CRJS 4467 Contemporary Research & Theory Lecture #2 The Structure & Relevance of Theory in

1. CRJS 4467 • Contemporary Research & Theory • Lecture #2 • The Structure & Relevance of Theory in • Criminology • is criminological theory irrelevant? why is • theory important? who writes it? • case in point: routine activities theory; social • control theory

2. theory: “a theory is a systematic explanation • for the observed facts and laws that relate • to a particular aspect of life” • a theory includes concepts, propositions, • variables, hypotheses • scientific theories are empirically verifiable • scientific theories explain in order to predict • and control

3. the wheel of science: • Theories • Empirical Hypotheses • Generalizations • Observations

4. public policy as informed, guided by theory? • case in point: chronic impaired drivers • theoretical paradigms and theories suggest • both what is important to look at, and what • to disregard • there is always a theory to what we do on • either a micro or macro level – otherwise, • behaviour would be completely random • (the case of the tigers)

5. articulated propositions • the formal or written content of a theory • concepts related by propositions • example: • changes in routine activities in society influence • crime rates by affecting the convergence in • space and time of the following three elements: • 1. motivated offenders • 2. suitable targets • 3. the absence of capable guardians against a • violation

6. Agnew’s general strain theory (text) • cognitive or empirical validity • does the theory ‘fit the facts’ • cognitive validity: does the observational and factual evidence collected fit with what the theory predicts? does it make sense logically, intellectually? • proving, versus failing to reject

7. unarticulated propositions • basic assumptions about human nature and behaviour: are humans naturally good, or bad? social or asocial? self- interested or altruistic? • examples: control theory versus strain theories: deterrence theories versus rehabilitation theories • assumptions about public policy implications of theory (Herrnstein)

8. Aichorn example (text) • Lemert’s primary and secondary deviance and the YOA, YCJS • ‘broken windows’ and crime prevention • ADD and the ritalin controversy • gun control in Canada versus the U.S. • early experiences of abuse and criminal behaviour

9. mental illness and serial murder • the Quinney example (text) • the sentiment relevance of theory • the intuitive appeal of the theory – the case of labelling theory; the case of rehabilitation; crime control through environmental design • Weber: ‘value free’ science

10. 2. Jeremy Bentham (1789): “An Introduction to • the Principles of Morals and Legislation • the utilitarian perspective: the maximization of pleasure and the minimization of pain • good and bad, causes and effects stem from the principle of utility • can apply both to the individual, and the social group

11. in other words, there can be congruence between self interest and the collective interest • measurement of pain or pleasure • pleasure and avoidance of pain are ends • measured in terms of: 1. intensity 2. duration 3. certainty/uncertainty 4. propinquity or remoteness, and 5. fecundity (same) 6. purity (different), and, for persons 7. extent or prevalence

12. the utilitarian scorecard (text, p. 107) • the legislative implications of Bentham’s • work: the pleasure of the majority, the pain • of the minority • case in point: is the death penalty wrong, then?

13. Lecture #2 - Continued

14. Classical and Neuve Classic Schools of Criminology: Deterrence, Rational Choice, and Situational Theories of Crime • two basic schools of criminological theory: classical and positive • classical school: Beccaria (1764) and Bentham (1789) - utilitarian philosophers

15. the impact of utilitarianism on social policy • (later, J.S. Mill here) • assumption of rationality, free will, free choice – • the individual controls her/his own destiny • crime is a conscious choice, a weighing out of • rewards and costs • therefore, to prevent crime, the costs must • outweigh the benefits

16. specific versus general deterrence • ‘absolute’ versus ‘restrictive’ deterrence • note here: if the law is ineffective, what is the • effect on deterrence, both general and specific • (sic Durkheim – law and social equilibrium) • Stafford and Warr (1993): the interplay • between general and specific deterrence/ • avoidance (what consequence for crime control?)

17. empirical research on deterrence: • certainty, celerity are the key factors in effectiveness: not severity • overall, not much evidence for the efficacy of deterrence • the perception of punishment may be more important than the reality • the element of police visibility as a factor in deterrence/crime prevention

18.  deterrence and imprisonment: real deterrence, • or selective incapacitation? • extensions of deterrence theory: inhibition and informal control of behaviour (shaming) • the importance of social status? but for whom?

