Classical theory Beccaria On crime and Punishment 1764

Classical theory Beccaria: On crime and Punishment (1764) n Justice was chaotic, corrupt; governments were monarchies (divine right of kings) n Essay was a protest and a blueprint for government and justice n Advocated: social contract doctrine and utilitarianism, rationality of man, and the pleasure/pain principle n

Classical (continued) He advocated the need for: n Clear criminal laws n Swift and certain punishment n A scale of crimes and punishment n Punishments should be no more severe than necessary, or they will not be perceived as just, and the people would revolt n

Classical theory (continued) n People are rational. If they know that punishment is swift, certain, just, and sufficiently severe, they will decide to obey rather than violate the law. n The crime would not be worth the punishment. Choices can be controlled by fear of punishment.

Deterrence research Deterrence: a legal threat designed to prevent/control criminal behavior n Assumes that people are rational, want the goods and services crime provides, and will commit crime if they do not fear being caught and punished n An inverse relationship should exist between crime and certainty, swiftness and severity of punishment n

Deterrence research (continued) Until recently, little research n Deterrence assumed to be true n Two types of research n u objective measure research u perceptual research

Objective measure research Compare arrest, conviction and sentencing data n If these numbers increase, crime should decrease--people should be deterred n Some research support n However, methodological problems occur n u measurement problems u impossibility of controlling other factors

Objective measures Increased patrol: Kansas City Patrol Experiment--no effect n Aggressive crackdown seem to have an initial effect, I. e. , tough drunk driving laws, “speed traps” Tends to dissipate over time if the risk of being caught is small n New York subway experiment n

Deterrence and the death penalty Since capital punishment is the most severe, it should have a deterrent effect n Sellin examined contiguous states with and without the death penalty, and did not find an effect n comparative studies--homicide rates declined in over half of countries when they abolished the death penalty n

Death penalty continued Effect of public execution: short-term decline, then no effect n A study by Ehrlich claimed a deterrent effect, but no other research has found support for his conclusions n Murder might not be a good example for showing a deterrent effect, as it often is not a rational act. n

Conclusions Little is known about the effects of swiftness of punishment n Certainty of apprehension (or the perception of certainty) has the most impact n Severity has no effect unless certainty of punishment is increased n Inability to catch offenders, rather than sentencing, is the weak point of the CJS n

Perceptual Research Survey technique: ask people if they believe they will be caught, compare to their self-report of offending n Law-abiding people believe they will get caught; criminals estimate the odds are much lower n Panel studies: those who commit crimes lower their estimates--experiential effect n

Perceptual research (continued) Whether individuals are deterred depends on individual characteristics: n moral development n gender n social class n impulsivity n thrill-seeking/risk taking n

Other deterrents Informal sanctions n disapproval of family and peers n guilt n a moral code n loss of reputation n loss of material goods n

Informal deterrents (continued) Formal deterrents ranked highest n For more serious crimes, informal deterrents also important n For less serious crimes, formal deterrents are the most important n Informal deterrents thought to be the most important for law-abiding people n If there were no punishment, would you commit crimes? n

Rational choice Ask criminals about their choices n do they assess: risk of apprehension, seriousness of punishment, value of the criminal enterprise n Would-be offenders might react to the characteristics of the particular situation in deciding whether to commit a crime n

Rational choice (continued) Given enough opportunity, anyone might commit a crime if motivated n Some crimes obviously have a rational basis n Professional burglars n Broken windows concept n Such crime might be discouraged n “Target hardening” n

Crime prevention Home security systems n Dead-bolt locks and steel doors n High intensity street lighting n Neighborhood watch n Risks and effort should outweigh the potential benefits n

Why deterrence is limited Many crimes may be impulsive, or committed under the influence of alcohol and drugs. Such criminal might not be rational. n Crimes committed by those who have nothing to lose n We cannot detect many crimes without a much more extensive surveillance system n