The Social Construction of Crime

Here's a mind-bender: labelling theorists argue that no act is automatically criminal. Instead, something only becomes "criminal" when society decides to label it that way. It's not what you do that makes you a deviant - it's how others react to what you do.

Becker puts it brilliantly: "A deviant is simply someone to whom the label has been successfully applied." When new laws get created, they don't just ban behaviour - they create two new things. First, a group of "outsiders" who break the rule. Second, more social control agencies (police, courts, probation officers) to catch and punish these new criminals.

Take Platt's example of juvenile delinquency. Upper-class Victorians basically invented this concept to "protect" young people. Or consider how the US Federal Bureau campaigned to ban marijuana in 1937 - supposedly to protect youth, but really to expand their own power and influence.

Key Point: Laws aren't created because behaviour is inherently harmful, but because powerful people want to redefine what's acceptable.

How Labels Get Applied

Not everyone who commits a crime gets punished - and that's where things get interesting. Whether you're arrested depends on factors like your appearance, background, and the circumstances of your offence. Social control agencies are much more likely to label certain groups as criminal.

Piliavin and Briar discovered that police decisions to arrest young people were mainly based on how they looked and dressed. Officers made snap judgements about character based on appearance. Your gender, class, and ethnicity all influenced whether you got arrested, along with when and where you were stopped.

Cicourel found that police develop typifications - basically stereotypes of what a "typical delinquent" looks like. This creates class bias because working-class people fit these stereotypes most closely. Police patrol working-class areas more intensively, leading to more arrests, which then confirms their original stereotypes.

The criminal justice system reinforces this bias at every level. Probation officers believed delinquency came from broken homes and poverty, so they saw young people from these backgrounds as likely to reoffend. Meanwhile, when middle-class youth got arrested, their parents could negotiate better outcomes, convincing authorities their child was sorry and would stay out of trouble.

Reality Check: Justice isn't fixed - it's negotiable, and some people are better at negotiating than others.

Crime Statistics Are Socially Constructed

Official crime statistics don't actually tell us how much crime happens - they tell us about the decisions made by control agents like police and prosecutors. At each stage of the criminal justice system, agents decide whether to proceed to the next level based on the labels they attach to suspects.

Think of it as a series of "decision gates" where the number of people steadily gets whittled down. Someone gets stopped, then arrested, then charged, then prosecuted, then convicted, then sentenced. At each gate, decisions depend on the stereotypes and typifications that control agents hold.

This creates what's called the dark figure of crime - the difference between official statistics and the real rate of crime. We don't know how much crime goes undetected, unreported, or unrecorded because so much depends on who gets caught and processed through the system.

Some sociologists use victim surveys to get a more accurate picture, but these have limitations too. People might forget, lie, or exaggerate when asked about crimes. Plus, surveys usually only cover less serious offences, missing the big picture.

Bottom Line: Crime statistics are more like a record of police and prosecutor activity than actual criminal behaviour in society.

The Effects of Labelling

Lemert distinguishes between primary and secondary deviance, and this is where labelling theory gets really powerful. Primary deviance includes all those deviant acts that haven't been publicly labelled - fare dodging, minor rule-breaking that most people do and easily rationalise away as "moments of madness."

Secondary deviance is completely different - it's what happens after you've been caught and publicly labelled. Being labelled as criminal can involve stigmatisation, shame, humiliation, and exclusion from normal society. Others start seeing you only through this label - you're no longer a colleague or neighbour, you're a "thief" or "junkie."

This creates a crisis in your self-concept. One way to resolve it? Accept the deviant label and become what others say you are. This creates a self-fulfilling prophecy where you act out the label, thereby becoming what the label says you are.

The result is often a deviant career. Ex-convicts struggle to find legitimate work because of their label, so they seek support from other outsiders. They might join deviant subcultures that offer criminal opportunities, role models, and rewards for deviant behaviour - confirming their deviant identity even further.

Think About It: The very process designed to stop crime might actually create more criminals through labelling.

Real-World Examples and Deviance Amplification

Young's study of hippy marijuana users perfectly illustrates these concepts. Initially, drugs were peripheral to hippies' lifestyle (primary deviance). But police persecution led them to see themselves as outsiders, retreating into closed groups where they developed a deviant subculture with longer hair, "way out" clothes, and drug use as a central activity.

This created a deviance amplification spiral - when attempts to control deviance actually increase it. More control leads to more deviance, which leads to even more control, in an escalating spiral. Cohen's study of mods and rockers shows this perfectly - press exaggeration created moral panic, leading to police crackdowns and harsher penalties, which confirmed media stories and provoked more public concern.

The key insight? It's not the original act that creates serious deviance - it's society's hostile reaction to it. Social control processes meant to produce law-abiding behaviour often produce the opposite.

However, labelling theorists point out this isn't inevitable. Downes and Rock noted we can't predict whether someone who's been labelled will follow a deviant career - people are free to choose not to deviate further.

Important: Deviance amplification spirals show how media moral panics can actually make problems worse, not better.

Policy Implications and Different Types of Shaming

Folk devils represent the opposite of the dark figure of crime - their actions get over-labelled and over-exposed, drawing resources away from detecting crimes that make up the dark figure, like crimes of the powerful. Studies show that increasing attempts to control young offenders often backfire.

