Criminology2,138Updated 24 Oct 20264 pages

Why Laws Differ: Culture, Religion, and Crime Study Notes for Unit 2

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Laws and Cultural Variations in Criminality: A Comprehensive Overview explores how legal systems differ across cultures, time periods, and circumstances, highlighting the dynamic nature of criminal justice systems worldwide. Key points: How laws change from culture to culture in criminality is influenced by religious beliefs, traditions, and societal values Different societies apply varying legal standards to actions like polygamy, adultery, and drug use Legal systems evolve over time in response to social changes, public opinion, and significant events The application of laws can vary based on circumstances, age, and social factors Religious and cultural influences play a crucial role in shaping criminal laws and their enforcement
Unit 2, A.C 1.2 – page 1

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How Laws Change Over Time in Criminology

This page explores how various laws have evolved historically, reflecting changing societal values and norms.

Drug laws have undergone significant changes in many countries. Portugal, for example, introduced equal penalties for all drugs as part of a public health-focused approach.

Gun laws have often been tightened in response to tragic events. The UK severely restricted gun ownership after the Dunblane massacre in 1996.

Example: The Gun Control Network and Snowdrop Campaign were influential in changing UK gun laws.

Laws relating to children have dramatically evolved since the 13th century. Modern laws now cover child labor, compulsory education, and child protection.

Highlight: The concept of childhood as a distinct life stage only emerged relatively recently in human history.

Physical punishment laws, particularly regarding capital punishment, have changed significantly. The UK abolished the death penalty in 1965, reflecting a growing view that it violates human rights.

Homosexuality laws have progressed from total criminalization to increasing acceptance and legalization in many countries.

Quote: "Gay marriage finally legal in 2014" - This marks a significant milestone in the evolution of LGBTQ+ rights in the UK.

Unit 2, A.C 1.2 – page 2

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Differential Law Enforcement and Circumstances

This page examines how laws are applied differently based on various circumstances and factors.

Differential law enforcement refers to the uneven application of laws, often influenced by factors like race, class, or age.

Vocabulary: Differential law enforcement - the inconsistent application of laws to different groups or in different situations.

The London Riots of 2011 saw harsher sentences given to deter future unrest, even for minor offenses. This exemplifies how extraordinary circumstances can lead to stricter law enforcement.

Moral panics can influence how laws are applied. Police may develop "typifications" or assumptions about what a criminal looks like, leading to biased enforcement.

Example: The overuse of stop and search on young black males by the Metropolitan Police in London demonstrates how typifications can lead to discriminatory practices.

Age of criminal responsibility plays a crucial role in how laws are applied to young offenders. In the UK, this age is 10 years old.

Highlight: The case of Jon Venables and Robert Thompson, who were tried as adults at age 10 for the murder of Jamie Bulger, sparked debate about how the law should treat young offenders.

Chambliss's study of "Saints" and "Roughnecks" revealed how social class can influence law enforcement, with working-class youth facing stricter policing despite similar offense rates.

This page underscores the complex interplay between laws, societal factors, and individual circumstances in the application of criminal justice.

Unit 2, A.C 1.2 – page 3

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Differential Law Enforcement

This section explores how laws are applied differently based on circumstances and social factors.

Definition: Differential law enforcement refers to varying applications of law based on social, demographic, or situational factors.

Example: The 2011 London Riots resulted in harsher sentences to "deter others and teach people a lesson."

The text examines:

  • Police typifications and their impact on law enforcement
  • The role of moral panics in influencing law enforcement
  • Age-based differences in criminal responsibility
  • Chambliss's study of "Saints" and "Roughnecks"
Unit 2, A.C 1.2 – page 4

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How Laws Change from Culture to Culture in Criminality

Laws and criminal justice systems vary significantly across different cultures and societies. This page examines how specific laws and practices differ between countries and regions.

Polygamy is legal in some African and Asian countries like Algeria and Saudi Arabia, but illegal in most Western nations. This difference is often rooted in religious traditions, as Islam permits men to have up to four wives.

Definition: Polygamy refers to the practice of having multiple spouses simultaneously.

Adultery is criminalized in 21 US states and some Asian countries, while it's not a criminal offense in the UK and most of Europe. Religious influences from Christianity, Islam, and Judaism often contribute to stricter laws against adultery.

Homosexuality is legal in most Western countries but remains criminalized in many African and Asian nations. Public opinion, religious beliefs, and cultural norms significantly influence these laws.

Highlight: Sexism can play a role in how homosexuality laws are applied, with some countries only criminalizing male same-sex relationships.

Cannabis use is legal in countries like Canada and Uruguay but remains illegal in many others. Different approaches to drug control and public health policies shape these varying laws.

Example: Portugal decriminalized all drugs in 2001, focusing on a public health approach rather than criminal justice.

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