Introduction to Social Construction of Crime
Have you ever wondered why some actions are considered crimes in one country but perfectly legal in another? Or why something that was once illegal is now acceptable? This is because crime isn't simply about "bad" behaviour - it's socially constructed, meaning that societies create and define what counts as criminal.
Key Definitions:
- Social Construction: The process by which people create social phenomena through social practices, interactions and institutions.
- Crime: Behaviour that breaks the law and is subject to formal punishment.
- Deviance: Behaviour that breaks social norms but may not necessarily break laws.
- Criminalisation: The process of turning an action into a criminal offence.
💡 Crime as a Social Construct
Crime isn't a fixed or natural category - it's created by societies. What's considered criminal depends on who has the power to make and enforce laws. This means that definitions of crime can change over time and vary between different cultures and societies.
⚖ Power and Crime Definition
Those with social power (like governments, wealthy elites, or influential groups) can influence what gets defined as criminal. Laws often reflect the interests and values of powerful groups in society rather than being objective or universal rules.
How Crime Definitions Change
Crime isn't fixed - it changes throughout history and varies across different societies. What was once criminal might become acceptable and vice versa.
Historical Example: Homosexuality in the UK
Until 1967, homosexual acts between men were illegal in England and Wales. People could be imprisoned simply for their sexual orientation. Today, discrimination based on sexual orientation is itself illegal and same-sex marriage is legal. This dramatic shift shows how definitions of crime are socially constructed and can change as society's values evolve.
Cultural Variations in Crime
What's considered criminal varies enormously across different cultures and countries:
🇺🇸 USA
In some US states, cannabis use is legal, while in others it remains criminal.
🇮🇷 Italy
Being homeless and begging in some Italian cities can result in fines - effectively criminalising poverty.
🇰🇷 Saudi Arabia
Until recently, women driving was illegal - showing how gender can influence criminalisation.
Sociological Perspectives on Crime Construction
Different sociological theories help us understand how and why crime is socially constructed:
💬 Interactionist Perspective
Interactionists focus on how crime is defined through everyday interactions and labelling processes. They argue that no act is inherently criminal until society labels it as such. Howard Becker's "labelling theory" suggests that powerful groups create deviance by making rules and applying them to others.
💪 Marxist Perspective
Marxists see crime definitions as tools of the ruling class to protect their interests. They argue that laws primarily protect private property and maintain capitalism. Corporate crimes that harm many people often receive lighter punishments than individual property crimes, reflecting class bias in the legal system.
The Role of Media in Constructing Crime
The media plays a huge role in shaping our understanding of what crime is and who commits it:
- News Selection: Media outlets choose which crimes to report, often focusing on unusual, violent or sensational cases rather than common crimes.
- Moral Panics: Media coverage can create "moral panics" - periods of intense concern about certain groups or behaviours that are portrayed as threats to social values.
- Stereotyping: News reports often reinforce stereotypes about who is "criminal" - frequently along lines of class, race, age or gender.
Case Study: The 2011 UK Riots
Following the police shooting of Mark Duggan in London, riots broke out across several English cities. Media coverage largely focused on "mindless criminality" and "thuggish behaviour" rather than underlying social issues like inequality, poverty and tensions with police. This framing helped construct the events primarily as criminal rather than as political protest or social unrest, influencing public opinion and justifying harsh sentencing for participants.
Corporate Crime vs Street Crime
The way we construct crime often focuses on visible "street crimes" while downplaying harmful actions by powerful corporations:
🛡 Street Crime
Crimes like theft, burglary and assault are highly visible, heavily policed and severely punished. These are often committed by less powerful members of society and receive extensive media coverage.
🏢 Corporate Crime
Actions like pollution, dangerous working conditions, or financial fraud can harm thousands but are often treated as "regulatory violations" rather than serious crimes. These actions by powerful corporations receive less media attention and lighter punishments.
The Process of Criminalisation
How does something become defined as a crime? The process typically involves several stages:
- Recognition: A behaviour is identified as harmful or problematic by some group in society.
- Campaigning: Groups advocate for the behaviour to be criminalised.
- Legislation: Laws are created that define the behaviour as criminal.
- Enforcement: Police and courts begin to enforce the new laws.
- Normalisation: Over time, society comes to accept the behaviour as "obviously" criminal.
Example: Criminalisation of Drink Driving
Until the 1960s, driving after drinking alcohol was widely accepted in the UK. Following campaigns by groups like RoSPA (Royal Society for the Prevention of Accidents), breathalyser tests were introduced in 1967. Over time, attitudes shifted dramatically and today drink driving is seen as a serious crime. This shows how behaviours can move from being socially acceptable to being defined as criminal through social processes.
Conclusion: Why the Social Construction of Crime Matters
Understanding that crime is socially constructed helps us to:
- Question who benefits from certain definitions of crime
- Recognise how power influences what gets criminalised
- Be aware that "crime" isn't a natural or fixed category
- Consider whether some harmful behaviours should be criminalised or decriminalised
- Think critically about media representations of crime and criminals
Remember, saying crime is socially constructed doesn't mean that harmful behaviours don't exist or shouldn't be addressed. Rather, it encourages us to think critically about how societies decide which harms to focus on and how to respond to them.