Social Construction of Crime

Module 4 explores the concept of social construction, particularly focusing on its relevance in the context of crime, deviance, and societal reactions. It delves into how social meanings are formed, maintained, and challenged through interactions, power dynamics, and theoretical frameworks. The module provides opportunities to consider what is deemed criminal and how society responds to criminal behavior that are not fixed or objective realities but are shaped by social, cultural, and historical factors. This perspective challenges the notion that crime is an inherent and absolute concept and highlights how various social forces contribute to defining, interpreting, and responding to deviant behavior. Moreover, crime and deviance are the inevitable result of central contradictions within societies very power infrastructure. The chapter reviews key aspects of the social construction of crime that include how we define crime, the implication of social norms and values, the impact of power and control, the influence of media and public perception, the social and economic context of crime and deviance, the artifact of labeling, and definitions of deviance from the position of social control.


Learning Objectives

After completing this module, you should be able to:

  • define the concept of social construction.
  • describe the significance of classifying behavior as crime by individuals with power and authority.
  • identify examples of moral panic.
  • explain how symbolic interactionism helps us understand the origins of social meaning as it is created through interaction.
  • identify the origins of labeling theory and its relevance within criminology.
  • describe the historical and theoretical roots of social constructionist theory.
  • illustrate the difference between social norms and value.
  • describe how constitutive theory can lead to the process of replacement discourse.
  • explain the fundamentals of nominalist philosophy.
  • interpret reification within the context of social theory.

Summary

The social construction of crime refers to the idea that crime is not an inherent or objective concept but rather a product of social processes and interactions. It suggests that society, through its institutions, norms, values, and laws, constructs the definition of what is considered criminal behavior and determines how it should be dealt with.

According to the social constructionist perspective, crime is not a fixed or universal category but varies across time, cultures, and societies. What is considered a crime in one society or historical period may not be considered as such in another. The definition and understanding of crime are shaped by social, cultural, and political factors, and they can change over time.

Social constructionists argue that crime is a product of social interactions, power dynamics, and social norms. They emphasize that crime is not solely a result of individual deviance or pathology but is influenced by broader social factors. Factors such as social inequality, economic conditions, political systems, cultural beliefs, and the actions of social institutions, including the criminal justice system, all contribute to the construction and interpretation of crime.

For example, the social constructionist perspective suggests that acts labeled as crimes are often determined by those in positions of power within society. The laws and regulations created by lawmakers and enforced by the criminal justice system reflect the interests and values of the dominant groups. This perspective also recognizes that certain groups or behaviors are disproportionately labeled as criminal due to social biases, prejudices, and systemic inequalities.

The definition of crime varies across societies and over time. Acts considered criminal in one culture or era may be acceptable or even celebrated in another. This highlights that criminality is not a universal or biologically determined concept but is influenced by social norms, values, and power structures.

Social norms play a significant role in defining what behaviors are acceptable and which ones are not. Norms are often shaped by cultural, religious, and historical influences. Acts that violate these norms are more likely to be labeled as criminal, even if the harm caused by the behavior is relatively minor.

The social construction of crime is also influenced by power dynamics within a society. Those in positions of authority and influence can shape the legal system and define what actions will be considered criminal. This can lead to the criminalization of certain behaviors that challenge the status quo or threaten the interests of the powerful.

Media portrayal of crime and deviant behavior plays a crucial role in shaping public perceptions of crime. Media outlets often focus on sensational or rare crimes, leading to the perception that certain types of crime are more prevalent or dangerous than they are. This influences public opinion and can lead to demands for stricter laws and harsher punishments.

Crime rates are often influenced by social and economic factors such as poverty, inequality, and unemployment. Socially disadvantaged groups may be more likely to engage in criminal behavior due to limited opportunities and structural barriers. The response to crime is also influenced by these factors, as law enforcement and criminal justice systems may disproportionately target and penalize certain communities.

Labeling theory is closely related to the social construction of crime. It suggests that the act of labeling an individual as a criminal can lead to a self-fulfilling prophecy, where the person internalizes the criminal identity and engages in further criminal behavior because of societal reactions.

The social construction of crime is intertwined with the broader concept of deviance. Deviance refers to any behavior that deviates from social norms, and what is considered deviant varies across cultures and societies. Social control mechanisms, such as laws and law enforcement, are used to maintain order and conformity to dominant norms, and they play a significant role in shaping the construction of crime.

