Labeling, Law, and America's Drug Policy Essay

The labelling theory shows how crime is socially constructed based on labels created by the powerful, which is important for our understanding of who commits a crime as they show how the powerless can be labelled as deviant whilst powerful groups are not. This undermines the

Labeling theory makes no attempt to understand why an individual initially engaged in primary deviance and committed a crime before they were labeled; this then limits the scope of the theory’s explanations and suggests the theory may not provide a better account for crime. Labeling theory emphasizes the negative effects of labeling, which gives the offender a victim status. Also, the same likelihood exists for developing a criminal career regardless of deviance being primary or secondary. Furthermore, labeling theorists are only interested in understanding the aftermath of an individual getting caught committing crime and society attaching a label to the offender. This differs from the view of social learning theory, which seeks to explain the first and subsequent criminal acts. Many critics also argue that the racial, social, and economic statuses of an individual create labels, as opposed to criminal acts; this theory then fails to acknowledge that those statuses may factor into the labeling process. As a result, the above suggests that labeling theory does not provide a good account for crime and appropriately has little empirical support. Moreover, in terms of policy implications, labeling theory implies a policy of radical non-intervention, where minor offenses

African Americans now constitute nearly 1 million of the total 2.3 million incarcerated; that is 60% of 30% of the African American population. African Americas are incarcerated at nearly six times the rate of whites. “Between 6.6% and 7.5% of all black males ages 25 to 39 were imprisoned in 2011, which were the highest imprisonment rates among the measured sex, race, Hispanic origin, and age groups." (Carson, E. Ann, and Sabol, William J. 2011.) Stated on Americanprogram.org “ The Sentencing Project reports that African Americans are 21 percent more likely to receive mandatory-minimum sentences than white defendants and are 20 percent more likely to be sentenced to prison.” Hispanics and African Americans make up 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population. (Henderson 2000). Slightly 15% of the inmate population is made up of 283,000 Hispanic prisoners.

Imprisonment is more common in some social groups than others and makes it easier for racial groups to fall into that stereotype. It becomes more widely expected for groups such as Black males and even Hispanics when they live in the low income communities. At some point one in three Black males and one in six Hispanics will be incarcerated at some point in their life (Berg, & DeLisi, 2006). Nationwide, African American men are confined at 9.6 times the rate of White men.

In addition to treating those in poor neighborhoods as criminals until proven otherwise, police also are failing these individuals when they continue to have the preconceived notion that efforts to control violence and crime in these neighborhoods are futile. According to statistics published by the U.S. Department of Justice, African Americans are disproportionately represented in incarceration rates. Among men, blacks are about six more times as likely to be admitted to prison during their life. Based on current rates of incarceration an estimated 7.9% of black males compared to 0.7% of white males will enter State or Federal prison by the

Racial disparity in sentencing in the criminal justice system is a problematic issue. Individuals often believe that racial disparity in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current

While African American males have been affected the most more than other demographic group within the criminal justice system, other minorities have also been unequally affected. Hispanics only account for 17% of the prison population nationally, even though they are only 12% of the total population in the United States. The statistics for these inequalities for African Americans can be identified

African Americans are targeted by law enforcement more often than any other race (Toth, Crews & Burton, 2008). Because of this the term racial profiling was created to explain the process of targeting people for criminal activity because of race not evidence (Toth et al, 2008). African Americans are over represented in the criminal justice system based on their population amount compared to whites (Toth et al, 2008). African American males are incarcerated at a rate 9 times that of white males in most states, in others that number may be as high as 12 to 26 times more (Toth et al, 2008). Nationwide statistics show in most states 1 in 20 over the age of 18 are in prison, while 5 other states report 1 in 13 or 14 compared to the 1 in 180

Schur (1980, 1984) who “described labeling as a social construction of culture, which means that it is artificially defined by society. This indicates that proper concepts will be destitute in the face of ever-changing eccentricity of social standards” (Hashem, 2015:121). Society dictates what is and what is not considered “deviant” behavior, and treats the person accordingly (whether positive or negative. Labeling tends to lead to stigmatization. Noelle Vance wrote in her article titled Labeling Theory that “When relationships with parents, teachers, or friends are weakened as a result of formal stigmatization, individuals are more likely to seek affiliation with criminal

while the overall U.S. rate of incarceration is up very substantially, this shift has fallen with radically disproportionate severity on African Americans, particularly low-income and poorly educated blacks. Indeed, the result has been a sharp overrepresentation of blacks in jails and prisons. In 2007, black males constituted roughly 39 percent of incarcerated males in state, federal, and local prisons or jails, though representing only 12 percent of the total adult male population. White males, on the other hand, constituted just 36 percent of the male inmate population in 2007, well under their 65.6 percent of the total male population. The Hispanic population, which constitutes about 20 percent of the total inmate population, is also overrepresented but is much closer to its relative share of the total population of about 16 percent ( ).

15). The percentage of black males (in jail or prison) between the ages of 20 and 34 is eleven percent. These statistics are not always acknowledged by advocates. The advocates will blame it on bias of those who make the decisions regarding arrests, and sentencing.

A label defines an individual as a certain kind of person. Defining an act as deviant or criminal is not a simple straight forward process. A label is not neutral, it contains an evaluation of the person to whom it is applied. It is a ‘Master Status’ in the sense that it overshadows all the other statuses possessed by the individual. If an individual is labelled as criminal, mentally ill or gay, such labels tend to override the individuals status as father, husband, worker, friend or neighbour. Whether or not the label is applied will depend on how the act is interpreted by the audience. This in turn will depend on who commits the act and where and when it was committed.

Based on Howard Becker’s symbolic or labeling theory, all acts of deviance and the person seen to be acting in a deviant manner are given labels. These labels generally come from someone in there community or group who are in hierarchy or authority figure. That means no action is deviant unless specified by the particular community or group (Bessant & Watts 2002). Becker’s labeling theory concentrates on the lower class, and anything apart from what the group expects is labeled as deviant. The term Once a criminal always a criminal is familiar, it is these type of labels that maybe detrimental in terms of a person internalizing labels as truth, and how others sees them (D. Conley 2008). The labels and or judgments given negatively, isolate the person from the group, and may hinder the person’s opportunity to reach their full potential. The strains put on a person to conform to the particular cultures norms and values, does not allow any person to differ in nature or thought. When one is pressured to perform in ways that may be foreign or

Many laws are enacted to punish criminals and protect individuals from violent deviant actions. Privileged Deviance is economically costly because some powerful individuals attempt to escape the consequences of deviant actions. Deviance occurs through interactions between individuals and groups. The labeling theory discusses the social behavior of how and why individuals continue deviant activity to maintain their identity or label. Thio, Taylor, and Schwartz state “the word interaction deviance is a human activity involving more than one person’s act” (Thio, et. al, 2013, p. 35). The theory suggests individuals reflect on their behavior and how others view their actions. The labeling theory can be linked to the symbolic interaction foundation perspective. Understanding deviance and criminal behavior are addressed through the labeling theory. Thio, Taylor, and Schwartz suggest that the deviant act begins with the hypothesis that no act is essentially criminal. Criminality is recognized by individuals who feel powerful through the design of laws and the interpretation of law enforcement. Deviance is determined by the interaction between deviant and nondeviant actions and how the community interprets the actions. Individuals who adhere to the law and promote acceptable behaviors are the main source of labeling. For example; this may include police officers, courts, or school authorities. Defining specific

According to Howard Becker’s labeling theory, ‘deviance is not a quality of the act person commits, but rather a consequence of the application by others of rules and sanctions to an “offender”.’ (Becker