Classical Theory: Deviance as a Rational Choice
I. Enlightenment (18th
Century): Philosophical/Cultural Movement
A. Humans as creatures of
Reason/Rationality
1. decline
of religious cosmology
2. birth
of modern science
B. Social Structural Factors
1. population
2. urbanization
3. decline
of church authority
a. Scholasticism
4. nation-state
a.
individual as primary political "unit"
b.
state as will of the people
c.
social contract
II.
Cesare Beccaria (Essay on Crimes and
Punishments, 1764)
A. key principles of classical theory
1. naturalness
of the social contract
2. and
of the rational rule of state law
3. belief
in free will
4. goodness
of reason/rationality
B. key ideas in Essays
1. the need for rational punishments to preserve the social contract
2.
Legislative Determination of Law,
Judicial Determination of Guilt
3. Deviance is Hedonistic and Rational: Maximize Pleasure, Minimize Pain
4. Punishment is Rationally Calculated Social Control
5. Deterrence is the Goal of Social Control
III.
Which Acts are Deviant?
A. to be determined by legislatures (the
law-makers)
1. acts
which violate the public good
2. Beccaria: "demonstrable
social harm"
IV.
Modifications of Beccaria's Ideas
A. Premeditation
= criterion of intentionality
1. free
will is implied in planning
B. Mitigating
Circumstances
C. Insanity
V.
Neo-Classical Theory
A. deviance is rational choice
B. fixed and mandatory punishments
C. warn all that offenders will be
punished
D. reduce judicial discretion
E. strengthen police powers
F. cut back on individual rights
G. treat
juveniles as adults
H. eliminate parole
VI. Deterrence: Severity,
Certainty, Celerity (swiftness)
A.
special deterrence: prison experience
will deter offenders from committing future crimes on release
1. chronic
offenders
B. General
Deterrence: threat of prison will deter others from becoming criminals
1. severity
and certainty (Gibbs, 1968)
2. severity
versus certainty
3. certainty
>> severity (Tittle)
4. overload
effect
VII. Problems with deterrence
doctrine
A. Assumes high apprehension
B. Assumes public knowledge
C. Assumes rationality
Or