criminology 1.2

• social construction: refers to something that has been made or defined by society, rather than occurring naturally
• polygyny: where a man takes two or more wives

  polyandry: where a woman takes two or more husbands
• polygamy is legal in 58 countries, most countries where it is legal are Muslim majority countries. India, Malaysia, Sri Lanka and The Philippines permits polygamy but only for Muslims

  polygamy is illegal in most countries. anyone in the uk that goes through a marriage ceremony whilst being married to someone else is committing the act of bigamy. Bigamy is punishable by up to 7 years of imprisonment, a fine or both
• polygamy: why the law varies between cultures

  religion: the Qur'an allows Muslim men to take up 4 wives and this is reflected in the laws of most Muslim majority countries. In the Usa, the Mormon church practices polygamy until 1980, and it continues to be practiced illegally by some fundamentalist Mormon splinter group.

  tradition: polygamy has traditionally been practiced in some African societies, though it was declined sharply in recent decades
• adultery: sexual relationships between a married person and another, with the exception of their spouse. however what counts as a 'sexual act' may vary between cultures
• adultery is legal in the UK and all other European countries, but it may have legal consequences in divorce proceedings.

  adultery is illegal in most countries governed by Islamic law such as Saudi Arabia and Pakistan. Almost half of the states in USA consider it a crime but in most it is only a misdemeanour (minor offence)
• adultery: why the laws vary between cultures

  religion- most religions condemn adultery. the bible says adultery is a sin.

  the position of women- laws against adultery are often found in societies where women occupy a very subordinate position and could be treated as property.
• homosexuality- sexual acts between members of the same sex are treated as crimes in a number of countries
• male homosexuality is illegal in 72 countries ( Saudia Arabia, Iran, Nigeria) and in 45 countries lesbian relationships are illegal. In 6 of these countries, conviction can lead to death penalty. In many countries homosexuality is legal, however couples are penalised when it comes to marriage and adoption.

  It is legal in UK, Europe, north and south America. Although it is a crime in many Muslim countries, in Indonesia, the world largest Muslim state by population, it is legal
• Homosexuality: why the law varies between cultures

  religion- many religions have traditionally condemned homosexuality. in societies where religion holds a large influence, they are more likely to make homosexuality a crime. in contrast, in secular societies, social norms are generally more tolerant with sexual diversity.

  sexism- the fact that male homosexuality is a crime in more countries than lesbianism is, may be due to sexist assumptions by male lawmakers that women were incapable of same sex attraction.

  public opinion- this depends on family socialisation. polls by Pew Research Center
• Some places legalise cannabis for recreational and medical use. Other countries such as Canada and Uruguay have legalised its sale. many countries have also decriminalised possession for personal use and is only seen as a minor offence (Portugal)

  Cannabis is illegal in many European countries.
• Cannabis: why the law varies between different cultures

  Different norms and values- some would argue individual freedoms where people can do what they wish with their bodies, others do not

  ideas about controlling drug use- some societies decriminalise whereas others place harsh punishment to try and deter usage. some would class cannabis as a gateway drug.
• homosexuality: why the laws changed over time

  the wolfenden report:

  after ww2 an increase in prosecution of gay men (over 1000 by 1954)

  the government set up a committee under Sir John Wolfenden to consider reform of the law.

  In 1957, when all information was gathered from police, psychiatrists, religious leaders and gay men, the committees report recommended that homosexual acts done in private between consenting adults over 21 be legalised
• homosexuality: why the laws changed over time

  campaigns- successful campaigning from the homosexual law reform society changed the law that legalised gay sex in 1967. further campaigns such as stonewall and the campaign for homosexual equality led eventually to equalising the age of consent to 16
• homosexuality: why the laws changed over time

  politicians- Roy Jenkins (home secretary at the time) supported the campaign for change and introduced the UK legislation in 1967. Others have since implemented the equality act 2010.
• homosexuality: why the law changed over time

  human rights- Supreme court made the change in law in India (2018) saying the state has no control over citizens private lives. The UK also linked equal rights with changes in the law of homosexuality
• drug laws: the Portuguese case

  prior to the revolution, Portugal was ruled by a right-wing dictatorship as a strictly regulated society. Many things were banned including CocaCola

  After the revolution in 1975, Portugal became a democracy and the increased openness of the country led to a large influx of drugs.

  Due to this, Portugal had the highest rate of heroin addicts in Europe. As well as soaring rates of HIV infection from sharing needles

  From 2001, possession of drugs was changed from a crime to a civil offence (less than a 10 day supply)which allowed hard drugs and soft drugs
• drug laws: why the laws changed over time

  public health- the reason behind the thinking of decriminalising drugs was that drug use should be regarded as public health issue aimed at harm reduction

  users are referred to health and other support rather than being prosecuted
• drug laws: why the laws changed over time

  the main reason for the change in the law was due to rapid growth in the scale of drug addiction in Portugal after 1975: by the 1990s, 1 in every 100 of the population was addicted to heroin

  it was also felt that as a relatively poor country, the new law would reduce the costs resulting from the drug use and one source points to a saving of 18%

  success! since the change in law, drug use has fallen sharply. HIV infections among addicts are almost non-existent and deaths from drugs are now the lowest in Europe: around 4 per million of the population
• laws relating to children

  up until the 13th century, the idea of childhood did not exist. children were put to work from an early age (4-6) and were in effect 'mini adults' with the same rights and duties as everyone else. the law often made no distinction between children and adults, and children would face severe punishments.
• children: changes in the law

  laws excluding children from paid work: a series of factory acts gradually excluded children from the workplace

  compulsory schooling: introduced in 1880 ensuring basic education

  child protection and welfare legislation: 2004 children act

  childrens rights: the children act/ united nation conventions on the child (1989) lays down basic rights such as entitlement to healthcare and education and protection from abuse

  laws and policies that only apply for children: minimum age for a wide range of activities. (sex smoking driving)
• moral panic: cultural and social situations where heightened and exaggerated attention is given to a moral issue
• typifications: a special system for classifying different types of crime
• Chambliss- studied groups of youths. middle class 'saints' and working class 'roughnecks'. he found that while both groups committed crimes, the police enforced the law more strictly against the roughnecks.
• cicourel- stated police officers hold typifications and are most likely to be regarded as working class. due to this, there are more arrests from this group
• pavlin and brair- 'situational factors'. these include social class, ethinicity, age, attitude towards the police officer, and place and time of day or night. this means two individuals can commit the same offence but one may be more likely than the other to be arrested
• two people may commit the same criminal act but will be treated differently by the law if one of them is below the age of criminal responsibility. below this age, children are not deemed to have the capacity to commit a crime. the logic is that they dont fully understand the act they have committed so cannot be held responsible in the same way an adult can
• children who have committed a crime will be dealt with by the CJS.

  England and Wales have youth courts (10-17)

  youth courts are less formal

  members of the public are usually not allowed in

  this court cannot send anyone to prison, but can impose sentences including; detention and training order carried out in a secure center
• manslaughter is when someone takes another indivduals life without the intention of murdering someone