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Criminological Theory: A Brief
Introduction
Fourth Edition
Chapter 2
Classical and
Neoclassical Criminology
Copyright © 2015, 2011, 2008 Pearson Education, Inc. All
Rights Reserved
Copyright © 2015, 2011, 2008 Pearson Education, Inc. All
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The Classical School
• Classical Theory is one of the oldest explanations of
crime
• Derived from the ideas and writing of early Greek
philosophy
• Formally originated in the 18th century
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Rights Reserved
Classical Theory of Criminology
• Began in 1764 with ‘Of Crime and Punishments’ by
Cesare Beccaria
• This book drew from the concepts of the enlightenment
movement in Europe
• Theory focused on social harm prevention as opposed to
moral retribution of law
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Rights Reserved
Deterrence
• Beccaria looked at deterrence as the central purpose of
criminal justice
• The prevalence of crime in society was thought to reflect
irrational and ineffective law
• Legal reform implementing a more fair and rational justice
system, which would deter people from crime, was
thought to be the answer to the crime problem
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Rights Reserved
Fundamental Assumptions
• Beccaria’s perspective is rooted in several fundamental
assumptions
1. People are generally good but need negative
motivation
2. Behavior is calculated
3. Crime control is an attainable goal
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Rights Reserved
Bentham
• Another well known figure in the development of the
classical perspective
• Developed the principle of utility based on the
assumption that people pursue pleasure and avoid pain
• Individuals calculate pleasure or pain according to
intensity, duration, certainty and extent
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Classical Criminology Assumptions
• Several assumptions underlie classical criminology
1. People have free will
2. People exhibit hedonism
3. People have rationality
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Rights Reserved
Deterrence Theory
• Martinson (1974) questioned the viability of positivist
explanations of criminality
• He also suggested that the idea behind deterrence
should be reconsidered
• This questioning included a postmodern rejection of
causal determinism
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Rights Reserved
How Deterrence Works
• To understand deterrence one must accept basic
classical ideas about human nature
• Much of the problem with crime is that it “feels good”
• Crime must be controlled by negative means
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Rights Reserved
Deterrence Effectiveness (1 of 2)
• Beccaria argues that the effectiveness of deterrence will
depend on three characteristics related to punishment
administration
1. Certainty
2. Celerity (speed of punishment)
3. Severity (painfulness of outcome)
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Rights Reserved
Deterrence Effectiveness (2 of 2)
• Of the three characteristics, maximizing swiftness and
certainness is more important for deterrence than
severity
• If severity is disproportionate, irrationality brutality may
occur and the effect on crime will be counterproductive
Copyright © 2015, 2011, 2008 Pearson Education, Inc. All
Rights Reserved
Relativity
• A less extreme problem with severity has to do with
relativity
• Deterrence functions through criminal law, which makes
assumptions about which crimes are to be punished
more severely
• Sentencing is based on severity and not on
characteristics of the crime
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Rights Reserved
Limitations of Deterrence (1 of 2)
• Cost-benefit conceptualization of deterrence theory is
known as the economic model or objective deterrence
• Cost/benefit calculations are based on a number of
factors
• At times some offenders do not engage in rational
decision making
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Rights Reserved
Limitations of Deterrence (2 of 2)
• Deterrence theory assumptions are often faulty in
practice
• The diverse stratified and pluralistic nature of our society
make deterrence less than straightforward
• Different socioeconomic groups might opt out of different
crimes due to cost/benefits
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Rights Reserved
Variability of Severity
• Variability of true severity has an intangible element
• EG: Approval of peer groups and concepts such as direct
and indirect punishments affect deterrence
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Rights Reserved
Boundedness of Decision Making (1 of 2)
• Scholars recrafted deterrence to include the role of
variability and perception in individual decision making
• This is known as bounded choice/perceptual deterrence
theory
• Decisions to engage in criminal behavior are influenced
by an individual’s perception of punishment
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Rights Reserved
Boundedness of Decision Making (2 of 2)
• Deterrence occurs when perceptions of likely punishment
cause would be offenders to refrain from committing
criminal acts (despite motivation and willingness)
