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The Social Construction of Crime and Deviance, Lecture notes of Criminology

This module will examine the ways in which criminological and sociological theorising help us to challenge common sense in order to widen our understanding of a) ‘deviant’ identities and b) the operation of social control. Furthermore, this module will explore the ways in which crime and deviance are socially constructed through varying contexts and how differing ‘deviant’ identities and subcultures are socially controlled and represented.

Typology: Lecture notes

2020/2021

Available from 01/21/2023

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The Social Construction of Crime and Deviance Notes
Week 1 Notes:
The Social Construction of Crime and ‘Deviance’
The law and what counts as crime is not the same across time and in different
countries.
It is shaped as societies change and the balance of power between different
groups change
The three examples of change were usually introduced by social movements
such as Suffragettes, Bristol Bus Boycotts and LGBTQ+ movements
Power comes from below as well as above
Week 2 Notes:
What is Social Construction?
Origins of social construction
Social construction is a specific group of theories to analyse how members of
society and/or different social groups within that society, through interaction,
‘construct’ their social world.
Values are- The cultural standards that people use to decide what is good or bad,
what is right or wrong. They serve as ideals and guidelines that individuals live by.
Beliefs are- Specific ideas about what people think is true about the social world.
Different cultures have different values
Western countries like the US tend to value individualism and stress the
importance of individual needs, whereas countries like South Korea tend to
value collectivism and stress the importance of groups of individual.
Social control can be:
1. Formal: Codified into legislation and the purview of police, courts, prisons
2. Informal: Groups of families, peers and authority figures (teachers, doctors,
religious leaders), popular culture that all have varying levels of influence on
behaviour
Norms- The rules and expectations that guide behaviour within a society.
Norms can be constraining and a form of social control.
Social control is a regular feature of ‘socialisation’. How one grows and comes to
learn about the values and norms of society.
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The Social Construction of Crime and Deviance Notes

Week 1 Notes: The Social Construction of Crime and ‘Deviance’  The law and what counts as crime is not the same across time and in different countries.  It is shaped as societies change and the balance of power between different groups change  The three examples of change were usually introduced by social movements such as Suffragettes, Bristol Bus Boycotts and LGBTQ+ movements  Power comes from below as well as above Week 2 Notes: What is Social Construction? Origins of social construction  Social construction is a specific group of theories to analyse how members of society and/or different social groups within that society, through interaction, ‘construct’ their social world. Values are- The cultural standards that people use to decide what is good or bad, what is right or wrong. They serve as ideals and guidelines that individuals live by. Beliefs are- Specific ideas about what people think is true about the social world. Different cultures have different values  Western countries like the US tend to value individualism and stress the importance of individual needs, whereas countries like South Korea tend to value collectivism and stress the importance of groups of individual. Social control can be:

  1. Formal: Codified into legislation and the purview of police, courts, prisons
  2. Informal: Groups of families, peers and authority figures (teachers, doctors, religious leaders), popular culture that all have varying levels of influence on behaviour Norms- The rules and expectations that guide behaviour within a society. Norms can be constraining and a form of social control. Social control is a regular feature of ‘socialisation’. How one grows and comes to learn about the values and norms of society.

Social groups with power have primary (but not total) control over what gets defined as deviant and by extension, what or who gets criminalised. They may have more presence within law enforcement agencies, medical establishments, politics, educational institutions and other powerful agencies in society. Power Three dimensional concept of power (Lukes, 2005):  Overt power  Covert power  The power to shape beliefs and desires Overt power- Gaining obedience or compliance- Your will wins out over another.

  • Making sure someone or some group will obey you
  • Not necessary the use of physical force. Covert power- Controlling what gets spoken about and securing people’s compliance on that issue.
  • Excluding certain topics from the agenda
  • Excluding the voice and concerns of oppressed groups Compliance- people ‘buy into’ the power relationship.
  • Beliefs and desires conform to dominant norms and practices
  • They may not recognise other people’s oppression under it or their own Theories:  Some theorists (Dahl, 1961) state power is held by competing groups in society.  Other theorists (Foucault, 1977) speak on how power is apparent when there is resistance to it.  Weber (1946) types of ‘authority’ based on traditional, legal or charismatic bases.  Feminists theorists often speak of the power men hold through patriarchy. Criminalisation:
  • Positivist and Classical Criminology of the 19th^ century used to see deviance an objective characteristic of those deemed criminal and that scholars should look for explanatory causes.
  • This changed when social constructionists of deviance largely observed that deviance was in the “eye of the beholder” and as society changed what gets counted as deviance did as well.
  • Crime is a type of deviance. A deviant act can become criminalised through condemnation, political action and social change (Ritzer and Ryan, 2011)

