It is well-known that the criminal justice system is heavily influenced by policing bias and outdated judicial precedents. Over decades, historically and in modern day, this approach has resulted in significant racial disparities in the criminal justice system. The U.S. is known for its overcrowded incarcerated population at 6.8 million, and African Americans constitute 2.3 million or 34% of the total correctional population (NAACP, n.d.).
African Americans are “more likely than whites to be arrested,” and later convicted. Upon conviction, they are “more likely to be incarcerated,” with African American adults being “5.9 times more likely to be incarcerated than whites” (The Sentencing Project, 2018). The source of these disparities is both through explicit racial discrimination and implicit systematic and institutional racism. This paper will focus on examining the issue of overrepresentation of African Americans in crime statistics through the lens of labeling, social learning, and strain criminological theories.
Labeling Theory
The sociological labeling theory came to prominence in the 1960s with the help of Howard Becker who helped popularize it. In its most simple form, the labeling theory indicates that people behave according to and identify with ‘labels’ that others give them. In sociology of crime, when someone is labeled as deviant, they are more likely to demonstrate unlawful conduct. Once the label is set, it creates a cascading effect as others and society treat the individual negatively, forcing them to act out. It is important to note that no action is inherently criminal, the definitions of deviancy are established by those in power. Officially this is the government, police, courts, and the penal system (Crossman, 2020).
Deviance is not a combination of characteristics but a process of interaction in which criminality is interpreted. However, those in power set the standards and label certain behaviors as deviant, often to reinforce their power and supporting society’s power structure. This is seen in rich defining deviancy for the poor, men for women, and finally dominant racial or ethnic groups for minorities (Crossman, 2020). Therefore, one action that may be interpreted as normal in one context, i.e. a teen skipping school, will be seen as a sign of delinquency in another, compared for example in a white household and a poor black neighborhood. Class and race play a critical role in labeling, that leads to the inequality and stigma seen against minorities to this day.
Application
It can be argued that one of the most prominent applications of the labeling theory is racial profiling, which also accounts for the oversaturation of African Americans in crime and criminal justice system. The context and system are complex. It is well-known that black individuals, particularly youth, are more likely than white people to be reported for crime, stopped by police, and arrested. Stigma associated with racial and socioeconomic status (living in the broken neighborhoods) impacts who is selected for criminal justice sanctions, regardless of differences in illegal behavior. However, black minorities living or present for a continuous period of time in white neighborhoods face the highest risk of arrest (Valdimarsdóttir, 2020).
Upon entering the criminal justice system, which typically occurs early on for African American youth due to the very same racial prejudice, they are stigmatized and labeled a criminal. It severely affects their employment and educational prospects as they are officially a delinquent. It also impacts social relationships as there is fear and mistrust in society and among peers for someone with that label. As a result, it may increase further criminal behavior, as structural effects of labeling will emerge through social allocations mechanisms (Valdimarsdóttir, 2020).
Piquero and Brame (2008) argue that the overrepresentation of African Americans in official crime statistics are due to bias within the criminal justice system as a result of the labeling perspective. The biases in official statistics such as arrest, adjudication, and incarceration stem from biases in the official processing because of the label that is attached to the offender, either through racial profiling or, as discussed earlier, previous encounter with law enforcement even if in a minor capacity. It is part of the differential selection hypothesis, arguing that the prejudice occurs because police are encouraged to apply the law much more rigorously against African Americans (Piquero & Brame). The differential in police mobilization results in the exaggerated statistics of crime committed by minority groups.
Social Learning Theory
The social learning theory was developed by Robert L. Burgess and Ronald L. Akers in 1966. They took an earlier theory of differential association and combined it with developmental theory of reinforcement. It later became a mainstream criminological theory in the 1970s as Akers promoted a social learning perspective to deviant behavior. The theory argues that the context of social structure, interaction, and situation creates a learning process which “produces both conforming and deviant behavior,” and it is ultimately the balance of influence on the behavior that decides the outcomes (Greene, 2012).
