Theories and Causes of Crime - Research Paper Example

Theories on Crime The Classical School theories on crime were developed in the 1700’s through the work of Italian philosopher Cesar Beccaria and English philosopher Jeremy Bentham as social changes were taking place due to changes in the socio-economic structure of society. The philosophical foundation of reason as an approach to the nature of society allowed for changes in the way in which law would then be developed. As crime and punishment are considered, the costs and benefits to committing the crime are the way in which society controls the behavior of its citizens. When the punishment is too high in comparison to the potential benefit to justify the risk, crime is deterred. As the concept of crime and consequential punishment is considered, today’s society has established a system that is based on classical theories, but is failing because of the rise of popular culture that romanticizes the concept of prison. As capitalism emerged as the growing economic trend, individualism and a strong middle class were changing the way in which the culture was designing the new world. Capitalism grew as trade began to become the prime means of economic survival in Europe and from the emergence of the middle class came the Age of Enlightenment. During the Age of Enlightenment, philosophies that were based on reason rather than mysticism began to erupt throughout the European continent. In the process of Client Last Name 2 developing these concepts, the individual became the central focus and theories on personal freedoms, self-governance, and natural laws and rights began to take the place of the aristocracy and monarchy. According to Hunter and Dantzker, Beccaria indicated that “a human being was generally a rational being who sought pleasure and tried desperately to avoid pain” (28). This dichotomy of motivation is tempered by the application of free will that allows for individual choice to rule behavior. As this individualism began to grow as a way of thinking about existence, the inequity of crime and punishment began to affect how Beccaria would write about the application of law. He saw that the law was unevenly created to favor the world of the nobles. Extreme punishments such as torture, branding, banishment and mutilation inspired the way in which he would write about the law (Hunter and Dantzker 28). Beccaria developed the first “criminological approach to criminal behavior” (28). He developed the concept that there are three basic types of crime: treason, violence and property damage, and crimes that run against societal order. He argued that punishment should be appropriate to the crime that is committed. As well, justice should be equitably handed down to offenders. His philosophy also promoted peer determined guilt or innocence. Lastly, the distinction that he made for the purpose of punishment within his philosophy was to suggest that it should be done as a deterrent for crime, rather than as an act of retribution. Jeremy Bentham promoted the concept of Utilitarianism. According to Hunter and Dantzker, Utilitarianism is “the social ideology that in their laws and actions g Client Last Name 3 governing bodies should seek to achieve the most utility or good for the greatest number of people”(28). Bentham also believed in the idea that people will seek out pleasure and will avoid finding pain. With this in mind, the concept of deterring crime is the most important purpose of punishment. As the proposition to commit a crime is considered, punishment is intended to have a cost that makes the potential benefit not worth the risk of committing the crime. Today’s crime labors under the problem of the punishment not having the effect of realism to the average offender, so therefore does not adequately deter behavior. Unfortunately, this does not suggest that more harsh punishment would be effective. It is not the harshness of the punishment that is the problem, it is the romanticism that has developed around punishment that suggests that it with either not happen, or that if it happens there is a poeticism to the experience. This is in evidence in the socially developed movement of the gang cultures. Gang culture has an intrinsic connection to prison culture as most of gang culture is developed around a community of offenders that have the goal of mutual benefit. Older members have influence over younger members, even creating an extension of prison language within the gang. According to Hazlehurst, “The rituals and structures of prison gangs seemed to have filtered down to the street level and are particularly apparent in language, as well as in their signs and symbols” (340). As the street culture has infiltrated the suburbs, one has only to jump on the nearest Myspace page to see fourteen year old Caucasian girls calling themselves ’gangstas’ and pulling knit caps down over their foreheads and crossing their arms in Client Last Name 4 media driven images of gang behaviors. Adopting behavior that is deemed ’cool’ from the movies has been happening since the time of James Dean when his image in Rebel Without a Cause started a fashion statement that was then marketed in order to sell the counterculture attitude (Springer 29). The “movie gang fetishism”(George 125) has created a popular culture of ’wannabes’ who will sometimes cross the line into actual criminal behavior. Most crime, however, is committed when the perceived benefit outweighs the potential risk. Deterrent is important in order to lessen crime. The consequences of punishment are not only concerned with the prison sentence, but with the stigma of having been to prison, the effect on relationships, and losses in educational and employment opportunities. Programs such as Scared Straight, which was began in the 1970’s by a group of prisoners serving life sentences, give juveniles a first hand experience in what life is actually life in prison (Bridges, Weis, and Crutchfield 467). This personalized deterrence creates the reality that Classical theory hopes to achieve. It attempts to show members of a society that it is of more advantage to follow the rules than it is to go against the needs of society. Unfortunately, crime will increase when the possibility of a successful commission of a crime becomes available. Unfortunately, no amount of deterrent will counterbalance an opportunity that appears to have ease of access and a lowered risk of being caught. In this case, the benefit will outweigh the risk and a crime is more likely to occur. According to the routine activities theory, when an opportunity opens to a the commission of a crime, three aspects of the crime will have occurred. When a motivated Client Last Name 5 offender finds an unguarded opportunity with that provides a suitable target for victimization, the odds of a crime occurring increase. According to Miethe et al, if one of these aspects of the opportunity is not present, a motivated offender, a suitable target, and an unguarded opportunity, then the likelihood of the crime being committed decreases. With adequate police presence within a community, potential victims being vigilant about avoiding vulnerable circumstances, and diminishing the motivational factors that create an offender, a crime is not likely to be committed. The unfortunate circumstances of a poor economy is that the motivation of potential criminals increases as the pressure of economic desperation increases. Becker’s Rationale Choice Model suggests that a cost benefit analysis takes place when an offender considers the potential to proceed with a crime. When viewed from a purely economic point of view, the offender will weigh the costs of the act, such as fines and imprisonment, against the potential gain. Becker suggests that the potential for a crime is as likely as the potential for another act, that participation in acts that are either legal or illegal are weighed through equal analysis (180). However, Mehlkop and Graeff believe that Becker’s model is too narrow as it does not account for the human elements of morals and values. Sociological incentives must also be considered by the offender as the costs and benefits are measured, leaving Becker’s model to simplistic. When discussing the routine activities theory, it is important to take into consideration the Positivist school of thought, combined with the philosophies of the Enlightenment that suggest that the concept of free will is a defining factor in individualism. The Positivist theory was proposed by French sociologist Auguste Client Last Name 6 Comte in which biological and psychological causes should be used to determine appropriate punishment based on the causes for the deviant behavior of the offender (Hagen 118). While the Positivist theory suggests that the punishment should be tailored to the offender, this also suggests that the choice to commit a crime will depend on more than just the availability of an appropriate opportunity. If one is motivated by circumstances to commit a crime, this does not mean that one will commit a crime just because an appropriate target and opportunity has presented itself. Free will has the power to allow the potential offender to walk away. One of the causes of criminal behavior can be found in the division of equity between the classes. An historical example of the advancement of criminal behavior that resulted in social and political change can be seen in the French Revolution. The economic lack of appropriate food, goods, and services, amongst other instigations, led the people to riot and revolt, breaking laws, but eventually bringing down the monarchy (Rude 4). However, within a nation that is still intact, the socio-economic status of an individual has an effect on how justice is served. Unfortunately, even in a society that seeks equality in the way in which every man is accorded rights, variables that are affected by financial considerations create inequity. According to Lanier and Henry, conflict, radical and critical theory “was building on the early Marxist ideas . . . that it was not just the agents of government that caused additional unnecessary crime, but that the whole capitalist system was criminogenic for valuing competition over cooperation and polarizing the rich and the poor”(12). When the concept of getting ahead becomes more important than the cooperation of a society to Client Last Name 7 promote social harmony, then criminal behavior has the potential to occur as a result. Competition has the side effect of creating an adversarial atmosphere. When winning and succeeding become the driving force behind action, legality become less significant as a motivational deterrent to an action if it serves the needs of the competition. However, in Marxist theory, a society is based on mutual goals and cooperative efforts. Class systems are eradicated and equality is created through a suppression of drive. Unfortunately, in practice, Marxist theory has not succeeded in creating equal social orders. The social-psychological theory of Labeling suggests that in trying to control certain behavior, the state ends up promoting more criminal behavior (Lanier and Henry 12). An example of this would be the statistical incarceration of marijuana use. In the United States in 829,600 offenders were arrested in association with marijuana. Heroin and cocaine use combined only resulted in 582, 100 arrests (U. S. Department of Justice). While the use of marijuana is a regrettable choice, the results of arrest can lead directly to other crimes through exposure to the system. As well, if prison is a result of the arrest, this will further induce criminal behavior after release because of associations that might not otherwise have been made. Despite the Classical theory that has been the basis of the justice system, equality in sentencing has not been achieved in the United States. Unfortunately, race has had an impact on sentencing habits. According to Lippman, “defendants charged with killing Caucasian victims were four times as likely to receive the death penalty as defendants charged with killing African Americans and that African American defendants were one and one-tenth times as likely to receive the death sentence as other defendants”(79). Client Last Name 8 Another example of this inequity is the differences in sentencing and criminal definitions of crack cocaine and powder cocaine. Crack cocaine, more often associated with African American users will trigger a 5 year minimum sentence for possession of only 5 grams. Ninety percent of all offenders sentenced for crack cocaine possession are African American. However, it requires 100 grams of powder cocaine to trigger the same minimum mandatory sentence which is more traditionally a drug of choice for Caucasians (Spohn 243). The inequality of the classes and the uneven handling of defendants when race is a factor has caused an environment where trust has been broken between the classes and the races. When the trust is broken, the social contract between the society and the individual that dictates behavior has less impact on the decisions that a member of the society might make. The elite will believe themselves above the law and therefore disregard it as deemed necessary. The lower classes will disregard the law as need and desperation drive down the moral deterrents that might prevent a potential offender from acting. As well, it is difficult to adhere to the rules of a society that does not fully recognize the equality of a group within that society. The group becomes a counterculture that will act in the best interests of the group, regardless of the overall needs of the society. An example of this would be urban street gangs that create their own societies with their own rules that operate outside of the law. The death penalty has the strongest possibility of deterring criminal behavior available to the United States judicial system. While the criteria varies some from state to state, and while not all states recognize it as a viable form of punishment, the death Client Last Name 9 penalty acts as a source of determent for criminal behavior of the most violent and socially repugnant levels. This deterrent has a strict association with classical theory as the pain that is caused in death has more of a cost than the satisfaction that could be derived from the crime. There is strong deterrence in many of the ways that smaller offenses are handled within a community. The inconvenience of being pulled over and having to deal with a ticket will encourage a driver to obey the traffic laws. As well, high fines and inconvenient court appearances will further encourage drivers to follow lawful conduct. Driving while intoxicated will cost far more than most people are willing to risk. Previous to 1980, the laws of most states did very little to deter drinkers from getting behind the wheel of a car. After Cindy Lightner’s daughter was killed by a drunk driver who had been to court 5 times previous to this incident. The last time had been just two days before he killed her daughter and for the