Teacher Resource 2

The socially constructed nature of crime

Hate crime / / Hate crime is a recently defined crime. The Crimeand DisorderAct1998 defined hate crime as usually violent prejudice motivated crime that occurs when a perpetrator targets a victim because of his or her perceived membership in a certain social group. This law was a response to the increase in discriminatory acts over the past few decades. Specifically, in relation to non-physical violence and the incitement of violence which were very difficult to police and punish with the existing laws in place. This law therefore reflects the issues and concerns of UK society at this particular point, for example, reflecting concerns about racism and religion.
Green crime / / Green crimes include any form of damage to the environment including living creatures and human beings. For example there is the Environmental Protection Act 1990. Previously, the environment being damaged was seen as acceptable or deviant but not illegal, but growing pressure has been placed on particular groups to ensure that no further damage is done. This is a hard crime to tackle as it is often very unclear who is responsible.

Answers for teachers

Version 11© OCR 2016

Crime and deviance

State crime / / Until recently governments were not necessarily accountable for their actions, given the position of power and authority that they found themselves in. Today however the European Union and the United Nations, amongst other international organisations regulate states to ensure that they take responsibility for their actions and act in a way which does not harm individuals or groups. For example, where governments have been involved with violence against particular groups, they are taken to court for war crimes, for example in the former Yugoslavia. In the past, such behaviour may have gone un-policed or unpunished.
Drink driving / / In 1965 drink driving was banned in England, in response to growing concerns about the dangers. It became illegal and deviant. This is a good example of changing attitudes and subsequently a change in laws.
Domestic violence / / In 1857, a judge reportedly states that a man may beat his wife so long as he uses 'a rod not thicker than his thumb'. Many people consider this to be common law throughout the 19th century. Since then laws have been introduced to make domestic violence both deviant and illegal. The changes do reflect changing attitudes, and in particular recently, the recognition of non-physical domestic abuse (coercive control).

How crime is socially constructed

Crime reflects the concerns of a particular social context, so what is considered a crime has changed over time and varies from place to place. Socially constructed ideas about what a crime is often reflect changing attitudes. For example, women’s increased rights are reflected in domestic violence laws which previously did not exist. So laws that do not exist are often as revealing as laws that do exist. The fact that crimes are different in different parts of the world also reflects different attitudes that are found towards what is considered deviant at a particular point.

Version 11© OCR 2016

Crime and deviance