Racial Stereotypes, Extended Criminalization, and Support for Breed-Specific Legislation: Experimental and Observational Evidence

• Author: Andrew J. Thompson,Jonathan Intravia,Justin T. Pickett
• DOI: 10.1177/2153368719876332
• Published date: 01 April 2022
• Date: 01 April 2022
• Subject Matter: Articles

Racial Stereotypes,

Extended Criminalization,

and Support for Breed-

Specific Legislation:

Experimental and

Observational Evidence

Andrew J. Thompson

1

,

Justin T. Pickett

1

, and Jonathan Intravia

2

Abstract

Scholars have long argued that behaviors and objects associated with criminally ste-

reotyped minority groups can themselves becomestereotyped and criminalized,leading

to increased punitiveness. Yet, this extended criminalization hypothesis requires the-

oretical development and direct empirical investigation. To address this issue, we seek

to test the concept of extended criminalization, which posits that behaviors associated

with racial and ethnic groups accentuate and aggrandize perceived threat of minority

groups through a reinforcing process. We examine the extended criminalization

hypothesis in the context of breed-specific legislation (BSL). Using data from a survey-

based experimentconducted with a sample of young adults from two universities (N¼

525), we test the effects of racialpriming on support for laws banning pit bulls. Findings

from the experimental manipulation are supplemented with observational findings using

measures of racial stereotypes of pit bull owners and breeders. Respondents in the

treatment andcontrol groups did not significantly differ in theirlikelihood of supporting

BSL, and the same was true when analyzing Whites separately. The observational

findings wereconsistent with the experimentalfindings. The findings do notsupport the

extended criminalization hypotheses. Neither racial priming nor stereotypes of pit bull

owners and breeders were associated with support for BSL. We outline additional

avenues for research on the extended criminalization hypothesis.

1

School of Criminal Justice, University at Albany, SUNY, NY, USA

2

Department of Criminal Justice and Criminology, Ball State University, Muncie, IN, USA

Corresponding Author:

Andrew J. Thompson, School of Criminal Justice, University at Albany, SUNY, 135 Western Avenue,

Albany, NY 12222, USA.

Email: ajthompson@albany.edu

Race and Justice

ªThe Author(s) 2019

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/2153368719876332

journals.sagepub.com/home/raj

2022, Vol. 12(2) 303–\ 321

Article

Keywords

extended criminalization, mino rity threat, racial stereotypes, racial stigma, breed-

specific legislation

[M]ost marijuana smokers are Negroes, Hi spanics, Filipinos, and entertainers. Their

satanic music, jazz and swing results from marijuana usage. This marijuana causes white

women to seek sexual relations with Negroes.

Harry Anslinger, as cited in Schlussel (2017)

Critical theories of crime accentuate the role of the criminal justice system in preser-

ving class boundaries and controlling minority groups (Liska & Chamlin, 1984;

Quinney, 1977). Similarly, scholars argue that various behaviors and objects have

become criminalized or otherwise treated punitively due to their connection to minor-

ity groups, either in an effort to maintain racialized control (Alexander, 2010) or to

achieve political gain (Beckett, 1994). Marijuana and crack cocaine, for example, are

paragons of such extended criminalization. The Marihuana Tax Act of 1937—legis-

lation championed by Harry Anslinger (quoted above)—and the federal 100:1 crack

cocaine law disparities had underlying racist motivations (Beckett & Sasson, 2004;

Reinerman & Levine, 1989).

At first glance, breed-specific legislation (BSL) is a less obvious context in which

the extended criminalization hypothesis would apply. BSL proscribes the ownership

of certain breeds or classifications of dogs within municipalities and most frequently

targets pit bulls (American Society for the Prevention of Cruelty to Animals, n.d.).

1

While these laws are said to be motivated by concerns for public safety, both the

Center for Disease Control and American Veterinary Medical Association (AVMA)

strongly discourage such an approach to preventing dog attacks, in part because there

is no reliable evidence to suggest that some breeds are more dangerous than others

(AVMA, n.d.; Sacks, Sinclair, Gilchrest, Golab, & Lockwood, 2000).

However, in recent decades, pit bulls have become associated with Blacks, gangs,

and inner cities (Burrows & Fielding, 2005; Delise, 2002; Dickey, 2017). Thus, one

contributing factor to public support for BSL may be the transfer of racial stereotypes

and criminalstigma long associated withinner-city Blacks to pit bulls.As Swann (2010,

p. 840) puts it, “breed-specific legislation may be driven by race- and class-related

anxieties.” Building on previous work documenting how drug offenses were treated

punitively because of their associations to race and class (Alexander, 2010; Becket &

Sasson, 2004), andusing both experimental and observational methods,we provide the

first test of whether racial associations and stereotypes influence support for BSL.

Theoretical Background: Stereotypes and Associative Stigma

Goffman (1963) described courtesy stigma, also known as secondary or associative

stigma, as stigmatizing attributes that do not just apply to the person with the moral,

304

Race and Justice 12(2)