AC 1.2 Social construction of criminality

• Social construction


  Something that has been made or defined by society, rather than occurring naturally
• What counts as criminality is simply whichever acts a society defines as criminal
• One society or culture can define a particular act as criminal while it is legal in the culture where it is practiced
• Honour killings


  • Illegal and universally condemned as murder despite originating from tribal customs and the inferior position of women in some societies
• Adultery


  • Not considered illegal in the UK, however the person can no longer live with the spouse after committing adultery
• Homosexuality


  • Decriminalised in England and Wales, Scotland and Northern Ireland
• Speaking out against the government is illegal in some countries, like China, where it can get you a prison term
• Historical variation


  Laws change over time in a given society to reflect changing social norms and moral views
• Prostitution


  • Once stigmatised, now society's views have changed and it is recognised that these women may have very few other options available to them
• Vagrancy


  • Once illegal under The Vagrancy Act 1824 to clear the streets of beggars, rogues and vagabonds, now society has accepted there are legitimate reasons for homelessness
• Differential enforcement of the law

  The law is applied differently according to the circumstances in which a criminal act occurs
• Moral panic


  • During times of moral panic, crimes may be treated differently than at other times, with minor offences more likely to receive custodial sentences
• Typifications


  Law enforcement have ideas about what a criminal is like and treat individuals in different ways according to stereotypes
• Age of criminal responsibility

  • Two individuals who commit the same crime may be treated differently by the justice system due to their age
• In most of the UK, children below the age of 10 are deemed to not understand the full meaning of the law
• Mary Bell


  • 10 years old, convicted of manslaughter for strangling two toddlers in 1968, served 12 years in prison
• John Venables & Robert Thompson


  • 10 years old, abducted, tortured and killed 3-year-old James Bulger, sentenced to 2 years in custody
• The perpetrators were too young to fully understand the law, but there is still potential for reform and the need for continued supervision to prevent potential further offences
• Diminished responsibility


  A special defence in homicide cases where the defendant shows their mental condition may have reduced their ability to understand their actions, reducing the charge to manslaughter
• Loss of control


  A special defence in homicide cases where the defendant can show the act was involuntary
• Automatism


  A special defence in homicide cases where the defendant can show the act was involuntary
• In the case of Bratty v A-G for NI (1963), the defendant wanted to plead a defence of automatism