The Social Construction of Crime, Part I

1
The Social Construction of Crime, Part I

• Questions What is crime? How is it defined, and
  who defines it? Why and how do these definitions
  matter?

2
Legal Definition of Crime

• Crime is an intentional act or omission in
  violation of criminal law, committed without
  defense or justification.
• Implications?
• 1. Without criminal law, there is no criminal
  act.
• 2. There is no such thing as an inherently
  criminal act.

3
Sociological Question Why are some potentially
harmful acts prohibited by criminal law, while
others are not?

• Criminal law often reflects shared social norms
  and values (murder, robbery, etc.).
• Norms guidelines for action rules that dictate
  how people should behave in a particular
  situation.
• Values more abstract ideas regarding what is
  important and valuable.

4
Returning to the Legal Definition of Crime

• Definition in the U.S.
• Crime is an intentional act or omission in
  violation of criminal law, committed without
  defense or justification.

5
Who Has Intent?

• Only individuals can have intent.
• Implications?
• Most corporate crime is not regulated by criminal
  law. Rather, corporate behavior is largely
  regulated through regulatory law.
• If regulations are violated, a company may have
  to pay fines or may be sued, but is not generally
  criminally liable.

6
Intent ContinuedEvidentiary Standards of Intent

• Supreme Court has ruled that statistical evidence
  of racial disparities in the criminal justice
  system are not enough. Intent to discriminate in
  particular cases must be demonstrated.
• Death penalty
• Drug law enforcement and prosecutions
• Consequences of this standard?

7
Returning to the Legal Definition of Crime

• Definition in the U.S.
• Crime is an intentional act or omission in
  violation of criminal law, committed without
  defense or justification.

8
Returning to the Legal Definition of Crime

• Definition in the U.S.
• Crime is an intentional act or omission in
  violation of criminal law, committed without
  defense or justification.

9
Justification

• Question What counts as justification?
• Examples of how cultural norms affect what is
  considered justifiable?
• Point what we consider to be justifiable is
  determined by cultural norms and power relations.

10
Summary So Far

• No act is inherently criminal crime is defined
  by criminal law.
• Criminal law and definitions of crime are shaped
  by cultural norms/values and power relations.
• Where there is controversy, the definitions of
  the powerful tend to prevail, though this is not
  always the case.
• We can see also the operation of cultural norms
  and power relations in the criminal laws
  emphasis on intent and the interpretation of
  justification.

11
Why is criminal law an important object of
social struggle and conflict?

• 1. Public safety issues may (or may not) be
  involved (immigration violations after 9/11).
• 2. It expresses particular norms and values
  (abortion).
• 3. It generates important constraints and
  opportunities (drug laws prostitution).
• 4. It affects power relations, as well as the
  distribution of resources.

12
Summing Up

• In modern societies, crime is created and defined
  by criminal law.
• Criminal law is shaped by both cultural norms and
  politics (the distribution of power).
• Criminal law has a number of important
  consequences beyond regulating behavior and
  public safety issues. It is therefore often hotly
  contested and controversial.

13
Next Time

• Well look at how definitions of crime change
  over time and vary cross-culturally.