Classical Criminology and Rational Choice Theory: A Comprehensive Guide

Introduction to Choice and Rationality in Crime

  • This lecture marks the beginning of the discussion on substantive criminological theories, focusing on whether crime can be considered rational or a series of simple choices.
  • The central question addressed is whether crime is merely a matter of choice and an expression of free will.
  • Two primary theories are examined:
    • Classical Criminology: An old, highly influential theory dating back to the Age of Enlightenment.
    • Rational Choice Theory: A more contemporary rendition of the question of criminal rationality.
  • Core concepts include the ability to choose and the level of responsibility individuals hold for their actions.

Foundations of Classical Criminology

  • In a nutshell, Classical Criminology posits that people weigh the costs and benefits, or potential pleasures and pains, of offending before they act.
  • Individual decisions are based on whether the risks associated with an action are outweighed by the rewards; if rewards outweigh risks, a crime is likely to be committed.
  • This understanding leads to a heavy emphasis on deterrence as the primary prevention mechanism.
  • According to this theory, to prevent crime, the legal system must deter it through punishments that meet specific criteria:
    • Proportionality: The punishment must be just slightly more severe than the harm or social injury associated with the offense.
    • Certainty: People must believe that if they commit a crime, they will definitely be caught and punished.
    • Celerity (Swiftness): There should be a very small time gap between the commission of the offense and the punishment.

Historical Context of Classicism

  • Before Classical Criminology, punishments were often erratic and extremely severe, characterized by the dominance of religion and the monarchy over government officials.
  • Historical Example: Damiens the regicide (an individual who attempted to kill the king) was subjected to being "drawn and quartered," a process where horses pull an individual's limbs in four different directions.
  • Punishments during this era included common use of capital punishment and corporal punishment (e.g., removal of limbs, the use of the "cat and nine tails") rather than incarceration.
  • Classicism emerged as a reaction to these arbitrary and brutal systems during the Age of Enlightenment.

Key Thinkers: Cesare Beccaria and Jeremy Bentham

  • The term "Classical Criminology" is an anachronism, as criminology did not exist as a discipline when these authors wrote.
  • Cesare Beccaria:
    • Wrote the highly influential book On Crimes and Punishments in 17641764.
    • His work condemned torture and capital punishment, arguing that they were ineffective at deterring crime.
    • Established the foundations of general deterrence based on a specific view of human nature.
    • Argued that humans are hedonistic (seek pleasure, avoid pain), rational, and self-determining (possessing free will).
    • Individuals utilize a "hedonistic calculus" to weigh the likelihood and intensity of benefits against potential risks before making decisions.
  • Jeremy Bentham:
    • A philosopher and jurist who extended Beccaria's work by adding a "utilitarian gloss."
    • Utilitarianism is a consequentialist ethical approach: the morality of an action is determined by its consequences rather than abstract rules.
    • Utilitarian Principle: Aim for "the greatest good for the greatest number of people."
    • In the context of crime, punishment is viewed as a "necessary evil"—it is bad because it causes pain, but it is justified if it brings about a greater social good by deterring others and stopping social injury.

Key Principles of the Classical School

  • Egalitarianism: Everyone should be equal before the law. Aristocrats and peasants should receive identical punishments for the same crime.
  • Focus on the Criminal Act: The legal system should only consider the specific criminal event. Mitigating circumstances or the offender’s history (previous track record) should not be considered.
  • Specific Deterrence: Punishing an individual to ensure that specific person does not break the law again.
  • General Deterrence: Punishing an individual so that other people see the consequences and are deterred from committing similar acts.
  • Free Will and Responsibility: Because humans choose their actions via rational calculation, the "buck stops with the individual," and they are held fully responsible.
  • Proportionality: Distinct from maximum severity. If every crime (from shoplifting to murder) received the same extreme sentence, offenders would have no incentive to avoid committing more severe acts (e.g., killing witnesses) to avoid detection.

Rational Choice Theory (RCT)

  • RCT, like Classical Criminology, focuses on how individuals arrive at the decision to break the law.
  • Commonality with Classicism: Both theories reject pathological explanations. They do not believe offenders have a different biology or personality than non-offenders. Both focus on the similarity in how decisions are made.
  • The primary differentiator in RCT is the focus on opportunity structures and how environments influence the decision-making process.
  • RCT views crime as a result of a multi-stage process of decision-making rather than a single event.
  • Involvement (Enrollment) Decisions: Decisions about whether to get involved in criminal enterprises, whether to continue, or whether to stop (desistance).
    • These involve weighing background factors, previous experience, and general needs (e.g., money, status, excitement).
  • Event Decisions: Specific decisions involved in the commissioning of a particular crime at a specific time.
    • Example: Choosing a target, determining necessary skills, assessing resources (social capital), and planning the aftermath (e.g., disposing of stolen money).

Bounded Rationality

  • Developed by Cornish and Clark, the concept of "bounded rationality" distinguishes RCT from pure Classicism.
  • It recognizes that offenders do not have perfect or unlimited information.
  • Decisions are often made in the "spur of the moment" under constraints such as:
    • Time pressure.
    • Emotionality (e.g., anger).
    • Incomplete or misleading information (e.g., an inside source at a bank giving false info about security).
  • Quote from Cornish and Clark: "Presuming rationality is not the same as presuming perfect rationality."

Choice Structuring Properties and Situational Prevention

  • Choice Structuring Properties: These are elements of the physical or social environment that invite or constrain certain criminal behaviors.
  • Situational Crime Prevention (SCP): Focuses on changing the physical environment to reduce opportunities for crime.
    • Examples include:
      • Target Hardening: Installing bars on windows or reinforced doors.
      • Surveillance: Installing CCTV cameras in parking lots to increase the certainty of detection.
      • Environmental Design: Improving street lighting to increase visibility and surveillance capabilities.
  • Critique of SCP: It "brackets" or ignores the question of why people are motivated to commit crime in the first place, focusing only on the "how" and the immediate environment.

Critiques and Limitations

  • Psychological Simplification: Modern behavioral psychologists and economists argue that the rational actor model oversimplifies complex human behavior.
  • Neglect of Emotion: The theories fail to adequately account for the role of intense emotions, like anger or passion, in the decision-making process.
  • Lack of Early Intervention: The focus is almost entirely on deterrence rather than early intervention or addressing sociological causes.
  • Sociological Gaps: These theories do not explain why certain social groups or geographical areas (e.g., lower socioeconomic neighborhoods) have higher crime rates than others.

Questions & Discussion

  • Concept Test on Mandatory Sentencing:
    • Question: If a government introduces a mandatory 5050-year sentence for all crimes from shoplifting to murder, what is the most likely impact on the murder rate according to Beccaria?
    • The correct answer is (A): The murder rate will rise because people committing lesser crimes now have no reason to avoid killing witnesses (no further penalty for murder over shoplifting).
    • Reasoning: Proportionality is essential to ensure people don't "ramp up" the severity of their offending to avoid being caught if the penalty is the same.
  • Menti Quiz Participation:
    • The lecture included participation via Menti codes 7833765478337654 and a corrected code of 7322257073222570.
    • Key Quiz Point: Rational choice theorists distinguish between "event decisions" (specifics of the crime) and "involvement decisions" (starting/stopping a criminal career).
    • Key Quiz Point: Classical criminology rejects individualized punishment (treating people differently based on remorse or history) in favor of treating "like with like."