• Modern analysis of deterrence has divided deterrence
into two specific types (specific and general)
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Rights Reserved
Specific Deterrence
• Offender is inhibited from repeating criminal behavior by
unpleasant experiences
• Involves the direct experience of punishment
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General Deterrence
• Punishing other offenders has an effect on would be
offenders
• Involves the indirect or vicarious experience of
punishment through seeing others receive unpleasant
outcomes for their actions
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Rights Reserved
Research on Deterrence Theories
• As a theory, the validity of deterrence as a scientific
explanation depends on the ability to conduct empirical
research and testing hypotheses
• Research to study deterrence is typically very diffi cult to
accomplish
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Rights Reserved
Difficulties (1 of 2)
• Part of the difficulty with deterrence theory is determining
fully measurable concepts and fully specified/testable
hypotheses
• Fundamental difficulty is that deterrence is not
observable, it can only be inferred from observable
events
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Rights Reserved
Difficulties (2 of 2)
• As deterrence cannot be “seen” the majority of research
has been conducted on the failures of deterrence
• Observing people committing crime is a failure of
deterrence
• We do not really observe people not committing crime
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Rights Reserved
Methods to Determine Validity of
Deterrence Theory
1. Anecdotal Studies
2. Crime Rate Analysis
3. Natural/Field Experiments
4. Self-Report Surveys
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Rights Reserved
Appeal of Deterrence (1 of 2)
• Overall, the appeal of the theory is not entirely based on
scientific progress
• Theory is more ideological than utilitarian
• Agrees with the values we hold about human nature, law
and morality
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Rights Reserved
Appeal of Deterrence (2 of 2)
• Classical theory works, “well enough,” re: empirical
research and policy evaluations
• Does not work better than most positivist theoretical
competitors
• The variability of criminal punishments will always limit
this theory
Copyright © 2015, 2011, 2008 Pearson Education, Inc. All
Rights Reserved
Copyright
You will select a historical or current international security
treaty to describe and analyze the effectiveness and sufficiency
of the treaty as it relates to homeland security and international
security cooperation. The final project will be an 8-10 page
paper using the format specified in the Publication Manual of
the American Psychological Association (7th ed.) and covering
the following major topics:
Background of the treaty, including identification and analysis
of the forces and events that brought about the treaty
Describe and analyze the conditions and elements of the treaty
in relation to current U.S. national security policy
Describe and analyze the benefits and threats to U.S. national
security policy and the impact on our regional allies
Make recommendations if the U.S. should remain committed to
the treaty and consequences if U.S. withdraws
Developmental Criminology
• A theoretical model that attempts to link life
transitions and developmental processes with
patterns of offending behavior over time
• Notion is that involvement in crime closely
resembles a legitimate career with a beginning,
an ascension, a peak, a decline, and an exit
• Examines persistence and desistance of criminal
behavior (why do people keep committing crime
and why do people stop?)
• Described as “dynamic” rather than static
• Interactive(?)
Example
• Terrie Moffitt’s Dual Pathway Developmental
Theory
• Demonstrates existence of adolescent limited
(AL) offenders and life-course persistent (LCP)
offenders
• Both have very different pathways in and out of
crime, start criminal careers at different ages,
both commit different types of crimes, and both
have very different psychological and family
profiles
Key findings from developmental study
of crime
• Most offenders will desist quickly
• Many will desist without any criminal justice system
involvement
• Some, a small percentage, will persist over a long
period of time (these are the career criminals, habitual
or chronic offenders)
– This small percentage (between 6-8%) is responsible for a
large percentage of crime committed over time (the 80/20
rule)
• Wolfgang study – found 6% of the cohort studied committed
more
than 50% of the crime over time
• Orange County, CA – found 8% of young offenders
responsible for
nearly 60% of crime totals over time
The 8% solution: Preventing serious,
repeat juvenile crime
• The Orange County, CA Probation Department’s
research staff tracked two groups of first-time
juvenile offenders for three years and found that
a small percentage (8%) of the juveniles were:
– Arrested repeatedly (a minimum of 4 times within a
3-year period) (These are PERSISTERS)
– Responsible for 55% of arrests
– Could be identified reliably at first contact with the
juvenile justice system
– What characteristics do you think these kids had
compared to the 92% that were DESISTERS?
