Comparing Criminal Behavior and Deviance: Exploring Crime's Social Construction

How Laws Change Over Time and Place

Ever wonder why cannabis laws vary so dramatically between countries, or why the death penalty was abolished in the UK? Laws are constantly shifting based on what society believes is right or wrong at any given moment.

Decriminalisation has transformed many behaviours - homosexuality was once illegal but became accepted, whilst new laws like the Psychoactive Substances Act 2016 criminalised previously legal drugs. Even within the UK, different regions can apply laws differently, with 43 separate police areas in England and Wales each having slightly different approaches.

Two landmark cases show how public opinion can drive legal change. Derek Bentley's execution for attempted murder of a policeman sparked massive protests - despite his mental health issues, 200 MPs and media campaigns couldn't save him initially. Ruth Ellis, the last woman executed in Britain, shot her abusive boyfriend and received overwhelming public support from women's groups, with 600 letters sent to the Home Office.

Key Point: Both cases contributed to abolishing the death penalty, proving that public campaigns can reshape our entire legal system.

The social construction of crime means different cultures define deviance differently. Howard Becker's labelling theory argues that societies create rules about deviance and apply them unequally - it's not the act itself that's criminal, but society's reaction to it.

Understanding Crime vs Deviance

You'll need to nail the distinction between criminality and deviance for your exams - they're related but definitely not the same thing. Crime breaks actual laws and gets you punished through courts, whilst deviance simply violates social norms and expectations.

Criminal behaviour requires two elements: actus reus (the physical act) and mens rea (criminal intent). This separates genuine crimes from accidents. The Criminal Justice System handles these through formal sanctions - custody, fines, community sentences, or discharges after court proceedings.

Deviant behaviour covers a much broader range - from queue jumping to facial tattoos. Émile Durkheim explained that deviance actually helps society by reinforcing our "collective consciousness" of right and wrong. Most deviant acts aren't criminal (like shouting in a library), though some criminal acts aren't seen as particularly deviant by everyone.

Remember: Not all deviant behaviour is criminal, and not all criminal behaviour is considered deviant by society.

Informal sanctions handle most deviance through social disapproval, embarrassment, or exclusion - no courts needed. However, when deviant behaviour becomes widely condemned enough, society often creates laws against it, turning deviance into crime through formal sanctions.

The criminalisation process shows how fluid these boundaries are - what's deviant today might be criminal tomorrow, and what's criminal now might become accepted later.