Module 4 examines the social construction of crime as a theoretical perspective. Most specifically, the view suggests that what is considered criminal and how society responds to criminal behavior 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.

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.

Key Terms/Concepts

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

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.
• You can choose to listen to the article by clicking on the listen icon   located within the navigation bar associated with the article.

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

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]

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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 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.

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]