8% solution
• These 8% enter system with complex set of problems or
RISK FACTORS which were identified as:
– Involvement in crime at an early age
– A multi-problem profile including:
• Significant family problems (abuse, neglect, criminal family
members,
lack of supervision and control)
• Problems at school
• Drug and alcohol abuse
• Behaviors such as gang involvement, running away and
stealing
– Many of these features make desistance more challenging
(web
of problems)
– Given these findings, if you were a judge . . .
– What would you do with the 92% that would desist quickly?
– What about the 8% to make desistance happen quickly?
8% Intervention Program
• Created the “8% Early Intervention Program” to serve first-
time
offenders who were no older than 15.5 and who exhibited at
least
three of the four risk factors in the multi-problem profile
• Goals included:
– Increase structure, supervision, and support for families
– Make kids accountable
– Make school more important
– Promote prosocial values, behaviors and relationships
– Develop new interventions in the community
– Bottom line: Identify the “persisters” and help them at an
early age
– Young Juvenile Offender project here in Virginia (Functional
Family
Therapy, intensive home-based therapy)
– Fast Track Project (page 328 of textbook)
How does desistance happen?
• Two theories of desistance
– Sommer
– Shover
• How do you think desistance happens?
Stages of desistance – Sommer
(gradual process)
• Stage 1 – Catalysts for change, making decision to
stop offending
– Socially disjunctive experiences - hitting rock bottom,
tiredness, illness, fear of death, aging, perception of
risk/certainty of punishment increases
– Delayed deterrence - increasing severity of
punishment with multiple charges (3 strikes);
increasing fear of punishment; harder to do time
– Assessment – reappraisal of life and goals, psychic
change, role of religion?
– Decision – Decision to quit and/or initial attempts at
desistance; usually a conscious decision to stop
Stages (continued)
• Stage 2 – Discontinuance
– Public announcement of decision to end criminal
participation, claim to a new
social identity (beginning of certification process)
• Stage 3 – Maintenance
– Ability to successfully renegotiate identity, support of
significant others,
integration into new social networks, ties to conventional roles,
stabilization of
new social identity
– THIS IS THE CRITICAL STAGE
– Likely to be episodic with occasional relapses interspersed
with longer periods
of good behavior
– Typically a slowing down process, deceleration (fewer
criminal events)
– Involves a successful certification process (pronouncement by
others that you
have moved from “offender” to “law-abiding citizen”
– If you were an offender going through this process, what
factors do you think
might help you be successful?
Factors that impact success at Stage 3
• Access to legitimate opportunities, employment opportunities
• Social support (family, friends, neighbors, programs like
OAR)
• Ability to be involved in legitimate activities
• Ability to shun criminal world (gangs) (Move away?)
• Formal treatment programs that provide ties to people (AA
and
sponsors; drug treatment courts)
• Success of certification process
– Appear in legitimate locations; importance of family;
“appearing”
normal (remove tattoos, piercings); having an address and
phone
number
• Reduce negative stigma of probation and parole supervision
(A
CORRECTIONAL PARADOX)
• Prison-based self-improvement programs
Shover’s Model of Exiting
• A five-pronged process rather than a three-point
stage
– Aging Process
– Orientational Change (new perspective of self,
growing awareness of time, changing aspirations and
goals, growing sense of tiredness)
– Interpersonal Change (ties to another person, ties to a
line of activity)
– Modified Calculus (risks now outweigh the reward –
rewards of crime now seen as minimal)
– Reduction in Criminal Behavior
Laub and Samson study “Shared
Beginnings and Divergent Lives”
• Main finding: Found support for Shover’s exiting process.
Three main determinants of a “knifing off” of criminal
activity included:
– Joining the military
– Getting married
– Finding legitimate employment
– Religion also played a role (although minor)
– Other findings:
• Did not observe a process but a quick change for some
• Desistance did not seem to depend on perceived risk of legal
punishment
• Conditions necessary for exiting life of crime are largely
outside the
correctional system’s control
• Argues that the CJS does little to make desistance happen –
may
actually make persistence in crime more likely – HOW?
