Social Constructionism

WHAT DOES IT MEAN TO SAY THAT CRIME IS SOCIALLY CONSTRUCTED? WHAT ARE THE CONSEQUENCES OF SUCH AN APPROACH FOR CRIMINAL JUSTICE POLICY?
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What Does It Mean To Say That Crime Is Socially Constructed? What Are The Consequences Of Such An Approach For Criminal Justice Policy?
Sociologists define deviance as any violation of social expectations. They firmly believe that it is an integral part of all societies and is very healthy. It is a recognized violation of cultural norms. Social norms may differ from culture to culture, and that absence of conformity to these rules is what is referred to as deviance (Downes and Paul, 2011). On the other hand, crime can be substantial in stirring up social change more especially when the social norms are unsuited to the living conditions. When a social system fails to adapt to change, crime rates are more likely to rise. Deviance is assumed to be a warning which indicates that an aspect of the society is not working well or rather a harmless expression of dissatisfaction. This means that excessive deviance is mainly caused by too many suffering conditions (Downes and Paul, 2011). All organizations are confronted with criminality, which is considered standard provided that it does not exceed a certain level.
This question touches on a fundamental aspect of understanding crime and deviance: the nature of crime. Social constructionism is one of the dominant perspectives in sociology through which people understand crime (Burr, 2015). From this school of thought, crime is socially constructed (Burr, 2015). This implies that crime cannot be understood objectively, but rather through subjective definitions that vary from one community to the other or from one generation to the other within the same community (Downes and Paul, 2011). Therefore, behaviours of acts become criminalized only through social processes such as social interactions in which people develop new meanings of concepts and behaviours. Therefore, the legal status of behaviour has nothing to do with the behaviour itself but instead emanates from the social responses to the specific behaviour or the people involved in the behaviour (Burr, 2015). Changes in the legal status of behaviour are usually instigated by various social movements such as civil society. Most of these changes involve conflict between several groups with different vested interests.
As a major school of thought in sociology, social constructivism stipulates that the meaning of behaviour, events, or acts is not an objective quality of these phenomena but is assigned to them by individuals through social interaction. This implies that crimes must only be understood within their specific contexts instead of having a single definition that cuts across different social groups (Downes and Paul, 2011). For example, an act or behaviour may be considered illegal or criminal in one community but may be viewed as an honourable act in another community. Similarly, an act or behaviour may be morally and legally acceptable in society at one time but be perceived as a crime at another time within the same community (Burr, 2015). Therefore, the meaning of crime is socially defined and is subject to change from time to time. The understanding of crime evolves through a process of social change.
The Evolution of Alcohol Consumption and Advertising as a Crime
One of the best illustrations of the social construction of crime is in the evolution of alcohol consumption and advertising in the US. Alcohol advertising is as old as the production and consumption of alcoholic beverages. This dates back to the colonial days when the first European immigrants to the US manufactured alcohol from fruits in the 16th and 17th centuries. In the new republic, alcohol became a viable commercial product as the nation began to industrialize (Loseke and Joel, 2003). The Single Brothers Brewery and Distillery was among the first manufacturers of alcoholic beverages to establish themselves in the newly formed republic. Alcohol was widely used in the armed forces as well as by civilians. The popularity of the drinks and the rise in alcohol-related problems led to the emergence of temperance organizations such as the Free African Society, established in 1778 (Loseke and Joel, 2003). Alcohol advertising and promotional strategies popularly used in this era included creating a 'Happy Hour.'
In the 19th century, attitudes towards alcohol began to change within the populace as more people got absorbed into the workforce. The workforce was expected to exercise restraint and self-discipline to maintain good performance levels (Loseke and Joel, 2003). The American Temperance Society was formed in 1826 to fight against increased alcohol consumption. The temperance movement continued to grow and expand, influencing the legislation in various states in the 19th and 20th centuries (Downes and Paul, 2011). Most states enacted bans on alcohol consumption under pressure from the temperance movements. In 1920, there was a national prohibition, which lasted until 1933. During this period, it was illegal to advertise or even consume alcohol in the US. Therefore, what was once an acceptable social activity has quickly metamorphosed into criminal activity within the same community, but at different times. These changes in the legal status of alcohol consumption were largely due to the efforts of social movements such as the temperance movement (Loseke and Joel, 2003). The change also created conflicts between the social movements and other stakeholders on the problem, such as the manufacturers of alcohol and consumers.
However, once the national ban on alcohol advertising was lifted, drinking alcohol was no longer a crime. Since then, alcohol producers have always advertised their products for business purposes. Alcohol marketing and advertising is considered an indispensable aspect of the industry's supply chain. Companies spend billions of dollars on advertising and promoting their products (Loseke and Joel, 2003). Alcohol advertising has evolved significantly over the past few years. Today, companies use various methods and approaches to advertising their brands and products depending on their objectives and the target market (Downes and Paul, 2011). Recent research studies indicate that alcohol advertising and marketing significantly impact the choices that young people make regarding drinking alcohol.
Many young people are inundated with alcohol advertisements on social media, the internet, their cell phones, as well as through other traditional channels of communication like radio and television. This has also led to new forms of industry regulations that have criminalized certain aspects of alcohol advertising and consumption, for instance, by limiting the drinking hours, prohibiting drunk driving, and regulating how the manufacturers advertise their products (Loseke and Joel, 2003). The regulation of alcohol advertising has been informed by several issues, including health concerns and findings from various research studies linking alcohol advertising to increased alcohol consumption in society, particularly among young people.
Subjective Values and Crime
Given that crime is a social construct, it must be comprehended from a subjective perspective. This implies that an individual’s values and beliefs can also influence them in the decisions they make regarding whether to engage in cri...