Criminology - Unit 2 Social Construction of Crime

What is the legal definition of crime?

Behaviour and actions that break legislations and must have 2 components; an acts reus and a mens rea.

What is the social definition of crime?

Actions which society have deemed to be inappropriate. If society says an action is criminal, it can become criminal and the opposite can happen too; society can view actions as not serious which over time can be decriminalised.

Give some examples criminal acts.

Fatal offences against the person - murder, manslaughter

Non-fatal offences against the person - assault, ABH, GBH

Offences against property - theft, robbery

Sexual offences - rape, indecent assault

Public order offences - riot, drunk and disorderly

Drug offences - possession with intent to supply

How is crime sanctioned?

Through formal sanctions including court and non-court sanctions. For example, court sanctions include custodial sentences, fines, community sentences and non-court sanctions include cautions or penalty notices.

What is deviance?

Behaviour that goes against the social norms of a group or society which may cause a critical reaction or disapproval from others.

How is deviance sanctioned?

Informal sanctions (sanctions that are not formally written down) are given against minor forms of deviance e.g. parents grounding a child, name calling or frowning upon a behaviour.

What are the three forms of deviance?

Admired deviance (deviant but good) e.g. saving a life while putting your own life at risk

Odd deviance (deviant by being different from what is considered the norm) e.g. owning an excessive number of cats

Bad deviance (deviant by displaying immoral or negative behaviour) e.g. assaulting a pensioner.

Give an example of an action that is criminal but not deviant.

Illegal streaming or downloading

Give an example of an action that is deviant but not criminal.

Hoarding newspapers, wearing strange clothes, excessive washing hands, owning a large number of cats

What is meant by social construction of crime?

Society decided what criminality is which can change over time, cultures and place.

How do laws change depending on culture?

For example, adultery is legal in European cultures such as England, Wales, Romania, Austria etc. However, in Muslim countries like Saudi Arabia, Pakistan and Somalia, adultery is illegal and can be punished by imprisonment or death.

Why do laws change from culture to culture?

Religious differences e.g. in Islam adultery is considered a very serious sin but in European cultures there has been a decline in religion and so adultery isn’t considered a sin punishable by death by most.

Socio-economic factors e.g. polygamy is legal in poorer countries like Nigeria or Mali as it is believed that those with more wives have higher status wealth and power.

Tradition. Some cultures take their traditional views very seriously whilst in other cultures tradition has been left behind mostly.

How do laws change according to place?

For example, possession of cannabis is illegal in England and Wales but the way it is policed is different around different areas e.g. Durham police have stated they will stop actively prosecuting for possession of cannabis unless someone directly complains to them about it. This was to cut costs.

Another example is Jaywalking. This is legal in the UK however, in the US and other European countries like Germany and Poland jaywalking is illegal. This is because in the UK pedestrians have the right of way.

How do laws change over time?

For example, laws on capital punishment have changed over time. In the 18th century there were over 200 offences punishable by death. However, now, ever since 1965, capital punishment has been abolished.

Also, laws on homosexuality has changed over time. Homosexuality was illegal until the Sexual Offences Act 1967 which stated that men over 21 were allowed to perform homosexual acts.

Why do laws change over time?

Capital punishment - miscarriages of justice e.g. the Derek Bentley case or Timothy Evans who was falsely accused of murdering his wife and infant daughter.

Stronger promotions of human rights by the 1950’s

Decline in religious beliefs

Campaigning

Changes in views

What are two circumstances that can change whether an action is seen as criminal or not?

Diminished responsibility and age of criminal consent.

Define the term diminished responsibility.

When someone argues they should not be fully held responsible for a crime because of a mental impairment.

Give an example of diminished responsibility.

For example, Tony Martin shot two teenage burglars who were just leaving his house. He had a paranoia disorder so was convicted of manslaughter rather than murder.

What is the age of criminal responsibility in the UK?

10

How would a young person be tried differently to an adult when a crime was committed?

They would be sent to a youth court which is a special type go magistrates court for people aged between 10 and 17. They are less formal than adult courts, members of the public are not allowed inside and the offender is called by their first name. They must have an adult present with them.