Neoclassical Criminology Study Notes

CHAPTER 3: Neoclassical Criminology

Introduction

  • The latter part of the 1970s saw a resurgence of classical criminology ideas among politicians, commentators, and scholars.

  • Neoclassical theory expands upon classical school theorists' work and emphasizes the role of the criminal justice system in crime prevention.

Objectives

Major Points

  • Social Context of Neoclassical Theories: Recognize the rise of neoclassical theories in America during the 1970s.

  • Deterrence Theory: Describe central concepts such as specific, general, marginal, and focused deterrence.

  • Empirical Tests: Recall the findings from various empirical tests concerning the status of deterrence theory.

  • Criminal Behavior: Explain the core concepts of routine activities and lifestyle approaches to understanding criminal behavior.

  • Rational Choice Theory: Describe rational choice theory's connections to deterrence.

  • Policy Implications: Understand the implications of rational choice theory, including its impact on criminal justice policies and situational crime prevention.

Rise of Neoclassical Theory

Historical Context

  • Decline of Classical School: During the 1800s, classical thought diminished while the positive school gained favor.

  • 20th Century Dominance: Sociological, biological, and psychological theories predominated throughout the 1900s.

  • Revival in the 1970s: Neoclassical theories emerged as responses to the failures of rehabilitation and challenged the notion that external forces cause crime.

Get-Tough Movement

  • Emphasis on Punishment: The 1980s and 1990s marked a shift towards prison-centered punishment over rehabilitation.

  • Death Penalty: Many states reinstated the death penalty, alongside the use of chain gangs and traditional striped uniforms.

  • Sheriff Joe Arpaio's Tactics:

    • Noted as the "toughest sheriff in the country".

    • Built tent jails in the desert, employed camera-equipped dogs, used chain gangs, mandated male inmates wear pink underwear.

Components of Get-Tough Movement

  • Retribution: Punishing criminals reflects the violation of legal systems from which everyone benefits.

  • Just Deserts: The principle that punishment should correspond to the pain caused by the crime, thus it is morally earned.

  • Incapacitation: Removing or incapacitating offenders (through prison, death, etc.) prevents them from further public harm, particularly for repeat offenders.

  • Deterrence: Aiming to reduce crime by signaling to offenders and society that crime brings consequences.

Deterrence Theory

Key Assumptions

  • Human Behavior: Deterrence theorists believe humans are rational and hedonistic, engaging in crime if it presents pleasure and minimal risk.

  • Role of Punishment: Formal punishment can potentially reduce crime when it is swift, certain, and severe.

Levels of Deterrence

  • Specific Deterrence: Aimed at punishing offenders to reduce their future criminal activities.

  • General Deterrence: Punishing offenders to convey a message to the general public and deter potential criminals.

  • Marginal Deterrence: Incremental increases in punishment leading to a decrease in crime.

  • Absolute Deterrence: The overarching existence of the criminal justice system deterring criminal behavior regardless of penal actions.

General Deterrence Research

  • Severity of Punishment: Mixed results regarding the death penalty’s impact on homicide rates. Most studies found no significant effect, while some indicated a brutalization effect or minor deterrent effect.

  • Certainty of Punishment:

    • Clearance Rate: The proportion of crimes that are solved through arrests. High rates suggest a greater chance of getting caught, yet many crimes go unreported.

  • Police Experiments:

    • Kansas City Preventative Patrol: Did not yield significant changes in crime statistics despite doubling the police presence.

    • Directed Patrols, Saturation Patrols, Zero-Tolerance Policies: Assessed with variable and often limited outcomes.

  • Perception Research: Perceptions of punishment severity and certainty significantly affect criminal behavior. Certainty perceptions are better predictors than severity perceptions; however, offenders may underestimate risks over time (experiential effect).

Specific Deterrence

General Overview

  • Defined: Specific deterrence, or special deterrence, refers to the impact of punishment on the individual offender, aiming to prevent future criminal acts.

  • Recidivism Rates: Recidivism studies indicate rates of 60–75% within three years among released prisoners, raising questions about the effectiveness of punishments.

  • Plea Bargaining: The overwhelming majority (95-98%) of charges result in plea agreements, which may lessen the severity of punishment and affect its deterrent impact.

Police Arrest Experiments

  • Mixed Findings:

    • Minneapolis Study: Effective in reducing domestic violence incidents through arrests, but limited applicability found in later studies, particularly among offenders with conventional ties to society.

    • Scared Straight Program: Inmate confrontations with youth in a documentary were found to be ineffective or even detrimental in reducing criminal behavior.

Program Comparisons

  • Boot Camps & Intensive Supervision: Such programs aimed at probation did not yield different outcomes in criminal behavior.

  • Project HOPE: Implemented rigorous drug testing with immediate sanctions for non-compliance, leading to notable reductions in drug use and criminal activity; however, successful replication has not occurred in other areas.

Focused Deterrence

Overview

  • Definition: Focused deterrence strategies target specific high-risk problems, such as youth gang violence.