Overall, the social construction of crime highlights that crime is not an objective reality, but a socially constructed concept shaped by various social, cultural, and political factors. It encourages a critical examination of the processes through which certain behaviors are labeled as criminal and the implications of these constructions for individuals and society.

Test Your Knowledge

Print a copy of the following worksheet and bring it to class! As an alternative, complete the worksheet while you read through the summary located above.

Module 4-Social Construction of Crime_Summary

Key Takeaways

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Key Terms/Concepts

Click on the following key term/concept to view the definition:

Constitutive Theory
Contextual Constructionism:
Crime
Deviance
Edwin Lemert (1967)
Howard Becker (1963)
Labeling Theory
Mala In Se
Moral Crusader
Moral Panic
Nominalist Philosophy
Postmodernist Constructionism
Radical Constructionism
Reification
Replacement Theory
Social Construction
Social Constructionism
Symbolic Interactionism

Modern Application

AI and Criminal Justice

Artificial Intelligence (AI) as the potential to significantly influence the social construction of crime. For example, AI can be used in predictive policing, where algorithms analyze past crime data to predict where and when crimes are more likely to occur. This could potentially lead to a change in how society perceives crime-prone areas and individuals.

Another possible implication is the creation of AI-generated fake content, which can have broad societal impacts. This could lead to new forms of crime, such as deepfake-related fraud or misinformation campaigns, altering our understanding of what constitutes criminal behavior.

Because Ai systems rely on algorithms trained on data, there is the potential for biased decision-making. In mathematics or software development, this affect is called garbage in, garbage out, or GIGO. Meaning, that in any system, the quality of output is determined by the quality of the input. If the data is biased, the resulting system can perpetuate that bias, affecting the social construction of crime by potentially reinforcing stereotypes and existing social inequalities.

AI can be used in various aspects of law enforcement, such as eDiscovery, forensic crime solving, facial recognition, and risk assessment in criminal cases for pretrial release and sentencing. This will likely change how crimes are detected and prosecuted, influencing societal perceptions of crime and justice.

As AI technology expands in capability and deployment, so do the risks of criminal exploitation. For example, this could lead to the emergence of novel forms of crime, requiring society to redefine its understanding of criminal behavior. It’s important to note that while AI has the potential to greatly aid in crime prevention and detection, it also raises significant ethical and legal issues that society must address to ensure its fair and responsible use.

Here are some related resources:

Key Terms/Concepts

Deepfake – AI-generated synthetic media that can replicate a person’s likeness and voice, potentially leading to crimes like fraud and misinformation.

eDiscovery – The application of AI in law enforcement for identifying and producing electronic information as part of legal cases.

Facial Recognition – AI technology used to identify individuals based on facial features, aiding in crime detection and risk assessment but raising ethical concerns.

Garbage In, Garbage Out (GIGO) – A principle stating that flawed or biased input data leads to unreliable or biased outputs, impacting decision-making.

Predictive Policing – The use of AI algorithms to analyze past crime data to forecast where and when crimes are likely to occur, influencing societal perceptions of certain areas or individuals.

Read, Review, Watch and Listen

1. Read Chapter 34: Social Construction of Crime by Stuart Henry, San Diego State University (Henry, 2009)

  • Print a copy or have access to this reading via a digital device for in class review and discussion.
  • To support the student’s reading of the article, they can listen to a recorded version of the same. Note that listening to the article is not a substitute for a careful and directed reading of the document.

This chapter:

  • explains that crime is a socially constructed concept, shaped by those with the power to define certain behaviors as criminal, often reflecting the values and interests of dominant groups within society.
  • discusses the concept of moral panics, where media and moral entrepreneurs amplify societal fears about specific behaviors, leading to heightened concern and sometimes disproportionate responses to perceived threats.
  • highlights the role of labeling theory, suggesting that the process of labeling certain actions as criminal can influence individuals’ identities, potentially leading to further criminal behavior as individuals internalize the labels.
  • emphasizes the variability of crime definitions across different societies and historical periods, arguing that what is considered criminal behavior is not universal but influenced by cultural and social context.
  • critiques the influence of powerful interests in defining crime, suggesting that laws often criminalize the actions of less powerful groups while overlooking or downplaying offenses committed by those with greater socioeconomic influence.

2. Review Grinnell College’s Subcultures and Sociological focus on Moral Panic

a. Moral panics are disproportionate reactions by society to perceived threats, popularized by Stanley Cohen’s 1972 work on Mods and Rockers.
b. The media amplifies moral panics, portraying events in exaggerated and stereotypical ways.
c. Groups capitalize on moral panics to promote their agendas, positioning themselves as experts or moral authorities.
d. This is when media uses repeated, recognizable images to scapegoat subcultures.
e. Historic and modern moral panics include issues like comic books, video games, and music subcultures.