 Disparity  Discrimination Hegemonic Masculinity and Emphasised Femininity: Hegemonic masculinity is the dominant representation of what it means to be a man in Western society. There are four main facets:

  • Dominance and authority
  • Heterosexuality
  • Physical toughness
  • Employment Emphasised femininity is the dominant representation of what it means to be a women in Western society. There are four main facets:
  • Submission and compliance
  • Heterosexuality
  • Physical weakness
  • Unemployment Gender and intersectionality: Ideas around gender can also be in relation to a number of things: Patriarchy:  A form of social organisation in which men dominate women  Controls the sexuality, fertility and labour of women  Promotes double standards of sexual morality Deviant genders:
  • Transgender= ‘The term ‘transgender’ denotes a range of gender experiences, subjectivities and presentations that fall across, between or beyond stable categories of ‘man’ and ‘woman’. Pathologisation of transgender people:

 Gender dysphoria is still currently categorised in the DSM-5 (American Psychiatric Association, 2013) which may influence the construction of trans people as experiencing a ‘mental illness’.  It can therefore be argued that gender dysphoria’s association with the DSM, which also categorises several ‘fetishes’ associated with sexual deviance, heavily influence the construction of trans people as mentally ill. Therefore, it can be argued that the construction of trans people as ‘mentally ill’ positions them as ‘less than’ the dominant, gender normative majority. 21st century- ‘New Breed’ discourse: Media representations of female violence are often framed within a ‘masculine’ discourse. As a society, we struggle to understand female criminality and therefore frame it within ‘masculine’ discourse. Adler (1975)

  • Violent females are freakish and behave like men (aggressive and violent) Shaw (1995)
  • Criminology struggles to investigate violent committed by women because the image of the violent women is based on that of male violence; macho, tough, aggressive.
  • We have no way of conceptualising female violence, apart from in terms of its ‘unnaturalness’. Jewkes (2005)
  • When women commit serious and violent crimes, they are often described in the media as;  Sexualised  Intense scrutiny of physical appearance  Bad wives and/or mothers  Lesbians  When co-offending with men, depicted as ‘evil manipulators’ or a ‘non- agent’ Chivalry thesis and Deviance: Pollack (1950)
  • Women benefit from a ‘gender contract’ which constructs women as in need of male protection
  • Women are able to easily conceal their offending (because they are naturally manipulative) Worrall (1990)
  • In effect until the 2010 Fair sentencing Act repealed it
  • Possession of crack carries sentence equivalent to that where an offender is carrying 100 times the volume in powder cocaine
  • Led to mandatory minimum sentences i.e., no matter what the circumstances you get either 5 or 10 years for possession For example:
  • 5 grams of crack or 500 grams of powder cocaine = 5 years
  • 50 grams of crack or 5000 grams of powder cocaine = 10 years
  • In In the USA the 1986 Anti-Drug abuse law played out with highly racialised outcomes
  • Statistics suggest a massive disparity between actual use of crack cocaine and conviction for African Americans
  • The health issue of addiction is criminalised with highly racialised outcomes Institutional Racism?
  • Stephen Lawrence murder – MacPherson enquiry 1999 Institutional racism consists of the collective failure of an organisation to provide an appropriate and professional service to people because of their colour , culture or ethnic origin. It can be seen or detected in processes , attitudes and behaviour which amount to discrimination through unwitting prejudice , ignorance , thoughtlessness and racist stereotyping which disadvantage minority ethnic people. (para. 6.34) What about religion and faith?
  • Securitisation strategies shifted from a focus on the ‘ethnic Irish’ in the 1970s- 1990s to the ‘Religious Muslim’ post 2005 (see Hickman et al 2011)
  • Irish threat was contextualised by national sovereignty, independence and republicanism in a cultural intersection of the political and religious
  • In practice a range if ‘risk’ factors were used to detain suspects Post 2005:
  • 11 th^ September 2001 – Attacks on the World Trade Centre in New York: claimed by Osama Bin Laden and later ‘Al-Qaeda’
  • 7 th^ July 2005 – Bombings on public transport in several sites in London
  • 2006 – Prevent is developed as part of the UK Government’s wider counter- terror strategy
  • Prevent is revised in 2015 to a ‘statutory duty’ meaning institutions have a responsibility to report individuals who demonstrate certain changes
  • Fundamental shift from ‘Irish’ to ‘Muslim’ in policy and counter-terror strategy Faith and Desistance?
  • In contrast to the anxiety around increased Islamic influence in the public space, there have been many examples where Islam has been a source of desistance
  • ‘Halal’ and ‘haram’ are significant in the process of desistance – former gang rivals had also converted to Islam in prison, and this transcended the previous gang rivalry dynamic Week 5 Notes: // Week 6 Notes: Construction of Sexuality Homosexuality in the UK  2 nd^ Century  Emperor Hadrian – Openly slept with younger males throughout his reign  12 th^ Century  The Roman Catholic Church announces it is a sin to engage in homosexual sex  16 th^ Century  King Henry VIII passes the ‘Buggery Act’ in 1533 making male-male sexual activity punishable by death. This act defined ‘buggery’ as an act against God and Man. Also confiscated any land or possessions, so the next of kin would inherit nothing.  1553 Mary Tudor ascends the English throne and repeals the act  1558 Elizabeth I reinstates this law  19 th^ Century  In 1828 The Buggery Act of 1533 was repealed and replaced by the Offences against the Person Act (1828). Buggery remained punishable by death.  1861 Death penalty for buggery is abolished. A total of 8,921 men had been prosecuted.  1866 Marriage is defined in Common Law as being between a man and a woman.
  • The Etoro people viewed heterosexuality as sinful and promoted homosexuality. History of Lesbianism & Global Homosexuality  Derives from Greek island of Lesbos, home to Sappho  Poetry focused on a love of women and girls  Early modern Europe  Lesbianism was believed to be caused by an enlarged clitoris (Tribade)  This became a class issue, in which Tribades were believed to be lower-class who wanted to corrupt virtuous women  In the United Kingdom, not explicit legislation around lesbianism  However, there were instances of policing of lesbianism, but often under the guise of charges such as insanity and immorality Socially and in the context of Hazing  ReBack et al. (2018) found through 31 semi-structured interviews with heterosexual men who reported infrequent sexual encounters with men that it was often due to  The easy, uncomplicated nature of a sexual encounter with a man that often circumvented the sexual politics of a typical male-female interactions  The sexual experimentation that took place with these partners  The default nature of such encounters when a woman was unavailable or perceived to be unattainable.  Heteroflexibility  Considered a modern identity  Hazing (US context)  Elephant Circles  Many initiation rituals have a homoerotic undertone to them  Lots of nudity and physical contact Erasure of Bisexual identities  Due to binary opposites, bisexuality is often erased (man/woman, gay/straight)  Bisexuality in men is generally not constructed in mainstream media discourse  Bisexuality in relation to women is most often constructed within heteronormative ideals of sexuality  Female bisexuality is constructed as a performance for the heterosexual male gaze  Often stereotypes around bisexuality influence the perception of the dominant majority