  • Cincinnati Initiative to Reduce Violence (CIRV) and Operation Ceasefire (Boston): Notable programs using enforcement threats against entire gangs for individual shootings, contributing to reduced serious crimes.

  • Key Components: Successful focused deterrence must be credible, directed towards specific groups, and employ law enforcement actions that reinforce the message.

Celerity

Importance

  • Definition: Celerity refers to the swiftness of punishment following a crime.

  • Animal Studies: Indicate that swift punishments are more effective than delayed ones.

  • Human Cognitive Links: Suggest that the importance of celerity may vary due to our ability to connect behavior with consequences over time.

  • Contemporary Programs: Initiatives like HOPE and focused deterrence do prioritize swift penalties.

Summary of Deterrence Theory

Key Findings

  • Theoretical Background: Derives from classical school theories emphasizing punishment as a deterrent.

  • Effective Deterrence: Evidence suggests that certainty of punishment plays a more crucial role than severity in deterring crime.

  • Swift-Certain-Fair Model: Current deterrence approaches advocate a model that prioritizes certainty and swiftness over severity in punishment.

Rational Choice Theory

Overview

  • Decision-Making: Rational choice theory posits that individuals evaluate the costs and benefits of committing a crime, opting to proceed when perceived benefits outweigh potential costs.

  • Cost Categories:

    • Formal Sanctions: Legal consequences such as arrest or imprisonment.

    • Informal Sanctions: Social repercussions such as shame or job loss.

    • Tangible Benefits: Material gains like money or property.

    • Intangible Benefits: Non-material rewards, such as thrill or social respect.

  • Broader View: Rational choice theory encompasses a wider range of considerations including varying personal rationality based on circumstances.

Factors Affecting Rationality

  • Time Constraints: Individuals may not have unlimited time to evaluate their decisions.

  • Cognitive Ability: These capabilities affect decision-making processes.

  • Moral Values: Personal ethics can influence the weighing of potential consequences against criminal behavior.

Cornish and Clarke’s Rational Choice Theory

  • Criminal Involvement: Refers to decisions involving engaging in crime versus alternative means to achieve goals.

  • Criminal Event: Specific decisions made to commit an act of crime wherein offenders select specific targets under particular conditions.

  • Empirical Support: Evidence shows criminals often consider situational factors, effecting their engagement in criminal acts, yet irrational decisions still occur where targets of reward overshadow risks.

Routine Activities Approach

Theoretical Framework

  • Similarities with Other Theories: Shares characteristics with deterrence and rational choice theories, emphasizing rational assessments about crime targets.

  • Shifted Focus: Emphasizes victimization factors over the role of offenders.

Target Factors

  • Felson's Factors: Identifying elements influencing a target's susceptibility, including:

    • Value: The worth of the object to be stolen.

    • Inertia: The weight and immobility of the target.

    • Visibility: How noticeable the target is to potential criminals.

    • Access: Ease of entry to acquire the target.

CRAVED Acronym

  • Developed by Ronald Clarke: Describes target aspects that offenders desire:

    • Concealable: Easy to hide.

    • Removable: Portable.

    • Available: Readily accessible.

    • Enjoyable: Provides pleasure or thrill.

    • Disposable: Capable of being discarded after use.

The Lifestyle Approach

Risk Factors

  • Defining Lifestyle: Lifestyle encapsulates the organized ways individuals allocate their time and resources.

  • Increased Victimization: Certain habits increase chances of victimization, including:

    • Spending excessive time away from home increases visibility to potential offenders.

    • Fewer household members result in diminished guardian presence.

Situational Crime Prevention

Focus on Opportunities

  • Shared Focus: Centered around situational factors similar to rational choice, routine activities, and lifestyle theories.

  • Policy Goals: Aims to minimize opportunities for crime by modifying the environment to deter criminal endeavors.

Strategies for Prevention

  • Crime Prevention through Environmental Design (CPTED): Involves planning the layout to prevent crime.

    • Natural Strategies: Natural design elements to enhance security.

    • Organized Strategies: Use of security personnel or police presence.

    • Mechanical Strategies: Incorporating technology like alarms or cameras for surveillance.

Implementation of Prevention

  • Everyday Crime Prevention: Situational crime prevention should be integrated into daily life practices.

  • Examples Include:

    • Enhanced street lighting.

    • Access control and surveillance measures.

  • Concerns: Skepticism regarding crime displacement, where crime shifts electronic, but evidence indicates opportunities for benefiting others (diffusion of benefits).

Conclusion

Summary of Neoclassical School

  • Emergence: Neoclassical theories in the 1970s aligned with the get-tough movement, focusing on various deterrent approaches.

  • Theories Included:

    • Deterrence Theory

    • Focused Deterrence

    • Rational Choice Theory

    • Routine Activities Approach

    • Lifestyle Approach

  • Evidence on Deterrence: The most supporting evidence for deterrence theory underscores that enhancing the certainty of punishment may have the most significant impact on deterring crime, as well as highlighting the effectiveness of situational crime prevention and target hardening strategies.