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Classical theory

Classical theory. Beccaria: On crime and Punishment (1764) Justice was chaotic, corrupt; governments were monarchies (divine right of kings) Essay was a protest and a blueprint for government and justice

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Classical theory

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  1. Classical theory • Beccaria: On crime and Punishment (1764) • Justice was chaotic, corrupt; governments were monarchies (divine right of kings) • Essay was a protest and a blueprint for government and justice • Advocated: social contract doctrine and utilitarianism, rationality of man, and the pleasure/pain principle

  2. Classical (continued) • He advocated the need for: • Clear criminal laws • Swift and certain punishment • A scale of crimes and punishment • Punishments should be no more severe than necessary, or they will not be perceived as just, and the people would revolt

  3. Classical theory (continued) • People are rational. If they know that punishment is swift, certain, just, and sufficiently severe, they will decide to obey rather than violate the law. • The crime would not be worth the punishment. Choices can be controlled by fear of punishment.

  4. Deterrence research • Deterrence: a legal threat designed to prevent/control criminal behavior • Assumes that people are rational, want the goods and services crime provides, and will commit crime if they do not fear being caught and punished • An inverse relationship should exist between crime and certainty, swiftness and severity of punishment

  5. Deterrence research (continued) • Until recently, little research • Deterrence assumed to be true • Two types of research • objective measure research • perceptual research

  6. Objective measure research • Compare arrest, conviction and sentencing data • If these numbers increase, crime should decrease--people should be deterred • Some research support • However, methodological problems occur • measurement problems • impossibility of controlling other factors

  7. Objective measures • Increased patrol: Kansas City Patrol Experiment--no effect • Aggressive crackdown seem to have an initial effect, I.e., tough drunk driving laws, “speed traps” Tends to dissipate over time if the risk of being caught is small

  8. Deterrence and the death penalty • Since capital punishment is the most severe, it should have a deterrent effect • Sellin examined contiguous states with and without the death penalty, and did not find an effect • comparative studies--homicide rates declined in over half of countries when they abolished the death penalty

  9. Death penalty continued • Effect of public execution: short-term decline, then no effect • A study by Ehrlich claimed a deterrent effect, but no other research has found support for his conclusions • Murder might not be a good example for showing a deterrent effect, as it often is not a rational act.

  10. Conclusions • Little is known about the effects of swiftness of punishment • Certainty of apprehension (or the perception of certainty) has the most impact • Severity has no effect unless certainty of apprehension is increased • Inability to catch offenders, rather than sentencing, is the weak point of the CJS

  11. Perceptual Research • Survey technique: ask people if they believe they will be caught, compare to their self-report of offending • Law-abiding people believe they will get caught; criminals estimate the odds are much lower • Panel studies: those who commit crimes lower their estimates--experiential effect

  12. Perceptual research (continued) • Whether individuals are deterred depends on individual characteristics: • moral development • gender • social class • impulsivity • thrill-seeking/risk taking

  13. Other deterrents • Informal sanctions • disapproval of family and peers • Feeling of guilt • a moral code • loss of reputation • loss of material goods

  14. Informal deterrents (continued) • Formal deterrents ranked highest • For more serious crimes, informal deterrents also important • For less serious crimes, formal deterrents are the most important • Informal deterrents thought to be the most important for law-abiding people • If there were no punishment, would you commit crimes?

  15. Rational choice • Ask criminals about their choices • do they assess: risk of apprehension, seriousness of punishment, value of the criminal enterprise • Would-be offenders might react to the characteristics of the particular situation in deciding whether to commit a crime

  16. Rational choice (continued) • Given enough opportunity, anyone might commit a crime if motivated. (Magic Mtn) • Some crimes obviously have a rational basis • Professional burglars • Broken windows concept • Such crime might be discouraged • “Target hardening”

  17. Crime prevention • Home security systems • Dead-bolt locks and steel doors • High intensity street lighting • Neighborhood watch • Risks and effort should outweigh the potential benefits

  18. Why deterrence is limited • Many crimes may be impulsive, or committed under the influence of alcohol and drugs. Such criminal might not be rational. • Crimes committed by those who have nothing to lose • We cannot detect many crimes without a much more extensive surveillance system

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