deviance as rational choice. enlightenment (18th century): philosophical/cultural movement humans...
TRANSCRIPT
Deviance as Rational Choice
Enlightenment (18th Century): Philosophical/Cultural Movement
Humans as creatures of Reason/ Rationality
◦ decline of religious cosmology◦ birth of modern science
Population Urbanization Decline of church authority Nation-state
◦ individual as primary political "unit"◦ state as will of the people ◦ social contract
Essay on Crimes and Punishments (1764) Key principles of classical theory
◦ Naturalness of the social contract◦ Rational rule of state law◦ Belief in free will◦ Goodness of reason/rationality
The need for rational punishments to preserve the social contract
Legislative Determination of Law, Judicial Determination of Guilt
Deviance is Hedonistic and Rational: Maximize Pleasure, Minimize Pain
Punishment is Rationally Calculated Social Control
Deterrence is the Goal of Social Control Control acts, not actors
To be determined by legislatures ◦ Those acts which violate the public good
Beccaria: "demonstrable social harm"
Premeditation ◦ criterion of intentionality◦ free will is implied in planning
Mitigating Circumstances Insanity
Deviance is rational choice Fixed and mandatory punishments Warn all that offenders will be punished Reduce judicial discretion Strengthen police powers Cut back on individual rights Treat juveniles as adults Eliminate parole
Special Deterrence: ◦ prison experience will prevent offenders from
committing future crimes on release chronic offenders
General Deterrence: ◦ threat of prison will deter others from becoming
criminals severity and certainty (Gibbs, 1968) severity versus certainty certainty >> severity (Tittle) overload effect
(Delinquency in a Birth Cohort, by Marvin Wolfgang, Thorsten Sellin, & Robert Figlio)
N = 9,945◦ All boys born in 1945◦ Residing in Philadelphia from at least 10 through
18 years
Police contact◦ None◦ One◦ 1<>5 (non-chronic recidivists)◦ Chronic recidivists
65% (6,470): No contact 35% (3,475) At least one contact
◦ 46% (of the offenders): One-time offenders (1,598)
◦ 48% (of the offenders): 1<>5 offenses (Non-chronic recidivists: 1,668)
◦ 6% (of the offenders): More than 5 offenses (Chronic recidivists)
Chronic Offenders
1,598 (46%) 6,470 (65%)
627 (6%) (18% of 3,475)
1,668 (48%)
No Contact At least 1 1<>5 offenses chronic offenders
Mean = 8.5 delinquent acts apiece◦ 52% of all offenses◦ 71% of homicides◦ 73% of rapes◦ 82% of robberies◦ 69% of aggravated assaults
Common Traits:◦ Began delinquency earlier◦ 77% of them from low SES◦ 9% of them H.S. grads
Vs. 24% 2-4 offenses; 58% 1-timers; 74% non-delinquents
◦ Lower IQ◦ Poor school performance◦ High proportion from “broken homes”
Assumes high apprehension Assumes public knowledge Assumes rationality