Chapter Outlines

Chapter 11: Labeling Theory and Conflict/Marxist/Radical Theories of Crime

Learning Objectives

Summary
            This chapter begins with the discussion of labeling theory. Labeling theory came to the forefront during a time when various assumptions concerning societal authority were being questioned and reexamined. Labeling theory is not overly concerned with the questions as to why an individual engages in deviant behavior. Instead, the theorists argued that it is important to understand how criminal, or deviant, behavior is defined or labeled as well as how society reacts to this behavior. The basic assumptions of labeling theory include the following: no act is intrinsically criminal; criminal definitions are enforced in the interest of the powerful; a person does not become a criminal by violating the law; the practice of dichotomizing individuals into criminal and non-criminal groups is contrary to common sense and research; only a few people are caught in violating the law even though many individuals may be equally guilty; while the sanctions used in law enforcement are directed against the individual and not just the criminal act, the penalties for such an act vary according to the characteristics of the offender; criminal sanctions also vary according to other characteristics of the offender; criminal justice is founded on a stereotyped conception of the criminal as a pariah; and confronted by public condemnation and the label of an evil man, it may be difficult for an offender to maintain a favorable image of himself. The primary proponents of the theory are Frank Tannenbaum, Edwin Lemert, Howard Becker, and Edwin Schur. Tannenbaum focused on the process that occurs after an individual has been caught and designated as having violated the law. Additionally, Tannenbaum argued that acts are not inherently good or bad. There are differing degrees of good and bad. He also argued that social reactions influence how behaviors are labeled. Furthermore, these behaviors are placed within a context that includes such factors as a person's social status and the social setting. Lemert made a significant contribution to the labeling perspective by distinguishing between primary and secondary deviance. Primary deviance is behavior that is situational or occasional and second deviance deviant behavior, or social roles based upon it, which becomes a means of defense, attack, or adaptation to the overt and covert problems created by the societal reaction to primary deviation. In his book, Outsiders: Studies in the Sociology of Deviance¸ Becker presented the term "outsiders." This term refers to individuals who are considered by others to be deviant. Becker also argued that deviance has two dimensions. One dimension is that only those behaviors considered deviant by others are "really" deviant. The second dimension is whether a behavior or an act conforms to a certain rule. Additionally, Becker presented a typology of deviant behavior that includes conforming behavior, the pure deviant, the falsely accused, and the secret deviant. Schur addressed some of the criticism and misunderstandings of the labeling perspective. He also identified three key factors in the labeling process including stereotyping, retrospective interpretation, and negotiation. The major criticisms of labeling theory include the following: the various propositions to be tested are not adequately specified; due to the lack of satisfactory data and empirical research, evaluating the adequacy of labeling theory has been difficult; labeling theory focuses on the reaction to criminal and/or deviant behavior; the theory focuses on the "reactors" rather than the "actors"; and labeling should be viewed as a perspective rather than a theory.

            The chapter continues with the discussion of conflict perspectives. There are various conflict theoretical perspectives, but they all share a critical position concerning the existing social order. There are two forms of conflict theory: conservative (pluralist) and critical-radical. The primary focus of conservative conflict theories is power and the use of that power; this theoretical framework views society as consisting of diverse interest groups competing for power. George Vold, Austin Turk, and Richard Quinney have made major contributions to the conservative (pluralist) conflict theoretical perspective. Critical-radical conflict theory can be traced back to the writings of Karl Marx. This theoretical framework views contemporary society as being dominated by a unified, capitalist ruling class. William Chambliss and Robert Seidman, as well as Mark Colvin and John Pauly, have incorporated Marxist themes to understanding crime and criminals. Vold introduced group conflict theory. A key aspect to group conflict theory is recognizing the social process view of society as a collection of various groups that are held together in a dynamic equilibrium of opposing group interests and efforts. Turk argued that society is characterized by conflict arising between various groups seeking to establish or maintain control over one another. Quinney set forth six propositions that described his social reality of crime. These propositions are as follows: definition of crime, formulation of criminal definitions, application of criminal definitions, development of behavior patterns in relation to criminal definitions, construction of criminal conceptions, and the social reality of crime. When discussing Marxist ideology, criminologists have incorporated it in three ways. First, they have maintained that the law is a tool of the ruling class. Second, they argue that all crime, in capitalist countries, is a product of class struggle. Third, scholars need to address the relationships between the mode of production and understanding crime. In their book Law, Order, and Power, Chambliss and Seidman used a Marxist perspective to provide a critical understanding of the American justice system. From a conflict perspective, Chambliss and Seidman stressed that society is made up of various groups that are in conflict. The law is a tool for those in power which functions to use coercive power in conflict. In their Integrated Structural-Marxist Theory of Delinquency, Colvin and Pauly maintain that structures of control have various "patterns associated with work, families, school, and peer groups and those patterns form the mechanisms for the reproduction of class structure." George Vold and his colleagues presented some of the limitations associated with the conflict perspective. First, while there have been advancements in research methodologies there is still a fundamental problem when testing conflict theory; specifically, a similar finding may be interpreted in more than one way. Second, some research studies testing conflict theory are unable to distinguish between alternative explanations. Finally, few attempts have been made to develop and test well-constructed conflict theories.

            The chapter concludes with the discussion of peacemaking criminology, the restorative justice perspective, and left realism. Peacemaking criminology contends that rather than using punishment and retribution as a means of social control, society should attempt reconciliation through mediation and dispute settlement. Harold Pepinsky and Richard Quinney have been involved in developing peacemaking criminology. In addition, John Wozniak identified three predominate themes of peacemaking criminology: types of crime/social harms, types of peacemaking frameworks/perspectives, and types of peacemaking alternatives. Restorative justice emphasizes the victim, the community, as well as the offender. The restorative justice framework is based on the Balanced Approach. Wheeldon argued that restorative justice programs share three key principles: focusing on harms, root procedures in the communities where such harms occurred, and the moral potential for restorative justice. In reference to left realism, Jock Young identified four major processes which have transformed criminological thinking: the etiological crisis due to rising crime rates; the crisis in penality in terms of the failure of the prisoners as well as a reappraisal of the role of police; the increased awareness of victimization and of crimes which had previously been "unnoticed"; and a growing public demand and criticism of public service efficiency and accountability. One of the major goals of Left Realism is to provide an analysis of crime on all levels as well as develop a range of policy recommendations.

Chapter Outline

Theory

Concepts

Proponents

Key Propositions

Labeling Theory

Not overly concerned with questions as to why an individual engages in deviant behavior. Rather, it is important to understand how criminal, or deviant, behavior is defined or labeled as well as how society reacts to this behavior.

Frank Tannenbaum

Edwin Lemert

Howard Becker

Edwin Schur

No act is intrinsically criminal; criminal definitions are enforced in the interest of the powerful; an individual does not become a criminal by violating the law; penalties for a criminal act vary according to the characteristics of the offender; criminal justice is based on a stereotyped conception of the criminal; public condemnation may make is difficult for an offender to sustain a positive self-image.

Conservative (Pluralist) Conflict Perspectives

Conflict is an essential component; groups have competing interests; society is made up of groups with different levels of power; group interests are reflected in various aspects of society especially in the legislative political process.

George Vold

Austin Turk

Richard Quinney

Conflict arises between various groups seeking to establish or maintain control over one another; the law is an essential tool used to reflect the interests of those powerful groups; differences in power are reflected in who defines behavior as criminal.

Radical Conflict Perspectives

Modes of production influence various aspects of the social structure including the criminal justice system, family, and school.

Various

Similar propositions as Conservative (Pluralist) Conflict Perspectives with an emphasis on wealth and social class.