SOC 225 part 2

Week 5: Choice Theory

Introduction to Choice Theory

• Desistance: The decline in crime rates as offenders age, known as the "aging-out process".

• Choice Theory: A framework explaining law-breaking behavior driven by factors such as thrill-seeking, greed, revenge, or cessation of fun.

  • Key Concepts:

    • Situational crime prevention

    • General deterrence

    • Specific deterrence

    • Incapacitation

Development of Classical/Choice Theory

• Core Concepts:

  • Utilitarianism: Society should aim for the greatest good for the maximum number of people.

  • Individuals make behavioral choices, including criminal ones.

  • Social Contract: Violating or harming others breaches this agreement with society.

  • Laws should not legislate morality and must ensure:

    • Presumption of innocence without torture.

    • Written laws with pre-determined punishments.

    • Punishments should deter crime and be graduated, swift, certain, and severe.

    • Irrational or unjust laws are violations.

    • Control through fear of punishment is a means of deterrence.

Jeremy Bentham

• Popularized Cesare Beccaria’s ideas in Britain.

• Advocated that laws should promote total happiness within the community.

• Main Objectives of Punishment:

  1. Prevent all criminal offenses.

  2. Encourage the least serious crime possible.

  3. Limit force used by criminals.

  4. Prevent crime economically.

Week 5: Choice Theory Resurgence

Panopticon

• Developed by Bentham as a theoretical crime control structure, ensuring compliance through risk of observation.

Classical Theory in Law

• Adopted in France in 1789 through the Declaration of the Rights of Man.

• Emphasized that laws should only restrict behavior harmful to society and punish strictly as necessary.

  • The 19th century saw a decreased reliance on torture and a rise in incarceration without proportional punishment.

Resurgence of Choice Theory in the 1970s

• Influenced by James Q. Wilson's critiques of positivist perspectives.

  • He argued:

    • Crime isn’t caused by poverty/social conditions.

    • Criminals lack inhibition and prioritize excitement.

    • Severe punishments deter all but irrational actors.

  • Era marked by conservative shifts in public policy.

Offense-Specific vs. Offender-Specific Crimes

• Offense-Specific Crime: Focused on the specific characteristics of offenses, e.g., evaluating targets, ease of escape, and likelihood of capture (burglary example).

• Offender-Specific Crime: Involves evaluating skills in committing crimes; recognizes that not all criminals continuously offend.

Structuring Criminality and Crime

Factors Influencing Criminality

• Economic Circumstances: Desistance occurs if crime earnings are low compared to legal opportunities.

• Risk Perception: High perceived risks reduce the likelihood of crime.

• Traits of Criminal Lifestyle:

  • Feelings of entitlement.

  • Low self-control.

  • Disregard for punishment.

  • Stress or personal issues.

Structuring Crime Decisions

• Location: Preference for undetectable and low-risk environments.

• Target Characteristics: Favorable conditions for offenders (family not home, absence of pets).

• Techniques: Methods employed to avoid detection (e.g., hiding drugs).

Rational Choice and Routine Activities Theory

• Rational Choice Theory: Criminal behavior is influenced by a decision-making process weighing risks and benefits.

  • Routine Activities Theory: Crime results from daily routines; depends on the availability of suitable targets, capable guardians, and motivated offenders.

• Three Key Variables Affecting Crime:

  • Suitable targets, motivated offenders, capable guardians.

Crime Rationality: Special Cases

Street Crimes

• Various forms of crime (e.g., auto theft, sex work) are intentional and planned around minimizing risks.

  • Example: Auto theft often involves specific target selection.

Drug Use

• Driven by peer networks for recreational users; heavy users develop methods to avoid detection and risks.

Violence as a Rational Act

• Generally not an instrumental crime.

• Rational thinking behind violent acts can include revenge or provocation.

Crime Control Strategies Based on Choice Theory

Situational Crime Prevention Strategies

• Deny access to motivated offenders.

• Implement home security systems as a deterrent.

Deterrence Strategies

General Deterrence

• Foster fear of consequences; employs methods like mandatory sentencing.

Specific Deterrence

• Target known offenders with harsher punishments to reduce recidivism.

Incapacitation Strategies

• Incarcerate offenders to remove them from society, which is costly and often leads to non-dangerous offenders being imprisoned.

Social Process Theories

Introduction to Social Process

• Crime is seen as a consequence of socialization through family and institutions.

• Primary Socialization (family) vs. Secondary Socialization (institutions).

Social Learning Theory

• Behavior modeled through human interactions; earlier influences shape later behavior patterns.

• Differential Association Theory: Crime is learned through contacts with pro-crime attitudes and values.

Labelling Theory

• Focuses on how behaviors are framed by others’ perceptions.

• Acts become deviant based on labels attached by society.

Cultural Deviance Theory

Culture Conflict

• Middle-class and lower-class norms often clash, resulting in conduct norms outside societal expectations.

Issues with Lower-Class Culture

• Many individuals from lower-class backgrounds do not engage in criminal behavior.

• Environmental factors alone cannot explain criminality.