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Explain the social construction of criminality - Coggle Diagram
Explain the social construction of criminality
what is social construction of criminality
something that has been made or defined by society. what counts as criminal is what society labels criminal. Societies can label actions as criminal/deviant compared to other societies that don't.
weak social construction and strong social construction
how laws change from culture to culture
Polygamy
polygamy is the act of having more than one husbands/wives within a marriage
polygyny - having more than one wife
polyandry - having more than one husband
where is it legal?
legal in most muslim-majority countries. i.e. malaysia, philippines, singapore and sri lanka.
where is it a crime?
against the law in most countries and in some countries where it is allowed there is a restriction of only having two husbands/wives.
reasons why the law varies between cultures
religion - The Qu'ran permits it. Mormon Church practiced polygamy up until 1890.
tradition - practiced in some African societies although it has declined sharply in recent decades.
Adultery
a sexual act between two people where one or both are married.
where is it a crime?
Most Muslim countries. Some African countries where there is a Christian-majority, 21 US states, Philippines, Taiwan. Punishments vary from death-fining.
Reasons why the law varies between cultures
Religion - condemn adultery. in societies where religion is a strong basis on the law it is a crime.
The position of women - often found in societies where women are viewed as subordinate.
Homosexuality
sexual acts between two people of the same sex.
where is it a crime?
illegal in 72 countries. 6 countries can result in death. some countries ban the promotion of homosexuality. Do not allow marriage or adoption
Reasons why the law changed
Religion - secular countries, more tolerant on sexual diversity. Laws based on religion are more stricter.
Public opinion - higher bans on homosexuality in countries where law based on religion.
sexism - less laws on lesbians as seen incapable of same-sex attraction
Cannabis
where is it a crime?
crime in the UK for possession and dealing of it.
where is it legal?
legalised for personal recreation or medical use. i.e Canada and Uruguay. Classified as a misdemeanour or a minor offence.
reasons why the law varies between cultures
different ideas about how best to control drug use - deter drugs or helping takers of cannabis for their drug problem.
Different norms and values - different societies and countries will view Cannabis and its effects differently. Countries with emphasis on individual freedoms see it as victimless
how laws change over time
Homosexuality
Changes overtime
1885 - all acts between men were a crime, sentence of life in prison.
1967 - legalised for men aged 21 or over E + W
1980 - S
1982 - NI
1994 - age of consent reduced to 18
2000 - reduced to 16.
Reasons why the law changed
the wolfenden report - report done in 1954 saw over 1,000 men in prison after WW2. Made to reform law. Recommended in 1957 that it should be legalised for men 21 or over.
Campaigns - The Homosexual law reform society, successfully campaigned for a change in law. Stonewall. Campaign for homosexuality equality led to age being 16.
Politicians - politicians supported the campaigns such as Roy Jenkins. 2010 Equality Act.
Human Rights - Homosexuality is seen as a human right as you cant control someone's life.
Drug laws
changes overtime
The portuguese case - 2001 possession changed from crime to civil offence if quantity was less than 10 day supply.
1930s-1975 - Right Wing dictatorship, strictly regulated.
after revolution in 1975, became a democracy = large influx in drugs. High rate of Heroin addiction and HIV.
Public health - should be regarded as a public health issue not a criminal justice issue. Drug use fell sharply. HIV infections are non-existent and drug deaths are lowest in Europe.
reasons why the law changed
1990's 1 in 100 addicted to Heroin. Relatively poor country, reduce costs resulting from drug use.
Gun control laws
1987 - Michael Ryan, shot and killed 16 people in Hungerford, Berkshire.
1996, 16 children and their teacher were shot dead at Dunblane primary school by Thomas Hamilton.
Most of the weapons used were legally held.
1997 - law tightened following an enquiry led by former judge Lord Cullen. John Major introduced an act banning all handguns except 22.single shot weapons.
Tony Blair introduced a second firearms act banning remaining handguns. Apart from historic and hunting weapons, it is illegal to own a handgun.
Reasons why the law changed
The gun control network - set up by lawyers, academics and parents of victims campaigned for tighter gun laws
the snowdrop campaign - started by bereaved Dublane parents, organised a petition to collect 750,000 signatures to call for a change in the law.
Laws relating to children
childhood is an example of social construction. 'the best years of your life'. vulnerable, innocent and in need of protecting and nurturing.
changes over time - until the 13th century, idea of childhood did not exist. put out to work at an early age with same rights and duties as everyone else. law made no distinction between children and adults.
separate stage in life and became child-centered.
Changes in the law overtime
laws excluding children from paid work - 19th century, children as young as six were working. Factory Acts started to exclude children from the workplace.
compulsory schooling - 1880 ensured a basic education = kept children out of work
child protection and welfare legislation - 2004 children act made welfare the fundamental principle underpinning work such as social services.
children's rights - the children act defines parents having the responsibility of children. united nations convention on the rights of the child lays down basic rights such as entitlement to healthcare and education, protection from abuse and the right to participate in decisions that affect them.
laws and policies that only apply to children - minimum ages for activities, reinforce children are different to adults and so different rules must be applied to their behaviour
Laws concerning physical punishment
capital punishment, by hanging not only for murder.
corporal punishment, flogging, birching, branding and being put on the stocks.
changes in the law
offences carrying the death penalty reduced. capital punishment was abolished in 1965. corporal punishment slowly disappeared. flogging was abolished in the armed forces in 1881 and all corporal punishment was abolished in 1967.
reasons for changes
breach of the basic human rights - the right to life.
nothing can be done to correct the miscarriage of justice.
death penalty doesn't seem to act as a deterrent. most murders are done in the heat of the moment disregarding the punishment.
long-term decline in violence. physical punishment has been replaced with self-control.
how laws are applied differently according to circumstances in which actions occur
differential enforcement of the law
moral panics - minor offences committed during the London riots in 2011 were likely to recieve custodial sentences compared to sentences under 'normal' conditions. severe sentences on youths offending during the mods and rockers. to deter and teach a lesson.
typifications - Chambliss, police enforce more on the working class. Cicourel, police have an idea of a typical offender. Piliavin and Briar found that 'situational factors' play a large part in a polices decision.
age of responsibility
a child is deemed to have no capacity to commit a crime. unable to understand the full meaning of the act they have committed and cannot be held responsible. age of responsibility is 10 years old.
youth courts and punishments - treated differently by the justice system. youth courts are special magistrates courts that deal with people aged 10 to 17. less formal. can't send to prison.
homicide
homicide act 1957, exist solely for the offence of murder, where defendant can plead not guilty;
diminished responsibility, mental condition is substantially reduced their ability to understand what they were doing or form a rational judgment. = manslaughter
loss of control, partial offence = manslaughter
automatism, an involuntary act, this defence can be pleaded.