Classical and Rational Choice Theories
Module 5 introduces classical and rational choice theory as two distinct yet related perspectives that lend to foundations of early criminological thought. Classical theory in criminology refers to a school of thought that emerged during the Enlightenment period in the 18th century. It represents a significant departure from the prevailing views on crime and punishment at the time, which were often characterized by harsh and arbitrary methods of dealing with criminal behavior. Classical criminology is associated with the works of prominent thinkers such as Cesare Beccaria and Jeremy Bentham. Their writings sought to establish a rational and systematic approach to understanding crime, punishment, and the functioning of the criminal justice system. Rational choice theory is a social science perspective that seeks to explain human behavior, including criminal behavior, based on the idea that individuals have agency. That is, humans are rational decision-makers who weigh the costs and benefits of their actions to maximize their self-interests. It is widely used in various fields, including economics, sociology, political science, and criminology.
Learning Objectives
After completing this module, you should be able to:
- identify the major principles of the Classical School of criminology.
- name some forerunners of classical thought in criminology.
- list some important thinkers of the Classical School of criminology, and what was their legacy.
- describe neoclassical criminology, and how does it differ from the classical perspective.
- explain the role of punishment in neoclassical criminology.
- describe the policy implications of the Classical School and of neoclassical thought.
- recognize the social context of neoclassical theories and their rise to prominence in America during the 1970s.
- describe the central concepts in deterrence theory, including specific, general, marginal, and focused deterrence.
- recall what the various empirical tests indicate about the empirical status of deterrence theory.
- explain the central concepts in the routine activities and lifestyle approaches to criminal behavior.
- describe rational choice theory and its relationship to deterrence.
- understand policy implications of rational choice theory, including criminal justice policies and situational crime prevention.
Summary
Classical and rational choice theories are two influential perspectives in criminology that attempt to explain criminal behavior based on rational decision-making processes. While they share some similarities, they also have distinct features and historical contexts.
Classical criminology emerged during the Enlightenment period in the 18th century and was popularized by thinkers like Cesare Beccaria and Jeremy Bentham. It marked a significant shift away from the prevailing views of crime and punishment at the time, which were often characterized by harsh and arbitrary penalties.
Classical theory assumes that individuals are rational beings who make decisions based on a cost-benefit analysis. Criminal behavior is seen as a calculated choice made by individuals who weigh the potential benefits of the crime against the perceived risks of getting caught and punished.
A central concept in classical theory is deterrence. The theory posits that punishment can deter individuals from engaging in criminal acts. This idea is based on the belief that if the punishment is swift, certain, and severe, potential offenders will be dissuaded from committing crimes.
Classical criminologists emphasized the need for a fair and just legal system. They advocated for the rule of law and argued that all individuals, regardless of their social status or wealth, should be treated equally before the law.
Classical theorists proposed that individuals enter into a social contract with the state or society, surrendering certain freedoms in exchange for protection of their rights and property. Criminal acts were viewed as a breach of this social contract.
Rational choice theory builds upon the foundation of classical theory but takes a more individualistic and micro-level approach. It gained popularity in the late 20th century and is based on the principles of rational decision-making and utility maximization.
Rational choice theory focuses on the decision-making processes of individuals. It examines how individuals assess the costs and benefits of engaging in criminal behavior and how they seek to maximize their self-interest.
The theory emphasizes the importance of opportunity structures. It suggests that criminal acts are more likely to occur when there are suitable opportunities available for offenders to exploit. These opportunities might be influenced by factors such as the presence of capable guardianship, the attractiveness of potential targets, and the absence of effective deterrents.
Rational choice theory has practical applications in the field of crime prevention. By understanding the decision-making processes of potential offenders, situational crime prevention strategies aim to manipulate the factors that influence criminal opportunities, making crime less attractive or more difficult to commit.
Rational choice theory is closely related to routine activities theory, which was introduced by Lawrence Cohen and Marcus Felson. Routine activities theory suggests that crime occurs when three elements converge: motivated offenders, suitable targets, and the absence of capable guardianship.