• What policy implications does this approach have if we want
to make
desistance happen sooner rather than later?
1.
Drawing on the readings for this week, please write a 2–3-page
essay in response to the following:
Many criminologists accept the notion that there are identifiable
"causes of crime" YET our current criminal justice system is
largely based on the principles of the classical school, including
the notions of "free will" and "rational thought". In fact, we
justify our punishments on these very principles - for example,
we can mete out a sentence of 25 years for the commission of a
felony because the felon "made the choice" to commit the
crime. You've all heard the saying "if you do the crime, then
you need to do the time". If that felon committed the crime
because of a mental illness, drug abuse, or a history of abuse,
we have a harder time justifying the long sentence of 25 years.
So, my question to all of you is this: How can the current
criminal justice system be effective when it is based on faulty
assumptions about human behavior? For instance, if crime is
"caused" rather than being the product of free will, rational
thought, and logical choice, then how can our system be
effective in changing behavior? How do we overcome this
dilemma in order to make our system of criminal justice more
effective without compromising the impact of the threat of
punishment? Is rehabilitation or some other philosophical
orientation more effective in terms of guiding our response to
crime?
2.
Read the powerpoint and make sure you understand the concepts
behind "developmental criminology" . You should understand
terms like persistence (a continuance of criminal behavior
across a period of time), desistance (stopping of criminal
behavior), pathways to crime, and what factors make it more
likely to start and stop offending. This is a fascinating area of
research! Then, read "The 8% solution" and understand the
implications of its findings. Think of it this way - let's say you
have 100 first-time young offenders in front of you. The 8%
study found that we could reliably identify which 8 of those 100
would go on to commit more serious crime and end up in the
system as our habitual, serious offenders. What this means is
that 92 of those young people could be released into the
community with NO criminal justice intervention and more
likely than not, NEVER offend again. So, instead of putting
resources into all of the individuals that come into court for
sanctioning and services, the 8% solution would argue that we
should put resources into only the 8% that are the most likely to
offend. And let the other 92% go on with the business of their
lives, knowing they will likely not offend again, or if they do,
in a very non-serious way. Think about labeling theory which
argues that attaching a label of "criminal" to young people
actually makes them more likely to offend again and again. So
what is the solution?
write a brief 2-3 page essay addressing the following questions:
If you were a judge, what would you do with the 92% of young
people who are likely to desist quickly? What would you do
with the 8% who are likely to be persisters? And why?

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Criminological Theory A Brief IntroductionFourth Edition

  • 1. Criminological Theory: A Brief Introduction Fourth Edition Chapter 2 Classical and Neoclassical Criminology Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved The Classical School • Classical Theory is one of the oldest explanations of crime • Derived from the ideas and writing of early Greek philosophy • Formally originated in the 18th century Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved
  • 2. Classical Theory of Criminology • Began in 1764 with ‘Of Crime and Punishments’ by Cesare Beccaria • This book drew from the concepts of the enlightenment movement in Europe • Theory focused on social harm prevention as opposed to moral retribution of law Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Deterrence • Beccaria looked at deterrence as the central purpose of criminal justice • The prevalence of crime in society was thought to reflect irrational and ineffective law • Legal reform implementing a more fair and rational justice system, which would deter people from crime, was thought to be the answer to the crime problem Copyright © 2015, 2011, 2008 Pearson Education, Inc. Al l Rights Reserved Fundamental Assumptions • Beccaria’s perspective is rooted in several fundamental
  • 3. assumptions 1. People are generally good but need negative motivation 2. Behavior is calculated 3. Crime control is an attainable goal Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Bentham • Another well known figure in the development of the classical perspective • Developed the principle of utility based on the assumption that people pursue pleasure and avoid pain • Individuals calculate pleasure or pain according to intensity, duration, certainty and extent Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Classical Criminology Assumptions • Several assumptions underlie classical criminology 1. People have free will 2. People exhibit hedonism 3. People have rationality
