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Labelling Theories of Crime

      By Olivia and Toby
The Social Construction of Crime

• Labelling theorists are interested in how and why
  certain acts are defined as criminal; no act is
  inherently criminal in itself. (Killing people is not
  a crime if committed by soldiers in war)
                  Howard Becker
  “Social groups create deviance by creating the
   rules whose infraction constitutes deviance, and
   by applying those rules to particular people and
              labelling them as outsiders”
Moral Entrepreneurs
• These are the people who benefit from the
  creation of new laws. Becker argues that a new
  law has two effects;
• The creation of a group of outsiders- those who
  break it.
• The creation or expansion of a social control
  agency to impose labels on offenders. (i.e.
  Police)
• Platt (1969) argues that the idea of juvenile
  delinquency was created by Victorian moral
  entrepreneurs aimed at ‘protecting’ young
  people at risk.
Who gets labelled?
• Not everyone who commits an offence is
  punished for it (link to Marxism; selective
  enforcement).
• Factors influencing people’s punishment:
• Previous interactions with agencies of social
  control.
• Their appearance, background and history.
• The circumstances of the offence.
• Piliavin and Briar (1964) found that police
  decisions to arrest youths were mainly based on
  appearance – if you’re loitering at night, dress
  well and you won’t get arrested.
Cicourel (1968)– Negotiation of
               Justice
• Officers’ typifications (stereotypes) of what a
  delinquent should look like led them to
  concentrate on certain groups, resulting in a
  class bias. This in turn led to working-class
  areas being patrolled more frequently and even
  more arrests being made- a vicious circle.
• Justice is seen as negotiable; e.g., if a middle
  class woman was caught with a joint she would
  be less likely to be charged with possession than
  a working class male youth.
Official Statistics
• LINK TO RESEARCH METHODS
• Ciroucel’s study implies that official
  statistics should be investigated rather
  than used as evidence because they do
  not give a valid picture of crime. This
  would shed light on the process of control
  agencies such as the police and the
  criminal justice system.
Primary and Secondary Deviance
• Edwin Lemert (1951)
• Primary deviance is the act which has not been
  publicly labelled as deviant. He argues that it is
  pointless to seek the causes of primary deviance
  as the perpetrators do not see themselves as
  deviant and are not part of organised deviant
  life.
• Secondary deviance is labelled; the result of
  societal reaction. Those who are caught are
  publicly labelled and often stigmatised. Once
  they are labelled it becomes their master status.
Secondary Deviance (cont.)
• A change of master status may lead to a crisis of
  self-identity and become a self-fulfilling
  prophecy, resulting in further deviance.
• As a result of secondary deviance a convict may
  find it hard to get a job and turn to deviant
  subculture (Link to subcultural strain theories-
  functionalism) to achieve, confirming their
  deviant identity.
• Jock Young (1971) Study of hippy marijuana
  users- until smoking it was made illegal drugs
  where only a small part of hippy culture, but they
  then retreated into a deviant subculture with
  drug use at it’s centre.
It is not the act which is deviant
    but society’s reaction to it.
Deviance amplification
• This is the idea that attempts to control deviance
  only increase it; more and more control
  produces more and more deviance.
• Stanley Cohen (1972) studied Mods and
  Rockers and noted press exaggeration created a
  series of moral panics, leading to higher
  prosecution levels and thus higher levels of
  deviance. Those at the centre of the moral panic
  are made into Folk Devils.
• This is similar to Lemert’s idea of secondary
  deviance.
Labelling Theory and Criminal
                Policy.
• Triplett (2000) notes an increasing tendency to
  see young offenders as evil and a lessening
  tolerance of minor offences. Offences have been
  re-labelled resulting in harsher sentencing.
• Therefore labelling theory has important policy
  implications; by decriminalising ‘soft’ drugs we
  would decrease the number of charged
  offenders and the risk of secondary deviance or
  a deviance amplification spiral.
Reintegrative Shaming
• Most labelling theorists see only the negative
  consequences of labelling although John
  Braithwaite (1989) identifies a more positive role.
  There are two types of shaming:
• Disintegrative shaming- not only the crime but
  the criminal is also labelled as bad and is
  excluded.
• Reintegrative shaming- Labelling only the act,
  not the person.
Continued
• The policy of reintegrative shaming avoids
  stigmatising the offender while still making
  them and others aware of the negative
  impact of their offence. This encourages
  forgiveness and acceptance back into
  society.
• Reintegrative shaming also avoids
  pushing people into secondary deviance.
• Link to functionalism- boundary
  maintinence.
Evaluation points.
• Strengths of labelling theory:
• Highlights the reasons for differences in
  deviance between cultures.
• Shows that law is often enforced in a
  discriminatory way.
• Shows how attempts at control can often
  backfire.
• Highlights weaknesses of official statistics.
Evaluation points
• Weaknesses of labelling theory:
• Often deterministic- not all those who are
  labelled continue in a deviant career.
• Gives the offender a victim status and ignores
  the real victims of crime i.e. a rapist is not a
  victim!
• Ignores individuals who actively pursue
  deviance.
• Fails to explain why people commit primary
  deviance.
• The first theory to recognise the role of power in
  creating deviance but fails to analyse this
  source, instead focusing on ‘middle-range’
  officials, such as police officers.

