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Classical Theory

Classical Theory. Deviance as Rational Choice. Cultural Factors. Enlightenment (18th Century): Philosophical/Cultural Movement Humans as creatures of Reason/ Rationality decline of religious cosmology birth of modern science. Social Structural Factors. Population Urbanization

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Classical Theory

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  1. Classical Theory Deviance as Rational Choice

  2. Cultural Factors • Enlightenment (18th Century): Philosophical/Cultural Movement • Humans as creatures of Reason/ Rationality • decline of religious cosmology • birth of modern science

  3. Social Structural Factors • Population • Urbanization • Decline of church authority • Nation-state • individual as primary political "unit" • state as will of the people • social contract

  4. Cesare Beccaria • 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

  5. Key ideas in Essays • 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

  6. Which Acts are Deviant? • To be determined by legislatures • Those acts which violate the public good • Beccaria: "demonstrable social harm"

  7. Modifications of Beccaria's Ideas • Premeditation • criterion of intentionality • free will is implied in planning • Mitigating Circumstances • Insanity

  8. Neo-Classical Theory • 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

  9. Deterrence: Severity, Certainty, Celerity • 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

  10. Chronic Offenders • (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

  11. Chronic Offenders • Police contact • None • One • 1<>5 (non-chronic recidivists) • Chronic recidivists

  12. Chronic Offenders • 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)

  13. 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

  14. Chronic offenders • 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”

  15. Problems with deterrence doctrine • Assumes high apprehension • Assumes public knowledge • Assumes rationality

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