3. Review Moms, not cops, are the biggest roadblock to California’s new drug reform law (Lester Black, Alec Regimbal, SFGATE, July 17, 2003)

a. Moral panics can arise in response to various issues, such as youth subcultures, crime waves, immigration, or emerging technologies. They can have significant social and political implications, as they may influence public policy, shape public opinion, and impact the lives of the groups or individuals targeted by the panic. Over time, moral panics may subside as the initial fears and anxieties are disproven or mitigated, or they may evolve into new forms as society undergoes changes.

4. Review Moral Panic and Folk Devils (Simply Psychology, August 2023) [last accessed September 2023]

Stanley Cohen’s “Folk Devils and Moral Panics” is a seminal sociological work published in 1972 that explores the concept of moral panics and how they contribute to the social construction of deviance. This book provides valuable insights into how society reacts to perceived threats and how the media and authorities play a significant role in amplifying and perpetuating these panics.

Cohen introduces the term “folk devils” to describe the individuals or groups who become the focal point of societal anxiety and moral outrage during a moral panic. Folk devils are often portrayed as threats to the values and norms of society. They are typically labeled as deviant and blamed for various social problems.

According to Cohen, moral panics can intensify and perpetuate themselves through an “amplification spiral.” This occurs when the media, law enforcement, and other social institutions feed into the panic by sensationalizing the issue and exaggerating the threat posed by folk devils. As a result, public concern escalates, leading to increased social control measures and stigmatization of the targeted group.

Like other scholars within the discipline, Cohen emphasizes the media’s role in shaping and amplifying moral panics. He argues that the media often frames issues in ways that maximize their shock value and appeal to public emotions. This sensationalism can contribute to the rapid spread of moral panics.

Cohen also discusses the concept of “deviancy amplification.” This refers to the process by which societal reactions to deviant behavior worsen the behavior or create more deviance. When folk devils are singled out and persecuted, they may react by further embracing their deviant identity or engaging in more extreme behaviors. Moral panics can lead to increased social control measures, including the implementation of stricter laws and policies. This can have significant consequences for the individuals or groups labeled as folk devils, as they may face legal persecution, discrimination, and social exclusion.

Cohen’s work highlights the cyclical nature of moral panics and their role in reflecting and influencing societal norms and values. Moral panics often reveal underlying anxieties and tensions within a society and can contribute to social change, whether through the creation of new laws, shifts in public opinion, or changes in cultural norms.

Cohen’s work provides a valuable framework for understanding how societies react to perceived threats and how these reactions can lead to the construction of deviance and the amplification of social issues. It emphasizes the role of the media, the criminal justice system, and public discourse in shaping and perpetuating moral panics, and it continues to be a foundational text in the field of sociology and criminology.

5. Review Revise Sociology’s overview of The social construction of crime (last accessed November 2023]

a. The social construction of crime is a useful perspective for sociologists and criminologists to understand how crime is defined and dealt with in different societies and situations. It also challenges the assumption that crime is a fixed and objective reality that can be measured and controlled by the law and the criminal justice system. Instead, it shows that crime is a dynamic and contested phenomenon that reflects the values, interests, and power relations of different groups and actors in society.

6. Watch Mod, Rockers, and Mora Panics (Luxury Milk, October 2009) [last accessed September 2023] – also embedded below.

a. Moral Panic is a term used to describe a social phenomenon characterized by an exaggerated, widespread, and often irrational fear or concern over a perceived threat to societal values, norms, and moral order. It typically involves the amplification and sensationalization of a specific issue or group, often fueled by all forms of media, public opinion, and authorities.

7. Watch Save The Boy? 4 Moral Thinkers Have Different Opinions (Sprouts, 2023) – also embedded below.

a. Moral development theory holds that individuals become criminal when they have not successfully completed their intellectual development from child- to adulthood. An early theory was proposed by Jean Piaget, who posited four developmental stages.  Lawrence Kohlberg offered an expanded theory of morality with a six-stage typology.  In Kohlberg’s first stage, people only obey the law because they are afraid of being punished if they don’t. By the sixth stage, obedience to the law becomes an obligation that is willingly assumed, and people chose not to violate the law because they value the principle of fairness and believe in interpersonal justice. Those who have evolved to higher stages of moral reasoning are unlikely to commit crimes because they appreciate not only their own needs, but the needs and interests of others as well.

