What is Social Construction of Crime? Easy Examples & Child Protection Laws UK

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Louise

05/02/2023

Criminology

1.2 Explain the social construction of crime

Subjects

Criminology

Social Justice

What is Social Construction of Crime? Easy Examples & Child Protection Laws UK

The social construction of crime and cultural differences in legislation are explored in this comprehensive guide, focusing on how laws vary across cultures and change over time. The document covers key aspects of criminal justice, child protection, and societal norms that influence legal frameworks.

Examines the evolution of child protection laws and the concept of childhood
Discusses changes in gun laws, capital punishment, and age of responsibility
Explores cultural differences in laws regarding polygamy, adultery, and homosexuality
Analyzes the impact of social attitudes, religion, and scientific advances on legislation
Provides examples of how laws have changed over time, such as drug decriminalization in Portugal

05/02/2023

The Child Act Parents have
a 'responsibility rather
than 'rights' to their child
Miscarriage of Justice Being
punished by the law for a
crim

Social Construction of Crime and Cultural Variations

This page delves deeper into how laws differ across cultures and change over time, exploring the concept of social construction of crime and providing specific examples of legal variations globally.

Cultural Variations in Laws

Laws vary significantly between cultures, often due to religious beliefs, traditions, and social norms:

Polygamy:
- Legal in some African and Asian countries
- Illegal in Australia, America, and the UK (up to 7 years custodial sentence)
- Varies due to religious traditions (e.g., Muslim men can have up to 4 wives)
Adultery:
- Legal in most countries, including the UK
- Illegal in some African countries, Philippines, and 21 American states
- Variations often stem from religious influences and women's rights issues
Homosexuality:
- Legal in the UK, America, and most Western countries
- Illegal in 72 countries for men and 45 for women
- Variations often due to religious beliefs and public opinion
Cannabis:
- Legal in Canada, Uruguay, and some US states
- Illegal in the UK, most of Europe, and some US states
- Differences arise from varying perspectives on morality and public health

Definition: Social construction of crime refers to how society defines and shapes criminal behavior, rather than it being naturally determined. This concept explains why laws can vary so significantly across cultures and time periods.

How Laws Change Over Time

Laws evolve due to various factors, including scientific advances, social attitude changes, and responses to specific events:

Drug Laws in Portugal:
- Previously strict, requiring licenses even for cigarette lighters
- Decriminalized possession of drugs in 2001
- Change driven by high addiction rates and HIV prevalence
Homosexuality Laws in the UK:
- Criminalized in 1885 with potential life imprisonment
- Decriminalized for men in 1967
- Same-sex marriage legalized in 2014
- Changes driven by campaigns like Stonewall and the Homosexual Law Reform Society

Vocabulary: Decriminalize - To stop treating something as illegal

Highlight: The Equality Act 2010 in the UK was a significant milestone in protecting LGBTQ+ rights, illustrating how laws can change to reflect evolving societal values.

Reasons for Legal Changes and Differences

Religious and traditional influences
Social and attitude changes
Scientific advances
Responses to miscarriages of justice

Example: The social construction of crime is evident in how different societies view and legislate on issues like drug use, with some seeing it as a criminal matter and others as a public health concern.

When analyzing how laws change due to culture and time, it's crucial to consider the interplay between societal values, historical context, and the social construction of crime. This understanding is vital for students of criminology and those interested in the evolution of legal systems.

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Subjects

Criminology

Social Justice

What is Social Construction of Crime? Easy Examples & Child Protection Laws UK

Louise

@louise_studies

192 Followers

Examines the evolution of child protection laws and the concept of childhood
Discusses changes in gun laws, capital punishment, and age of responsibility
Explores cultural differences in laws regarding polygamy, adultery, and homosexuality
Analyzes the impact of social attitudes, religion, and scientific advances on legislation
Provides examples of how laws have changed over time, such as drug decriminalization in Portugal

...