19. the Neuve classical school • rational choice theory and routine activities theories • Rational choice theory: Gary Becker (1968) choice uncertainty, and the subjective expected utility model (SEU) - also ‘bounded rationality’ and ‘human capital’

20. Routine Activities Theory (Cohen & Felson, 1979) • assumes motivated offender, suitable target, absence of capable guardianship – but also rationality and an unexpected, ‘eventmental’ dimension

21. 2. Criminology - Pioneers - Beccaria • the classical school of criminology • the Enlightenment (1725 - 1850) • human logic & science, free will, and the • social contract • the ‘science of human society’ • the birth of criminology • Cesare Beccaria An Essay on Crimes and • Punishments (1764)

22. 2. Criminology - Pioneers - Beccaria (cont’d) • man in the natural state: ‘nasty, brutish, short’ • to paraphrase Hobbes (1651) • the purpose of law to ameliorate the • inequality and misery, to promote • “the greatest happiness of the greatest • number” • influence of printing - and much progress has • been made • but: where the cruelty of punishments, and the • ‘irregularity of proceedings in criminal cases’ • are concerned, little attention paid here

23. 2. Criminology - Pioneers - Beccaria (cont’d) • “every act of authority of one man over • another, for which there is not an absolute • necessity, is tyrannical” • the defense of the public liberty through • reasonable punishment of the individual • transgressor • justice - the bond that is necessary to keep the • interest of individuals united • punishments not to exceed the necessity of • preserving the bond

24. 2. Criminology - Pioneers - Beccaria (cont’d) • no punishment without a law that prescribes it • punishment not to exceed what is prescribed • by the law • judges have no right to make, interpret law - • this is the prerogative of legislators, and of the • (sovereign) government • laws and criminal code must be in a language • easily understood by common people if they • are to be expected to obey the law

25. 2. Criminology - Pioneers - Beccaria (cont’d) • a ‘scale of crimes’ must be constructed, from • the most to least serious threat to the • dissolution of society (public liberty) • a ‘calculus’ relating punishments to crimes • “pleasure and pain are the only springs of • action in human beings endowed with • sensibility”

26. 2. Criminology - Pioneers - Beccaria (cont’d) • “the end of punishment, therefore, is no other • than to prevent the criminal from doing • further injury to society, and to prevent • others from committing the like offense” • note - secret and false accusations - the • necessity of an open, public criminal process • torture - no one is guilty until proven so - • what justification then for torture?

27. 2. Criminology - Pioneers - Beccaria (cont’d) • the degree of punishment, and the • consequences of a crime, ought to be so • contrived as to have the greatest possible • effect on others, with the least possible pain • to the delinquent. If there be any society in • which this is a fundamental principle, it is an • unlawful society; for mankind, by their union, • originally intended to subject themselves to • the least evils possible”

28. 2. Criminology - Pioneers - Beccaria (cont’d) • the advantages of immediate punishment - • just in sparing the criminal uncertainty, and • reduces privation of liberty pending final • adjudication • also certainty and severity as factors in • punishment • specific versus general deterrence • the public punishment of small crimes will • deter individuals from committing more • serious crimes

29. 2. Criminology - Pioneers - Beccaria (cont’d) • the right to prepare a proper defense • prevention better than prosecution - hence the • paramount need for ‘good’ law - the need for • education, to reward virtue • the severity of punishments tied to the degree • of social development?

30. 2. Criminology - Pioneers - Beccaria (cont’d) • That a punishment may not be an act of • violence of one, or of many, against a • private member of society, it should be • public, immediate, and necessary, the least • possible in the case given, proportioned to • the crime, and determined by the laws”

32. 2. Lawrence Cohen & Marcus Felson • - “A Routine ActivityApproach” (1979) (cont’d) • influential in policing in terms of the ‘broken • windows’ (Wilson & Kelling, 1982) theory of • crime, also in terms of ‘ecological management’ • and ‘target hardening’ approaches, especially • victim awareness programs, crime prevention • the police as guardians against ‘disorder’

33. focus on ‘direct-contact predatory’ types of • crimes, where “someone definitely and • intentionally takes or damages the person or • property of another” • - direct physical contact between offender and • victim or object