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Labelling theories of Crime

  • 1. Labelling Theories of Crime By Olivia and Toby
  • 2. The Social Construction of Crime • Labelling theorists are interested in how and why certain acts are defined as criminal; no act is inherently criminal in itself. (Killing people is not a crime if committed by soldiers in war) Howard Becker “Social groups create deviance by creating the rules whose infraction constitutes deviance, and by applying those rules to particular people and labelling them as outsiders”
  • 3. Moral Entrepreneurs • These are the people who benefit from the creation of new laws. Becker argues that a new law has two effects; • The creation of a group of outsiders- those who break it. • The creation or expansion of a social control agency to impose labels on offenders. (i.e. Police) • Platt (1969) argues that the idea of juvenile delinquency was created by Victorian moral entrepreneurs aimed at ‘protecting’ young people at risk.
  • 4. Who gets labelled? • Not everyone who commits an offence is punished for it (link to Marxism; selective enforcement). • Factors influencing people’s punishment: • Previous interactions with agencies of social control. • Their appearance, background and history. • The circumstances of the offence. • Piliavin and Briar (1964) found that police decisions to arrest youths were mainly based on appearance – if you’re loitering at night, dress well and you won’t get arrested.
  • 5. Cicourel (1968)– Negotiation of Justice • Officers’ typifications (stereotypes) of what a delinquent should look like led them to concentrate on certain groups, resulting in a class bias. This in turn led to working-class areas being patrolled more frequently and even more arrests being made- a vicious circle. • Justice is seen as negotiable; e.g., if a middle class woman was caught with a joint she would be less likely to be charged with possession than a working class male youth.
  • 6. Official Statistics • LINK TO RESEARCH METHODS • Ciroucel’s study implies that official statistics should be investigated rather than used as evidence because they do not give a valid picture of crime. This would shed light on the process of control agencies such as the police and the criminal justice system.
  • 7. Primary and Secondary Deviance • Edwin Lemert (1951) • Primary deviance is the act which has not been publicly labelled as deviant. He argues that it is pointless to seek the causes of primary deviance as the perpetrators do not see themselves as deviant and are not part of organised deviant life. • Secondary deviance is labelled; the result of societal reaction. Those who are caught are publicly labelled and often stigmatised. Once they are labelled it becomes their master status.
  • 8. Secondary Deviance (cont.) • A change of master status may lead to a crisis of self-identity and become a self-fulfilling prophecy, resulting in further deviance. • As a result of secondary deviance a convict may find it hard to get a job and turn to deviant subculture (Link to subcultural strain theories- functionalism) to achieve, confirming their deviant identity. • Jock Young (1971) Study of hippy marijuana users- until smoking it was made illegal drugs where only a small part of hippy culture, but they then retreated into a deviant subculture with drug use at it’s centre.
  • 9. It is not the act which is deviant but society’s reaction to it.
  • 10. Deviance amplification • This is the idea that attempts to control deviance only increase it; more and more control produces more and more deviance. • Stanley Cohen (1972) studied Mods and Rockers and noted press exaggeration created a series of moral panics, leading to higher prosecution levels and thus higher levels of deviance. Those at the centre of the moral panic are made into Folk Devils. • This is similar to Lemert’s idea of secondary deviance.
  • 11. Labelling Theory and Criminal Policy. • Triplett (2000) notes an increasing tendency to see young offenders as evil and a lessening tolerance of minor offences. Offences have been re-labelled resulting in harsher sentencing. • Therefore labelling theory has important policy implications; by decriminalising ‘soft’ drugs we would decrease the number of charged offenders and the risk of secondary deviance or a deviance amplification spiral.
  • 12. Reintegrative Shaming • Most labelling theorists see only the negative consequences of labelling although John Braithwaite (1989) identifies a more positive role. There are two types of shaming: • Disintegrative shaming- not only the crime but the criminal is also labelled as bad and is excluded. • Reintegrative shaming- Labelling only the act, not the person.
  • 13. Continued • The policy of reintegrative shaming avoids stigmatising the offender while still making them and others aware of the negative impact of their offence. This encourages forgiveness and acceptance back into society. • Reintegrative shaming also avoids pushing people into secondary deviance. • Link to functionalism- boundary maintinence.
  • 14. Evaluation points. • Strengths of labelling theory: • Highlights the reasons for differences in deviance between cultures. • Shows that law is often enforced in a discriminatory way. • Shows how attempts at control can often backfire. • Highlights weaknesses of official statistics.
  • 15. Evaluation points • Weaknesses of labelling theory: • Often deterministic- not all those who are labelled continue in a deviant career. • Gives the offender a victim status and ignores the real victims of crime i.e. a rapist is not a victim! • Ignores individuals who actively pursue deviance. • Fails to explain why people commit primary deviance. • The first theory to recognise the role of power in creating deviance but fails to analyse this source, instead focusing on ‘middle-range’ officials, such as police officers.