Chapter 5 The Development of Rational Choice Theory

Chapter 5 The Development of Rational Choice Theory Criminology 8 th edition Larry J. Siegel © 2003 Wadsworth Publishing Co.

From Classical Choice Theories to Modern Rational Choice Views The basis of this perspective over time has dealt with four key relationships: n 1) Law n 2) Crime n 3) Punishment n 4) Deterrence

Question Do you think that a criminal act is a matter of “rational choice? ” In order for behavior to be rational must this behavior be learned first, in order to make a structured choice of crime?

Core Concepts of Choice or Classical Criminology People choose all behavior, including criminal behavior. Derived from the notion of free-will. People’s choice can be controlled By the fear of punishment. The more severe, certain and swift the punishment, the greater its ability to control criminal behavior. Punishment must also be proportional to the crime.

Four Utilitarian Objectives of Punishment To prevent all criminal offenses. When it cannot prevent a crime, to convince the offender to commit a less serious one. To prevent a crime To ensure that a criminal uses no more force than as cheaply as possible. is necessary.

Beccaria – Classical Theory l Rational Choice --------------------------Bentham – Classical Theory l Utilitarianism --------------------------8 th Amendment – U. S. Constitution l Cruel and Unusual Punishment

Choice Theory 70’s in the and 80”s n National surveys fail to find rehabilitation programs “that work, ” i. e. , Martinson’s What Work’s. n Thinking About Crime by James Q. Wilson debunks view that crime was a function of external forces. n Wilson proposes a forceful reaction to crime, otherwise, those sitting on the fence will get the idea that “crime pays”

1980’s - Crime Control n Dim view of rehabilitation n Conservative view takes over, i. e. , Ronald Reagan n Federal Sentencing Guidelines enacted and elimination of federal parole n State sentencing guidelines in 22 states n Mandatory Minimums, i. e. , drug crimes n Just deserts policies, i. e, lex talionus and the retributive philosophy

Research indicates that crime pays relatively little. Criminals tend to overestimate the money they receive from crime Criminals believe there is no choice, legitimate work is not available. Criminals are overly optimistic about getting away with each individual crime

QUESTION If crime pays relatively little, why are there so many criminals?

Choice Theories: Rational Choice n n MAJOR PREMISE Law-violating behavior is an event that occurs after offenders weigh information on their personal needs and the situational factors involved in the difficulty and risk of committing a crime. n STRENGTHS n Explains why high-risk youth do not constantly engage in delinquency acts. Relates theory to delinquency control policy. It is not limited by class or other social variables.

Rational Choice Theory n Rational choice theory is based on the concept of the “reasoning criminal, ” i. e. , risk/punishment – value/gain. n Rational choice theory is offender specific – offender criminality is a result of structured behavior as opposed to a random act. n Rational choice theory is offense specific – offenders react selectively to the characteristics of a particular offenses.

Rational Choice Theory n Rational choice theory is concerned with conditions which promote crime and enhance criminality. n Rational choice theory is concerned with situational crime prevention, i. e. , reducing opportunities to commit crimes. n Both Jeffery and Clarke propose strategies to reduce the overall crime rate by controlling the environment and specific targets, i. e. , defensible space – they focus on eliminating criminal opportunity in residential areas.

Rational Choice and Routine Activities n Routine activities provides a macro view of crime, rational choice theory provides a micro view of why individuals offenders decide to commit specific crimes. The connection between the two theories: target vulnerability is a consideration ¨ presence of capable guardians may deter crime ¨ crime rates correspond to the number of motivated criminals. ¨ n The strength of this approach is that it can explain fluctuations in crime and delinquency rates and shows how victim behavior can influence criminal choices.

