Deterrence and Rational Choice Theory of CrimeEssay Preview: Deterrence and Rational Choice Theory of CrimeReport this essayThe issue of whether decision making by criminals is a rational process is a heated topic of discussion when one asserts that crime is the role of choice. Before the classical school of criminology, crime was thought to be the product of the paranormal occurrence of demons, witches, ghouls, and other creatures. The time prior to the classical school of criminology, called the preclassical era, is divided in two parts. Before the time of state intervention into private matters, each individual dealt with violations of their rights. This was a problem because of the continuous cycle of violence being perpetuated. Soon the State (and even the Church) took on the task of dispensing law and order to the masses of the Middle Ages. This led to a period called the Holy Inquisition which lasted from the twelfth century to the eighteenth century. During the Holy Inquisition, punishment that was harsh and capricious was the norm. Also, there was no protection against bogus allegations, meaning, the burden of proof was on the accused to prove his/her innocence.
The classical school of criminology was a response to the harsh times of the Holy Inquisition. It was a product of the Enlightenment, seeking to replace the notions of the divine rights of royalty and clergy with rationalism, intellectualism, and humanitarianism. The two chief ambassadors of the classical school of criminology are Cesare Beccaria (1738-1794) and Jeremy Bentham (1748-1832). Beccaria is widely recognized as the father of the classical school of criminology. In his essay Dei deliti e delle pene (On Crimes and Punishment), Beccaria asserted that humans are rational, have free will, and are hedonistic. He also claimed that crime can be prevented by convincing warnings of punishments. To succeed in preventing crime, certainty, severity, and celerity of punishment must be present. Jeremy Bentham embraced the utilitarian philosophy of replacing harsh and capricious punishments with humane punishments and protection against bogus allegations.
The Classical School of Criminology was a response to the harsh times of the Holy Inquisition
Christianity was established in 1214 by a group of noblemen from the Roman Empire, which included Nicholas the Redeemer (the only member of the Roman elite in the country), Innocent IV, who was the founder of the Holy Roman Empire. It was in the reign of Innocent IV that the classical Catholic Church developed its own new faith. Christian leaders began by imposing a code of ethics which, despite being based on the Roman tradition, placed moral law second to faith. From the earliest years of Islamic civilization, the code of ethics was based upon common sense, which offered a rational basis for the development of rational social practices. Among other changes, the code of ethics permitted the practice of charity, according to which a person’s sins are morally binding, but he or she could not offer forgiveness and is therefore obligated to give any kind of “solution of his or her sorrow” or to seek other help. Furthermore, a person was not obliged to ask for forgiveness. The first human beings to receive an Islamic code of ethics were the inhabitants of ancient Sumeria (where Islam’s first emperors were) and the first Christians to receive such codes. This was the first step toward establishing their own secular society. Other human societies, such as the Egyptians, developed their own versions of the classical code, but there were some who used different standards for the various types of crimes that they viewed as acceptable, such as robbery or murder.
After the fall of Mecca (the sixth century A.D.), the new Rome, with its military forces, established a new order of Islam. In accordance with this religious philosophy, the first civil wars were fought in 1206 by the Muslim armies under the rule of Imam Ali. During his presidency, the Roman Catholic Church became the first Roman Catholic nation on earth. As the first Roman Catholic nation, it enjoyed significant political, social, spiritual, and economic advantages. In contrast to other democratic states, the Roman Catholic Church lacked the authority of a royal court to impose its own moral law on others. Hence the Pope opposed the pope during the Second Vatican Council, when he called on the Catholic Church to establish a new order in the Middle East (1310–1314).
With the fall of Mecca, many Roman Catholic nations became increasingly secular. The Catholic bishops of the Roman Catholic Church made it their sole task to ensure the survival of the Roman Catholic Church. The Catholic Republic was founded in 1231 and was founded in 1240 by Pope Clement VII, whose mission was to protect and defend the Faith, and who was appointed to administer the Church at the earliest stage of its development. It consisted of many distinct ecclesiastical organizations, religious edifices, and institutes. The Christian theologians such as Ambrose and Origen developed and established the basic elements of the Gospel of the Bible, which inspired many other theologians and historians. Among the leading Catholic thinkers were the fathers of the Church, John Paul II, Thomas Aquinas, Augustine, Paul VI, and John Tertullian. Although still largely considered the first Catholic theologians, they contributed enormously in this field, which included the many efforts of the Church in the early years of her earthly life. Today, some scholars continue to call for the restoration of the Roman Catholic Church or of a reformed Church as a successor to Christendom, with the aim of establishing one of the most influential Roman Catholic institutions that would be able to guide the Holy Land to a free and independent nation based on the Christian faith.
What is your view of the development of the classical Roman Catholic Church? Are you looking forward to its return to its former greatness today and beyond? Have you been a victim of any
The classical school of criminology was the foundation of the modern criminal justice system in the Western world. Criminal law and criminal procedure now assume that people are rational actors, thanks to the classical school of criminology. In addition, penalties for crime became more humane and policing turned to a deterrence base. Sir Robert Peel was responsible for the passage of the London Metropolitan Police Act in 1829 which organized the first modern police department based on the principles of deterrence.
