Labeling Theory in Criminology: A Comprehensive Overview
Labeling Theory: New approach
No previous criminological theories: a study of the causes of criminal behavior.
No labeling theory:
study the process by which society (or their institutions: parliament, judges, police, media) condemns some behaviors and create stereotypes of offenders.
Areas of Interest
1. The process of defining the crime and the offender.
2. The assumption of the identity of offenders.
3. Crime Statistics
1. The process of defining the crime and the offender
n The process of criminalization of behaviors:
1. Creation of the Criminal Law (Procedure)
2. Criminal Law Enforcement (Police)
3. Application of the Criminal Law (Judges)
4. Media: intervention in the three stages.
n The offense occurs when a behavior is interpreted, defined and recorded as a crime.
1. The process of defining the crime and the offender
n People who are labeled as criminals:
1. The category of offender does not match the offender:
– There are people who despite not having broken the rules, are defined as deviant (Gypsies).
– There are people who despite breaking rules are not defined as deviant (middle class youth who occupy the public space)
1. The process of defining the crime and the offender
No Conclusion
The offender is a creation of the penal systemie the result of applying labels to certain people who are different from other not for breaking the law but by having:
– Been indicted by the criminal justice system;
– Have come out of it with the label of criminal.
What happens to the stigmatized?
No Al aislársele the conventional world is linked to the world of deviant and, therefore, is forging an identity off:
1. Neutralizes its link with social norms,
2. Repudiates conventional people,
3. Learn to behave diverted, and so on.
2. The assumption of the identity of offender
No criminal process is a “social degradation ceremony.
No deviation deviation Primary vs. Secondary:
1. DP: The individual commits a first offense and is punishable. If you continue committing crimes and being punished label it.
2. DS: Once you assume the “new identity” (offender), this label provides the continuity of the “criminal career”.
2. The assumption of the identity of offender
n DP, ie the first offense (or first before you “tag”) depends on various reasons: psychological, learning, situational.
n The DS appears when these actions are repeated and is involved criminal proceedings may lead to a “reordering of the individual’s personality. Thus, the individual identifies with the deviant. Since then, his behavior is explained not by the root causes (DP) but for this new identity.
3. Crime Statistics
n The statistics do not capture all the events.
No do not reflect the “reality of crime” but the way that institutions build the offense.
n Therefore the statistics provide more information about the institutions of control that they realize that the crime itself.
No statistics Distrust leads to value other means of investigation: victimization surveys, self-reporting studies.
Consequences of Criminal Policy
No Decriminalization
No Deinstitutionalization, Descarcelación.
No Minimum Criminal Law
No Alternative measures to imprisonment.
Reviews
1. The label does not create the offense but is imposed on those who violate the law.
2. The tag can be used to get a person to desist from crime.
3. Does the label is a necessary or sufficient for an individual to commit crimes?
4. No acts are in themselves objectionable (or criminal)?
Current Developments
No past 20 years
No suggestions more nuanced than the originals.
n Do not consider the social reaction can explain the crime itself.
No labeling theory is considered part of a more comprehensive explanation of the crime.
No hypothesis testable by quantitative methods
Current Developments
No comprehensive explanation Example:
1. Those who commit crimes and therefore suffer convictions (especially if they are in prison) have more difficulty leaving the criminal career, even if they want.
2. This is because they are immersed in “chain of adversity” or an “accumulation of disadvantages.”
Current Developments
1. The theory of secondary criminalization
2. The theory of adjustment to the stereotypical imagery
3. The theory of reintegrative shaming
4. The theory of the challenge
1. The theory of secondary criminalization
Zaffaroni N / Alagia / Slokar
n Justice Administration System, which act selectively.
No criminalization Primary / Secondary Criminalization:
1. CP: legislative task of classification of crimes.
2. CS: policing and judicial
1. The theory of secondary criminalization: Crim Prim and Sec
. The theory of secondary criminalization: Crim Prim and Sec
n The number of criminal laws (criminalization primary) does not make it possible to prosecute all criminal offenses.
n Thus, impunity is the rule and the arrest and conviction is the exception,
n To do so, police and judges must “select”.
n Not everyone and not all crimes have the same chance of being “tagged” by the criminal justice system.
1. The theory of secondary criminalization: Criminalization Secondary
n Who are selected by the criminal justice system?:
1. The grossest crimes (easier to detect and prosecute);
2.
Individuals having less power are more vulnerable (they are less likely to protect themselves)
3. Thus, white collar crime, complex acts and committed by people with power tend not to be pursued.
1. The theory of secondary criminalization: Criminalization Secondary
No secondary Criminalization eventually construct a stereotype of who is delinquent.
No idea is created that the real criminals are those that respond to the stereotype (which are usually vulnerable)
1. The theory of secondary criminalization Reviews
1. The crimes to be pursued also affect the lower classes (and therefore can not be said that only protects those in power against the vulnerable).
2. There is some consensus on what behaviors are to be pursued with more emphasis: for example, crimes against persons (homicide, injury, rape, robbery, etc.).
2. The theory of adjustment to the stereotypical imagery
n Thomas Scheff
n In contemporary societies there is always a socially constructed stereotype of the deviation.
No This image is constructed through the media, through interactions with people and so on.
No way, mentally ill or other deviants are seen as dangerous to be feared.
2. The theory of adjustment to the stereotypical imagery
No This image is fixed in the minds of all the world
No way, when speaking of all people deviation associated with a person or conduct a series of socially constructed features.
No labeling The key lies in the social reaction rather than the act itself.
n That an act is labeled depends on:
1. Quantity and visibility of the offense
2. The power of the offender
3. Tolerance level of the community.
3. The theory of reintegrative shaming
No John Braithwaite
n When the social reaction to a crime active in its author a shamed that reconciles with society rather than stigmatize-one will tend not to re-offend
3. The theory of reintegrative shaming
n Before a crime society can impose two types of shaming:
1. Disintegrator:
Stigma
The reaction is a negative reaction by degradation ceremonies.
2. Return (Braithwaite) with negative reaction (blame) are elements of receiving stolen by the community. It isreadmission ceremonies.
3. The theory of reintegrative shaming
n The idea is based on the model of family education.
n It shows that something is wrong and should not be repeated.
n The effectiveness will depend on the type of society: inegalitarian societies have a structure that favors the humiliation and stigma.
4. The theory of the challenge
n Sherman
n The social reaction against a breach is critical for the individual to relapse or cessation of offending
n These authors have considered analyzing whether his treatment of a criminal justice administration system may affect their future criminal behavior.
No way, someone being treated corrrectamente to be arrested and during the criminal process and imposing a penalty which it considers just can influence recidivism.
4. The theory of the challenge
n T. Challenge draws to 4 key concept:
1. Legitimacy: legitimate sanctions tend to have preventive effects in the future.
2. Social ties: the effects of a wrongful conviction (for the author) will depend on their social ties.
3. Shame: the feeling of shame should contribute to shoulder the offense.
4. Proudly negatively can surface before a sanction illegitimate
Conclusion: Current Developments
1. The theory of secondary criminalization
2. The theory of adjustment to the stereotypical imagery
3. The theory of reintegrative shaming
4. The theory of the challenge