offense of causing her death he only received two years in prison. She formed MADD (Mother’s Against Drunk Driving) which organized and lobbied legislators to increase penalties until the severity of a drunk driving conviction now outweighs the risk for most people (Blocker, Fahey and Tyrell 424). The Classical approach to crime control and police practices requires a structured administration and a chain of command that holds each member of the department accountable for their actions. This structure creates a possible control over abuse of power and corruption. The way in which the administration develops control over a department sets the tone for the way in which patrols will be accomplished within the Client Last Name 10 community. In creating a militaristic style of structure, the department creates a sense of control within the community that can help to deter crime through supportive, but an intimidating presence. When administered properly, offenders will fear being caught by a vigilance of patrol from officers. An alternative to the classical approach is the human relations approach that focuses on motivation, team building, and group dynamics. In creating a more humanistic approach to the development of a police department it is hoped that the members of the department will be more motivated to perform (Greene 2006). In discussing criminal behavior, it might be helpful to look at Maslow’s Hierarchy of Need. According to the psychologist, needs must be met based on a pyramid of basic needs which begins with physiological needs such as food and water. The next level is concerned with safety, followed by love and affection. The top two needs are based on self-esteem and the need for self-actualization (Milliken 63). When basic survival needs and safety are threatened, the social contract with a society will have less significance and survival will dictate the actions of a person. This has been seen in the breakdown of societies and can be shown through the evidence of the French Revolution. However, the risk of punishment must continue to outweigh the benefit of committing a crime in order to successfully deter crime. As long as the pleasure of freedom overshadows the pain of incarceration, crime will be held to a minimum. However, with the popularization of criminal behaviors and counterculture attitudes, coupled with the inequity that is still experienced in social and racial groups, crime will have a place in society and punishment will have to be given. Client Last Name 11 Works Cited Becker, G. S. “Crime and punishment; An economic approach.“ The University of Chicago Press 76.2(Mar. - Apr., 1968): 169-217. Blocker, Jack S., David M. Fahey, and Ian R. Tyrrell. Alcohol and Temperance in Modern History: An International Encyclopedia. Santa Barbara, Calif: ABC- CLIO, 2003. Bridges, George S., Joseph G. Weis, and Robert D. Crutchfield. Criminal Justice: Readings. Crime and society, v. 3. Thousands Oaks, Calif: Pine Forge Press, 1996. George, Nelson. Buppies, B-Boys, Baps & Bohos: Notes on Post-Soul Black Culture. [Cambridge, MA]: Da Capo Press, 2001. Greene, J. R. The Encyclopedia of Police Science. New York: Taylor and Francis, 2006. Hagan, Frank E. Introduction to Criminology: Theories, Methods, and Criminal Behavior. Thousand Oaks, Calif: Sage Publications, 2008. Hazlehurst, Kayleen M., and Cameron Hazlehurst. Gangs and Youth Subcultures: International Explorations. New Brunswick, NJ: Transaction Publishers, 1998. Hunter, Ronald D., and Mark L. Dantzker. Crime and Criminality: Causes and Consequences. Monsey, New York: Criminal Justice Press, 2005. Lanier, Mark, and Stuart Henry. Essential Criminology. Boulder, Colo: Westview Press, 2004. Client Last Name 12 Lippman, Matthew Ross. Contemporary Criminal Law: Concepts, Cases, and Controversies. Thousand Oaks, Calif: Sage Publications, 2007. Mehlkop, G. & Graeff, P. “How to model a rational choice theory of criminal action? Subjective expected utilities, norms, and interactions”. (2007) Dresden University of Technology. (2 May 2009) Miethe, Terance D., Wendy C. Regoeczi, and Kriss A. Drass. Rethinking Homicide: Exploring the Structure and Process Underlying Deadly Situations. Cambridge: Cambridge University Press, 2004. Milliken, Mary Elizabeth. Understanding Human Behavior: A Guide for Health Care Providers. Albany: Delmar, 1998. Paulos Gregorios. A Light Too Bright: The Enlightenment Today : an Assessment of the Values of the European Enlightenment and a Search for New Foundations. SUNY series in religious studies. Albany: State University of New York Press, 1992. Rudé, George F. E. The French Revolution. New York: Grove Weidenfeld, 1991. Spohn, Cassia. How Do Judges Decide?: The Search for Fairness and Justice in Punishment. Los Angeles: SAGE, 2009. Springer, Claudia. James Dean Transfigured: The Many Faces of Rebel Iconography. Austin: University of Texas Press, 2007. U.S Department of Justice - Office of Justice Programs. Number of Arrests by Drug Type 1982-2006. 14 August 2008. 25 April 2009 Read More