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Criminology TodayAn Integrated Introduction

CHAPTER

Criminology Today: An Integrated Introduction, 8eFrank Schmalleger

Copyright © 2017 by Pearson Education, Inc.All Rights Reserved

Classical and Neoclassical Thought

3



Introduction

• Majority of crimes are likely to be planned, at least to some degree.

• This chapter looks at perspectives based on the believe that at least some crime is the result of rational choices by offenders.



Figure 3-1 Key Principles of Classical and Neoclassical CriminologySource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.



Forerunners of Classical Thought

• All human societies had notions of right and wrong.

• William Graham Sumner Behavior is governed by:• Mores• Proscriptions covering potentially serious

violations of a group's values • Folkways• Customs whose violation is less likely to

threaten group survivalcontinued on next slide




• William Graham Sumner Behavior is governed by:• Laws• Codified into formal structures for

enforcement purposes

continued on next slide




• Mala in se Acts said to be fundamentally or

inherently wrong regardless of time or place

• Mala prohibita Acts said to be wrong only because they

are prohibited



The Demonic Era

• Humans always preoccupied with good vs. evil

• Some forms of evil appear cosmically-based (plague, Holocaust). Explanations include divine punishment,

karma, fate, vengeful activities of offended gods.




The Demonic Era

• Some evil is due to individual behavior (crime, deviance). Explanations include demonic

possession, spiritual influences, temptation by fallen angels.



Early Sources of Criminal Law

• Code of Hammurabi Emphasis on retribution

• Early Roman Law Twelve Tables Justinian Code




Early Sources of Criminal Law

• Common Law Based on shared traditions supported by

court decisions Major source of modern criminal law

• Magna Carta Individual rights Due process



The Enlightenment

• Thomas Hobbes Social contract

• John Locke Humans born as blank slates Expanded social contract concept Checks and balances




The Enlightenment

• Jean-Jacques Rousseau Humans intrinsically good Natural law

• Natural law and natural rights Thomas Paine• Only democracy can guarantee natural

rights. U.S. Constitution built around

understanding of natural law



The Classical School

• Enlightenment led to view of humans as self-determining entities with freedom of choice.

• Led to Classical School of criminological thought Explained crime as resulting from the

exercise of free will Moral wrongdoing fed by personal

choice



Cesare Beccaria

• Essay on Crimes and Punishments (1764)

• Philosophy of punishment Purpose of punishment• Deterrence, prevention

Swift, certain Only severe enough to outweigh personal

benefits derived from crime• Opposed to capital punishment, torture



Jeremy Bentham

• Introduction to the Principles of Moral Legislation (1789)

• Hedonistic calculus/utilitarianism People act to maximize pleasure,

minimize pain. Therefore, pain from punishment must

exceed pleasure from crime.• Panopticon

Model prison



Neoclassical Criminology

• Positivism began to dominate in 20th century. Use of scientific method to study crime Based on hard determinism• Belief that crime results from forces

beyond individual's control



Figure 3-2 Classical Criminology versus Positivism—The Role of Free WillSource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.




• Assumptions undermined in 1970s Studies suggesting failure of

rehabilitation Fear of crime• "Get tough on crime" policies

Reaffirmation of belief in rationality





• Resurgence of classical ideals in 1970s Middle ground between total free will

and hard determinism• Key influences

Robert Martinson• "Nothing-works doctrine"





• Key influences James Q. Wilson• Crime not result of social conditions, not

affected by social programs David Fogel's justice model• Criminals deserve punishment because

of their choices.



Rational Choice Theory (RCT)

• Criminals make a conscious, rational choice to commit crime.

• Cost-benefit analysis Behavior result of personal choices

made after weighing costs and benefits Crime will decrease when opportunities,

limited, benefits reduced, costs increased.



Figure 3-3 Rational Choice and CrimeSource: Schmalleger, Frank, Criminology. Printed and Electronically reproduced by permission of Pearson Education, Inc., Upper Saddle River, New Jersey.



Situational Choice Theory

• Ronald V. Clarke and Derek Cornish• Soft determinism

Crime is a function of choices and decisions made within a context of situational constraints and opportunities

Crime requires motivation and opportunity.




Situational Choice Theory

• Reduce crime by changing the environment.



Situational Crime Control Objectives

• Increase the effort involved in crime.• Increase the risks associated with

crime.• Reduce the rewards of crime.• Reduce the provocations for crime.• Remove the excuses that facilitate

crime.



The Seductions of Crime

• Jack Katz explains crime as the result of positive attractions of the experience of criminality. Crime is often pleasurable for offenders,

which is a major motivation behind crime.

Crime is sensually compelling.




The Seductions of Crime

• Redirect criminology to situational factors that directly precipitate crime and reflect crimes' sensuality.



Situational Crime-Control Policy

• Situational crime prevention shifts the focus away from the offender and onto the context in which crime occurs.

• Begins with opportunity structure of crime Reduce opportunities to reduce crime.

• Focus on context of crime as alternative to traditional offender-based crime prevention policies



Critique of Rational Choice Theory

• Overemphasis on individual choice, relative disregard for the role of social factors in crime causation

• Assumes everyone is equally capable of making rational decisions

• Displacement may occur as a result of situational crime prevention strategies.



Punishment and Neoclassical Thought

• Classical School emphasizes deterrence as purpose of punishment.

• Neoclassical view adds retribution. Someone who chooses to violate the law

deserves to be punished. Criminals must be punished to curtail

future crime.



Just Deserts

• Just deserts model of sentencing Offenders deserve the punishment they

receive and punishments should be appropriate to type/severity of crime.

• Justice is what the individual deserves when all circumstances are considered.



Deterrence

• Types of deterrence Specific • Seeks to prevent offender from engaging

in repeat criminality General• Seeks to prevent others from committing

similar crimes




Deterrence

• For punishment to deter, it must be swift, certain, and sufficiently severe.

• High recidivism rates suggest specific deterrence does not prevent repeat crime.



Figure 3-5 The Crime FunnelNote: Includes drug crimes.Source: Pearson Education, Inc.



Capital Punishment

• Brings together notions of deterrence, retribution and just deserts Considerable disagreement over the

efficacy of death as a criminal sanction Much research into efficacy, fairness of

capital punishment




Capital Punishment

• Capital punishment and race Opponents cite research suggesting it

has been imposed disproportionately on racial minorities.

Advocates more concerned with whether penalty is fairly imposed



Policy Implications of Classical and Neoclassical Thought

• Determinate sentencing Mandates a specific and fixed amount of

time to be served for each offense category

• Truth in sentencing Requires judges to assess and make

public the actual time an offender is likely to serve




Policy Implications of Classical and Neoclassical Thought

• Incapacitation The use of imprisonment to reduce the

likelihood that an offender will be able to commit future crimes



A Critique of Classical Theories

• Represents more a philosophy of justice than a theory of crime causation

• Lacks explanatory power over criminal motivation Does not really explain how choices

for/against crime are made• Little empirical scientific basis for

claims of Classical School