AC1.2 - Explain the Social Construction of Criminality
Crime is a social construct - this means that society decides what is criminal behaviour and
what is not.
How laws change from culture to culture
Adultery:
- Defined as sexual relations between a married person and somebody other than their
spouse.
- It is not considered a criminal offence in the UK, though may have legal
consequences when in comes to divorce proceedings
- Legal in all European countries
- Illegal in many countries governed by Islamic law such as Saudi Arabia.
- The law varies in different countries mostly due to the fact of religion. For example
the Bible states that adultery is a sin
Honour Crimes:
- Crimes where the accused has brought shame upon the family. It could include being
killed for refusing to enter into an arranged marriage.
- Most actions under this category would be considered a crime, e.g murder
- Most honour crimes take place within South Asian and Middle Eastern families,
where it is deemed more acceptable.
- Illegal in most countries - UK, Europe, USA
- The law differs due to the acts originating from tribal customs.
Homosexuality:
- Defined as sexual attraction between people of the same sex
- Once was illegal in the UK, now legal with same sex marriage also legal
- Legal in UK, Europe, USA and Canada
- Illegal in India, Saudi Arabia, Iran, Yemen and Nigeria
- Religion is the main reason why it is illegal, as well as it still being considered as
something that is against the norms of the society
How laws change over time
- Capital Punishment - the death penalty was previously used in the UK until it was
abolished in 1969. The law changed as a result of an increase in miscarriages of
justice. Ruth Ellis murdered her boyfriend with a gun. She was also a victim of
domestic abuse. She should not have been convicted of murder as she could argue
the defence of diminished responsibility or loss of control. However she was given
the death penalty. The law also changed because of the changing status of different
social groups and increased rights under the law.
Crime is a social construct - this means that society decides what is criminal behaviour and
what is not.
How laws change from culture to culture
Adultery:
- Defined as sexual relations between a married person and somebody other than their
spouse.
- It is not considered a criminal offence in the UK, though may have legal
consequences when in comes to divorce proceedings
- Legal in all European countries
- Illegal in many countries governed by Islamic law such as Saudi Arabia.
- The law varies in different countries mostly due to the fact of religion. For example
the Bible states that adultery is a sin
Honour Crimes:
- Crimes where the accused has brought shame upon the family. It could include being
killed for refusing to enter into an arranged marriage.
- Most actions under this category would be considered a crime, e.g murder
- Most honour crimes take place within South Asian and Middle Eastern families,
where it is deemed more acceptable.
- Illegal in most countries - UK, Europe, USA
- The law differs due to the acts originating from tribal customs.
Homosexuality:
- Defined as sexual attraction between people of the same sex
- Once was illegal in the UK, now legal with same sex marriage also legal
- Legal in UK, Europe, USA and Canada
- Illegal in India, Saudi Arabia, Iran, Yemen and Nigeria
- Religion is the main reason why it is illegal, as well as it still being considered as
something that is against the norms of the society
How laws change over time
- Capital Punishment - the death penalty was previously used in the UK until it was
abolished in 1969. The law changed as a result of an increase in miscarriages of
justice. Ruth Ellis murdered her boyfriend with a gun. She was also a victim of
domestic abuse. She should not have been convicted of murder as she could argue
the defence of diminished responsibility or loss of control. However she was given
the death penalty. The law also changed because of the changing status of different
social groups and increased rights under the law.
