Module 7 Final Theory Paper

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1 Labeling Theory Brianna Peebles Arizona State University CRJ 309: Criminology Professor Allen August 4, 2023

2 Labeling Theory There are many ways that one can explain the behavior of criminals. Each theory or concept takes certain factors into account to try to explain why someone commits a crime and behavior traits that are associated. While each theory or concept plays an individual role to explain behavior and its implications, none do so better than labeling theory. As members of society, it has been ingrained that we must label people and things we experience and meet to organize, remember, and distinguish. First introduced in the 1950’s, the perspective of labeling theory has brought major influences on criminology and understanding criminal behavior. Main Theoretical Assumptions Labeling theory had major contributions from Howard Becker, known as the father of labeling theory, in the 1960’s with further contributions from Tannenbaum, Lemert, Schrag, and Durkheim. There are nine basic assumptions that support labeling theory, however a select number of those can be construed as the main assumptions. The first main assumption of labeling theory is “No act is intrinsically criminal” (Schram & Tibbetts, 2020, p. 276) which means that there is no action an individual can commit that is criminal beyond the law that we associate to it. The second main assumption is that a person is labeled a criminal based on the authorities defining the individual as such around the guidelines created by those in a position of authority and power. (Schram and Tibbetts, 2020, p. 276). Thirdly, Schrag notes that “Only a few persons are caught in violating the law, even though many individuals may be equally guilty. The act of “getting caught” begins the labeling process.” (Schram & Tibbetts, 2020, p.276). This assumption shows disunion of wealth attached to societal labeling because of the ability to pay for defense experience and silence. The final main assumption of labeling theory is the lack of ability to reverse the negative image imposed on an individual following charges or conviction

3 within the public’s eye. Schrag follows that assumption by remarking that “labeling is a process that produces, eventually, identification with a deviant image and subculture and, subsequently, the “rejection of the rejectors.” (Schram & Tibbetts, 2020, p. 276). To fully understand the meanings behind the theory and the assumptions, first the history must be explored. History of the Development of the Theory Beginning in the 1950s, researchers and scholars started to ask about the already established theories of crime because of “the unfair and inequitable treatment of underprivileged individuals in society was becoming a widespread concern for many Americans” (Schram & Tibbetts, 2020, p. 271). Howard S. Becker began this research by asking “What makes some acts and some people deviant or criminal?” (Skaggs, 2016) and this question began the questioning of power dynamics and behavior in society for those individuals who hold positions of power. A major influence came from Herbert Blumer who maintained that in social situations, communication derives from language and symbols which gave that communication meaning. (Skaggs, 2016). This solidified the concept that “powerful individuals and the state create crime by labeling some behaviors as inappropriate.” (Skaggs, 2016) and thus began the cycle of stereotyping and living by the label’s society imparts on its members. The next major contribution to labeling theory came from Kai T. Erickson who “expanded labeling theory to include the functions of deviance, illustrating how societal reactions to deviance stigmatize the offender and separate him or her from the rest of society.” (Skaggs, 2016). This introduced the concept of a self-fulfilling prophecy, meaning that once an individual is labeled deviant or an offender, they then come to believe that label is true in the same manner that society does. Empirical Support

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4 Modern research shows support for labeling theory, however there were more questions than support when first introduced. Emily Restivo and Mark Lanier (2015) bring to light that “while the theory has conceptually withstood scrutiny, empirical confirmation is less robust.” (p.117). Many scholars have affirmed that modifying labeling theory and developing the processes involved in labeling will establish a complementary theory for criminal and deviant behavior research. According to researchers “A prominent theme that has reemerged in revisionist work on labeling theory has been an emphasis on the social structural consequences of deviant labeling that trigger processes leading to movement into deviant groups” (Bernburg et al., 2006, 68). In a study conducted in 2007 by Jill Levenson, David D’Amora, and Andrea Hern which viewed the negative stigmatization surrounding sex offenders and Megan’s Law. The conclusion stated “It is evident that the registry’s stigma causes serious damage to registered offender. These consequences, although unintended, threaten offenders’... likelihood of leading lives of desistence. The mental health of convicted offenders should be of importance to the justice system and to the greater society.” (Schultz, 2014, p. 72). These labels attached to offender reintegration in society, created by those who define the act as criminal, diminish the capability to live a fulfilling life. In an extensive study done by Bernburg at al (2006), they state “our data allow us to test directly the link between official labeling and subsequent social ties to deviant peers” (p. 71). This study has provided the claim that “Recent attempts to elaborate and specify labeling theory have emphasized that deviant labeling does not have a direct influence on deviant behavior, but rather, tends to bring about conditions that are conducive to crime and delinquent behavior” (Bernburg et al., 2006, p. 81). The findings of this study confirm that “the idea that official labeling triggers processes that increase involvement in deviant groups [and] labeling plays a significant role in the maintenance and stability of delinquency and crime at a

