Rational Choice Theories – Free will and free choice
Historical Context
1) Rational Choice Theories Preceded Biological and Psychological approaches
a. Chronologically rational theories came first and are much closer to
criminology than bio and psych theories which are ‘kind of out there on their
own’
b. Developed in late 1700’s and early 1800’s
c. The classical school of criminology
d. More sociological than biological/psychological theories. Rational Choice
Theories vivid in work of criminologists
Cesare Baccarea and Jeremy Benham
Baccarea wrote a pamphlet (1754) that really came to shape the views of
punishment that we still have today
1789 Principles of
2) Reaction against unjust, arbitrary and severe forms of punishment associated with
absolute monarchies and religious rule.
a. Death penalty for small offences such as theft
b. Punishments by dunking, thumb screws - painful, capital punishment as
well from petty theft
c. These were forms of punishment that were related to monarchies and diff
types of religious rule (there was political organization that went along with
these extreme in their nature punishments)
d. Cesare Baccarea and Jeremy Benham
3) Foundation in two core Enlightenment philosophies:
a. Rights and Freedoms. Fairness, equality and predictability in responses to
crime
i. Innocent until proven guilty
ii. Equality and the law
iii. Due process (In arresting and court)
iv. belief in individual rights and freedoms and importance of fairness
and importance of fairness, equality, and predictability in responses
to crime
v. principles of proportionality are also taken for granted today. The
principle of being innocent until proven guilty emerged fr. these
philosophies. Punishment should fit the crime.
b. Human behaviour is a product of rational choice and calculation, rather than
biological, psychological or spiritual predispositions. Humans are rational and
reasoning beings who strive to maximize pleasure and minimize pain. i. Utilitarianism* - Jeremy Benham – what drives people, maximize
pleasure and minimize pain
4) Philosophy of Punishment – Deterrence theory – philosophy of punishment, how
punishment influenced behaviour
Deterrence Theory:
Underlying Principles
1) Criminal behaviour is a product of a rational decision-making process through
which offenders evaluate the risks and rewards of committing a criminal offence.
2) Laws and punishments must be responsive to this decision-making process
3) The effect of punishment on criminal behaviour depends on three variables:
(1) Severity, (2) certainty, and (3) swiftness (Beyond Scared Straight) for public and
youth offenders – increases offending
a. Severity: Punishment (Ie life imprisonment); increasing severity and
sentence time, more severe – greater deterrent effect
b. Certainty: Chances of being caught convicted and punished for the crime;
you can have the most severe punishment (death penalty) highly severe,
highly certain punishments will have higher deterrent effect
c. Swiftness: Reinforcing the wrongfulness of the act; how fast until they are
punished; to have greatest effect you must come after crime quickly
4) There are two forms of deterrence:
a. Specific: Geared towards the individual with the intention of preventing the
form of reoffending (emphasis on individual, stop from doing something in
future)
b. General: Punishments designed to prevent crimes within the general
population (emphasis on general at large, people will be deterred from
engaging in crimes)
Policy Implications:
1. Increase the severity, certainty and swiftness of punishment
a. Summer of the gun: City-TV Poll – Are tougher sentences the answer to
stopping gun crimes? RESULTS: Yes- 82%. No- 18%
Limitations:
1) Failure of offenders to consider or care about future punishments
a. If offenders aren’t aware of punishments or don’t care the deterrence theory
falls apart. (Don't mind go back to prison)
2) Weak empirical support
a. No credible evidence that focussing on the death penalty deters homicide i. States or countries with the death penalty do not necessarily have
lower homicide rates
ii. Very low recidivism rates of murderers
iii. When Canada abolished death penalty in 1976, homicide rates
steadily went down until today
Rational Choice Theory:
Underlying Principles
1) Crimes are purposive and deliberate acts committed with the intention of
benefiting the offender
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