Criminology · Year 12 · Criminological Theories · 2.º Período

The Social Construction of Crime

Exploring the distinction between crime and deviance, and how definitions of criminality change across different cultures and historical periods. Students will debate the fluid nature of the law.

TL;DR:The Social Construction of Crime explores the idea that 'crime' is not a fixed, universal concept but is defined by society. Students examine how definitions of criminality and deviance vary across different cultures, such as laws regarding alcohol or dress codes, and how they change over time, like the decriminalisation of homosexuality in the UK. This topic is central to WJEC AC1.1 and AC1.2, as it requires students to distinguish between acts that are 'wrong in themselves' (mala in se) and those that are 'wrong because they are prohibited' (mala prohibita).

• National Curriculum Attainment Targets
• WJEC AC1.1: Compare criminal behaviour and deviance
• WJEC AC1.2: Explain the social construction of criminality

About This Topic

The Social Construction of Crime explores the idea that 'crime' is not a fixed, universal concept but is defined by society. Students examine how definitions of criminality and deviance vary across different cultures, such as laws regarding alcohol or dress codes, and how they change over time, like the decriminalisation of homosexuality in the UK. This topic is central to WJEC AC1.1 and AC1.2, as it requires students to distinguish between acts that are 'wrong in themselves' (mala in se) and those that are 'wrong because they are prohibited' (mala prohibita).

For Year 12 students, this topic provides a critical lens through which to view the law. It encourages them to question why certain behaviours are punished in one context but celebrated or ignored in another. This understanding is vital for the study of criminological theories later in the unit. Students grasp this concept faster through structured discussion and peer explanation, where they can compare cultural norms and historical shifts in legal standards.

Key Questions

1. What is the difference between crime and deviance?
2. How do laws change across different cultures and time periods?
3. Why is criminality considered a social construct?

Watch Out for These Misconceptions

Common Misconception

If something is illegal, it must be deviant (and vice versa).

What to Teach Instead

Some acts are illegal but not considered deviant by many (like minor speeding), while others are deviant but not illegal (like queue-jumping). Using a Venn diagram activity helps students visually separate these two concepts.

Common Misconception

Laws only change because society becomes 'more enlightened.'

What to Teach Instead

Laws often change due to political pressure, economic needs, or the influence of powerful groups, not just moral progress. Reviewing the history of vagrancy laws or tax laws in a station rotation helps students see these practical influences.

Active Learning Ideas

Think-Pair-Share

Crime vs. Deviance

Provide a list of behaviours (e.g., tattoos, swearing, speeding). Individually, students label them as 'criminal,' 'deviant,' or 'both.' They then compare with a partner to see where their definitions differ and why.

15 min·Pairs

Stations Rotation

Global Law Tour

Set up stations with laws from different countries (e.g., drug laws in Portugal vs. Singapore). Groups must identify why these laws differ based on the culture, religion, or history of that nation.

40 min·Small Groups

Formal Debate

Is Crime Ever Universal?

Divide the class into two sides. One side argues that some crimes (like murder) are universally wrong across all cultures and times, while the other argues that even murder is socially constructed (e.g., in war or capital punishment).

35 min·Whole Class

Frequently Asked Questions

What does 'social construction' mean in criminology?

It means that crime is a label created by society rather than an inherent quality of an act. What we call 'crime' depends on who is doing the act, where it happens, and when it occurs. This concept is fundamental to understanding how laws reflect the values and power structures of a particular society.

How can an act be deviant but not criminal?

Deviance refers to breaking social norms or expectations, while crime refers to breaking the law. For example, wearing a swimsuit to a funeral is highly deviant but not a criminal offence. Understanding this distinction helps students analyse how society controls behaviour through both formal and informal sanctions.

Why do laws change over time?

Laws change as social values shift, as seen in the decriminalisation of suicide or homosexuality in the UK. They also change due to new technologies (cybercrime) or changes in public safety concerns. Tracking these changes allows students to see the law as a living, evolving document.

How can active learning help students understand the social construction of crime?

Active learning strategies like the 'Global Law Tour' allow students to see the fluidity of the law in real-time. By comparing different legal systems, they move away from the idea that laws are 'natural' or 'obvious.' Discussing these differences with peers helps them articulate the complex relationship between culture, power, and the legal system.