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reders to a legal theory that hold the following to be moreally irrefutable: some rules and principles derive from more than the experiences of mena and women, but rather nature itself creates them and humankind discovers them.
law derived out of the political process
mythical state of afiars wherein each person agrees to a pact, the basic stipulation of which is that all men are created equal.
- Beccaria & Bentham
- free will--every person has ability to choose right from wrong
- humans tend toward hedonism
Beccaria's classical theory / 3 elements / punishment
refers to the probability that offending persons will receive a sanction for their deed
pain of any sanction must outweigh the pleasure received from engaging in illegal act
refers to the elapsed time between the act and the sanction
- maintains classical theory's emphasis on free will
- allows for mitigating or aggrevating circumstances
perceptual deterrence hypothesis
individual measures cost/benefit of behavior
refelct the idea that persons watching, hearing about, or otherwise becoming aware of a sanctioning process will view the outcomes as too costly and not engage in the punished conduct.
specific (or individal) deterrence
persons who have been caught, convicted, and punished.
once individuals come to see the error of their ways or the potential losses they face, the will refrain from all crime.
- offenders may refrain from an act that previously landed them in trouble or that threatens trouble
- modify criminal behvior but not abandon it
- and idea from economics
- has implications for how deterrence operates
deterrence research questions
- 1. is it a theory or a hypothesis?
- 2. whether theory or hypothesis, can deterrence stand on its own, or must it be tied to other theories?
- 3. is the theory's conceptual base too narrow?
- 4. does deterrence work to control only minor forms of conduct but not crimes that are more serious?
capital punishment increases stranger homocides
- punishments for certain crimes (usually violence and drugs)
- convicted offenders may not be placedon probation and must serve a specific sentence prior to release on parole, if parole is an option.
neuve classical school
- two primary forms:
- rational choice theory
- routine activities theory
occurs when individuals asses their own skills and needs in light of a specific crime's characteristics
a multistage evaluation process that ends with the decision to get involved in crime
- based on information obtained about a criminal act
- before commission but after involvment
fig 2.2 rational choice theory
predatory crime depends on...
- 1. motivated offender
- 2. sutable target
- 3. lack of capable guardian
violent crimes against persons and crimes of theft in which the victim is present
someone who feels the need for cash, itmes with immediate liquidity, or other items of calue such as clothing or cars
well-heeled pedestrian in the wrong part of town, a car on interstate, or house with valuable goods
no homeowner present, no police, or lone traveler
4 dimensions of target suitability
- 1. exposure
- 2. guardianship
- 3. attractiveness
- 4. proximity
visibility and physical accessiblity of the target
the ability and presence of persons or objects to prevent crime from occurring
material or symbolic value of persons/property
the physical distance btwn potenial targets and populations of potenial offenders
figure 2.3 routine activies theory
places where lots of crime happen
hot spot patrols
police target hot spots through special patrolling
diffusion of crime-control benegits hypothesis
increasing enforcement in one area will drive down the crime rates of nearby areas as well
spatial displacement hypothesis
suggests that hot spot practices may reduce one area's crime rates, but only because the criminals move to nearby areas where crime control is less aggressive.
table 2.1 deterrence theories of crime