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Summary WJEC Level 3 Applied Certificate & Diploma Criminology: Study and Revision Guide - unit two, Criminological Theories

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explanation of the social construction of criminality explanation of How laws change from culture to culture/place includes polygamy, adultery, homosexuality, cannabis explanation of how laws change through time includes, homosexuality, gun control, Children, physical punishment explanation of how laws are applied differently according to circumstances includes, enforcement of the law, age of criminal responsibility, defences to homicide

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1.2


Explain the social construction of criminality
Definition - created or defined by society, rather than simply occurring naturally.



How laws change from culture to culture/place


Polygamy
having more than one husband or wife at the same time.
Polygyny = where a man may take two or more wives.
Polyandry = where a woman may take two or more husbands



Legal
- Polygyny legal in 58 countries
- polyandry confined to only a handful of societies, mainly the Himalayas
- Muslim majority countries
- India, Malaysia, the Philippines, Singapore and Sri Lanka = permits polygamy but only for Muslims

Illegal
- UK = marrying more than one person is bigamy, punishable up to 7 years imprisonment, and or a fine
- Turkey + Tunisia



Reasons for change

Religion position of women

In the Mormon church polygamy was practiced until 1890, however it is still practiced by some
fundamentalist Mormon groups illegally
In the Qur’an, it is permitted for Muslim men to have up to four wives

Tradition

Polygamy has traditionally been practiced in many African societies

, Adultery
sexual act between two people, when one or both of them is married to another person



Legal
- UK
- Most countries it is legal
- In India was legal up until 2018

Illegal
- Muslin majority countries
- Philippines, Taiwan and 21 US states
- several countries in Africa that are Christian majority
Punishment in Rhode Island, USA = fines
Punishment in Malaysia + Indonesia = stoning to death, caning



Reasons for change

Religion

In most religions adultery is condemned
Not committing adultery is a part of the ten commandments shared by Christianity, Islam and Judaism
Where religion has an influence of the law-making process adultery is largely illegal

position of women

Adultery is often illegal in countries where women are seen as subordinate (lesser) to men
adultery laws are often unequal
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