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AC1.2 - Coggle Diagram
AC1.2
how laws change over time
homosexuality
change in same sex relationships between 1885 and 2000
homosexual acts between men were made a crime in 1885
in 1967 homosexual acts between between males aged 21 or over were legalised in England and Wales. 1980 for Scotland and 1982 in Northern Ireland
the age of consent was reduced to 18 in 1994 and equalised to heterosexuals in 2000
how homosexuality laws have changed in india
the british introduced many laws into their colonies during the period of the british empire
in 1861 they introduced a law in india making homosexuality a crime
the law was struck down by India's supreme court in 2018 and homosexuality is no longer an offence
4 reasons why the laws on homosexuality have changed over time
the wolfenden report
after WW2 there was rise in prosecutions of gay men (1000+ imprisoned by 1954)
after several trials of well known figures the government set up a committee under sir John Wolfenden to consider a reform of the law
report was published by the committee in 1957, after evidence from police, psychiatrists and gay men, recommending that homosexual acts in private between consenting adults over 21 should be legalised
campaigns
the homosexual law reform society made up of leading public figures successfully campaigned for the change in law that legalised gay sex in 1967
campaigns by Stonewall and the campaign for homosexual equality led to equalising the age of consent
politicians
Roy Jenkins supported the campaign for change. as home secretary he introduced the necessary legalisation in 1967
other since have introduced further legislation such as the 2010 equality act which outlaws discrimination on the grounds of sexual orientation
human rights
in India the main reason for change was the decision of the supreme court that the state has no right to control citizens private lives
in the UK this concern with equal rights also underlies changes in law on homosexuality
drug laws
the dominant idea of childhood in british society today
a special time of happiness
see it as fundamentally different to adults - they are more vulnerable, innocent and need protection
gun control laws
two mass shootings that lead to a change in gun control laws
1987 Michal Ryan (unemployed antique dealer)- shot and killed 16 people in hungerford, berkshire
1996 Thomas Hamilton (former scout leader) - 16 children and 1 teacher where shot dead at Dunblane Primary School in Scotland
changes to gun control laws kin 1997
John Majors conservative government introduced an act to ban all handguns excpt .22 single shot weapons
following the general election later that year, labour won, tony blair's government introduced a second firearm act banning the remaining handguns as well
campaigns that helped to change gun control laws in the UK
the gun control network
set up by lawyers, academics and parents of victims
the snowdrop campaign
started by bereaved dunblane parents and friends - organised a petition and collected 750000 signatures calling for a change in the law
laws relating to children
laws concerning physical punishment
capital punishment
by execution or hanging
capital punishment in the UK between 1723 and 1965
the 1723 black act made over 50 offences of theft and poaching into capital crimes
over time the death penalty was reduced until it remained only for murder and treason
it was finally abolished in Britain in 1965
corporal punishment
flogging, Birching, branding with hot irons and being put in the stocks
corporal punishment in the UK
it gradually disappeared e.g. flogging in the armed forces was abolished in 1881 and all corporate punishment was abolished in 1967
4 reasons why laws concerning physical punishment have changed
nothing can be done to correct a miscarriage of justice
the death penalty does not appear to act as a deterrent - most murders are heat of the moment
it is regarded as a breach of the most basic human right - the right to life
some writers argue that changes in law are due to a long term decline in violence. Norbert Elias argues that society has undergone a civilising process in the last 500 years and that it is shown by the disappearance of public executions.
how laws change from culture to culture
Polygamy
polygamy
the practice of having more than one wife or husband at the same time
polygyny
where a man may take two or more wives
polyandry
where a woman make two or more husbands
where is it legal ?
polygyny is legal in 58 countries, mainly Muslim majority countries, whereas polyandry is confined to a handful of societies, mainly the Himalayas
why might polygamy vary between counties
religion
the Qur'an permits Muslim men to take up to 4 wives. in the USA the Mormon church practiced polygamy until 1890 and continues illegally by some fundamentalist Mormon splinter groups
tradition
has traditionally been practiced in some African societies, though it has declined sharply in recent decades
Adultery
a sexual act between two people, one or both of whom are married to another person
where is it a crime?
mostly Muslim majority countries, though several Christian majority countries in Africa make it a criminal offence as do the Philippines, Taiwan and 21 US states
punishment varies widely - stoning to death (rare) to a fine (USA)
where is it legal?
in most countries including the UK, India ceased it to be a crime in 2018
why might Adultery vary between cultures
Religion
mot religions criticize it. not committing adultery is one of the 10 commandments shared by Christianity, islam and judaism. therefore in societies where law making has been strongly affected by religion it is a crime
the position of women
laws against it are found mostly in societies where women occupy a subordinate/minor position. in such societies the laws themselves are unequal
Homosexuality
sexual acts between members of the same sex/gender
where is it a crime?
male homosexuality is illegal in 72 countries and in 45 so are lesbian relationships
in 6 countries conviction can result in the death penalty
in some countries e.g Russia it is not illegal but the law bans its promotion
many countries which do not criminalise it still do not allow same sex couples to marry or adopt
where is it legal
the UK, Europe and both North and South America
it is illegal in many Muslim countries but in Indonesia which is the largest muslim state it is not
why might homosexuality vary between cultures
religion
christianity, islam and judaism have traditionally condemned homosexuality. countries where law making is strongly affected by religion it is more likely to be a crime
public opinion
polls by the Pew research centre show higher levels of support for bans in some countries especially where religion has a strong influence.
95% in egypt believed homosexuality should be rejected
sexism
the fact that male homosexuality is a crime in more countries than lesbianism is may be due to sexist assumptions by male law makers that women were incapable of same sex attraction
cannabis
possession
can be punished with up to 5 years imprisonment but are often much lighter e.g. a fine
supply
can be punished with up to 14 years imprisonment
where is possession of cannabis legal
could be for personla, recreational or medicinal use
Uruguay and Canada have legalised its sale
in Portugal they have decriminalised possession for personal use so that it is reclassified as a misdemeanour
why might cannabis possession vary between cultures
different norms and values
societies with greater emphasis on individual freedoms may see drug use as victimless or an individuals right to do as they wish to their body
different ideas about how to best control drug use
some societies the best way to prevent drugs causing harm is taking a tough stance so favour severe penalties even for possession which they view as a gateway to additions of harder drugs
other societies see legalisation or decriminalisation as a way to take it out of the hands of criminal suppliers and reduce harm by allowing users to get help for their problems
how laws are applied differently according to circumstances in which actions occur
differential enforcement law
age of criminal responsibility
the age below which a child is deemed not to have the capacity to commit a crime
in England, Wales and Northern Ireland it is 10 years - no other country in Europe has a lower age than this. in Scotland it is 12
children below a certain age are unable to understand the full meaning of the act they have committed and so cannot be held responsible for it in the same way
youth court and punishments
youth courts hear cases involving offenders aged 10-17
they are less formal - defendants are called by first name and members of the public are not usually allowed in
the court cannot send anyone to prison but can impose sentences including a detention and training order carried out in a secure centre
homicide
the 3 special defences contained in the homicide act 1957
diminished responsibility
if a defendant can show that their mental condition reduced their ability to understand what they were doing or form of rational judgement, this reduces their conviction to manslaughter
loss of control
partial defence that may reduce the offence to manslaughter
automatism
a crime is a voluntary act so the defendant must have consciously chosen to commit it. if they can show it was involuntary, they can plead the defence of automatism
social construction
something that has been made or defined by society rather than simply occurring naturally
social construction of crime
what counts as criminality is whichever acts society defines as criminal
one society can define it as criminal and create a law against it while another sees no wrong in it