 Confused, greedy, not ready to fully ‘come out’ yet The HomoCriminal  Criminology has long had an interest in the lives of LGBT people  Deviancy or invisibility model looking for cures and answers  ‘Criminological knowledge has been used to regulate queer lives in unjust ways, and for many years, queer people were spoken about by criminologists, sexologists, and others seeking to ‘know’ about those considered sexually deviant.’ (Ball, 2014: 544)  LGBT people have a long history with the police and criminal justice system as both victims and offenders  Lombroso (1876)  Homosexuals as ‘insane criminals’  Lesbianism as a sexual ‘perversion’ but not as a criminal identity  Early criminologists in the 1950’s and 1960’s began to examine homosexuality (a concept that also included gender non-conformity) as a social, as opposed to an individual problem.  Mainstream Criminologies could still be characterised as heteronormative  Binaries reduced to Homo/Hetero and Male/Female The HomoCriminal- The Deviant  Howard Becker – ‘ Outsiders’ (1963)  Labelling theory and how no act is inherently deviant until a label is successfully applied.  However, he does note on the first page that this value-free theory of deviant behaviour does not mean we must accept and allow everything.  Mentally ill 4 times  General criminals 6 times  Drug users 8 times  Homosexuals over 30 times Week 7 Notes:

  • These knowledges, symbols and representations have contributed towards ‘a shared social discourse about terrorism …’ (Jackson et al , 2011, p. 51).
  • This impacts how we comprehend terrorism and informs threat assessment and response.
  • The Global War on Terror Terrorism and the Media
  • Primary vehicle through which we have come to know and fear terrorism (Chermak, 2003)
  • Symbiotic relationship
  • The “oxygen” of terrorism?
  • News values (Jewkes, 2015)
  • News frames to convey a particular version of the event – never neutral, always choices.
  • Repetition across 24/7 news cycle – accepted as ‘truth’.
  • Dominant narratives help to shape national and social identities – supporting and ‘othering’. Week 8 Notes: The Social Construction of Rape  Rape of women/Child was a violation of the property of the husband/father- 18 th/19th^ century  The social constructionist position alludes to the ‘constantly problematic, changing and contested nature of crime and social problems’ (Young, 1999, p.40)  Sexual Offences Act (2003) Rape as a form of social control “I have never been free of the fear of rape. From a very early age, I, like most women, have thought of rape as part of my natural environment- something to be feared and prayed against like fire or lightening. I never asked why men raped; I simply thought of it as part of the many mysteries of human nature” (Griffin, 1971, p.26) Moral panic, sexual violence and the media Moral panic occurs when something or someone appears to threaten current, ‘positions, statues, interests, ideologies and values (Cohen, 1972, p.191). Moral panic creates exaggerated perceptions of risk, harm or danger.