8. Listen to Is pornography really warping our brains, or is it a moral panic? (Joshua B. Grubbs, Opinion Contributor, 01/25/24) [last accessed September 2024]

9. Listen to A 6-year-old shooter raises tough questions for the criminal justice system (NPR, January 11, 2023)

a. Whether and to what extent the criminal law should reflect and enforce the morality of the society it represents is a classic debate in criminal law literature.

b. While most people agree that actions that harm others should be controlled, not everyone sees consensual sex work as harmful.

Types of Crime

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Read, Review, Watch and Listen to all listed materials by the due date listed within the course LMS (i.e., Blackboard) site.

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Activity – Social Constructionism: What We Think We Know About Hackers

STOP!!!!

Students should review the course syllabus to determine the assignment of this activity.

This is a copy of the module’s activity that students find within Blackboard. For that reason, refer to the Activities page to submit your work for review.

Purpose

The purpose of this activity is to strengthen the student’s understanding of social constructionism and its influence on definitions, interpretations, and classification of cybercrime; most specifically, hackers.

Instructions

  1. Read BBC’s How online photos and videos alter the way you think (Amanda Ruggeri, November 4, 2024).
  2. Review Top Hacker Profile Types You Should Know 
  3. Review What Is a Hacker? (US News, Jan. 25, 2022)
  4. Watch TEDxHHL, Profiling Hackers – The Psychology of Cybercrime (Mark T. Hoffmann, June 28, 2021) [also embedded below]
  5. Use the Image search feature within Google and search for the word “Hacker”. Scroll through the page and document three 3 to 5 demographic features, e.g., male, young, etc.
  6. Use Bing AI Image Creator and generate an image using the demographic information that you documented within step 5.
    • Start the prompt with, “Realistic image of a hacker”, then ENTER YOUR 3 to 5 demographic features.
      • An AI Image Creator account is easily created using a personal Gmail account.
    • Already have a favorite AI image generator account? You are welcome to use an alternative, as long as images are submitted with your work.
  7. Save the AI generated image and submit that with your answers to the assignment’s questions.
    • Students enrolled in the in-person version of this course, should be prepared to share and discuss their AI generated image.

Answer the following questions:

  • From a social constructivist perspective, explain how the media has generated moral panic and in turn influences societies’ reaction or labeling of hackers.
  • Describe different forms of hacking and identify one or more with a potentially positive social impact.
  • Identify a core feature or element of social constructionism that has influenced what we know about hackers (see Social Construction of Crime, S. Henry, pp. 299-300).
  • Succinctly state whether your AI generated image matches your personally established version of a hacker. Meaning, does the depiction look anything like what you expected?

Key Terms/Concepts

Crime – Refers to any behavior or action that is considered illegal, prohibited, or punishable by law. It involves the violation of societal norms, rules, and regulations established by the government or governing authorities. Criminal acts are generally harmful or detrimental to individuals, communities, or society as a whole and are subject to various legal consequences, such as fines, probation, imprisonment, or other forms of punishment.

Labeling Theory – Also known as Social Reaction Theory or the Interactionist Perspective, is a criminological and sociological theory that focuses on how social labels and societal reactions can influence an individual’s self-identity and behavior. The theory suggests that when individuals are labeled as deviant or criminal by society, it can lead to a self-fulfilling prophecy, where they internalize and embrace the label, resulting in increased deviant or criminal behavior.

Moral Panic – A term used to describe a social phenomenon characterized by an exaggerated, widespread, and often irrational fear or concern over a perceived threat to societal values, norms, and moral order. It typically involves the amplification and sensationalization of a specific issue or group, often fueled by all forms of media, public opinion, and authorities.

Social Constructivism – A theoretical perspective that argues that what counts as reality is the outcome of social processes through which humans interactively create and negotiate meaning about the world.

Discussion Questions

  1. What are some examples of moral panics and claims-making about crime and deviance in your society?

  2. What are the advantages and disadvantages of using a social constructionist approach to study crime and deviance?
  3. What are the different types of social constructionism, such as radical, contextual, and postmodernist? How do they differ in their assumptions about reality, knowledge, and power?
  4. How do moral entrepreneurs, media, and other agents of social control construct crime and deviance through claims-making, moral panics, and labeling?
  5. How can social constructionism be used to challenge and transform existing definitions and responses to crime and deviance?
  6. What are some alternative ways of defining and addressing social problems and harms?