5 crucial period in early and middle adolescence” (Bernburg et al., 2006, p. 81-82). These findings affirm the effect that labeling has been theorized to have within society. Potential Implementation of Policy Policies implemented into the criminal justice system following these theories could change the integration ability of deviant and criminal individuals. Taking the study that was mentioned earlier done by Schultz on convicted sex offenders as the first example. Schultz states that “as of 2008, there were 644,000 registered sex offenders in the United States.” (Schultz, 2014, p. 64), of which the majority being minor offenses that have nothing to do with violent acts. With an implication of a policy surrounding labeling, the criminal justice system could remove many of the sexual offense labels from those who sex offender acts as an umbrella term. For example, public urination is considered an act that will land the convicted individual on the sex offenders list. Being on that list is followed with a lifelong list of subsequent policies and limitations that must be followed. For an offense that is minor, non-violent, and non-predatory, the question must be asked if that label is appropriate for the crime that was committed. A policy that could be implemented for this specific example is the opportunity to remove that label from the individual. Courses and rehabilitation therapy could be made mandatory, along with regular meetings to discuss the actions and consequences of individuals in similar situations. Another policy could be implemented to assist those reintegrating following jail or prison who have completed work programs. Recently within California, Governor Newsom has eliminated barriers that prevented inmate firefighters from pursuing a fire career upon release. That is a major step to remove the label of criminal and deviant from an individual who has proven to society to be able to reintegrate and become an acting member of the local community. Explanation of Criminal Behavior

6 The ideas that exist within labeling theory have been implemented in people since their childhood. The idea of rich children versus poor children; adults who have been incarcerated compared to those who are known to have committed crimes but never charged. Labels are what makes society what it is, it is by no means a new concept. However, in terms of criminology, it is still not as explored as other theories to explain deviant behavior. Researchers have conducted more studies recently that have greatly explained how labeling theory, in conjunction with others, is a deep view into criminal behavior. As mentioned earlier, a person's self-fulfilling prophecy charges society with the job of labeling criminals and calling them as such until those criminals believe the label as much as others. One could commit a simple crime, stealing an apple because they were hungry, believing it was not a criminal act because of circumstance yet believe they should be held accountable much later following the label society assigns to them. While there is more research completed prior to modern times showing limited support of labeling theory, more modern studies have proven the benefits that labeling theory has provided to the study of deviance and criminal behavior. While the empirical support is still not as strong as other well-established theories, labeling theory appears to be the unspoken basis of all theories. Thoughts, people, experiences could not exist without a label of some kind to tell people what it was, and the same goes for within criminology.

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7 References Bernburg, J. G., Krohn, M. D., & Rivera, C. J. (2006, February). Official Labeling, Criminal Embeddedness, and Subsequent Delinquency: A Longitudinal Test of Labeling Theory. Journal of Research in Crime and Delinquency , 43 (1), 67-88. 10.1177/0022427805280068 Restivo, E., & Lanier, M. M. (2015). Measuring the Contextual Effects and Mitigating Factors of Labeling Theory. Justice Quarterly , 32 (1), 116-141. 10.1080/07418825.2012.756115 Schram, P. J., & Tibbetts, S. G. (2020). Introduction to Criminology - Interactive EBook: Why Do They Do It? Sage Publications. Schultz, C. (2014). The Stigmatization of Individuals Convicted of Sex Offenses: Labeling Theory and The Sex Offense Registry. Themis: Research Journal of Justice Studies and Forensic Science, , 2 (4), 64-81. https://doi.org/10.31979/THEMIS.2014.0204 Skaggs, S. L. (2016). Labeling theory | Concepts, Theories, & Criticism . Britannica. Retrieved August 4, 2023, from https://www.britannica.com/topic/labeling-theory

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