Introduction to Criminal Justice

Chapter 3: Explaining Crime

Several theories attempt to explain criminal behavior

Some theories assume:◦ Crime is part of human nature◦ Crime is based on biological, psychological,

sociological, and/or economic aspects

Introduction

Theory: an assumption that attempts to explain why or how things are related to each other

Theory of crime attempts to explain why or how a certain thing is related to criminal behavior

Criminological Theory: the explanation of criminal behavior

Theory

Based on the assumption that people exercise free will and are thus completely responsible for their actions

Criminal behavior is motivated by a hedonistic rationality, in which actors weigh the potential pleasure of an action against the possible pain associated with it

Classical Theory

An Essay on Crimes and Punishments, Argued only justified rationale for laws and

punishments was the principle of utility. Believed basis of society, as well as origins

of punishments and right to punish, is the social contract

Classical Theory:Cesare Beccaria

Special or Specific Deterrence: the prevention of individuals from committing crime again by punishing them.

General Deterrence: the prevention of people in general or society at large from engaging in crime by punishing specific individuals and making examples of them

Deterrence

Believed best way to prevent or deter crime was to:◦ Enact laws that are clear, simple, and unbiased,

and that reflect consensus of the population◦ Educate the public◦ Eliminate the corruption from the administration

of justice◦ Reward virtue

Classical Theory:Cesare Beccaria

Main real-world drawbacks:◦ Not all offenders are alike◦ Similar crimes are not always as similar as they

might appear

Classical Theory:Cesare Beccaria

Classical theory, difficult to apply in practice, was modified in the early 1800s, and became known as neoclassical theory◦ Conceded that certain factors, such as insanity,

might inhibit the exercise of free will Introduced idea of:

◦ Premeditation as measure of degree of free will◦ Mitigating circumstances as legitimate grounds

for diminished responsibility

Neoclassical Theory

Grew out of positive philosophy and the logic and methodology of experimental science

Human beings were beginning to be understood not as free-willed, self-determining creatures, but rather as beings whose actions were determined by biological and cultural factors

Positivist Approaches to Explaining Crime

Human behavior is determined and not a matter of free will

Criminal are fundamentally different from noncriminals

Social scientists can be objective in their work

Crime is frequently caused by multiple factors

Society is based on consensus, not on a social contract

Positivist School of Thought:Key Assumptions

Account for too much crime; does not explain exceptions well

Ignore the process by which behaviors are made illegal

Assume that most people agree about most things most of the time

Believe that action is determined by causes independent of a person’s free will

Believe that social scientists can be objective in their work

Positivist School of Thought: Problems

Introduction to Criminal Justice

Chapter 3: Explaining Crime

Biological positivism Based on the belief that criminals a

physiologically different from noncriminals The cause of crime is biological inferiority

Biological Theories

Cesare Lombroso◦ Criminals are, by birth, a distinct type◦ Can be recognized by physical characteristics, or

stigmata◦ Physical stigmata do not cause crime; they only

indicate an individual who is predisposed to crime◦ Atavist

Criminal Anthopology

Extension of Lombroso’s criminal anthropology developed by Ernst Kretchmer and William Sheldon

Sheldon found delinquents were more mesomorphic than nondeliquents, and serious delinquents more mesomorphic than less severe delinquents

Body-Type Theory

Family trees Statistical comparisons Identical and fraternal twins Adopted children All have failed to prove criminality is

heredity because they cannot separate hereditary influences from environmental influences

Heredity Studies

Ongoing research has revealed numerous biological factors associated either directly or indirectly with criminal or delinquent behavior

The Limbic System Violent criminal behavior has also been

linked to disorders in other parts of the brain

Modern Biocriminology

Criminal behaviors have also been associated with hormone abnormalities, especially those involving:◦ Testosterone (a male sex hormone)◦ Progesterone and estrogen (female sex

hormones)

Endocrine Abnormalities

Biology or genetics gives an individual a predisposition to behave in a certain way

Whether a person actually behaves in that way and whether that behavior is defined as crime depend on environmental or social conditions

Biological Theories

Introduction to Criminal Justice

Chapter 3: Explaining Crime

Psychological causes of crime include:◦ Intelligence and crime◦ Psychoanalytic theories◦ Humanistic psychological theory

Psychological Theories

Associated with work of Sigmund Freud who believed people with unresolved deep-seated problems were psychopaths

Problems with idea that criminal are psychological “sick” include:◦ Bulk of research suggests no more disturbed than

rest of population◦ Many with psychological disturbances do not

commit crime◦ Much of theoretical structure is scientifically

untestable

Psychoanalytic Theories

Maslow believed that human beings are motivated by five basic levels of needs, and that people choose crime because they cannot (or will not) satisfy their needs legally

Halleck views crime as one of several adaptations to the helplessness caused by oppression

Humanistic Psychological Theory

Most of these theories of crime assume that a criminal’s behavior is determined by his/her social environment and reject the notion of the born criminal

Sociological Theories

Rejected idea that the world is simply the product of individual actions

Argued crime is a social fact Cause of crime is anomie Crime is functional for society and marks

the boundaries of morality Advocated containing crime within

reasonable boundaries

Emile Durkheim

1920s, attempt to uncover relationship between a neighborhood’s crime rate and its characteristics

Described American cities in ecological terms◦ Invasion◦ Domination◦ Succession

Theory of the Chicago School

Neighborhoods with high delinquency rates also experienced social disorganization, the condition in which◦ Usual control over delinquents are largely absent◦ Delinquent behavior is often approved of◦ Many opportunities for delinquent behavior◦ Little encouragement, training, or opportunity for

legitimate employment

Theory of the Chicago School

Robert Merton wrote about a major contradiction in the U.S. between cultural goals and social structure (anomie)

Argued that limited availability of legitimate institutionalized means to wealth puts a strain on people

Anomie or Strain Theory

People adapt through:◦ Conformity◦ Innovation◦ Ritualism◦ Retreatism◦ Rebellion

Anomie or Strain Theory

Cohen adapted Merton’s theory to explain gang delinquency

Cloward and Ohlin further argued that the type of adaptation made by juvenile gang members depends on the illegitimate opportunity structure available to them

Anomie or Strain Theory

Introduction to Criminal Justice

Chapter 3: Explaining Crime

Gabriel Tarde viewed all social phenomena as the product of imitation or modeling

Edwin Sutherland argued that criminal behavior was learning in his differential association theory

Learning Theories

A theory that explains criminal behavior and its prevention with the concepts of:◦ Positive reinforcement,◦ Negative reinforcement,◦ Extinction,◦ Punishment, and ◦ Modeling or imitation

Learning Theories

Key question is Why do people conform? Hirschi argued delinquency should be

expected if a juvenile is not properly socialized by establishing a strong bond to society, consisting of◦ Attachment◦ Commitment◦ Involvement◦ Belief

Social Control Theories

Focus is the criminalization process rather than the positivist concern with the peculiarities of the criminal

Argues that once a person commits a first criminal act, he/she may be labeled negatively as a criminal

Label may become a self-fulfilling prophecy

Labeling Theory

Assumes society is based primarily on conflict between competing interest groups

Criminal law and the CJ system are used to control subordinate groups

Crime is caused by relative powerlessness All behavior occurs because people act in

ways consistent with their social positions

Conflict Theory