In simple terms, the chance that an individual will participate in crime instead of conforming to societal norms is compounded if they are differentially associated with those who engage in deviance or create favorable conditions for it. Differential association can be understood as either direct interaction or indirect identification with reference groups. Individuals and groups with a person is in direct and indirect contact with are seen as providing the social context under which the social learning theory functions. This is where a person is exposed to definitions of acceptable and unacceptable behavior as well as behavioral models which ultimately reinforce their own perception and behavior (Greene, 2012).
Application
The association between social factors and individual deviance has been largely supported by evidence. Applying this theory to the topic of the overrepresentation of African Americans in crime and criminal justice system, it can be argued that being raised in environments where crime and gang violence are prevalent, black youth often turn to life of crime themselves, thus leading to greater percentage of the race in crime and criminal justice. While the issue is more complex, as explored earlier, there is a greater prejudice, and the reason why black youth may want to enter crime is solely for survival.
The fact remains is that certain urban African American neighborhoods are disproportionately exposed to high levels of crime due to poverty, drugs, and violence, leaving many youths exposed to it from a young age with no other choice.
Ross (2017) supports this and explores the development of African American youth, particularly males, through the paradigm of social learning theory which sees them exposed to aggressive models of social interaction and violence. The family is seen as a vital microsystem consisting of interconnected components which influence a child’s behavior. When children observe violence within the home, parent’s criminal behavior, and there is no general positive role model or parental control to balance it out, there is concern that children model their parent’s deviant behavior through the social learning theory lens (Ross, 2017).
Simons and Burt (2011) identify three schemas which are communicated by “disparate family, peer, and community conditions in the context of crime” (p. 553). Those participating or witnessing it form social schemas with a negative opinions of others, cynical perspective to conventional norms, and a preference for immediate rewards stemming from crime. Their findings suggest that “consistent exposure to adverse conditions such as community crime” and violence, deviant peers, discrimination, broken families, and low neighborhood efficacy results in the reinforcement and commitment to these schemas (Simons & Burt, 2011, p. 554).
As a result of these schemas, individuals are themselves more likely to commit crime, with the perspective by perpetrators that their actions are acceptable under social norms. It creates a never-ending cycle of social learning deviancy, which unfortunately affects African Americans more than others, because of other social and historic factors, society has created such tremendous racial divides at the community level that it is mostly black neighborhoods that are afflicted with poverty and crime at such high incidence.
Strain Theory
The strain theories suggest that certain stressors increase the possibility of crimes. These strains lead to negative emotions which create internal “pressure for corrective action,” crime becomes a potential response as a manner to escape or reduce that strain, alleviate the negative emotions, and seek revenge against the origin of the stressor. In sociology, these strains are pressures derived from social factors such as poverty, lack of job or education. Initial strain theories proposed by Merton focused on disadvantaged groups unable to reach common aspirations, unable to realize them through legal means and forced into criminal behavior.
However, Robert Agnew developed the general strain theory (GST) in 1992 which has now become the commonly accepted version. His approach a broad range of strains that can account for non-disadvantaged groups delinquency as well, such as inability to achieve goals, loss of valued possessions, and negative treatment by others (Agnew & Scheuerman, 2015). However, the elements of initial strain theory remain relevant in that societal pressure factors can cause deviance as a means to reduce and eliminate the strains.
Application
GST has been applied to the topic of focus in this paper and the overall study of race and crime which remains controversial. As established earlier, urban black neighborhoods present distinctly different conditions than traditional white neighborhoods, and African Americans face many risk factors for crime in individual, familial, and environmental contexts.
Agnew (2001) himself suggested that under the GST, African Americans have higher rates of criminal or unconventional behavior because they face more strains that are conducive to crime such as poverty, broken families, disrupted parenting, lack of schooling, discrimination, and many others. By experiencing these strainful events, they are stressed and upset, viewing it as unjust, eventually leading to coping with the negative emotions through crime (Piequero & Sealock, 2010).
