The Effects Of Legal Punishment On Society

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).

Rational choice theory is predicated on the idea that crime is a matter of choice in which a potential criminal weighs the cost of committing an act against the potential benefits that might be gained (Siegel, 2011, p. 84). James Q. Wilson expands on this decision in his book Thinking About Crime, stating that “people who are likely to commit crime are unafraid of breaking the law

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 rational choice theory gives insight in to why otherwise law abiding citizens would commit crime. Most burglars do not burglarize because they want something specific from the victim's property nor are they saving the cash proceeds for a long-term goal. They burglarize because they need the money right now to pay off bills, buy food and clothes for their family or to purchase alcohol and illegal drugs. Most burglars would turn to making an honest living, but, even that does not meet their immediate desires for cash. Nor would the earned wages support their lifestyles. (Wright & Decker, 1994).

This paper summarizes four theories of criminology. Rational choice theory states that criminals act based on a thought process that weighs the pros and cons of criminality. Criminologists who believe in this theory feel that most criminals are people capable of having rational thoughts before committing a crime. Trait theory is the view of criminology that suggests criminality is a product of abnormal biological or psychological traits. Criminologists who believe in this theory feel that criminals choose to commit crime because of a brain anomaly or chemical imbalance. Social structure theory is “a view that disadvantaged economic class position is a primary cause of crime” (Seigel 139). Those who follow this theory often believe social forces can have a great effect on whether or not a person commits a crime. An example would be those who are poor are more being more prone to commit crime. Social process theory is a view that criminality depends on how a person interacts with different organizations and institutions and processes in society. For example, a family would be considered

Rational choice theory is a criminology theory designed by Derek Cornish and Ronald Clark which states that before people commit a crime they think about what they are going to do (Snook, Dhami, & Kavanagh, 2011). They consider the pros and cons before performing the criminal action. The entire premise of the rational choice theory is that each individual, regardless of whether rich, poor, educated, or uneducated, all utilize rationality when making the decision to commit a crime (Taylor, 2013). The rational choice theory postulates that when a person weighs the costs and benefits of a crime, that person decides whether or not the benefits are worth the risk. It is about maximizing his or her own self-interest (Jacques & Wright, 2010). The

It is unfortunate that crime exists in our daily lives. There really is no way to stopping crime completely, no matter how many laws or punishment are present, people will continue to keep breaking rules. There are many theories of why that may be the case, for example, Caesar Lombroso and his “atavistic” theory with the Positivist School theory and how people were “born criminals”, or the Rational Choice Theory, devised by Cornish and Clarke, described that people could think rationally and how people will naturally avoid pain and seek pleasure referred to as “hedonism” (Cartwright, 2017, lecture 4). Since it is apparent that crime will continue to exist, it is not only important to understand the study of crime and the feedbacks to it,

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.

Throughout time, the use of punishment has changed drastically. Not only has the actual infliction of punishment changed, the reasoning behind this punishment has also changed. There have been numerous scholars, educators, and researchers that have presented various theories on the reasoning behind societal punishment. Some of these theories are closely similar, however some are drastically different. It is important to note that these theorists have broad perceptions that can be rooted back to specific time periods throughout history. Societal punishment is defined as, “punishment being a complex social institution, shaped by the ensemble of social and historical forces and having a range of effects that reach well beyond the population of offenders” (Garland, 1991).

The Classical School of Criminology was developed by two utilitarian philosophers, Cesare Beccaria and Jeremy Bentham during the early 17th century. The Classical School of Criminology is an important theory in the framework of criminal behavior, with principle themes that include: criminal acts are of individuals free will and rational deliberation, calculating, and hedonistic beings. Criminals make a rational choice and choose criminal acts due to maximizing pleasure and minimizing pain. As well as minimizing crime, the would be offender must be convinced that the likely punishment for the crime would be swift, certain and proportionately (Paternoster & Bachman, 2001, p. 11).

Rational choice theory, also known simply as choice theory, is the assessment of a potential offender to commit a crime. Choice theory is the belief that committing a crime is a rational decision, based on cost benefit analysis. The would-be offender will weigh the costs of committing a particular crime: fines, jail time, and imprisonment versus the benefits: money, status, heightened adrenaline. Depending on which factors out-weigh the other, a criminal will decide to commit or forgo committing a crime. This decision making process makes committing a crime a rational choice. This theory can be used to explain why an offender will decide to commit burglary, robbery, aggravated assault, or murder.

People chose all behavior and including all criminal behavior. Which in this case the choices that criminals make brings them pleasure and adrenaline. Criminal choices can be controlled by fear of punishment, but not all the time. The crime will be limited when the benefits are reduced and the costs increase. Rational choice theory is a perspective that holds criminality in the result of conscious choice. Not to mention, that it is predicted that individuals choose to commit crime when the benefits outweigh the costs of disobeying the law. In the rational choice theory, individuals are seen as motivated offenders by their needs, wants and goals that express their preferences. This theory has been applied to a wide of range in crime, such as robbery, drug use, vandalism, and white collar crime. Furthermore, rational choice theory had a revival in sociology in the early 1960s, under the heading of exchange theory, and by the end of the decade was having a renewed influence in criminology, first as control theory and later as routine activities theory.

Figuring out why people commit crimes is one of the central concerns of criminology. Do most criminals act rationally after weighing the costs of crime? Is society ever to blame for an individual to commit a crime? Do mental diseases or even genetics factor into whether a person will live a life of crime. Over the years, many people have developed theories to try to answer these questions. In fact, the number of theories of why people commit crimes sometimes seems to equal the number of criminologists. I explore these questions and much more in the paper that follow.