  • 4. Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Deterrence Theory • Martinson (1974) questioned the viability of positivist explanations of criminality • He also suggested that the idea behind deterrence should be reconsidered • This questioning included a postmodern rejection of causal determinism Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved How Deterrence Works • To understand deterrence one must accept basic classical ideas about human nature • Much of the problem with crime is that it “feels good” • Crime must be controlled by negative means Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Deterrence Effectiveness (1 of 2)
  • 5. • Beccaria argues that the effectiveness of deterrence will depend on three characteristics related to punishment administration 1. Certainty 2. Celerity (speed of punishment) 3. Severity (painfulness of outcome) Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Deterrence Effectiveness (2 of 2) • Of the three characteristics, maximizing swiftness and certainness is more important for deterrence than severity • If severity is disproportionate, irrationality brutality may occur and the effect on crime will be counterproductive Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Relativity • A less extreme problem with severity has to do with relativity • Deterrence functions through criminal law, which makes assumptions about which crimes are to be punished more severely • Sentencing is based on severity and not on
  • 6. characteristics of the crime Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Limitations of Deterrence (1 of 2) • Cost-benefit conceptualization of deterrence theory is known as the economic model or objective deterrence • Cost/benefit calculations are based on a number of factors • At times some offenders do not engage in rational decision making Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Limitations of Deterrence (2 of 2) • Deterrence theory assumptions are often faulty in practice • The diverse stratified and pluralistic nature of our society make deterrence less than straightforward • Different socioeconomic groups might opt out of different crimes due to cost/benefits
  • 7. Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Variability of Severity • Variability of true severity has an intangible element • EG: Approval of peer groups and concepts such as direct and indirect punishments affect deterrence Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Boundedness of Decision Making (1 of 2) • Scholars recrafted deterrence to include the role of variability and perception in individual decision making • This is known as bounded choice/perceptual deterrence theory • Decisions to engage in criminal behavior are influenced by an individual’s perception of punishment Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Boundedness of Decision Making (2 of 2) • Deterrence occurs when perceptions of likely punishment cause would be offenders to refrain from committing criminal acts (despite motivation and willingness)
  • 8. • Modern analysis of deterrence has divided deterrence into two specific types (specific and general) Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Specific Deterrence • Offender is inhibited from repeating criminal behavior by unpleasant experiences • Involves the direct experience of punishment Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved General Deterrence • Punishing other offenders has an effect on would be offenders • Involves the indirect or vicarious experience of punishment through seeing others receive unpleasant outcomes for their actions Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Research on Deterrence Theories
  • 9. • As a theory, the validity of deterrence as a scientific explanation depends on the ability to conduct empirical research and testing hypotheses • Research to study deterrence is typically very diffi cult to accomplish Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Difficulties (1 of 2) • Part of the difficulty with deterrence theory is determining fully measurable concepts and fully specified/testable hypotheses • Fundamental difficulty is that deterrence is not observable, it can only be inferred from observable events Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Difficulties (2 of 2) • As deterrence cannot be “seen” the majority of research has been conducted on the failures of deterrence • Observing people committing crime is a failure of deterrence
  • 10. • We do not really observe people not committing crime Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Methods to Determine Validity of Deterrence Theory 1. Anecdotal Studies 2. Crime Rate Analysis 3. Natural/Field Experiments 4. Self-Report Surveys Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Appeal of Deterrence (1 of 2) • Overall, the appeal of the theory is not entirely based on scientific progress • Theory is more ideological than utilitarian • Agrees with the values we hold about human nature, law and morality Copyright © 2015, 2011, 2008 Pearson Education, Inc. All