Triplett noted increasing tendencies to see young offenders as evil, with the criminal justice system re-labelling minor offences like truancy as more serious, leading to harsher sentences and, following Lemert's secondary deviance theory, increased rather than decreased offending.

Labelling theory suggests important policy changes: make fewer rules for people to break, avoid publicly "naming and shaming" offenders, and decriminalise things like soft drugs to reduce criminal convictions and secondary deviance risks.

Braithwaite identifies two types of shaming. Disintegrative shaming labels both the crime and criminal as bad, excluding the offender from society. Reintegrative shaming labels the act but not the actor - "you've done a bad thing" rather than "you're a bad person." This avoids stigmatising whilst making offenders aware of their actions' negative impact, making it easier to rehabilitate them into mainstream society.

Policy Insight: Societies with reintegrative rather than disintegrative shaming tend to have lower crime rates.

Mental Illness and Suicide Through a Labelling Lens

Interactionists reject Durkheim's positivist approach to suicide and his reliance on official statistics. They argue that understanding suicide requires studying its meanings for those involved, not just statistical patterns.

Douglas criticises official suicide statistics for the same reasons interactionists distrust crime statistics - they're socially constructed and tell us about the people who construct them (coroners for suicide, police for crime) rather than real rates in society.

Whether a death gets labelled as suicide versus accident depends on interactions between coroners, relatives, friends, and doctors. Relatives might feel guilty and push for "misadventure" rather than suicide. Religious coroners might be reluctant to bring suicide verdicts because they see suicide as sin.

Atkinson agrees statistics are just records of coroners' labels, but argues we can't really know what meanings dead people gave to their deaths. Instead, he focuses on coroners' assumptions about "typical suicide" - certain death methods, locations, circumstances, and life histories (like recent bereavements).

Interactionists also reject official mental illness statistics as social constructs - simply records of psychiatrists' labelling activities rather than objective facts.

Critical Point: Crime, suicide, and mental illness statistics are human-made artefacts, not objective social facts.

Mental Illness Labelling in Action

Lemert shows how mental illness labelling works. Some individuals don't fit easily into groups (primary deviance), so others label them as odd and exclude them. Their negative response becomes secondary deviance, giving others more reasons for exclusion.

When people start discussing how to "deal" with this difficult person, it confirms the individual's suspicions that people are conspiring against them. Their reaction justifies others' fears about their mental health, leading to psychiatric intervention and official labelling as "mental patient" - which becomes their master status.

Rosenhan's famous experiment demonstrated this beautifully. Researchers got themselves admitted to hospitals by claiming to hear voices, were diagnosed as schizophrenic, and this became their master status. Even when they acted normally afterwards, staff interpreted everything through this label - even note-taking was seen as a symptom of illness.

Goffman's study of asylums shows the effects of admission to "total institutions" like psychiatric hospitals. Patients undergo "mortification of the self" - their old identity gets symbolically killed and replaced. This happens through confiscation of personal effects and other processes.

Some inmates become institutionalised, internalising their new identity and becoming unable to readjust to outside world. Others develop various forms of resistance or accommodation to their situation.

Shocking Reality: Once labelled as mentally ill, everything you do gets interpreted as evidence of that illness.

Evaluating Labelling Theory - Strengths and Criticisms

Labelling theory makes crucial contributions. It shows that law isn't fixed rules to take for granted, but something requiring explanation. It demonstrates discriminatory law enforcement and reveals that crime statistics record control agents' activities more than criminals'. Most importantly, it shows how society's attempts to control deviance can backfire.

However, critics argue it's deterministic - implying that once labelled, a deviant career becomes inevitable. The emphasis on negative labelling effects gives offenders victim status, which realist sociologists argue ignores crime's real victims.

The theory focuses mainly on less serious crimes like drug-taking and assumes offenders are passive victims rather than active choosers of deviance. It fails to explain why people commit primary deviance before being labelled, and implies that without labelling, deviance wouldn't exist.

This leads to the odd conclusion that someone committing unlabelled crime hasn't actually deviated. It also suggests deviants are unaware they're deviant until labelled, yet most know they're going against social norms.

While recognising power's role in creating deviance, it fails to analyse power's source, focusing on "middle-range officials" like police rather than the capitalist class making rules in the first place.

Final Assessment: Labelling theory offers valuable insights but has significant limitations in explaining the bigger picture of crime and deviance.

The Power Problem

Labelling theory's biggest weakness is its failure to explain where labels come from and why they're applied to certain groups like the working class. It recognises that power matters in creating deviance but doesn't dig deep enough into power's sources.

The theory focuses on the people who apply labels - police officers, prosecutors, judges - rather than examining who makes the rules these officials enforce. It's like studying the referees in football whilst ignoring who writes the rulebook.

This limitation means labelling theory can describe how the criminal justice system works but struggles to explain why it works the way it does. It shows us the how of crime construction but misses the why behind the whole system.

Understanding crime fully requires looking beyond individual interactions between control agents and suspected criminals. We need to examine the broader social, economic, and political forces that shape which behaviours get criminalised and which groups get targeted for enforcement.

The Big Picture: Labelling theory gives us crucial insights into crime's social construction, but we need other theories to understand the power structures behind the labels.