Inequality in the Imposition of a Criminal Label

Florida law allows a judge the option of withholding adjudication of guilt from defendants who are being placed on probation. For persons accused of a felony, this step affords an opportunity to avoid the stigma associated with the status of “convicted felon.” Social and legal characteristics of 2,419 consecutive felony probation cases are examined to determine what kinds of persons are more likely to receive the privileged disposition of “adjudication withheld.” Inconsistencies in the imposition of the “convict” label were found, suggesting that defendants who are older, black, poorly educated, have a prior record, and are defended by a court-appointed attorney, are among the most likely to be so labelled. Lemert has argued that inconsistent application of penalties or stigma increases the likelihood of commitment to a deviant identity or career on the part of the accused. While these data cannot confirm Lemert's hypothesis, they do suggest that criminal labels are dispensed in such a manner that persons who are expected to be the most criminal (i.e., poorly educated, indigents, blacks) are given the greatest opportunity to develop a criminal identity or career.