Neoclassical theory in criminology is an extension and refinement of classical theory that emerged as a response to some of the limitations and criticisms of the classical perspective. While neoclassical theory shares many fundamental principles with classical theory, it introduces certain modifications and acknowledges additional factors that influence criminal behavior.
Neoclassical theory represents a more nuanced and flexible approach to understanding criminal behavior than classical theory. It seeks to strike a balance between acknowledging the role of rational choice and recognizing that human behavior can be influenced by various psychological, social, and situational factors. This perspective has contributed to ongoing discussions and reforms within the criminal justice system regarding the appropriate treatment of offenders based on individual circumstances and levels of responsibility.
While both classical and rational choice theories emphasize rational decision-making, rational choice theory takes a more nuanced approach by focusing on individual-level factors and situational contexts that influence criminal behavior. These theories have been influential in shaping modern criminological thought and have contributed to the development of crime prevention strategies and policies that aim to deter criminal activity by manipulating the cost-benefit calculations of potential offenders.
Key Takeaways
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Key Terms/Concepts
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Age of Reason (also known as the age of Enlightenment)
Cesare Beccaria (1738-1794)
Ronald Clarke and Derek Cornish
Classical Criminology
Daniel Nagin
Deterrence
Gary Beker (1968)
Homo Economicus
Jeremy Bentham (1748-1832)
Just Deserts
Natural Law
Neoclassical Criminology
Objective Deterrence
Perceptual Deterrence
Rational Choice Theory (RTC)
Routine Activities Theory
Self Control Theory
Situational Crime Control
Subjective Utility Model
Mapping Early Criminology
Modern Application
Integrated Deterrence In Cyberspace
Integrated deterrence is a framework that combines all domains of warfare, all instruments of national power, and the coordinated capabilities of allies and partners to deter adversaries and defend national interests.
Because cyberspace is a contested and complex domain, it poses unique challenges and opportunities for integrated deterrence, such as the difficulty of attribution, the asymmetry of capabilities, the speed and scale of cyber operations, and the interdependence of public and private actors.
The U.S. Department of Defense (DoD) is implementing integrated deterrence in cyberspace by generating insights about the adversary’s cyber operations and capabilities, enabling better cyber defenses for the U.S. government, industry, and international partners, and acting to deter or disrupt adversary cyber actors and halt malicious activities.
Understanding concepts of deterrence within the context of cyberspace is increasing important as it will inform the authorities, identify domestic and international obligations, and aid in the assessment of risks of cyber operations.
- Jacquelyn Schneider, Hoover Fellow at the Hoover Institution, Does cyber deterrence work? National security expert on cybersecurity and National Defense Strategy (Government Matters, Jan. 2022) [also embedded below]
Key Terms/Concepts
- Resilient Deterrence – A strategic approach aimed at maintaining and enhancing the ability to deter adversaries through adaptable, robust, and enduring capabilities, which minimize the impact of disruptions thus reducing the incentive. This concept is commonly applied in military and defense contexts, but can also extend to cybersecurity, law enforcement, and other fields where deterrence is crucial, e.g., private and public digital infrastructures.
Read, Review, Watch and Listen
1. Voluntarily Read Chapter 23: Classical Perspective by Andy Hochstetler, Iowa State University (Hochstetler, 2009)
- Print a copy or have access to this reading via a digital device for in class review and discussion.
- To support the student’s reading of the article, they can listen to a recorded version of the same. Note that listening to the article is not a substitute for a careful and directed reading of the document
This chapter:
- explains that classical criminology is rooted in the 18th-century ideas of philosophers like Beccaria and Bentham, who viewed crime through an economic lens and introduced rational choice theory, asserting that individuals make decisions to maximize pleasure and minimize pain.
- discusses rational choice theory’s influence on modern criminology and its role in “get-tough” policies, while also cautioning that classical theory does not inherently advocate punitive measures but supports measured and evidence-based justice.
- emphasizes that classical theorists believed in the necessity of rational, minimal, and effective punishment, advocating that laws should deter crime with the least possible harm to individuals and society.
- describes how rational choice theory has evolved to incorporate social, economic, and psychological variables, allowing a more comprehensive understanding of how individuals assess the costs and benefits of crime.
- highlights recent studies on deterrence that reveal how offenders adjust their perceptions of risk and reward based on past experiences, peer influence, and subjective probabilities of punishment.
2. Read Chapter 27: Deterrence and Rational Choice by Raymond Paternoster, University of Maryland (Paternoster, 2009)
- Print a copy or have access to this reading via a digital device for in class review and discussion.
- To support the student’s reading of the article, they can listen to a recorded version of the same. Note that listening to the article is not a substitute for a careful and directed reading of the document.
This chapter:
- introduces deterrence and rational choice theories (RCT), explaining that both focus on how the perception of punishment affects individuals’ decisions to engage in or refrain from crime, with RCT also accounting for rewards of both criminal and non-criminal options.
- differentiates between general deterrence, where individuals refrain from crime due to the threat of legal punishment, and specific deterrence, which prevents previously punished individuals from reoffending due to the fear of further punishment.
- emphasizes that, according to rational choice theory, people make decisions about crime based on a rational assessment of potential benefits versus risks, which can include formal sanctions, informal sanctions, and personal moral concerns.
- discusses empirical support for deterrence theory, noting that perceived certainty of punishment can have a deterrent effect, with informal sanctions such as shame and social disapproval often being more effective than formal sanctions alone.
- explores various policy applications of RCT, suggesting that crime can be reduced by increasing the costs of crime, reducing the benefits of crime, increasing the benefits of legal alternatives, or lowering the costs associated with non-criminal behavior.
3. Review Twenty-Five Techniques of Situational Prevention: 25 techniques grid (ASU Center for Problem Oriented Policing, 2023)
a. Situational crime prevention is a key component of rational choice theory within the field of criminology. Rational choice theory is a theoretical framework that suggests that individuals make decisions to engage in criminal behavior based on a rational assessment of the potential costs and benefits of their actions. Situational crime prevention focuses on altering the immediate environment and situational factors to reduce the opportunities for crime and make criminal behavior less attractive to potential offenders.
4. Review the National Institute of Justice’s FIVE THINGS ABOUT DETERRENCE, (DOJ/OJP, May 2016)
5. Watch Self-Control Theory (Danielle MacCartney) [last accessed, Sep. 2023]. Also embedded below.
a. The self-control theory of crime, also known as the General Theory of Crime or the self-control theory, is a criminological theory developed by Travis Hirschi and Michael Gottfredson in 1990. This theory focuses on understanding why individuals engage in criminal behavior and what factors contribute to their decision to commit crimes. The central premise of this theory is that low self-control is the primary factor underlying criminal behavior.
6. Watch The Trouble with Long Prison Terms (Justice Policy Institute, September 2020)
a, The effectiveness of long prison terms in deterring crime is a complex and debated issue within the field of criminology. While some proponents argue that longer sentences act as a deterrent by incapacitating potential offenders and sending a message that crime will be met with severe punishment, others contend that the relationship between long prison terms and crime deterrence is not straightforward.
b. The relationship between long prison terms and crime deterrence is not straightforward, and its effectiveness can vary depending on the type of crime, individual factors, and societal conditions. While long prison sentences may deter some individuals from committing crimes, they are not a panacea for reducing crime rates. Many experts argue for a more balanced approach to criminal justice that considers factors such as rehabilitation, reintegration, and addressing the root causes of criminal behavior in addition to punitive measures like long prison terms.
7. Watch Reason TV’s 3 Reasons to Get Rid of the Death Penalty (Sep. 9, 2014) – last accessed September 2023. Also embedded below.
a. The death penalty, also known as capital punishment, is a controversial and heavily debated topic when considered as a form of deterrence in criminal justice systems. The central argument in favor of the death penalty as a deterrent is that the prospect of facing the ultimate punishment, death, can deter individuals from committing serious crimes, particularly murder. However, this argument is fraught with complexities, and its effectiveness as a deterrent is a subject of extensive research and debate.
b. The idea behind using the death penalty as a deterrent is rooted in deterrence theory, which suggests that potential offenders weigh the potential costs and benefits of their actions before committing a crime. Proponents argue that the death penalty, being the harshest punishment possible, can act as a strong deterrent because individuals may be less likely to commit a murder if they fear execution.
c. Criminologists argue that potential offenders are influenced by various complex factors, such as socioeconomic conditions, family background, drug addiction, mental health issues, and the perceived likelihood of getting caught, in addition to the severity of punishment. Therefore, the effectiveness of the death penalty as a deterrent is challenging to isolate from these other influences.
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Activity – Assessing Deterrence, the Death Penalty, and the Administration of Justice
STOP!!!
Students should review the course syllabus to determine the assignment of this activity.
This is a copy of the module’s activity that students find within Blackboard. For that reason, refer to the Activities page to submit your work for review.
Purpose
The purpose of this activity is to advance the student’s understanding of the death penalty from the context of the neoclassical perspective and to either establish or challenge their own established position on the subject. Particular attention is given to the concept of deterrence and its application within a modern context.
Instructions
- Review 5 Things About Deterrence (NIJ, May 2016) [see attached]
- Review the Death Penalty Information Center (DCIP) 2024 fact sheet (see attached)
- Watch Reason TV’s 3 Reasons to Get Rid of the Death Penalty (Sep. 9, 2014)
- Watch, Gov. Gavin Newsom on halting death penalty: “It’s a racist system. You cannot deny that.”
- Watch, CA Governor Spares 700+ Lives By Ending Death Penalty | Velshi & Ruhle | MSNBC (also embedded below).
- Review the related, but not required United States Department of Justice / Bureau of Justice Statistics Capital Punishment, 2021 Statistical Tables
California Governor Imposes a Moratorium on the Death Penalty
The following example is emblematic of social and attitudinal changes throughout the country. California Governor Gavin Newsom signed an executive order that placed a moratorium on the death penalty within the state on March 13, 2019. In addition to the moratorium, the executive order also called for the repeal of lethal injections protocols and a closure of the San Quentin execution chamber. Governor Newsom’s move has been praised by some as a progressives move towards fixing the inequality inherent in the criminal justice system. However, he has also received backlash from those who argue that he has gone against Californian voters, who in 2012 and 2016 rejected ballot measures to abolish the death penalty within the state.
Answer the following questions:
- From a deterrence perspective, describe what you believe is the most convincing argument for the death penalty?
- From a deterrence perspective, describe what you believe is the least convincing argument for the death penalty?
- Based on your first two responses, do you believe that the death penalty deters crime? Explain and be specific.
- In your estimation, did Governor Gavin Newsom made the right decision in imposing the moratorium on the death penalty in the state of California? Explain and be specific.
Key Concepts
Just deserts – suggests that punishment rightfully reflects the pain caused and is thus earned by the law violator.
Retribution – similar to just deserts and implies that criminals (i.e., law violators), deserve to be punished because they have violated a legal system from which everyone benefits.
General deterrence – the idea that punishing offenders sets an example and deters the rest of society from engaging in law violating activities.
Specific deterrence – the principle of refers to the use of punishment for criminal activity intended to discourage a specific individual from re-offending.
Discussion Questions
- How rational and deterrence theories account for the influence of emotions, impulses, or peer pressure on criminal behavior?
- What are some of the unintended consequences or side effects of relying on sanctions to prevent crime?
- How can deterrence and rational choice theories inform crime prevention policies and programs?
- How do classical criminology and rational choice perspectives differ in their assumptions, methods, and applications?
- How do the concepts of deterrence and self-control relate to the classical and rational choice perspectives on crime?
- How do individuals and groups make or structure decisions that lead them to engage in or abstain from criminal behavior?
Supplemental Resources
- Free access to classical texts like Cesare Beccaria’s Essays on Crime and Punishment (last accessed, Dec. 2024).
- Executions in Oklahoma: Cruel and Unusual? (VICE News, Feb. 2023) [last accessed, Feb. 2024].
- Cornish and Clarke (2003). 25 Techniques of Situational Crime Prevention (as cited by ASU, Center for Problem Oriented Policing, 2024) [last accessed, Feb. 2024].
- Death Penalty Information Center (DPIC)
- The Death Penalty Information Center (DPIC) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public with data and analysis on issues concerning capital punishment and the people it affects. DPIC does not take a position on the death penalty itself but is critical of problems in its application.
- Center for Law and Social Policy
- The Center for Law and Social Policy (CLASP) is a national, nonpartisan, nonprofit organization advancing policy solutions for people with low incomes.
- Associated Press (AP), California moves to dismantle nation’s largest death row (January 21, 2022) [last accessed, Feb. 2024].
- CBS News Kenneth Eugene Smith executed by nitrogen hypoxia in Alabama, marking a first for the death penalty (Jan. 26, 2024) [last accessed, Feb. 2024].
References
- Hochstetler, A. (2009). Classical Perspectives. In J. M. Miller (Ed.), 21st Century Reference Series. 21st Century Criminology: A Reference Handbook (Vol. 1, pp. 201-209). SAGE Reference. https://link.gale.com/apps/doc/CX3201600034/GVRL?u=cod_lrc&sid=bookmark-GVRL&xid=fe41aea7
- Paternoster, R. (2009). Deterrence and Rational Choice Theories. In J. M. Miller (Ed.), 21st Century Reference Series. 21st Century Criminology: A Reference Handbook (Vol. 1, pp. 236-244). SAGE Reference. https://link.gale.com/apps/doc/CX3201600038/GVRL?u=cod_lrc&sid=bookmark-GVRL&xid=79736864
- Arizona State University (2023), Twenty-Five Techniques of Situational Prevention (Center for Problem Oriented Policing, 2023). https://drive.google.com/file/d/1g4meX_GHR2tu3zlFPFp5srGSc6aWOrVq/view. Accessed 19, Feb. 2024.
- National Institute of Justice’s (NIJ). FIVE THINGS ABOUT DETERRENCE, (DOJ/OJP, May 2016). https://drive.google.com/file/d/16p1KSzLr-NV-4MD2X5EM8I_Ln2leL_bS/view. Accessed 19 Feb. 2024.
- Danielle MacCartney (Oct. 2021), Self-Control Theory. https://youtu.be/AiIIDC3fHGY?si=t_tIzykM4MTgJ6-P. Accessed 19 Feb. 2024.
- Justice Policy Institute (Sep. 2020), TheTrouble with Long Prison Terms (Justice Policy Institute, September 2020). https://justicepolicy.org/long-prison-terms/. Accessed 19 Feb. 2024.
- Reason TV, 3 Reasons to Get Rid of the Death Penalty (Sep. 9, 2014). https://youtu.be/qI1-rneRkDE?si=gNFPamsx2h_r5Ilh. Accessed 19 Feb. 2024.
An important social movement in the seventeenth and eighteenth centuries. Key thinkers whose ideas were the foundation for the Enlightenment were Thomas Hobbes (1588-1679), John Locke (1632-1704), and Jean-Jacques Rousseau (1712-1778).
Cesare Bonesana, Marchese di Beccaria, was an Italian philosopher, criminologist, and jurist. Beccaria is best known for his influential work in the field of criminology, particularly for his groundbreaking treatise titled "On Crimes and Punishments" ("Dei delitti e delle pene" in Italian), which was first published in 1764. In "On Crimes and Punishments," Beccaria argued against the prevalent and harsh penal practices of his time and advocated for a more humane and rational approach to criminal justice. He criticized the use of torture, the death penalty, and other cruel forms of punishment that were common in Europe during the 18th century. Beccaria believed that punishment should be based on the principle of utility, aiming to deter crime and protect society while avoiding unnecessary cruelty.
Beccaria proposed that punishment should be severe enough to deter individuals from committing crimes, but it should not be excessively cruel. He argued that the certainty of punishment is more effective in deterring crime than its severity.
Beccaria emphasized the importance of equality before the law, advocating for a legal system that treats all individuals equally regardless of their social status or wealth.
Beccaria urged for quick and transparent trials, ensuring that justice is delivered promptly and that the public can trust the legal system.
Beccaria strongly opposed the use of the death penalty, arguing that it was neither effective in deterring crime nor in achieving justice.
Leading scholars of RCT who have proposed a framework for modeling offenders’ decisions and have applied RCT to various types of crimes and crime prevention strategies.
A school of thought in criminology that emerged during the 18th century as a response to the harsh and arbitrary legal systems of that time. It is considered one of the foundational theories in the field of criminology and marks a significant departure from earlier approaches to crime and punishment.
A prominent criminologist who has conducted extensive research on the empirical status of deterrence theory and the role of choice in criminological theory.
A concept in the fields of international relations and criminology that refers to the use of threats or the imposition of costs to prevent others from taking certain actions or engaging in undesirable behavior. The idea behind deterrence is to discourage potential adversaries or individuals from pursuing a course of action by making them believe that the costs or consequences of their actions will outweigh any potential benefits.
An influential American economist known for his pioneering work in the field of economics. Becker made significant contributions to various areas of economics, particularly in the areas of human capital theory, labor economics, and the economics of discrimination. Some of his most notable contributions and ideas include human capital theory, economics of discrimination, economic approaches to family and household, and rational choice theory. Gary Becker received numerous awards and honors during his lifetime, including the Nobel Prize in Economic Sciences in 1992. His work continues to be a foundation for research in economics and has had a lasting impact on the field.
Often referred to as "economic man," is a theoretical concept in economics that represents an idealized and simplified model of human behavior within economic contexts. It is not a description of how real people always behave, but rather a simplifying assumption that helps economists analyze and understand economic decision-making.
Was an influential British philosopher, jurist, and social reformer. He is best known for his contributions to the fields of ethics, political philosophy, and legal theory. Bentham was a leading figure of the utilitarian movement and is often considered the father of utilitarianism.
A concept in criminal justice that refers to the idea that individuals who commit crimes should receive punishments that are commensurate with the severity of their offenses. In other words, it means that the punishment should be proportional and fair, reflecting the moral responsibility of the offender for their actions.
The philosophical perspective that certain immutable laws are fundamental to human nature and can be readily ascertained through reason. In contrast, human-made laws are said to derive from human experience and history, both of which are subject to continual change.
A kind of middle ground between the total free will of the classical perspective and the hard determinism of positivism. It differs from the classical perspective in that it focuses focused on the importance of character and the dynamics of character development, but also incorporates classical concepts by considering the rational choices people make when faced with opportunities for crime. Essentially, it is a modern-day application of classical principles to current problems of crime and crime control in contemporary society.
Refers to a concept in criminology and criminal justice that focuses on reducing or preventing criminal behavior by creating an environment where potential offenders perceive a high likelihood of getting caught and facing severe consequences for their actions. It is a theory that relies on the objective elements of deterrence rather than the subjective motivations of individual offenders.
Also known as subjective deterrence, is a concept in criminology and criminal justice that focuses on how individuals' perceptions and beliefs about the likelihood of getting caught and the severity of punishments influence their decision-making regarding criminal behavior. Unlike objective deterrence, which emphasizes the actual, observable aspects of law enforcement and punishment, perceptual deterrence centers on the subjective factors that affect an individual's choice to engage in or abstain from criminal acts.
Developed out of the neoclassical school of criminology and is based on the belief that criminals make a conscious, rational, and at least partially informed choice to commit crime after weighing the costs and benefits of available alternatives. The two main varieties of choice theory are routine activities theory and situational choice theory.
Examines the interaction of motivated offenders, capable guardians, and suitable targets as an explanation or crime and suggests that an individual’s everyday activities contribute significantly to the likelihood of his or her victimization.
Another descendant of classical criminology that argues that low self-control, a stable personality trait, predisposes individuals to crime and other present-oriented activities.
Shifts the focus of crime prevention away from the offender and onto the context in which crime occurs. Instead of focusing on why people commit crime, it looks primarily at why crime occurs in specific settings. It emphasizes the concept of opportunity – reduce opportunities for crime in specific situations to prevent crime. Situational crime control works by removing or reducing criminal opportunity.
A concept in economics and decision theory that focuses on how individuals make choices based on their subjective evaluations of the utility, or satisfaction, they expect to derive from different options or outcomes. This model is a fundamental component of microeconomics and helps explain how individuals make rational decisions by weighing the benefits and costs of various alternatives.