Introduction Chapter One: Criminalisation Part One
Introduction
Chapter One: Criminalisation Part One Defining Crime 46-61 Introduction Nicola Lacey Legal Constructions of Crime The term criminalisation constitutes an appropriate conceptual framework within which to gather together the constellation of social practices which form the subject matter of criminal law on the one hand and criminal justice and criminological studies on the other. n
Crime is not a given in society, it is a dynamic societal construct that changes based on the context and the time period it is considered in.
It States that ‘it captures the moments of 'defining' and 'responding' to crime, that can rarely be completely distinguished and that constantly interact.’ Ø
It embodies a variety of social actors and institutions n
We must consider the actors, social and legal constructions of crime; how these interact with one another.
Stanley Cohen Against Criminology Ø Criminalisation is the process of identifying an act deemed dangerous to the dominant social order and designating it as criminally punishable, which is the shopping list metaphor of classic jurisprudence (some are added to the list, some are taken off it). Ø
Our system implies that there is a clear dichotomy between what is criminal and what is not, where a yardstick can be applied to make this distinction. But, unlike social norms, which are subtle and continuous, the criminal law is dichotomous variable - crime/non-crime - strictly speaking there cannot be degrees of criminality. Therefore to apply the same yardstick in different and unique situations (as is the ambition of criminal law) is exactly its weakness as a form of social control.
Ø
Criminalisation is a particular reaction to a defined social problem. n
Our new system recognises degrees of criminality, social problems have subtle, continuous and negotiable variables.
Ø
The more we define acts as criminal, the more they will occur e.g. sexual exploitation. n
If crime is a social construct that varies across time, why is decriminalisation loosing its significance?
Douglas Husak, Overcriminalisation: The Limits of the Criminal Law Ø
Overcriminalisation, is which ‘extraordinary rise in the size and scope of the criminal law”.
Chapter One: Criminalisation Part One Defining Crime 46-61 Introduction Nicola Lacey Legal Constructions of Crime The term criminalisation constitutes an appropriate conceptual framework within which to gather together the constellation of social practices which form the subject matter of criminal law on the one hand and criminal justice and criminological studies on the other. n
Crime is not a given in society, it is a dynamic societal construct that changes based on the context and the time period it is considered in.
It States that ‘it captures the moments of 'defining' and 'responding' to crime, that can rarely be completely distinguished and that constantly interact.’ Ø
It embodies a variety of social actors and institutions n
We must consider the actors, social and legal constructions of crime; how these interact with one another.
Stanley Cohen Against Criminology Ø Criminalisation is the process of identifying an act deemed dangerous to the dominant social order and designating it as criminally punishable, which is the shopping list metaphor of classic jurisprudence (some are added to the list, some are taken off it). Ø
Our system implies that there is a clear dichotomy between what is criminal and what is not, where a yardstick can be applied to make this distinction. But, unlike social norms, which are subtle and continuous, the criminal law is dichotomous variable - crime/non-crime - strictly speaking there cannot be degrees of criminality. Therefore to apply the same yardstick in different and unique situations (as is the ambition of criminal law) is exactly its weakness as a form of social control.
Ø
Criminalisation is a particular reaction to a defined social problem. n
Our new system recognises degrees of criminality, social problems have subtle, continuous and negotiable variables.
Ø
The more we define acts as criminal, the more they will occur e.g. sexual exploitation. n
If crime is a social construct that varies across time, why is decriminalisation loosing its significance?
Douglas Husak, Overcriminalisation: The Limits of the Criminal Law Ø
Overcriminalisation, is which ‘extraordinary rise in the size and scope of the criminal law”.
