Social Construction of Crime and Deviance » Historical Changes in Crime Definition

What you'll learn this session

Study time: 30 minutes

How definitions of crime have changed throughout history
The social construction of criminal categories
How activities can be criminalised and decriminalised
Key historical examples of changing crime definitions
How to analyse the relationship between social values and crime definition

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Historical Changes in Crime Definition

Crime isn't a fixed or natural category - it changes over time as societies evolve. What was once perfectly legal might be a serious crime today and activities that used to be criminal are now completely acceptable. This is because crime is socially constructed, meaning that societies create and define what counts as criminal behaviour.

Key Definitions:

Crime: An action that breaks the law and is punishable by the state.
Deviance: Behaviour that violates social norms but may not necessarily be illegal.
Social construction: The process by which people and groups create shared understandings of reality through social interactions.
Criminalisation: The process of turning an activity into a criminal offence.
Decriminalisation: The process of removing criminal penalties from an activity.

💡 Why Crime Definitions Change

Crime definitions change for several reasons:

Shifting moral values in society
Changes in political power
Economic transformations
Scientific and technological developments
Social movements and activism

📜 Who Defines Crime?

Those with social power typically define what counts as crime:

Government and lawmakers
Influential social groups
Religious institutions
Media organisations
Law enforcement agencies

Examples of Changing Crime Definitions

Throughout history, many activities have moved between being legal and illegal. These changes reflect evolving social values and power dynamics in society.

Activities That Have Been Decriminalised

Many behaviours that were once criminal are now legal or regulated differently:

💭 Homosexuality

In the UK, homosexual acts between men were illegal until 1967. The Sexual Offences Act partially decriminalised homosexuality, reflecting changing attitudes towards sexuality. Full equality under the law took many more decades to achieve.

💉 Suicide

Attempting suicide was a criminal offence in England and Wales until 1961. The Suicide Act decriminalised the act, recognising it as a mental health issue rather than a crime, though assisting suicide remains illegal.

💰 Gambling

Various forms of gambling were illegal for much of British history. The Betting and Gaming Act 1960 legalised many forms of gambling, which is now a major industry, though still regulated.

Activities That Have Been Criminalised

Other behaviours have moved from being legal to illegal:

🚬 Smoking in Public Places

Smoking in enclosed public spaces was perfectly legal until the Health Act 2006 banned it in England (with similar laws in other UK nations). This reflected growing concerns about the health impacts of passive smoking.

📱 Mobile Phone Use While Driving

Using a mobile phone while driving became illegal in the UK in 2003. This new crime emerged with technology and growing evidence about the dangers of distracted driving.

🚜 Environmental Crimes

Many environmental offences, like certain forms of pollution, waste dumping and wildlife trafficking, have been criminalised in recent decades as environmental awareness has grown.

Case Study Focus: Witchcraft Laws

Between the 16th and 18th centuries, witchcraft was considered a serious crime in Britain, punishable by death. The Witchcraft Act of 1735 changed the law to punish those who pretended to have magical powers (treating it as fraud rather than actual witchcraft). The act was eventually repealed in 1951.

This shows how definitions of crime can be tied to changes in scientific understanding and religious belief. What was once seen as a dangerous supernatural crime became viewed as impossible and then finally as harmless, reflecting the shift from supernatural to scientific worldviews.

The Role of Social Values in Crime Definition

Crime definitions often reflect the dominant values of a society at a particular time. When these values change, laws often follow (though sometimes with significant delay).

⚖ Moral Panics and Crime

Sometimes, public concern about certain behaviours can intensify rapidly, creating a "moral panic" that leads to new criminal laws. Sociologist Stanley Cohen studied this phenomenon in his work on Mods and Rockers in 1960s Britain.

Recent examples include panics around:

Dangerous dog breeds
Legal highs and new psychoactive substances
Antisocial behaviour

📝 Social Movements and Law Change

Social movements have played a crucial role in changing crime definitions:

The feminist movement helped criminalise marital rape (not recognised as a crime in the UK until 1991)
Environmental activists pushed for stronger pollution laws
LGBTQ+ rights movements fought for decriminalisation of homosexuality
Anti-racism campaigners advocated for hate crime legislation

Theoretical Perspectives on Changing Crime Definitions

Functionalist View

Functionalists like Durkheim argue that crime definitions serve important social functions. Laws change to maintain social order and reflect collective values. For example, as society became more concerned about public health, smoking in public places was criminalised.

Marxist View

Marxists argue that crime definitions protect the interests of the powerful. Historically, laws against vagrancy, poaching and trade unions protected property owners and employers. Even today, corporate crimes often receive less severe punishment than street crimes, despite potentially causing more harm.

Interactionist View

Interactionists focus on how certain groups get labelled as criminal. Howard Becker's "labelling theory" shows how powerful groups can define others as "deviant" or "criminal." For example, the criminalisation of certain drugs has often targeted minority communities.

Case Study Focus: Changing Drug Laws

Drug laws provide a fascinating example of changing crime definitions. Cannabis was legal in Britain until 1928 when it was added to the Dangerous Drugs Act. Since then, its legal status has been repeatedly debated:

In 2004, cannabis was downgraded from Class B to Class C (less serious)
In 2009, it was moved back to Class B
Currently, many countries and some US states have legalised cannabis for medical or recreational use

This shows how crime definitions can fluctuate based on changing medical evidence, public opinion and political priorities.

Examining Crime Through Time

When studying historical changes in crime definition, sociologists look at:

Legal documents: How laws have changed over time
Court records: What was actually prosecuted
Media coverage: How crime was portrayed and discussed
Social context: The wider social changes happening at the time

Key Points to Remember

When analysing historical changes in crime definition, remember:

Crime is socially constructed, not natural or fixed
Definitions change to reflect shifting social values
Those with social power have the greatest influence over what is defined as criminal
The criminalisation or decriminalisation of an activity doesn't necessarily reflect its harmfulness
Understanding these changes helps us see how our current definitions of crime might change in the future

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