Deterrence And Rational Choice : The Criminal Justice System And Crime Prevention

375) and by using this hedonistic calculus people will refrain from committing crimes. This concept focuses on the punishment fitting the criminal and on preventing future crimes from occurring. The three most important factors in effectively deterring a criminal from further crimes are the severity of the punishment, the certainty of the punishment, and the swiftness of the punishment. If criminal doesn’t believe he will be punished or he feels the punishment is minor in comparison to the crime or if the punishment is not swift enough, then he/she will not be deterred from committing crimes. Studies on the effectiveness of deterrence have shown to be inconclusive. The deficient areas of deterrence are crimes committed in the heat of passions, crimes committed under the influence of drugs or alcohol, and the massive backlog of cases in the nation’s courts (Neubauer & Fradella, 2008).

This idea of a rational calculation of the advantages and disadvantages of crime runs parallel with the Rational Choice Theory offered to us by

The offender must have some type of punishment for the action he or she chose. Deterrence is a type of sentencing that prevent future actions of crimes. There is a general deterrence and specific deterrence. Specific deterrence is punishment that prevents the criminal to commit additional crimes by enforcing fear. "Back in the day", depending on the crime, the criminals would get parts of their body removed. For example, rapist were castrated. General deterrence is when examples are shown to prevent someone, that is contemplating on committing crimes, to change their minds. Sometime's when a person is put in jail it does not change their criminal minds.

The idea of capital punishment deterring crime is difficult to determine; some could rationalize that the death penalty should in theory stop potential murders from committing crimes. However, this rationalization has never been concretely proven. The research into capital punishment’s effect on deterrence is immense; however, the majority of research on this issue has differential findings. Although some research suggests conclusively that capital punishment deters crime, others found that it fails to do this. Understanding deterrence, the death penalty, and the results of

Deterrence and Rational Choice Theory and the three strikes laws are seen by some researcher as the way to maintain control, deter crime and deliver harsh punishment for repeat offenders by subjecting them to the three strikes law. They believe that if the punishment is harsh that offenders will be deterred to commit crime. We will take a look at these theories, and see if they are really the answer to our crime problems in the USA. It will also allow us to ask the question which is: can theories work better individually or should we incorporate them to make a better policy? And if we do incorporate them will in a policy, will they reduce crime, deter criminal from committing future crimes, and help to reduce future criminal acts? Lastly, can we implement general strain theory to into the policy so that we can try to figure out what is wrong, along with reevaluating the three strike law and see if the mandatory sentencing is working or is part of the problem?

Deterrence is founded on the assumption that people make rational choices about rather or not they wish to engage in criminal behavior. Thus, it is believed that one would weigh the gain they expect to achieve from a particular crime, to the expected cost of punishment. Punishment encompasses the likelihood of being caught and punished as well as the expected severity of the punishment. Therefore, in order to effectively deter, planner and criminal justice professionals must look into three factors: the severity of the punishment, the certainty of punishment, and the celerity with which the punishment is imposed. However, the severity of the punishment must be proportional to the benefit the criminal expects to realize from the

The concepts of the rational choice theory. Within the rational choice theory you have subcategories. General deterrence, specific deterrence, and Incapacitation. General deterrence is the idea that crime can be controlled by increasing the real or perceived threat of punishment. According to the general deterrence theory not only is the likely hood of punishment a deterrent but also the sentence will be harsh. This should in theory lessen criminal activity. So basically the certainty of punishment combined with the swiftness and severity of punishment will be the contributing factors of reducing crime rates.

The Deterrence theory is a key element in the Criminal Justice System. It’s principles about justice appeal to us because it adapts to our ideas of what we identify as fairness. Punish the sinful and the ones who break the law, swiftly, to the extent that pain will dissuade them from committing a crime ever again. Its sole purpose, to instill fear. Fear of breaking the law because of its punishments. We not only use this theory to punish criminals, but it is a basis in which we raise our kids and pets on, that breaking the rules can lead to consequences. The deterrence theory says that people obey the law because they are scared of getting caught and being punished. It is said that people do not commit crimes because they are afraid of getting caught, instead they are being motivated by some other deep need. In my paper, I will address the two theorists who re-conceptualized the deterrence theory, the principles and two types of deterrence as well as give short insight into my own opinions on the deterrence theory.

Deterrence theory of crime is a method in which punishment is used to dissuade people from committing crimes. There are two types of deterrence: general and specific. General deterrence is punishment to an individual to stop the society as a whole from committing crimes. In other word, it is using the punishment as an example to “scare” society from precipitating in criminal acts. Under general deterrence, publicity is a major part of deterrence. Crime and their punishments being showing in the media or being told person to person can be used to deter crime. Specific deterrence is punishment to the individual to stop that individual from committing other crimes in the future. This type of deterrence is used to teach the individual a

Akers, R. L. (1990). Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken. The Journal Of Criminal Law And Criminology (1973-), (3), 653. doi:10.2307/1143850

Rational Choice Theory explains that Crime is a conscious decision committed when the benefits of a crime outweigh the costs. This theory can go either way, because it stating that people can either makes the right decision or the wrong decision on their own and it is up to the individual to determine the negative and positive outcome of their choices. Lifestyle Theory explains Criminal behavior is one part of an anti-social lifestyle. If a person is anti-social they can either grow up two ways quiet and distant or reckless with no sense of direction.

In addition it is usually the fear of being caught that is more of a deterrent and that while crime detection rates are low, the threat of an unpleasant penalty, if caught, seems to be remote. The value of general deterrence is even more doubtful as potential offenders are rarely deterred by severe penalties passed on others. The main aim of rehabilitation is to reform the offender and rehabilitate him into society. It is a forward-looking aim, with the hopes that the offender’s behaviour will be altered by the penalty imposed, so that he or she will not re-offend in the future (it aims to reduce crime this way)

Deterrence theory really catches my attention because if we can drastically decrease crime by deterring people from committing crimes in the first place we could increase public safety and alleviate every part of the criminal justice system. The theory that could curb crime the most seems to be the one most difficult to empirically prove. It lies in the fact that the deterrence theory has so many assumptions (offenders premeditate their crime, would-be offenders know their risks, there must be certainty and severity attached to crimes) and lack of education by the general public. For it to work the general public must be knowledgeable on the full consequences of committing crimes and not just the chance of “going to jail.”Going to jail is unclear

"Rational choice" theory, which is a result from the expected utility model in economics has become a major subject topic in criminology, sociology, political science, and law. Akers (1990), writes that rational choice has become part of modern criminology and has proved to be very valuable. Rational choice encourages realistic work with decision making for certain crimes and criminal activities. Akers (1990) article provides no new ideas towards the rational choice studies. Most of the writings demonstrate how to assess different criminal behaviors and the justice system.

Rational choice theory addresses, criminal behavior in various ways. In addition, this theory also falls short in many places. I have decided to work on the rational theory because it is a common theory that I see on a day to day base. I feel that anyone who breaks the law should be held responsible and not be rewarded with such a low punishment. If our criminal justice system enforces stricter punishments than those who are