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