Rational Choice Theory and Deterrence

feudalism: social system existing in medieval Europe in which people worked and fought for nodules who gave them protection and land in return
- No real law and order → plague → canon law
Demonology: crime comes from possession by evil spirits
During this time demonic possession would negate a persons free will and becomes powerless against evil forces driving them to commit crime
Practice of society having the right to punish the offender
Punishments were haphazard, irritational and arbitrary in nature in the absence of a definite principle of criminal justice

Thomas Hobbes (1588-1679)

1651– wrote “Leviathan”
- Man is NOT naturally good BUT naturally selfish and hedonist
  - Actions maximizes pleasure and minimizes pain
- Human motives are guided by self interest and if left unchecked, could be highly destructive
- Without any civil state to rule life, it would be…
  - Solitary, poor, nasty, brutish
  - A “war of Everyman against every man”
BECAUSE I WANT IT → I WILL COMMIT CRIME
Social Contract — people in their pursuit of their own interest will give up some freedoms to prevent war/disorder…expect to gain by giving (EX. Murder)

Cesare Beccaria (1738-1794)

criminological theory was NOT the goal
- Writings were to critique the system
- Wanted to guide reforms; desire to make both just and fair
Argued that the goal of punishment was to DETER crime rather than enacting retribution
- Punishment is about crime control NOT vengeance
Assumed rationality and free will
- Works argued that crime will be deterred if the pain from punishment exceeds the pleasures associated with the crime
- Civility MUST OUTWEIGH crime
Writes “An Essay on Crime and Punishments” where he critiques society and their treatment of crime and justice
- Laws are the conditions in which mean naturally and independently unite themselves in society
- Here they sacrifice the joys of hedonism (or at least parts of it ) for peace and security
- Judges have NO RIGHT to interpret penal laws because they are nOT legislators — they are enforces of the law. Dangers in laws lies within the obscurity of them
- Punishments must be proportional in such that is free from barbarism however more powerful than the motivation to commit crime
- Principles of punishment (severity and certainty)

RATIONAL CHOICE THEORY:

Crime is a function of decision making
- Decisions are made based on cost and benefit
Deterrence — the action of discouraging an action or event through instilling doubt or fear of the consequences

DETERRENCE AND PUNISHMENT:

TYPES OF DETERRENCE:

Marginal deterrence refers to relative effectiveness of punishment to fully stop the crimes form happening → scaling of punishment
- Larceny (misdemeanor vs felony)
Restrictive deterrence (partial deterrence) refers to situations in which the threat of punishment can reduce but not eliminate the frequency, severity, and duration of a crime
- Tickets for speeding
Specific deterrence
- Punishment applied to individual to prevent recidivism
General deterrence
- Vicariously preventing recidivism by society perceiving deterrence
  - 3 strike laws

RATIONAL CHOICE AND DETERRENCE TODAY:

Rational Choice and deterrence begin to die down during 1800s but saw a reemergence in 1970s
It was the idea the the removal of environmental explanations focused on the true cause of crimes
Advocates for more punishment — Nixon/Regan Era
Incapacitation Effect:
- The idea that keeping offenders in confinement will eliminate the risk of their committing further offenses
  - Life imprisonment
  - Death penalty
  - Solitary confinement
- 3 strike laws
  - Sentencing structure in which significantly harsher punishments are imposed on repeated offenders
  - 3 strike laws generally mandate a life sentence for the third violation of violent felonies
  - Appeals to public sentiments
Routine Acitivities Theory
- Because people are rational, crime will generally happen whenever their is…
  - A motivated offender
  - A suitable offender
  - Lack of capable guardianship (ex. CHP not around )

POLICY:

Situational Crime Prevention
- Seeks to reduce immediate and particular criminal opportunities
- Criminal acts can be prevented if…
  - Potential targets are carefully guarded
  - The means to commit crime are controlled
  - Potential offenders are carefully monitored
- Defensible space
Crime Prevention Strategies
- Increase effort needed to commit crime
- Increase risk of committing crime
- Reduce rewards of crime
- Induce guilt: increase shame
- Remove excuses
Many policies are based on deterrence theory: the premise that increasing the certainty and/or severity of sanctions will deter crime
Another policy flowing from classical and neoclassical models is adding more police officers to deter crime in a given area
Most of these strategies dont seem to work consistently to deter
Research findings suggest that people often carry out behaviors that they know are irrational or without engaging in rational decision making, which criminologists often refer to as bounded rationality
- Rationality is limited by our thinking capacity, the information that is available to us, and time. Instead of making the “best” choices we often make choices that are satisfactory

ISSUES: