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

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CRJS 4467CRJS 4467Contemporary Research & TheoryContemporary Research & Theory

Lecture #2 Lecture #2

1.1. The Structure & Relevance of Theory inThe Structure & Relevance of Theory in CriminologyCriminology

• is criminological theory irrelevant? why isis criminological theory irrelevant? why istheory important? who writes it?theory important? who writes it?

• case in point: routine activities theory; socialcase in point: routine activities theory; socialcontrol theorycontrol theory

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• theory: “a theory is a systematic explanationtheory: “a theory is a systematic explanationfor the observed facts and laws that relatefor the observed facts and laws that relateto a particular aspect of life”to a particular aspect of life”

• a theory includes concepts, propositions, a theory includes concepts, propositions, variables, hypotheses variables, hypotheses

• scientific theories are empirically verifiablescientific theories are empirically verifiable

• scientific theories explain in order to predictscientific theories explain in order to predictand controland control

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• the wheel of science:the wheel of science:

TheoriesTheories

Empirical Empirical Hypotheses HypothesesGeneralizationsGeneralizations

ObservationsObservations

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• public policy as informed, guided by theory?public policy as informed, guided by theory?case in point: chronic impaired driverscase in point: chronic impaired drivers

• theoretical paradigms and theories suggesttheoretical paradigms and theories suggestboth what is important to look at, and whatboth what is important to look at, and whatto disregardto disregard

• there is always a theory to what we do on there is always a theory to what we do on either a micro or macro level – otherwise,either a micro or macro level – otherwise,behaviour would be completely randombehaviour would be completely random(the case of the tigers)(the case of the tigers)

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• articulated propositionsarticulated propositions

the formal or written content of a theorythe formal or written content of a theory concepts related by propositionsconcepts related by propositions

example:example:changes in routine activities in society influencechanges in routine activities in society influence

crime rates by affecting the convergence in crime rates by affecting the convergence in space and time of the following three elements:space and time of the following three elements:

1. motivated offenders1. motivated offenders2. suitable targets2. suitable targets3. the absence of capable guardians against a3. the absence of capable guardians against a violationviolation

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Agnew’s general strain theory (text)Agnew’s general strain theory (text)

• cognitive or empirical validitycognitive or empirical validity

does the theory ‘fit the facts’does the theory ‘fit the facts’ cognitive validity: does the observationalcognitive validity: does the observational

and factual evidence collected fit withand factual evidence collected fit withwhat the theory predicts? does it make what the theory predicts? does it make sense logically, intellectually? sense logically, intellectually?

proving, versus failing to rejectproving, versus failing to reject

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• unarticulated propositionsunarticulated propositions

basic assumptions about human nature basic assumptions about human nature and behaviour: are humans naturally and behaviour: are humans naturally

good, or bad? social or asocial? self-good, or bad? social or asocial? self-interested or altruistic? interested or altruistic?

examples: control theory versus strain examples: control theory versus strain theories: deterrence theories versus theories: deterrence theories versus rehabilitation theoriesrehabilitation theories

assumptions about public policy assumptions about public policy implications of theory (Herrnstein)implications of theory (Herrnstein)

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Aichorn example (text)Aichorn example (text)

Lemert’s primary and secondary devianceLemert’s primary and secondary devianceand the YOA, YCJSand the YOA, YCJS

‘ ‘broken windows’ and crime preventionbroken windows’ and crime prevention

ADD and the ritalin controversyADD and the ritalin controversy

gun control in Canada versus the U.S.gun control in Canada versus the U.S.

early experiences of abuse and criminal early experiences of abuse and criminal behaviourbehaviour

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mental illness and serial murdermental illness and serial murder

the Quinney example (text)the Quinney example (text)

• the sentiment relevance of theorythe sentiment relevance of theory

the intuitive appeal of the theory – the the intuitive appeal of the theory – the case of labelling theory; the case of case of labelling theory; the case of rehabilitation; crime control throughrehabilitation; crime control throughenvironmental designenvironmental design

Weber: ‘value free’ scienceWeber: ‘value free’ science

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2. 2. Jeremy Bentham (1789): “An Introduction toJeremy Bentham (1789): “An Introduction tothe Principles of Morals and Legislationthe Principles of Morals and Legislation

the utilitarian perspective: the the utilitarian perspective: the maximization of pleasure and the maximization of pleasure and the minimization of painminimization of pain

good and bad, causes and effects stem good and bad, causes and effects stem from the principle of utilityfrom the principle of utility

can apply both to the individual, and can apply both to the individual, and the social groupthe social group

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in other words, there can be congruence in other words, there can be congruence between self interest and the collective interestbetween self interest and the collective interest

measurement of pain or pleasuremeasurement of pain or pleasure pleasure and avoidance of pain are endspleasure and avoidance of pain are ends measured in terms of: measured in terms of:

1. intensity1. intensity2. duration2. duration3. certainty/uncertainty3. certainty/uncertainty4. propinquity or remoteness, 4. propinquity or remoteness, andand5. fecundity (same)5. fecundity (same)6. purity (different), and, for persons6. purity (different), and, for persons7. extent or prevalence7. extent or prevalence

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• the utilitarian scorecard (text, p. 107)the utilitarian scorecard (text, p. 107)

• the legislative implications of Bentham’s the legislative implications of Bentham’s work: the pleasure of the majority, the painwork: the pleasure of the majority, the painof the minorityof the minority

• case in point: is the death penalty wrong, then?case in point: is the death penalty wrong, then?

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Lecture #2 - ContinuedLecture #2 - Continued

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1.1. Classical and Neuve Classic Schools of Classical and Neuve Classic Schools of Criminology: Deterrence, Rational Choice, and Criminology: Deterrence, Rational Choice, and Situational Theories of CrimeSituational Theories of Crime

• two basic schools of criminological theory: two basic schools of criminological theory: classical and positiveclassical and positive

• classical school: Beccaria (1764) and classical school: Beccaria (1764) and Bentham (1789) - utilitarian philosophersBentham (1789) - utilitarian philosophers

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• the impact of utilitarianism on social policy the impact of utilitarianism on social policy (later, J.S. Mill here)(later, J.S. Mill here)

• assumption of rationality, free will, free choice – assumption of rationality, free will, free choice – the individual controls her/his own destinythe individual controls her/his own destiny

• crime is a conscious choice, a weighing out of crime is a conscious choice, a weighing out of rewards and costsrewards and costs

• therefore, to prevent crime, the costs must therefore, to prevent crime, the costs must outweigh the benefitsoutweigh the benefits

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• specific versus general deterrencespecific versus general deterrence

• ‘ ‘absolute’ versus ‘restrictive’ deterrenceabsolute’ versus ‘restrictive’ deterrence

• note here: if the law is ineffective, what is thenote here: if the law is ineffective, what is the effect on deterrence, both general and specificeffect on deterrence, both general and specific (sic Durkheim – law and social equilibrium)(sic Durkheim – law and social equilibrium)

• Stafford and Warr (1993): the interplay Stafford and Warr (1993): the interplay between general and specific deterrence/between general and specific deterrence/ avoidance (what consequence for crime control?)avoidance (what consequence for crime control?)

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• empirical research on deterrenceempirical research on deterrence:: certainty, celerity are the key factors in certainty, celerity are the key factors in effectiveness: not severityeffectiveness: not severity

overall, not much evidence for the overall, not much evidence for the efficacy of deterrenceefficacy of deterrence

the the perceptionperception of punishment may be of punishment may be more important than the realitymore important than the reality

the element of police visibility as a the element of police visibility as a factor in deterrence/crime preventionfactor in deterrence/crime prevention

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deterrence and imprisonment: real deterrence, deterrence and imprisonment: real deterrence, or selective incapacitation?or selective incapacitation?

extensions of deterrence theory: inhibition extensions of deterrence theory: inhibition and informal control of behaviour (shaming)and informal control of behaviour (shaming)

the importance of social status? but for whom?the importance of social status? but for whom?

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• the Neuve classical schoolthe Neuve classical school

rational choice theory and routine rational choice theory and routine activities theoriesactivities theories

Rational choice theory: Gary Becker (1968)Rational choice theory: Gary Becker (1968) choice uncertainty, and the subjective choice uncertainty, and the subjective expected utility model (SEU) - also expected utility model (SEU) - also ‘ ‘bounded rationality’ and ‘human capital’ bounded rationality’ and ‘human capital’

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Routine Activities Theory (Cohen & Felson,Routine Activities Theory (Cohen & Felson, 1979)1979)

assumes motivated offender, suitable target, assumes motivated offender, suitable target, absence of capable guardianship – but alsoabsence of capable guardianship – but also rationality and an unexpected, ‘eventmental’ rationality and an unexpected, ‘eventmental’ dimensiondimension

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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)

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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

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• “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

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• 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 - judges have no right to make, interpret law - this is the prerogative of legislators, and of the this is the prerogative of legislators, and of the (sovereign) government(sovereign) government• laws and criminal code must be in a languagelaws and criminal code must be in a language easily understood by common people if they easily understood by common people if they are to be expected to obey the laware to be expected to obey the law

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• 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 crimesa ‘calculus’ relating punishments to crimes• ““pleasure and pain are the only springs of pleasure and pain are the only springs of action in human beings endowed with action in human beings endowed with sensibility” sensibility”

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• “the end of punishment, therefore, is no other than to prevent the criminal from doing than to prevent the criminal from doing further injury to society, and to prevent further injury to society, and to prevent others from committing the like offense”others from committing the like offense”• note - secret and false accusations - the note - secret and false accusations - the necessity of an open, public criminal processnecessity of an open, public criminal process• torture - no one is guilty until proven so - torture - no one is guilty until proven so - what justification then for torture?what justification then for torture?

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

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• 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

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• the right to prepare a proper defense • prevention better than prosecution - hence the paramount need for ‘good’ law - the need for paramount need for ‘good’ law - the need for education, to reward virtueeducation, to reward virtue• the severity of punishments tied to the degreethe severity of punishments tied to the degree of social development?of social development?

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• That a punishment may not be an act of violence of one, or of many, against a violence of one, or of many, against a private member of society, it should be private member of society, it should be public, immediate, and necessary, the least public, immediate, and necessary, the least possible in the case given, proportioned to possible in the case given, proportioned to the crime, and determined by the laws”the crime, and determined by the laws”

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2. 2. Lawrence Cohen & Marcus FelsonLawrence Cohen & Marcus Felson - “A Routine ActivityApproach” (1979)- “A Routine ActivityApproach” (1979) (cont’d) (cont’d)

• influential in policing in terms of the ‘brokeninfluential in policing in terms of the ‘broken windows’ (Wilson & Kelling, 1982) theory ofwindows’ (Wilson & Kelling, 1982) theory of crime, also in terms of ‘ecological management’crime, also in terms of ‘ecological management’ and ‘target hardening’ approaches, especiallyand ‘target hardening’ approaches, especially victim awareness programs, crime preventionvictim awareness programs, crime prevention

• the police as guardians against ‘disorder’the police as guardians against ‘disorder’

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focus on ‘direct-contact predatory’ types of focus on ‘direct-contact predatory’ types of crimes, where “someone definitely andcrimes, where “someone definitely and intentionally takes or damages the person orintentionally takes or damages the person or property of another”property of another”

- direct physical contact between offender and- direct physical contact between offender and victim or objectvictim or object

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•changes in routine activities in society influencechanges in routine activities in society influence crime rates by affecting the convergence in crime rates by affecting the convergence in space and time of the following three elements:space and time of the following three elements:

1. motivated offenders1. motivated offenders2. suitable targets2. suitable targets3. the absence of capable guardians against a3. the absence of capable guardians against a

violationviolationnotenote: the case of population demographics, : the case of population demographics,

incident reporting and patrol deploymentincident reporting and patrol deployment

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• “ “if the proportion of motivated offenders or if the proportion of motivated offenders or even suitable targets were to remain stable in even suitable targets were to remain stable in a community, changes in routine activitiesa community, changes in routine activities could nonetheless alter the likelihood of theircould nonetheless alter the likelihood of their convergence in space and time, thereby convergence in space and time, thereby creating more opportunities for crimes to occur.”creating more opportunities for crimes to occur.”

• in short, structural changes in a society can alterin short, structural changes in a society can alter the routine activities that people engage in, the routine activities that people engage in, altering the relative probability of predatory crimealtering the relative probability of predatory crime

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Hawley’s Human Ecological Theory and RATHawley’s Human Ecological Theory and RAT::

• usually, criminologists concentrate on the spatialusually, criminologists concentrate on the spatial distribution of crime, not the temporal distributiondistribution of crime, not the temporal distribution

• Hawley identified three important temporal Hawley identified three important temporal components of community structure:components of community structure:

1.1. rhythm (periodicity of events)rhythm (periodicity of events)2.2. tempo (# events per unit of time)tempo (# events per unit of time)3.3. timing (coordination, synchronization of timing (coordination, synchronization of interdependent events)interdependent events)

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• the probability that a violation will occur is a the probability that a violation will occur is a function of the convergence of offenders and function of the convergence of offenders and targets in the absence of guardianship, or:targets in the absence of guardianship, or:

Pc = [ O * T] / AGPc = [ O * T] / AG

• illegal activities feed not from other illegal illegal activities feed not from other illegal activities, but from legal activities; hence, activities, but from legal activities; hence, points of juncture are at increased risk - hence,points of juncture are at increased risk - hence, focus on routine activities, temporally and focus on routine activities, temporally and spatiallyspatially

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• note the significance of urbanization andnote the significance of urbanization and

suburbanization, the automobile, electronic suburbanization, the automobile, electronic technology, computers, other technology, masstechnology, computers, other technology, mass production of weaponry, store hoursproduction of weaponry, store hours

• target suitability - value (materially, symbolically),target suitability - value (materially, symbolically), physical visibility, access, inertia (weight, size, physical visibility, access, inertia (weight, size, features, physical response of victim or target)features, physical response of victim or target)

• e.g. teens and clothing e.g. teens and clothing

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• e.g. the proportion of individual households as e.g. the proportion of individual households as predictive of crime ratepredictive of crime rate

• employment or unemployment rates?employment or unemployment rates?

• FLFP and property crimes?FLFP and property crimes?

• school attendance and theft?school attendance and theft?

• impaired drivingimpaired driving

• older offenders, older victimsolder offenders, older victims

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3. Sherman & Berk: 3. Sherman & Berk: The Deterrent Effects of Arrest The Deterrent Effects of Arrest for Domestic Assaultfor Domestic Assault (ASR, 1984) (ASR, 1984)

• conflicting demands/alternatives for police:conflicting demands/alternatives for police:1.1. forced separationforced separation2.2. mediationmediation3.3. arrestarrest

• randomized experiment conducted withrandomized experiment conducted withMinneapolis Police DepartmentMinneapolis Police Department

• simple misdemeanor domestic assaults simple misdemeanor domestic assaults

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• random selection of advice/mediation, separation,random selection of advice/mediation, separation,arrest strategiesarrest strategies

• follow-up interviews with victimsfollow-up interviews with victims

• measurement of subsequent victimizations measurement of subsequent victimizations following the interventionfollowing the intervention

• both police-based and victim-based outcome both police-based and victim-based outcome measures employed measures employed

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

• victim-reported data showed arrest most deterrent,victim-reported data showed arrest most deterrent, followed by separation, advice/mediationfollowed by separation, advice/mediation

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4. 4. Rational Choice TheoryRational Choice Theory (Clarke & Cornish) (Clarke & Cornish)

• six basic propositions:six basic propositions:1.1. crimes are purposive & deliberate acts,crimes are purposive & deliberate acts,

committed with the intention of benefitingcommitted with the intention of benefitingthe offenderthe offender

2.2. In seeking to benefit themselves, offendersIn seeking to benefit themselves, offendersdo not always succeed in making the bestdo not always succeed in making the bestdecisions because of the risks and decisions because of the risks and uncertainty involved.uncertainty involved.

3.3. offender decision making varies offender decision making varies considerably with the nature of the crime.considerably with the nature of the crime.

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4.4. Decisions about becoming involved in Decisions about becoming involved in particular kinds of crime (involvement particular kinds of crime (involvement decisions) are quite different from decisions) are quite different from those relating to the commission of a those relating to the commission of a specific criminal act (event decisions).specific criminal act (event decisions).

5.5. Involvement decisions can be dividedInvolvement decisions can be dividedinto three stages – becoming involvedinto three stages – becoming involvedfor the first time (initiation), continuedfor the first time (initiation), continuedinvolvement (habituation), and ceasing toinvolvement (habituation), and ceasing tooffend (desistance) – that must be offend (desistance) – that must be separately studied because they are separately studied because they are influenced by quite different sets of influenced by quite different sets of variables.variables.

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6.6. Event decisions include a sequence ofEvent decisions include a sequence ofchoices made at each stage of the choices made at each stage of the criminal act (e.g. preparation, targetcriminal act (e.g. preparation, targetselection, commission of the act, escapeselection, commission of the act, escapeand aftermath.)and aftermath.)

• human behaviour is almost never human behaviour is almost never senselesssenseless

• acts as acts as satisficingsatisficing rather than rather than optimizingoptimizing

• decision making is relevant to a specific crimedecision making is relevant to a specific crime

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• involvement decisions relate to ‘stages’ in involvement decisions relate to ‘stages’ in a criminal career:a criminal career:

1.1. initiationinitiation2.2. habituationhabituation3.3. desistancedesistance

• event decision refer to decisions related to event decision refer to decisions related to committing a specific actcommitting a specific act

• additional factors: additional factors: 1.1. background factorsbackground factors2.2. current life circumstancescurrent life circumstances3.3. situational variablessituational variables

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• refer to Figures 1 & 2, pages 28 and 30refer to Figures 1 & 2, pages 28 and 30

• refer to Figures 3 & 4, pages 30, 31refer to Figures 3 & 4, pages 30, 31

• what makes rational choice theory differentwhat makes rational choice theory different??1.1. focus on choicefocus on choice2.2. a theory of both crime & criminalitya theory of both crime & criminality3.3. focus on dynamic nature of crimefocus on dynamic nature of crime4.4. importance of situation & opportunityimportance of situation & opportunity5.5. distinction between motive and motivationdistinction between motive and motivation6.6. the normality of crimethe normality of crime7.7. a general theorya general theory8.8. policy relevancepolicy relevance9.9. compatibility with criminal justicecompatibility with criminal justice

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• applications of the rational choice theory:applications of the rational choice theory:

1.1. repeat victimizationrepeat victimization2.2. preferences of thieves (CRAVED)preferences of thieves (CRAVED)3.3. serial killsserial kills4.4. dramatic fall in suicidedramatic fall in suicide5.5. situational crime preventionsituational crime prevention

e.g. e.g. photo-radarphoto-radar‘‘green space’green space’7-11 redesign7-11 redesign

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• criticisms of rational choice theorycriticisms of rational choice theory

1.1. criminals are far from rationalcriminals are far from rational2.2. only some crimes are rationalonly some crimes are rational3.3. the theory is nothing newthe theory is nothing new

Can rational choice theory explain pedophilia?Can rational choice theory explain pedophilia?Vandalism? Minor assault? Terrorism?Vandalism? Minor assault? Terrorism?

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