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The Development of Rational Choice Theory • Roots in the classical school of criminology developed by Cesare Beccaria. Beccaria called for fair and certain punishment to deter crime Beccaria argued against marginal deterrence which refers petty offenses being subjected to same punishment as more serious crimes docsity.com The Development of Rational Choice Theory • Choice Theory Emerges Choice theory re-emerged in the 1970s A significant increase in the reported crime rate and the media depictions of criminals helped to create public fear of crime James Q. Wilson helped debunk the positivist view that crime was a function of external forces Coinciding with Wilson’s view was the conservative shift in U.S. public policy, which embraced his notions Many opponents of abortion became ardent supporters of the death penalty and the conservative “get tough” attitude prevailed despite the anguish of liberal followers docsity.com The Concepts of Rational Choice • Offense-and Offender-Specific Crime Offense specific refers to offenders reacting selectively to the characteristics of particular crimes (evaluating a target victim) Offender specific refers offenders engaging in random antisocial acts (evaluating skills, motives, needs and fear) docsity.com The Concepts of Rational Choice • Structuring Criminality Personal factors condition people to choose criminality such as significant financial rewards (I.E. Ivy League Hooker) Criminals may learn the limitations of their powers; when to take a chance and when to be cautious Criminals report learning techniques that help them avoid detection (I.E. Jacobs’ study of crack dealers) docsity.com Is Crime Rational? • Is Drug Use Rational? Research seems to indicate from it onset drug use is controlled by rational decision making Drug dealers show signs of rationality and cunning in their daily activities (I.E. Women being drawn into drug dealing) docsity.com Is Crime Rational? • Is Violence Rational? Rational Robbers: • Street robbers are likely to choose victims who are vulnerable • About three-fifths of robbers avoid victims who may be armed and dangerous • Robbers tend to pick the time, day, and targets carefully docsity.com Is Crime Rational? Rational Killers: People who carry guns do so for rational reasons Serial murderers are the most rational of all offenders Serial murderers choose defenseless victims rather than potentially powerful people • Rational Rapists: Serial rapists show rationality in their choice of targets docsity.com Eliminating Crime • Increase Efforts Increase the effort needed to commit crime (using unbreakable glass) Steering locks on cars Locking devices to prevent drunk drivers from starting vehicles Curfew laws docsity.com Eliminating Crime • Reduce Rewards Removable car radios Gender-neutral phone listings Tracking systems (Lojack) docsity.com Eliminating Crime • Increase Risk Crime discouragers (Marcus Felson) • Guardians who monitor targets • Handlers who monitor potential offenders • Managers who monitor places docsity.com Eliminating Crime • Situational Crime Prevention: Costs and Benefits Hidden Benefits: Diffusion • Occurs when efforts to prevent one crime unintentionally prevents another • When crime control efforts in one locale reduce crime in other non-target areas Discouragement: • Occurs when crime control efforts targeting a particular locale help reduce crime in surrounding areas and populations (I.E. SMART in Oakland, CA) docsity.com Eliminating Crime • Hidden Costs: Displacement Crime is not prevented but simply re-directed, deflected, or displaced to a more vulnerable area • Extinction: Phenomenon in which crime reduction programs may produce short-term positive effects but criminals adjust to new conditions Dismantling of alarms Trying new offenses previously avoided (robbery instead of burglary) docsity.com Eliminating Crime • General Deterrence General deterrence strategies hold that crime rates are influenced and controlled by the threat of punishment Factors of severity, certainty, and speed of punishment may also influence one another Deterrence theorists suggest certainty has more of an impact than severity or speed docsity.com Eliminating Crime • Severity of Punishment and Deterrence There is little consensus that the severity of punishment alone can reduce crime Capital punishment does not appear to deter violent crime Informal Sanctions: May have a greater crime reducing impact than the fear of formal legal punishment • Sanctions administered by significant others such as parents, peers, neighbors, and teachers Shame and Humiliation: Fear of shame and embarrassment can be a powerful deterrent • Spouse abusers are more afraid of the social costs Informal sanctions may be more effective for instrumental crimes docsity.com Eliminating Crime • Critique of General Deterrence Rationality: Some criminals are desperate and calculated choices become reasonable alternatives Need: Desperate people who are cut off from the rest of society may not be deterred by punishment Greed: Profits may outweigh the risks of getting caught Severity and Speed: Only 10 percent of all serious offenses result in apprehension docsity.com Eliminating Crime • Specific Deterrence Sanctions so powerful than known criminals will never repeat their criminal acts (I.E. life in prison-death penalty) Incarceration: about two-thirds of all convicted felons are rearrested (recidivism) Criminals who receive probation are less likely to recidivate than those sent to prison docsity.com Eliminating Crime The logic behind Incarceration: • Incarceration should work since people are locked up but it does not deter them from future offending • Exposes young offenders to greater risks • Imprisoning established offenders may open new opportunities such as drug markets • Most young offenders are not sent to prison, which may negate the impact of incarceration • The incapacitation strategy has resulted in an ever expanding prison population docsity.com Eliminating Crime Selective Incapacitation • Designed to incapacitate chronic offenders • Habitual offender laws (three-strikes) • Criminologists suggest such strategies may not work due to 1) most three-time losers are on the verge of aging out, 2) current sentences are already severe, 3) expanding prison populations will drive up the costs of prison, 4) there is racial disparity in such sentencing, 5) increased danger for police arresting a third-time loser with nothing to lose by killing police, and 6) the prison population already has the highest frequency criminals docsity.com Public Policy Implications of Choice Theory • Choice theory Influences the relationship between law, punishment, and crime. Just Desert: Severity of punishment commensurate with the seriousness of the crime • Those who violate others’ rights deserve to be punished • We should not deliberately add to human suffering; punishment makes those punished suffer • However, punishment may prevent more misery than it inflicts Desert theory is also concerned with the rights of the accused: punishment should be the same for all people The model suggests that retribution justifies punishment docsity.com