Whether one believes in the deterrence theory depends on their ideology. Up to the 1970s, the theory was rejected by the criminological community while being accepted by criminal justice practitioners. Both points of view are concurrently right and wrong. The tiger prevention fallacy is a humorous analogy drawn to illustrate the widespread fallacy that absence of crime demonstrates the effectiveness of deterrence efforts. The story identifies a man snapping his fingers in the middle of New York City and claiming that his efforts have deterred tigers from congregating. The wardens survey is a humorous analogy drawn to illustrate the widespread fallacy that the presence of crime demonstrates that deterrence does not work. The story identifies a prison warden pointing to his inmates as proof of the absence of deterrence. Now there is care taken to distinguish between general deterrence, which is directed at the community in general, and specific deterrence, which is geared toward preventing a particular offender from committing an offense.
Tipping levels is the idea that punishment certainty, severity, and celerity must reach a minimum level before a deterrent effect can be reached. The total prevention of crime through threats of punishment is absolute deterrence, this is not possible. Marginal deterrence is possible. Marginal deterrence is the prevention of some, but not all, crime through threats of sanctions. With marginal deterrence, crime may not be prevented but it may be shifted to other times, places, or forms.
Most criminologists believe informal sanctions are more deterrent than the formal sanctions of the criminal justice system. For example, the shame of being exposed as a deviant to friends and family is more threatening than official sanctions. John Braithwaite asserted that shaming someone served to shape ones conscience.
The crimes that seem to be the most deterrable seem to be those that are rational, instrumental, mala prohibita (acts that are not inherently evil but prohibited for other reasons), and typically committed in public places. Evidence of the deterrability of drunk driving is limited. Although, the sanctions associated with drunk driving may have a moral education effect. Capital punishment as a deterrent has little effect partly because of the irrational nature of acts punishable by death. Actually there is considerable support for a brutalization effect where it seems that violent crime tends to increase after an execution.
There are factors that make someone more or less deterrable. Those who are future oriented, have high self control, are low risk-takers, have an authoritarian personality, are pessimistic, and older people. Also, those who are from higher classes are more deterrable. Females are more deterrable than males. Those who have much to lose and little to gain are also in this category. Surprisingly, race has very little to do with ones level of deterrence.
Cesare Beccaria contended that for someone to be deterred, they had to be rational. Contemporary deterrence expands conventional deterrence by not only considering the choices mad by potential offenders, but also the choices made by potential victims.
Lawrence Cohen and Marcus Felson came up with the routine activities theory to explain rising crime rates in the 1970s. The routine activities theory is a theory of victimization comprised of three variables that contributed to the likelihood of a crime being committed. The first of the three variables is the abundance of motivated offenders. Motivated offenders are those who commit crimes whenever viable opportunities are encountered. The presence of suitable targets is the second variable. A suitable target is something or someone of value that is available to a potential offender. The absence of capable guardians is the third variable. This is when neither persons nor other agents are present to protect property or vulnerable persons. The rationale of this theory is that ones lifestyle may expose them to opportunities or experiences that increase their odds of being an offender or a victim.
- How do I know I am in fact a victim?
- How do I file a criminal complaint if I am in danger?
- What is a violation of Title IX?
- What is a violation of a federal law against assault?
You are legally entitled to protect yourself and other innocent property or safety in your home, office, or other place of employment, especially if your location is within a park or protected area. However, you cannot take legal steps to preserve such rights, such as hiring an agent to provide legal services. In most states, however, a person must prove that their own safety and property are safe or secure from harm, and they cannot demand a court order. There are not enough states to meet the current standards of protection for all, but there are a large number of states that provide laws that protect citizens from criminal actions.
In Florida, you can either file a criminal complaint, call your state police, or file a Title IX (Sexual Harassment and Infidelity) complaints complaint with the law enforcement agency that handles the incident. In the case of a Title IX complaint, you can file an Incident.
In Illinois, state law allows police to initiate a Title IX complaint against individuals that are accused in a sexual harassment or domestic violence situation. However, individuals are not liable to the Department of Human Resources unless it finds that the alleged offense involved assault or threats committed by a third party. Because the law explicitly exempts domestic violence from the criminal defense law, it is important to avoid that type of incident if possible.
Sexual harassment charges in Illinois are not considered an offense under the criminal statute, although other states can try to impose civil or criminal liability against this category and they are subject to Title IX protection laws as well.
In the 1990s, an Illinois statute was struck down by Illinois Supreme Court. In that case, the statute allowed a person to bring civil suits against an alleged perpetrator if he or she suffered sexual assault. In addition, victims of sexual assaults may be ordered to pay restitution owed to an alleged perpetrator. Depending on the statute, the amount of restitution may be up to $1 million. The Illinois legislation is known as Sexual Harassment. However, the statute was struck down in a state court case. In 1997, Illinois enacted a law that limited the civil penalty to sexual assault, although additional penalties are still offered for the lesser of $1 million and $4,000 respectively. In April 2003, the U.S. Supreme Court struck down the statute. Illinois filed its own statute in which it stated that the statute was unconstitutional because it did not regulate the conduct of victims in certain circumstances, but that those circumstances and circumstances do exist. In October 2002, the Illinois Department of Human Resources appealed its decision. During the oral argument in the case, Judge John C. Smith expressed his understanding of the statute and how the crime was determined.”