Chapter 3

Chapter 3: Individual Causes of Delinquency

The Classical School and Juvenile Delinquency

• Historical roots in the eighteenth-century classical school of criminology.

• Delinquents are presumed to have free will and rationality, deserving punishment over treatment.

• Delinquency viewed as purposeful, driven by a rational decision-making process weighing pros and cons.

Founders of the Classical School

Key Figures

• Charles de Secondat, Baron de Montesquieu (1747)

  • Advocated against severe punishments for crime in "On the Spirit of the Laws."

• Cesare Bonesana, Marquis of Beccaria (1764)

  • Proposed punishment should be public, immediate, proportionate, and determined by laws.

  • Stressed the importance of swift and certain punishment.

• Jeremy Bentham (1780)

  • Suggested punishment deters crime if proportionate.

  • Identified four objectives of punishment:

    1. Prevent all offenses if possible.

    2. Persuade offenders to choose lesser offenses.

    3. Minimize harm to society.

    4. Achieve crime prevention at minimal cost.

Theoretical Constructs of the Classical School

• Human beings as rational creatures capable of responsible action.

• Shift from theological determinism to free will in understanding criminal behavior.

• Justification of punishment based on utility, aiming for societal protection.

• Emphasis on deterrence as the dominant theme.

• Rational scale of punishment necessary to outweigh benefits of crime.

• Equal justice under law, with acts judged regardless of beliefs.

Rationality and Delinquency

• The 1970s-80s saw an academic shift towards viewing crime as rational choice.

• Ecological Tradition and Market Theory:

  • Suggests offenders make rational choices based on crime distribution data.

• Economic Analysis:

  • Criminals are rational decision-makers acting in response to incentives.

Rational Choice Theory

• Emphasizes that criminality results from conscious choices where perceived benefits outweigh costs.

• Extends classical school deterrence doctrine, reinforcing the concept of free will.

The Routine-Activities Approach

• Examines crime-rate trends in relation to daily social interaction patterns.

• Posits three main variables influencing predatory crime:

  1. Suitable targets.

  2. Absence of capable guardians.

  3. Presence of motivated offenders.

Perspectives of Rational Choice and Routine Activities

• Theorist(s) and Principles:

  • Rational Choice (Paternoster): Not reliant on complete information for behavior to occur.

  • Routine Activities (Cohen and Felson): Focused on target availability, guardianship, and motivated offenders.

  • Routine Activities (Messner and Tardiff): Framework for understanding homicides in Manhattan.

  • Routine Activities (Osgood et al.): Peer socialization and authority absence as crime catalysts.

Rational Choice and Delinquency

• Rational choice theory posits delinquency is planned, involving:

  1. Scheme formulation.

  2. Assessment of alternatives.

  3. Selection of a course of action.

  4. Execution of actions for desired outcomes.

Philosophy of Punishment

Types of Deterrence

• General Deterrence: Punishing one as a warning to others.

• Specific Deterrence: Aims to prevent repeat offenses by the individual.

• Incapacitation: Physically restraining offenders to protect society.

Positivism and Delinquency

• Laws governing human behavior akin to sciences; influenced by biological and psychological factors.

• Delinquents' choices often altered by identifiable biological/psychological influences.

Assumptions of the Positivist Approach

1. Individual character and background as key to delinquent behavior.

2. Determinism exists—delinquency shaped by prior causes.

3. Delinquents differ fundamentally from non-delinquents, requiring identification of influencing factors.

Biological and Psychological Positivism

• Explains delinquency through three forms: biological, psychological, and sociological.

Biological Positivism

• Early belief linking biological traits to delinquency; divided into two periods:

  • **Nature vs. Nurture (19th-20th centuries)

  • Cesare Lombroso's Influence: The rooted belief in the born criminal.

Lombroso and the Born Criminal

• Atavistic Criminal Theory: Suggests born criminals display primitive evolutionary traits leading to delinquency.

Contemporary Biological Positivism

• Sociobiology: Interaction of biology and the environment correlates with delinquent behavior.

• Potential associations with eugenics create contemporary avoidance of certain biological theories.

Twin and Adoption Studies

• Genetics indicated through twin and adoption research to support theories of behavior similarities among relatives.

Intelligence and Delinquency

• Studies reveal links between intelligence and delinquency, particularly racial disparities in rates of unlawful behavior.

Neuropsychological Factors

• Delinquency may stem from variations in the autonomic nervous system and challenge of moral conditioning.

Brain Functioning and Temperament

• Childhood Activity and Emotionality: Hyperactivity and emotional responses linked to behavioral patterns and mental health issues.

Attention Deficit-Hyperactivity Disorder (ADHD)

• Characterized by inattentiveness and hyperactivity which influences risk factors for delinquency.

Learning Disabilities (LD)

• LDs impact interpretation and linkage of information, relating to delinquent activity.

• Common types: developmental speech/language disorders, academic skills disorders.

Biochemical Factors

• Criminal behavior might relate to orthomolecular imbalances or brain toxicity.

• Weak links identified between chemical imbalances and delinquent behavior exist.

The Biosocial Perspective

• Biosocial criminology combines biological traits with environmental influences on behavior.

• Focus on brain development in youth as crucial.

Psychological Positivism

• Emotional disturbances from lack of nurturing can lead to delinquent actions.

Psychoanalytic Explanations

• Freud's contributions identified emotional control issues as bases for delinquency's root causes.

Sensation Seeking and Delinquency

• Linked to optimal arousal theory; individuals seeking novel experiences may be predisposed to delinquency.

Reinforcement Theory

• Behavior shaped by outcomes—rewards encourage crime while consequences deter.

Personality and Crime

• Trait-based models highlight personality aspects essential to understanding delinquency.

The Psychopath

• Hard-core juvenile delinquents may exhibit psychopathic traits, frequently diagnosed as conduct disorders.

Cognitive Theory

• Influenced by Piaget, children's reasoning abilities evolve, impacting their understanding of delinquent actions.

• Four stages of cognitive development identified:

  1. Sensorimotor (0-2 years)

  2. Preoperational (2-7 years)

  3. Concrete operational (7-11 years)

  4. Formal operational (11 years-adulthood)

Theories of Delinquency Summary

• Table highlighting various biological, sociobiological, and psychological theories with proponents and supporting research.

Developmental Theories of Delinquency

• Important studies include the Dunedin Multidisciplinary Health and Development Study, Montreal Longitudinal Experimental Study, and Cambridge Study in Delinquent Development:

  • Developmental behaviors evolve due to biological, psychological, and sociological influences.

Resiliency

• Explores why some youth overcome adverse conditions while others do not; focus on mother's child interactions.

Importance of Theory

• Research and theories are interlinked, guiding policy and interventions for delinquent youth.

Prevention and Control of Delinquency

• Issues of desistance discussed, emphasizing ongoing challenges in defining and recognizing a true cessation of delinquent behavior.