Theory of the Social Construction of Innocence and Guilt
A legal‑sociological theory arguing that innocence and guilt are not simple facts but socially constructed categories produced through legal procedures, storytelling, evidence rules, and jury dynamics. Two people who committed identical acts may be judged innocent or guilty based on their social status, the quality of their lawyer, the narrative they can afford, or the biases of the court. The theory shows that the legal process does not simply discover guilt or innocence; it actively constructs them through rules of evidence, plea bargaining, and courtroom performance. It challenges the myth that the legal system merely mirrors reality.
Example: “The theory of the social construction of innocence and guilt explained how a wealthy defendant could walk free on a technicality while a poor defendant with the same evidence was convicted: the legal process constructed two different verdicts from the same underlying actions.”
Theory of the Social Construction of Innocence and Guilt by Dumu The Void April 19, 2026
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