34. changes in routine activities in society influence • crime rates by affecting the convergence in • space and time of the following three elements: • 1. motivated offenders • 2. suitable targets • 3. the absence of capable guardians against a • violation • note: the case of population demographics, • incident reporting and patrol deployment

35. “if the proportion of motivated offenders or • even suitable targets were to remain stable in • a community, changes in routine activities • could nonetheless alter the likelihood of their • convergence in space and time, thereby • creating more opportunities for crimes to occur.” • in short, structural changes in a society can alter • the routine activities that people engage in, • altering the relative probability of predatory crime

36. Hawley’s Human Ecological Theory and RAT: • usually, criminologists concentrate on the spatial • distribution of crime, not the temporal distribution • Hawley identified three important temporal • components of community structure: • rhythm (periodicity of events) • tempo (# events per unit of time) • timing (coordination, synchronization of • interdependent events)

37. the probability that a violation will occur is a • function of the convergence of offenders and • targets in the absence of guardianship, or: • Pc = [ O * T] / AG • illegal activities feed not from other illegal • activities, but from legal activities; hence, • points of juncture are at increased risk - hence, • focus on routine activities, temporally and • spatially

38. note the significance of urbanization and • suburbanization, the automobile, electronic • technology, computers, other technology, mass • production of weaponry, store hours • target suitability - value (materially, symbolically), • physical visibility, access, inertia (weight, size, • features, physical response of victim or target) • e.g. teens and clothing

39. e.g. the proportion of individual households as • predictive of crime rate • employment or unemployment rates? • FLFP and property crimes? • school attendance and theft? • impaired driving • older offenders, older victims

40. 3. Sherman & Berk: The Deterrent Effects of Arrest • for Domestic Assault (ASR, 1984) • conflicting demands/alternatives for police: • forced separation • mediation • arrest • randomized experiment conducted with • Minneapolis Police Department • simple misdemeanor domestic assaults

41. random selection of advice/mediation, separation, • arrest strategies • follow-up interviews with victims • measurement of subsequent victimizations • following the intervention • both police-based and victim-based outcome • measures employed

42. 28.9% of suspects ‘failed’ within 6 mos: • police-reported data indicate arrest most deterrent, • followed by advice/mediation, separation • victim-reported data showed arrest most deterrent, • followed by separation, advice/mediation

43. 4. Rational Choice Theory (Clarke & Cornish) • six basic propositions: • crimes are purposive & deliberate acts, • committed with the intention of benefiting • the offender • In seeking to benefit themselves, offenders • do not always succeed in making the best • decisions because of the risks and • uncertainty involved. • offender decision making varies • considerably with the nature of the crime.

44. Decisions about becoming involved in • particular kinds of crime (involvement • decisions) are quite different from • those relating to the commission of a • specific criminal act (event decisions). • Involvement decisions can be divided • into three stages – becoming involved • for the first time (initiation), continued • involvement (habituation), and ceasing to • offend (desistance) – that must be • separately studied because they are • influenced by quite different sets of • variables.

45. Event decisions include a sequence of • choices made at each stage of the • criminal act (e.g. preparation, target • selection, commission of the act, escape • and aftermath.) • human behaviour is almost never senseless • acts as satisficing rather than optimizing • decision making is relevant to a specific crime

46. involvement decisions relate to ‘stages’ in • a criminal career: • initiation • habituation • desistance • event decision refer to decisions related to • committing a specific act • additional factors: • background factors • current life circumstances • situational variables

47. refer to Figures 1 & 2, pages 28 and 30 • refer to Figures 3 & 4, pages 30, 31 • what makes rational choice theory different? • focus on choice • a theory of both crime & criminality • focus on dynamic nature of crime • importance of situation & opportunity • distinction between motive and motivation • the normality of crime • a general theory • policy relevance • compatibility with criminal justice

48. applications of the rational choice theory: • repeat victimization • preferences of thieves (CRAVED) • serial kills • dramatic fall in suicide • situational crime prevention • e.g. photo-radar • ‘green space’ • 7-11 redesign

49. criticisms of rational choice theory • criminals are far from rational • only some crimes are rational • the theory is nothing new • Can rational choice theory explain pedophilia? • Vandalism? Minor assault? Terrorism?