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The Rational Offender

The Rational Offender. Deterrence Theory Rational Choice Theory Routine Activities Theory. Social Context. Classical School Criminology (1750s) Bentham, Beccaria as “utilitarian philosophers” Articulated a “general theory” of human behavior Rebirth of Deterrence

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The Rational Offender

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  1. The Rational Offender Deterrence Theory Rational Choice Theory Routine Activities Theory

  2. Social Context • Classical School Criminology (1750s) • Bentham, Beccaria as “utilitarian philosophers” • Articulated a “general theory” of human behavior • Rebirth of Deterrence • Social Context of U.S. in the 1970s • Murray, Martinson, Economists

  3. Base Assumptions about Humans 1. Rational (cost/benefit) 2. Hedonistic 3. Human behavior can be controlled through certain, swift, severe punishment

  4. Additional Baggage (assumptions) • General theory (explains all crime) • Equally feel pain • Equally judge opportunity, pleasure

  5. Deterrence Theory • Criminal behavior (or crime rates) vary directly with _______ of FORMAL punishment. • Certainty • Severity • Swiftness • MICRO or MACRO? • Specific or General

  6. Marginal versus Absolute • Absolute deterrence: the existence of formal punishment reduces crime • Marginal: increases in existing formal punishment reduces crime further

  7. General Deterrence (Macro) • What should reduce crime rates? • Evidence: • Severity of Punishment • Death Penalty Research • Certainty of Punishment • Experiments in Certainty (KC patrol) • Swiftness of Punishment?

  8. General Deterrence Micro Level • An individuals perceptions of _______ influence their decision to commit crimes. • “Perceptual Deterrence” • Criticism of “objective” = do people really know the clearance rate? • Better: what do you think the clearance rate is?

  9. Perceptual Deterrence Research • Initial cross sectional studies: Perceived risk, severity SR crime • But, what is the causal order?? • Deterrence vs. “Experiential” effect • Manipulation of Perceived Risk • Scared Straight

  10. Specific Deterrence • A person who commits a crime and is punished is less likely to commit additional crimes. • Swift, Certain, Severe (Marginal) • How test these propositions?

  11. Testing Specific Deterrence • Prison vs. Probation? • Perhaps, “time in prison” or “type of prison” • More realistically • Probation vs. Intensive Probation • Probation vs. Boot Camp

  12. Deterrence Review: • Deals only with formal legal sanctions. • Is this fair? • Empirical Support? • General Deterrence • Macro • Micro (Perceptual) • Specific Deterrence

  13. Why little support for deterrence? • We can’t get certain, severe, swift enough • The theory is based on bad assumptions • How rational are we? • Equality of opportunity, pleasure, pain? • “Marginal” deterrence!

  14. POLICY IMPLICATIONS • General Deterrence: certain, swift, and severe punishment reduces crime rates, or the probability that an individual will offend • Specific Deterrence: CS&S punishment reduces recidivism • Can’t/Won’t make sentences swift, certain, and severe enough? • Incapacitate

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