Criminological Theory

Assignment Brief

SAC4012-B  Criminological Theory

Use an appropriate theory to explain why certain ethnicities are disproportionately convicted of crime

Sample Answer

Explaining Ethnic Disparities in Crime Convictions through Criminological Theory

The disproportionate conviction of certain ethnicities in the criminal justice system has been a persistent issue across various jurisdictions, particularly in Western societies. In the UK, for example, data from the Ministry of Justice consistently shows that Black, Asian and Minority Ethnic (BAME) individuals are more likely to be stopped, searched, arrested, and sentenced to prison than their White counterparts. Criminological theories offer valuable insight into understanding the root causes of these disparities. One of the most relevant theoretical approaches is Labelling Theory, supported by the sociological understanding of Institutional Racism and concepts from Critical Race Theory (CRT).

Labelling Theory

Labelling Theory, introduced by sociologist Howard Becker (1963), posits that deviance is not inherent in an act, but rather in the societal reaction to that act. The theory emphasises that individuals or groups who are labelled as “deviant” may internalise this label and act in accordance with it, a process known as a self-fulfilling prophecy. In the context of ethnicity and crime, racialised minorities are more likely to be stigmatised by the media, the public, and law enforcement. Once individuals from these groups are labelled as criminal, they are monitored more closely by authorities, leading to more arrests and convictions.

Empirical studies reinforce this. Research by Phillips and Bowling (2007) shows that Black individuals in the UK are disproportionately stopped and searched under police powers such as Section 60 of the Criminal Justice and Public Order Act 1994. Even though these searches do not result in higher rates of conviction or discovery of criminal activity, they contribute to the criminalisation of Black communities, consistent with the claims of Labelling Theory.

Institutional Racism

The Macpherson Report (1999), which followed the racially motivated murder of Stephen Lawrence, formally introduced the term "institutional racism" into public discourse in the UK. The report identified deep-seated racial biases within the Metropolitan Police Service, concluding that discriminatory practices could operate through policies, procedures, and behaviours that, even if not overtly racist, had racially unequal effects. Institutional racism aligns with Labelling Theory by demonstrating how systemic practices in the justice system can lead to higher rates of conviction among racialised minorities, regardless of actual criminal behaviour.

For example, charging decisions, bail applications, plea bargaining, and sentencing can all reflect institutional biases. Research by the Lammy Review (2017) revealed that BAME individuals were more likely to plead not guilty and opt for trial by jury due to a mistrust in the fairness of the system, which subsequently led to longer custodial sentences.

Critical Race Theory (CRT)

To further deepen this analysis, Critical Race Theory (CRT) provides a framework that connects systemic racism to broader historical and socio-political structures. CRT argues that racism is not simply the result of individual prejudice but is embedded in laws, institutions, and cultural narratives. It posits that legal systems often maintain the interests of dominant groups, in this case, the White majority, at the expense of racial minorities.

When applied to criminology, CRT helps explain why policing strategies and sentencing policies may seem neutral on the surface but produce racially disparate outcomes. For instance, the over-policing of predominantly Black neighbourhoods, combined with under-policing of White-collar crime, reflects a structural bias in definitions of crime and deviance.

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