Personal Factors Associated With Why People Choose Criminality Learning and experience, i. e. , limitations Perceptions of economic opportunity, i. e. , legal opportunity vs. illegal profit/benefit Learning Criminal Techniques, i. e. , type of crime, time and place, and specific crime target

Structuring Crime Not only do criminal structure their career but they rationally choose: ¨ The type of crime to commit ¨ Where ¨ Who ¨ The it occurs or what will be the target time the crime will be committed

How Are These Behaviors the Product of Rational Thought? n Street Are there different definitions of “rational”? n Drug Crime Use n Violence

QUESTION What can a criminal “gain” from criminal activity?

Benefits or “Gains” from Crime n Illicit earnings: Cash, property, drugs, etc. n Power: Control of their environment n Establishing or proving themselves within the criminal enterprise n Self-esteem n Short-term problem solving n Increased feeling of competence, assertiveness, and/or power as a result of antisocial acts

Situational Crime Prevention Increasing Perceived Effort 1. Target hardening 2. Access control 3. Deflecting offenders 4. Controlling facilitators Reducing Anticipated Rewards 9. Target removal 10. Identifying property 11. Reducing temptation 12. Denying benefits Increasing Perceived Risks 5. Entry / exit screening 6. Formal surveillance 7. Surveillance by employees 8. Natural surveillance Inducing Guilt or Shame 13. Rule setting 14. Strengthening moral condemnation 15. Controlling disinhibitors 16. Facilitating compliance

Three Factors of Situational Crime Prevention n Diffusion n Discouragement n Displacement

Rational Choice and Philosophies of Punishment

QUESTION Should offenders be punished on the basis of whether they deserve to be punished, or should they be punished based on the premise that it may affect or deter their future behavior?

Deterrence The punishment philosophy that says punishment’s aim is to prevent future offenses by setting an example for both the offender and others; i. e. , specific and general.

General Deterrence The version of deterrence that seeks to prevent crime by using punishment to show others who are considering a criminal act that they will suffer painful consequences if they commit that act.

Choice Theories: General Deterrence n MAJOR PREMISE n STRENGTHS n People will commit crime and delinquency if they perceive that the benefits outweigh the risks. Crime is a function of the severity, certainty, and speed of punishment. n Shows the relationship between crime and punishment. Suggests a real solution to crime.

Studies of General Deterrence n There is little clear cut evidence that the perception or reality of punishment can deter most crime. n The certainty of punishment seems to have a greater influence on the choice of crime than the severity of punishment.

Specific Deterrence n The version of deterrence that seeks to prevent crime by using punishment to show the criminal that the criminal act was undesirable because it brought more pain than pleasure. Possible problems include: n Chronic offenders may increase their rate of offending or defiance. n Juveniles may experience leniency in punishment. n The effect of specific deterrence as a punishment strategy is uncertain.

Choice Theories: Specific Deterrence MAJOR PREMISE n If punishment is severe enough, criminals will not repeat their illegal acts. STRENGTHS n Provides a strategy to reduce crime. .

Testing The Assumption That Capital Punishment Deters Violent Crime n Studies that have tested this assumption have focused on: ¨ Immediate impact ¨ Comparative research ¨ Time-Series Studies What do these studies show?

Incapacitation The punishment philosophy that says punishment’s aim is to prevent an offender’s freedom to move about. Traditionally, this was accomplished by placing the offender in prison, but recent technology suggests that incapacitation might also be achieved with tools like electronic monitoring.

Choice Theories: Incapacitation STRENGTHS MAJOR PREMISE n Keeping known criminals out of circulation will reduce crime rates. n Recognizes the role opportunity plays in criminal behavior. Provides a solution to chronic offending.

Questions What is the difference between traditional incapacitation and “selective incapacitation” models? How does “aging out” relate to incapacitation models?

Selective Incapacitation Under this version of incapacitation, imprisonment is used only for a select group of especially dangerous repeat offenders whose freedom of movement must be restricted to protect society. Example: “Three Strikes and You’re Out Policies”

QUESTIONS Are criminals rational decision makers or, are they motivated by uncontrollable psychological and emotional drives? If you were caught by police while shoplifting, which would you be more afraid of: receiving criminal punishment or, having to face your friends or relatives and experience shame and embarrassment?