Deterrence and Rational Choice Theories Medieval Criminal Justice

Deterrence and Rational Choice Theories

Medieval Criminal Justice • Trial by ordeal – Forced confessions • Severe public punishment – Burning (hell on earth) – Mutilation (body subordinate to soul) – “Ritual of a thousand deaths”

A Reform Movement • The Enlightenment – Faith in rationality, social contract theory • Depart from “supernatural” theory – The Classical School of criminology is born • Assumptions about human nature – Rational, autonomous, hedonistic, calculating

A Theory of Deterrence • On Crimes and Punishment, Beccaria (1764) – Punishment protects the social contract – Punishment should fit the crime, no more • Underlying theory – Prevention through deterrence is the primary justification for punishment • Condemned by the Catholic Church

Principles of Deterrence • To deter, punishment should be: – Certain • To increase fear of consequences – Swift • To make association with punishment – Severe enough to outweigh the pleasure of crime • Any more is “tyrannical, ” inefficient

Elaborations of Deterrence • • Specific v. general Punishment v. non-punishment Absolute v. restrictive Formal v. informal sanctions

Specific v. General Deterrence

Punishment/Non-Punishment Stafford and Warr (1993) • • Personal experience with punishment Personal experience avoiding punishment Vicarious experience with punishment Vicarious experience avoiding punishment • Determines the deterrent effect

Absolute v. Restrictive Deterrence • Absolute deterrence – Abstention • Restrictive deterrence – Less frequent – Less severe – Displacement

Empirical Research • There is moderate support for certainty, little to none for severity • Why does certainty seem to work better than severity? What does this tell us about how offenders think?

Formal v. Informal Sanctions • Informal = unofficial punishment – Disapproval from significant others – Feelings of remorse, guilt, shame – Expands the range of negative consequence • Informal sanctions enhance formal sanctions – But not for everyone, why?

In and Out and Back In Favor • Deterrence theory fell out of favor in the 1800 s, replaced by positivism • Deterrence reemerged in the late 1960 s as a rationale for punishment – Coincided with a renewed emphasis on offender deterrence and retribution within the criminal justice system

Practical Limits of Deterrence • • • Penalties often learned after arrest Underestimate risk of being caught Clearance rates are generally low Crime displacement may occur Rational abilities may be impaired – Drugs, alcohol, passion, mental disorder • Some people have little to lose

From Deterrence to Rational Choice • Deterrence theory focuses on the effect of punishment on criminal choices • Rational choice theory focuses on the effect of opportunity on criminal choices

Rational Choice Theory • Crime benefits the offender – Crime brings pleasure • People’s rationality is bounded – We gather, store, & use information imperfectly – We tend to focus on immediate gains, not longterm costs • Offenders focus on situational opportunities – Criminals are opportunistic

Rational Motivations for Crime • • To obtain something To obtain pleasure To obtain sex To obtain peer approval To prove toughness To escape negative or unwanted situations To assert dominance or get one’s way in a dispute To settle a grievance, revenge

Rational Choices? • A man beats his wife during an argument • A father rapes his stepdaughter • A man drives home drunk from a bar

Crimes that are not rational?

Cheating on Exams • How would we control cheating using a rational choice perspective? – Assumptions about cheating – Interventions to prevent cheating

Assessment of Choice Theory • Opportunity rather than punishment – Offenders tend to ignore long-term costs • Situational factors rather than enduring motivational factors – Assume the presence of criminal motivation – Focus on offenders’ assessments of their immediate situations

Implications for Policy • Situational crime prevention – Reduce crime by blocking opportunities • Consistent with the CJ emphasis on responsibility and punishment – All crime is based at least in part on a choice • Attempt to make criminal choices less attractive by reducing opportunities

Is there a place for morality in rational choice theory?