What is a rape myth?  ‘Prejudicial, stereotyped or false beliefs about rape, rape victims and rapists’ (Burt, 1980, p.271) Examples of rape myths:

  • Women are likely to be raped outside, after dark and by a stranger, so women shouldn’t go out alone at night.
  • People who were sexually abused as children are likely to become abusers themselves.
  • Men don’t get raped, and women don’t commit sexual offences Identified three ways in which offenders ‘minimise’ and thus distance themselves from their offence through the use of excuses.
  1. Alcohol and drugs
  2. Emotional difficulties
  3. Out of character (Scully and Marolla, 1984) Week 9 Notes: Deviant Bodies and Eugenics Social Darwinism  Stated that the laws of Darwinism could be applied to society  Major Proponent: Hebert Spencer 1820-  Hebert Spencer stated that capitalism was the perfect encapsulation of Darwinian struggle and was natural. Helping the poor was allowing the weak to continue to live which was unnatural-A biological basis to social and class inequality  Capitalists endorsed this as it legitimated their control An alternative to Social Darwinism  Piotr Kropotkin (1842-1921) Russian Anarchist and Zoologist  Stated that evolution did not just rely on violent bloody competition but observed animals cooperating and assisting each other-particularly primates  Formed the basis of the philosophy of mutual aid  Biological findings still influential today Eugenics Negative Eugenics- “Social problems could be eliminated by discouraging or preventing the reproduction of individuals deemed genetically unfit”.

Punishment in society is often disproportionate to the harms caused by most offenders (White, 2013b) No matter how violent or harmful an act it must be defined and socially constructed as a crime. The range of acts that appear as crime are huge. The people who commit them are not particular category apart. Zemiology and Mens Rea

  • The killer who intends to kill someone is punished but what of the mine executive who knows that cutting safety corners will harm and likely kill many and does not change their course of action? (Reimann, 1998 Cited in Hillyard and Tombs (2004)); White, 2011).
  • Can allow for allocation of corporate and collective responsibility (The Corporate Manslaughter and Corporate Homicide Act 2007)
  • Can also encourage a collective response and redress as opposed to individual responsibility via “risk” discourses around crime Ecocide- The destruction of whole environments that host human communities and biodiversity of animals and plants.
  • Can happen through the effects of climate change-droughts, unpredictable weather patterns, unprecedented flooding
  • But also, through extractive industries-Mining, industrial agriculture, dam- building-often results in dispossession of lands of vulnerable indigenous communities. Week 11 Notes: Debilitating Disorders or Manufacturing Madness? What is a personality disorder?
  • “Characteristic enduring behaviours and inner experiences which deviate markedly from cultural norms…” (ICD-11) How personality disorders manifest:  Cognition  Impulse Control  Affectivity  Relating  Can be seen as being ‘odd’ and unable to ‘fit in’

Mental illness vs Personality disorder MD

  • Episodic or acute
  • Consistent symptoms
  • Broad agreement on diagnostic criteria (for the most part)
  • Often treatable in most patients PD
  • Pervasive – a pattern of how someone is
  • Culturally dependent
  • Controversial diagnosis
  • Dispute over whether they can or should be treated Types of personality disorder:  Paranoid Personality Disorder  Schizoid Personality Disorder  Schizotypal Personality Disorder  Antisocial Personality Disorder  Borderline Personality Disorder  Histrionic Personality Disorder  Narcissistic Personality Disorder  Avoidant Personality Disorder  Dependent Personality Disorder  Obsessive-Compulsive Personality Disorder. Potential causes of PD’s
  • Excessive praise for good behaviour
  • Excessive criticism for bad behaviour during childhood
  • Being praised for exceptional looks or abilities by adults, as a child
  • Severe emotional abuse in childhood
  • Inconsistent or unreliable caregiving from parents
  • Etc… Diagnosing personality disorders Inflexible, dysfunctional, maladaptive behaviour across social situations (not just specific to one environment) Personal distress and/or impact on social environment (causing harm to self and others) Deviation is stable and over a long period: onset in adolescence