05/02/2023

2622

Criminology

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Social Construction of Crime and Cultural Variations

Cultural Variations in Laws

Laws vary significantly between cultures, often due to religious beliefs, traditions, and social norms:

Polygamy:
- Legal in some African and Asian countries
- Illegal in Australia, America, and the UK (up to 7 years custodial sentence)
- Varies due to religious traditions (e.g., Muslim men can have up to 4 wives)
Adultery:
- Legal in most countries, including the UK
- Illegal in some African countries, Philippines, and 21 American states
- Variations often stem from religious influences and women's rights issues
Homosexuality:
- Legal in the UK, America, and most Western countries
- Illegal in 72 countries for men and 45 for women
- Variations often due to religious beliefs and public opinion
Cannabis:
- Legal in Canada, Uruguay, and some US states
- Illegal in the UK, most of Europe, and some US states
- Differences arise from varying perspectives on morality and public health

Definition: Social construction of crime refers to how society defines and shapes criminal behavior, rather than it being naturally determined. This concept explains why laws can vary so significantly across cultures and time periods.

How Laws Change Over Time

Laws evolve due to various factors, including scientific advances, social attitude changes, and responses to specific events:

Drug Laws in Portugal:
- Previously strict, requiring licenses even for cigarette lighters
- Decriminalized possession of drugs in 2001
- Change driven by high addiction rates and HIV prevalence
Homosexuality Laws in the UK:
- Criminalized in 1885 with potential life imprisonment
- Decriminalized for men in 1967
- Same-sex marriage legalized in 2014
- Changes driven by campaigns like Stonewall and the Homosexual Law Reform Society

Vocabulary: Decriminalize - To stop treating something as illegal

Highlight: The Equality Act 2010 in the UK was a significant milestone in protecting LGBTQ+ rights, illustrating how laws can change to reflect evolving societal values.

Reasons for Legal Changes and Differences

Religious and traditional influences
Social and attitude changes
Scientific advances
Responses to miscarriages of justice

Example: The social construction of crime is evident in how different societies view and legislate on issues like drug use, with some seeing it as a criminal matter and others as a public health concern.

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

How Laws Change Due to Culture and Time

Laws evolve significantly over time and vary across cultures due to changing societal values, scientific advances, and public pressures. This page examines several key examples of how criminal laws have changed in the UK and globally.

Changes in Child Protection Laws

Until the 13th century, the concept of childhood did not exist legally, and children were treated as adults. Over time, society's views shifted to recognize childhood as a distinct life stage.

Highlight: The Children Act established that parents have "responsibilities" rather than "rights" regarding their children, reflecting this evolving perspective.

Gun Law Changes in the UK

Two major incidents - Hungerford and Dunblane - led to significant changes in UK gun laws.

Example: The Firearms Act of 1997 banned all handguns in the UK in response to public outcry and campaigns like the Snowdrop Campaign.

Evolution of Punishment Approaches

Capital punishment was a primary form of punishment in the UK from 1196 until its abolition in 1965.

Vocabulary: Miscarriage of justice - Being punished for a crime one did not commit.

Highlight: Capital punishment was abolished partly because executed individuals could not be pardoned in cases of miscarriage of justice, violating human rights.

Differential Application of Laws

Laws are often applied differently based on various circumstances:

Moral Panics: Public outcry can lead to harsher sentences, as seen with the 2011 London rioters.
Typification: Police assumptions about what a criminal looks like or where they might be found.
Age of Responsibility: In the UK, the age of criminal responsibility is 10 years old.
Homicide Act 1957: Allows for exceptions to murder charges based on circumstances like diminished responsibility or loss of control.

Definition: Social construction of crime refers to how society defines and shapes what is considered criminal behavior, rather than it being naturally determined.

Cultural Variations in Laws

Laws vary significantly across cultures, often due to religious, traditional, or social factors:

Consent Ages: 16 in the UK, 18 in the US
Drinking Ages: 18 in the UK, 21 in the US
Driving Ages: 17 in the UK, 16 in the US

Example: Chambliss Theory studied how middle-class "Saints" and working-class "Roughnecks" were treated differently by the justice system despite committing similar offenses, illustrating the impact of social typifications on law enforcement.