Agnew (2001) identified four characteristics of strain as part of GST, which would most likely lead to delinquent offending. These are relevant if the strains are 1) viewed as unjust, 2) highly influential, 3) related to limited social control, and 4) creates pressure for delinquency. Agnew (2001) argued that strains that are seen as unjust are the most dangerous as they invoke anger. A high magnitude strain increasing delinquency as a coping mechanism.
Low social control strains such as erratic parenting, social rejection, homelessness contribute to the fact. Finally, individuals who are exposed to those who model or reinforce criminal behavior (ranging from child abuse and bullying in school to criminal victimization), then they are under pressure for delinquency since after living in hostile environments, they see violence as the only mans of responding against injustice, disrespectful treatment, and other violence (Agnew, 2001). Once again, given the fact at hand that many urban African American neighborhoods create hostile environments with youth facing all four of these characteristics in combination with the prejudices and injustices of society, to them crime is the logical way of establishing themselves, supporting the notion of an overwhelming presence of black individuals in crime or subsequent criminal justice system.
Discussion
As evident the issue is complex, and the overrepresentation of African Americans in the criminal justice system is wrong on many levels. It will take a multifaced approach and significant investment from the government and society to implement changes. Of course, in the light of the events of summer of 2020, and the BLM protests, police reform is a major point of policy contention currently. This is arguably one of the core pillars of addressing the issue.
Through police reform, law enforcement can be trained to not perceive African Americans as direct threats and to reduce racial profiling, as well as decreasing the entry of minor offenders into the criminal justice system. As a start, these measures would potentially address the elements discussed under labeling theory, with African American youth not being brought into the system early and labeled as delinquents while also potentially reducing one of the strains of injustice faced by the demographic.
Finally, an aspect that has been discussed for decades but never brought into fruition, is the need to invest heavily into these urban black neighborhoods. They are undergoing a continuous cycle of the ‘broken window theory’ – without education, there cannot be a strong workforce, without a strong workforce, there can be no employment, without employment there can be no legal economy resulting in the rundown crime-driven communities.
Policies such as President Biden’s infrastructure bill take the first step towards this as it seeks to improve physical infrastructure but also addresses aspects of educational infrastructure and family inequality that could do a lot for struggling African American families. It is a tough cycle to break and there will be setbacks but truly building up inner city neighborhoods (not through gentrification, but through providing infrastructure and economy to locals) can gradually change the environment, as begin to reduce crime levels and participation as the social learning and strain theories will not be applicable from a criminological perspective.
References
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Agnew, R., & Scheuerman, H. (2015). Strain theories. Oxford Bibliographies. Web.
Crossman, A. (2020). An overview of labeling theory. ThoughtCo. Web.
Greene, C. (2012). Social learning theories. Ontario Ministry of Children, Community and Social Services. Web.
NAACP. (n.d.). Criminal justice fact sheet. Web.
Piquero, A. R., & Brame, R. W. (2008). Assessing the race-crime and ethnicity-crime relationship in a sample of serious adolescent delinquents. Crime and Delinquency, 54(3), 390–422. Web.
Piquero, N. L, & Sealock, M. D. (2010). Race, crime, and general strain theory. Youth Violence and Juvenile Justice, 8(3), 170–186. Web.
Ross, W. (2017). Social learning theory a African American males exposed to violence. International Journal of Social Science and Business, 2(5), 19-27. Web.
Simons, R. L., & Burt, C. H. (2011). Learning to be bad: Adverse social conditions, social schemas, and crime. Criminology; An Interdisciplinary Journal, 49(2), 553–598. Web.
The Sentencing Project. (2018). Report to the United Nations on racial disparities in the U.S. criminal justice system. Web.
Valdimarsdóttir, M. (2020). Examining the contextual effects of racial profiling, and the long-term consequences of punitive interventions: Testing labeling theory with the national longitudinal study of adolescent to adult health data [Ph.D. Dissertation]. City University of New York. Web.