Unit 1.2

• what is social construction

  a concept or perception of something based on a collective view of people within society
• how does time link to crime and deviance?


  when the act takes place can influence if it’s criminal or deviant
• how does place link to crime and deviance?


  where the crime takes place can influence whether its crime or deviant
• how does culture link to crime and deviance?


  different cultures have different expectations and social norms and values
• laws on adultery

  strictly prohibited in countries such as pakistan, philippines and saudi arabia

  decriminalised in nearly all westernised countries

  legalised in the uk
• how do laws on adultery vary between cultures?


  religion: not committing adultery is one of the ten commandments shared by christianity, judaism and islam. countries where religion has a strong influence over law making its typically illegal

  position of women: laws against adultery are typically found in societies where the women occupy a subordinate position
• laws on homosexuality

  male homosexuality is illegal in 72 countries and lesbianism is illegal in 45 countries.

  in 6 countries, such acts can lead to death penalty

  some countries it’s legal but ‘promotion’ is banned (russia)

  its legal in the UK, europe, north and south america

  all muslim countries it’s prohibited, except indonesia
• how do laws on homosexuality vary between culture?

  religion: countries where religion has a strong influence over law making, it’s typically illegal but legal in secular societies

  public opinion: polls show higher support for ban (95% of Egypt)

  sexism: male homosexuality being more criminal than lesbianism could be due to sexist assumptions by male law makers
• laws on cannabis


  illegal in the UK as possession can lead to 5 years imprisonment but can be raised to 14, but is typically a fine or discharge due to police priorities and resources available

  other european countries have similar laws

  canada, uruguay have legalised its sale. portugal has decriminalised the usage of cannabis
• how do laws on cannabis differ between cultures?

  different norms and values: societies with greater emphasis on free will may see drug use as victimless or an individuals right to do as they wish
• past laws on homosexuality 


  buggary act 1555: homosexuality was punishable by death but was later abolished in 1867

  1885: homosexuality led to life imprisonment

  age of consent for gay men was 21 in england and wales in 1967, scotland in 1980 and northern ireland in 1982

  age of consent was reduced to 18 in 1994 but then equalised with heterosexuals at 16 in 2000

  the marriage act 2013: allowed homosexuals to get married legally
• what is FGM?


  the deliberate mutilation of the female genitalia for non medical purpose to preserve virginity until marriage

  takes place in africa, middle east and asia
• how did laws change for FGM?

  greater understanding of the problem

  impacts on psychological health and physiological harm have been recognised

  unsafe practise- infection
• laws of being convicted of a criminal offence

  10-17y/os can be arrested and taken to court

  but are treated differently to adukts

  • youth courts

  • different sentences

  • sent to special secure centres not prisons
• laws on polygamy


  polygamy is the practice of having 1+ wife/husband at the same time. polygyny: men have 1+ wife

  polyandry: women have 1+ husband

  legal in 58 countries and a handful of societies which include muslim majority countries eg. india, malaysia and phillippines permit polygamous marriages but only for muslims

  illegal in most countries eg. turkey and tunisia

  up to 7 years imprisonment in the UK
• why does polygamy vary between cultures?

  religion: qur'an permits muslim men to take up to 4 wives, in the USA the morman church practised polygamy in 1890s and is still practised by morman splinter groups

  tradition: practiced by african communties but has declined in recent decades
• how are laws applied differently according to circumstances in which actions occur in?- moral panics


  moral panics: minor offences during london riots 2011 were most likely to recieve custodial sentences than similar cases under 'normal' conditions

  as well as this courts imposed more severe sentences during mods and rockers 1960s
• how are laws applied differently according to the circumstances they occur in?- age of criminal responsibility

  2 people may commit the same crime but will be treated differently if one is below the age of criminal responsibility

  this is the age below which a child is deemed to not have the capacity to commit a crime.

  children below a certain age are unable to fully understand the full meaning of the act committed so they cannot be held responsible
• how are laws applied differently according to the circumstance they occur in?- homicide

  3 special defences are contained within the homicide act 1957 for the offence of murder

  diminished responsibility: if you can prove mental condition that may have reduced the ability to understand what they did it can reduce conviction to manslaughter

  loss of control: this is a partial defence that can reduce conviction to manslaughter

  automatism: crime must be a voluntary act where the defendant must have been consciously chosen to commit it but if involuntary then they can plead automatism