  • 11. Rights Reserved Appeal of Deterrence (2 of 2) • Classical theory works, “well enough,” re: empirical research and policy evaluations • Does not work better than most positivist theoretical competitors • The variability of criminal punishments will always limit this theory Copyright © 2015, 2011, 2008 Pearson Education, Inc. All Rights Reserved Copyright You will select a historical or current international security treaty to describe and analyze the effectiveness and sufficiency of the treaty as it relates to homeland security and international security cooperation. The final project will be an 8-10 page paper using the format specified in the Publication Manual of the American Psychological Association (7th ed.) and covering the following major topics: Background of the treaty, including identification and analysis of the forces and events that brought about the treaty Describe and analyze the conditions and elements of the treaty in relation to current U.S. national security policy
  • 12. Describe and analyze the benefits and threats to U.S. national security policy and the impact on our regional allies Make recommendations if the U.S. should remain committed to the treaty and consequences if U.S. withdraws Developmental Criminology • A theoretical model that attempts to link life transitions and developmental processes with patterns of offending behavior over time • Notion is that involvement in crime closely resembles a legitimate career with a beginning, an ascension, a peak, a decline, and an exit • Examines persistence and desistance of criminal behavior (why do people keep committing crime and why do people stop?) • Described as “dynamic” rather than static • Interactive(?) Example • Terrie Moffitt’s Dual Pathway Developmental Theory • Demonstrates existence of adolescent limited (AL) offenders and life-course persistent (LCP) offenders
  • 13. • Both have very different pathways in and out of crime, start criminal careers at different ages, both commit different types of crimes, and both have very different psychological and family profiles Key findings from developmental study of crime • Most offenders will desist quickly • Many will desist without any criminal justice system involvement • Some, a small percentage, will persist over a long period of time (these are the career criminals, habitual or chronic offenders) – This small percentage (between 6-8%) is responsible for a large percentage of crime committed over time (the 80/20 rule) • Wolfgang study – found 6% of the cohort studied committed more than 50% of the crime over time • Orange County, CA – found 8% of young offenders responsible for nearly 60% of crime totals over time The 8% solution: Preventing serious,
  • 14. repeat juvenile crime • The Orange County, CA Probation Department’s research staff tracked two groups of first-time juvenile offenders for three years and found that a small percentage (8%) of the juveniles were: – Arrested repeatedly (a minimum of 4 times within a 3-year period) (These are PERSISTERS) – Responsible for 55% of arrests – Could be identified reliably at first contact with the juvenile justice system – What characteristics do you think these kids had compared to the 92% that were DESISTERS? 8% solution • These 8% enter system with complex set of problems or RISK FACTORS which were identified as: – Involvement in crime at an early age – A multi-problem profile including: • Significant family problems (abuse, neglect, criminal family members, lack of supervision and control) • Problems at school • Drug and alcohol abuse • Behaviors such as gang involvement, running away and stealing – Many of these features make desistance more challenging
  • 15. (web of problems) – Given these findings, if you were a judge . . . – What would you do with the 92% that would desist quickly? – What about the 8% to make desistance happen quickly? 8% Intervention Program • Created the “8% Early Intervention Program” to serve first- time offenders who were no older than 15.5 and who exhibited at least three of the four risk factors in the multi-problem profile • Goals included: – Increase structure, supervision, and support for families – Make kids accountable – Make school more important – Promote prosocial values, behaviors and relationships – Develop new interventions in the community – Bottom line: Identify the “persisters” and help them at an early age – Young Juvenile Offender project here in Virginia (Functional Family Therapy, intensive home-based therapy) – Fast Track Project (page 328 of textbook) How does desistance happen? • Two theories of desistance
  • 16. – Sommer – Shover • How do you think desistance happens? Stages of desistance – Sommer (gradual process) • Stage 1 – Catalysts for change, making decision to stop offending – Socially disjunctive experiences - hitting rock bottom, tiredness, illness, fear of death, aging, perception of risk/certainty of punishment increases – Delayed deterrence - increasing severity of punishment with multiple charges (3 strikes); increasing fear of punishment; harder to do time – Assessment – reappraisal of life and goals, psychic change, role of religion? – Decision – Decision to quit and/or initial attempts at desistance; usually a conscious decision to stop Stages (continued) • Stage 2 – Discontinuance – Public announcement of decision to end criminal participation, claim to a new social identity (beginning of certification process)
