Overview of Classical Criminal Theory and Rational Choice Theory, Exams of Law

Download Overview of Classical Criminal Theory and Rational Choice Theory and more Exams Law in PDF only on Docsity! REHB3062, Week 2 OVERVIEW OF CLASSICAL CRIMINAL THEORY AND RATIONAL CHOICE THEORY Traditional Classical Theory Ø approach founded in 19th century by criminologist Cesare Beccaria – underlies our common understanding of criminality + underpins the development of criminal law (which is based on free choice – notion that ppl have the ability to freely choose or not choose to commit a crime). Ø Classical theory includes a no. of related approaches – (1) Class i ca l Theory , (2) Neoc lass i ca l Theory + (3) RCT (most recent version of these approaches) (1) Classical Theory + Neoclassical Theory à principles of human behaviour: Ø all human beings possess the ability to make choices + decisions about their own actions. Ppl are aware of what is right + what is wrong – importance of reason in understanding human behaviour. Ø The Law presumes that those who commit crime choose to do so. Crime involves choice, the weighing up of advantages/disadvantages of an action Ø The punishment for breaking the law must fit the crime – the more heinous the crime, more severe the punishment (purpose of punishement = DETERRENCE) Ø Neo Class i ca l Theory – some classical theorists believed that some human beings are less rational than others. Thus, crime committed by a ‘less’ responsible/rational being is less guided by reason (knowledge of right + wrong) and is therefore worthy of some reduction in punishment (Free Wil l can be inhib i t ed in some s i tuat ions whi ch may Mit iga te persona l r e spons ib i l i t y ) - the punishment can be reduced according 2 what r judged as the limitations of the person when they commit crime - these are called “mit igat ing c i rcumstances” – allow the courts to reduce punishment for a crime. - Less rational persons can be kids, ppl w/ MI, intellectual handicap … - When notion of mitigating circumstances introduce into classical theory – became known as neoclassical theory (2) Neoclassical Theory Ø A continuation of classical crime theory tradition Ø main contribution to field of criminology = understanding of individual differences of perpetrators (brought in notion of MITIGATING CIRCUMSTANCES) Ø found some ground level b/w classical theory (complete focus on crime explanation) and positivism (complete focus on behaviour prediction) Ø Neo – crime is a result of many conditions that have ultimately influenced the perpetrator to commit it. Ø NCT considers age, gender + social class of the perpetrators – exempts certain categories of persons from free will (MI, juveniles…) (3) Rational Choice Theory Ø same as classical but added assumption that person also weighs up costs of being caught Ø criminal acts may be committed by any one person but may not commit it if they feel the cost is too high Ø offenders are decision-makers – their choices r directed by the values, the costs + likelihood of obtaining desirable outcomes (less focus on the individual, more focus on situational factors leading to offenses) à ppl commit crimes when they view the outcome as beneficial Ø situational variables are relevant to any comprehensive/coherent explanation of criminal behaviour/events Ø requires opportunity + motivation Additional (Discussion) Notes for Week 2 Ø What is a criminal? – raises all such of issues s/as: - is a criminal a person who is in some way evil/morally bereft? - Are they born that way or do they become criminals as a result of their enviro + upbringing? - Or are we all capable of being criminals given the right circumstances irrespective of our genes and upbringing? All that is needed is the temptation to benefit from committing a crime? - Thus, is committing a crime simply a matter of choice? Classical Theory Ø most significant of all criminal theories (Enlightment) – has led to no. of more recent approaches using classical ideals Ø some significant points (other notes above): 1. classical theory came up with the view of the human being as a rational being. Reason is what separated us from other animals. 2. Ideas of human nature in the enlightment period: - human beings r rational + even criminals use their reason in the committing of crimes - criminal acts are a result of weighing up the pros + cons of undertaking criminal activity + choosing most beneficial outcomes [Bentham – Utilitariansim] (crime occurs when benefits outweigh the costs) - there’s no such phenomenon as ‘born’ criminal - criminal behaviour is not ‘caused’ by any prior events but is a result of an outcome of choice by the individual - thus, we can’t divide the world up into those who are a ‘potential’ criminal and those who are not as every person is a potential criminal!!! - If a criminal act is a result of choice – only way of dissuading these choices is to create laws that render it undesirable + unprofitable. This takes form of punishments, fines + jail. H/e, execution or physical pain not held as useful by most classical theorists. Week  2  Reading  Notes   “Class i c Schoo l o f Crimino logy” Ø classical criminology Ø Beccaria Ø A more rational approach to punishment Ø Utilitarianism – behaviour is purposeful and not motivated by supernatural forces Ø Deterrence Ø Punishment + sentences – proportionate to the seriousness of the crime à Cesare Beccaria Ø Beccaria was a true law reformer. He single handedly transformed the criminal justice system of all Europe + indirectly of the rest of the world Ø The purpose of punishment is Deterrence, Ø Punishment should be imposed in order to prevent offenders from committing additional crimes. It’s a tool, not an end in itself. Ø To help prevent crime, punishment should be: swift, severe + certain. But only severe enough to outweigh the personal benefits derived from the crime commission. Ø Beccaria condemned the torture of suspects Ø Innocent until proven guilty Ø No penalty unless sentenced by court of law, unless proved that he committed the crime à Beccaria’s theory: criminals have control over their behaviour, they choose to commit crimes and they can be deterred by the threat of punishment