Supplemental Resources

  • Example of replacement theory in action – Fringe conspiracy theory has now become mainstream [last accessed, November 2023]
  • Bill O’Reilly: Do Violent Video Games Make You Violent?
    • Violence and Video Games
      • Ever since the inception of video games in the 1970s, people have questioned what effects these games have on those that play them. The first major concern about the violence in video games came with the release of the 1976 game “Death Race” (Kent 2001). In “Death Race,” the objective is for players to run over as many “gremlins” with their car as possible, but the general public believed the game involved killing innocent pedestrians and promoted such behavior in real life, causing an outcry against the game (Ferguson et al. 2008). Similar concerns are still very apparent today. In particular, many concerned parents and lawmakers accuse the video game franchise “Grand Theft Auto” where players steal cars, rob banks, and flee the police of promoting this type of behavior in those that play the game, especially adolescents, because players start to lose sight of what is fake and what is reality.
    • Are Video Games Really Causing Violence?
      • If the media seem to claim that violent video games cause real-life violent acts, where does empirical research stand on this issue? Some studies such as Anderson and Dill’s (2000) research on the relationship between aggressive behavior and video games claims that exposure to such games had a negative impact on academic achievement and increased the frequency of aggressive thoughts and behavior. However, as Ferguson (2008) argues, such increases in aggressive behavior are so minor that they do not equate to an individual committing an actual crime. In addition, Ferguson (2008) suggests that because nearly all young males are exposed to violent video games, studying the video game-aggression link is a waste of time and resources and more time should be spent investigating the other factors that have a role in mass violence. In addition, although the popularity of violent video games is increasing, overall rates of violent crime are decreasing.
  • LGBTQ History Month: The early days of America’s AIDS crisis (NBC News, Oct. 2018) [last accessed, Feb. 2024]
  • AIDS: homophobic and moralistic images of 1980s still haunt our view of HIV – that must change (The Conversation, Nov. 2018) [last accessed, Feb. 2024]
  • Crack Babies: A Tale From the Drug Wars (New York Times, May 2013) [last accessed, Feb. 2024]

References

  1. Grinnell College. Subcultures and Sociological focus on Moral Panic. https://haenfler.sites.grinnell.edu/subcultural-theory-and-theorists/moral-panics/. Accessed 12 Feb. 2024.
  2. Henry, Stuart. “Social Construction of Crime.” 21st Century Criminology: A Reference Handbook, edited by J. Mitchell Miller, vol. 1, SAGE Reference, 2009, pp. 296-304. 21st Century Reference Series. Gale eBooks, link.gale.com/apps/doc/CX3201600045/GVRL?u=cod_lrc&sid=bookmark-GVRL&xid=66815128. Accessed 7 Feb. 2024.
  3. Luxury Milk. Mods, Rockers and Moral Panics (Oct. 2009). https://youtu.be/r61ks18Bd7I?si=M-UkzxU34PzFAMHV. Accessed 12 Feb. 2024.
  4. NPR Morning Edition. A 6-year-old shooter raises tough questions for the criminal justice system (Rene Sandler, January 11, 2023). https://www.npr.org/2023/01/11/1148333201/a-6-year-old-shooter-raises-tough-questions-for-the-criminal-justice-system. Accessed 12 Feb. 2024.
  5. Revise Sociology. The social construction of crime (Nov. 2019). https://revisesociology.com/2019/11/22/the-social-construction-of-crime/. Accessed 12 Feb. 2024.
  6. SFGATE. Moms, not cops, are the biggest roadblock to California’s new drug reform law (Lester Black, Alec Regimbal, SFGATE, July 17, 2003). https://www.sfgate.com/politics/article/moms-not-cops-biggest-roadblock-calif-drug-reform-18200005.php. Accessed 12 Feb. 2024.
  7. Simply Psychology. Moral Panic and Folk Devils (Simply Psychology, August 2023). https://www.simplypsychology.org/folk-devils-and-moral-panics-cohen-1972.html. Accessed 12 Feb. 2024.
  8. Sprouts. Would You Save A Boy From Drowning? (July 2023). https://youtu.be/d8Y6A6Dg2Fk?si=72Vtcxt03KSg8cWw. Accessed 12 Feb. 2024.
  9. The Hill. Is pornography really warping our brains, or is it a moral panic? (Joshua B. Grubbs, Opinion Contributor, January 2024. Accessed September 2024.

 

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Criminology: Foundations and Modern Applications Copyright © 2023 by Eric Ramirez-Thompson, PhD is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.

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