  • 17. • Stage 3 – Maintenance – Ability to successfully renegotiate identity, support of significant others, integration into new social networks, ties to conventional roles, stabilization of new social identity – THIS IS THE CRITICAL STAGE – Likely to be episodic with occasional relapses interspersed with longer periods of good behavior – Typically a slowing down process, deceleration (fewer criminal events) – Involves a successful certification process (pronouncement by others that you have moved from “offender” to “law-abiding citizen” – If you were an offender going through this process, what factors do you think might help you be successful? Factors that impact success at Stage 3 • Access to legitimate opportunities, employment opportunities • Social support (family, friends, neighbors, programs like OAR) • Ability to be involved in legitimate activities • Ability to shun criminal world (gangs) (Move away?) • Formal treatment programs that provide ties to people (AA and
  • 18. sponsors; drug treatment courts) • Success of certification process – Appear in legitimate locations; importance of family; “appearing” normal (remove tattoos, piercings); having an address and phone number • Reduce negative stigma of probation and parole supervision (A CORRECTIONAL PARADOX) • Prison-based self-improvement programs Shover’s Model of Exiting • A five-pronged process rather than a three-point stage – Aging Process – Orientational Change (new perspective of self, growing awareness of time, changing aspirations and goals, growing sense of tiredness) – Interpersonal Change (ties to another person, ties to a line of activity) – Modified Calculus (risks now outweigh the reward – rewards of crime now seen as minimal) – Reduction in Criminal Behavior
  • 19. Laub and Samson study “Shared Beginnings and Divergent Lives” • Main finding: Found support for Shover’s exiting process. Three main determinants of a “knifing off” of criminal activity included: – Joining the military – Getting married – Finding legitimate employment – Religion also played a role (although minor) – Other findings: • Did not observe a process but a quick change for some • Desistance did not seem to depend on perceived risk of legal punishment • Conditions necessary for exiting life of crime are largely outside the correctional system’s control • Argues that the CJS does little to make desistance happen – may actually make persistence in crime more likely – HOW? • What policy implications does this approach have if we want to make desistance happen sooner rather than later? 1. Drawing on the readings for this week, please write a 2–3-page essay in response to the following: Many criminologists accept the notion that there are identifiable "causes of crime" YET our current criminal justice system is
  • 20. largely based on the principles of the classical school, including the notions of "free will" and "rational thought". In fact, we justify our punishments on these very principles - for example, we can mete out a sentence of 25 years for the commission of a felony because the felon "made the choice" to commit the crime. You've all heard the saying "if you do the crime, then you need to do the time". If that felon committed the crime because of a mental illness, drug abuse, or a history of abuse, we have a harder time justifying the long sentence of 25 years. So, my question to all of you is this: How can the current criminal justice system be effective when it is based on faulty assumptions about human behavior? For instance, if crime is "caused" rather than being the product of free will, rational thought, and logical choice, then how can our system be effective in changing behavior? How do we overcome this dilemma in order to make our system of criminal justice more effective without compromising the impact of the threat of punishment? Is rehabilitation or some other philosophical orientation more effective in terms of guiding our response to crime? 2. Read the powerpoint and make sure you understand the concepts behind "developmental criminology" . You should understand terms like persistence (a continuance of criminal behavior across a period of time), desistance (stopping of criminal behavior), pathways to crime, and what factors make it more likely to start and stop offending. This is a fascinating area of research! Then, read "The 8% solution" and understand the implications of its findings. Think of it this way - let's say you have 100 first-time young offenders in front of you. The 8% study found that we could reliably identify which 8 of those 100 would go on to commit more serious crime and end up in the system as our habitual, serious offenders. What this means is
  • 21. that 92 of those young people could be released into the community with NO criminal justice intervention and more likely than not, NEVER offend again. So, instead of putting resources into all of the individuals that come into court for sanctioning and services, the 8% solution would argue that we should put resources into only the 8% that are the most likely to offend. And let the other 92% go on with the business of their lives, knowing they will likely not offend again, or if they do, in a very non-serious way. Think about labeling theory which argues that attaching a label of "criminal" to young people actually makes them more likely to offend again and again. So what is the solution? write a brief 2-3 page essay addressing the following questions: If you were a judge, what would you do with the 92% of young people who are likely to desist quickly? What would you do with the 8% who are likely to be persisters? And why?