for reference of students and help

1. MCJ - SOCIOLOGY OF CRIME
2 RATIONAL ACTOR MODEL OF CRIME AND
CRIMINAL BEHAVIOUR

2. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
RATIONAL
EXPLANATION
SUPERNATURAL
EXPLANATION
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
PHILOSOPHICAL
ORIGIN
EVIL

3. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
utilitarianism
social contract
theories
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
PHILOSOPHICAL
ORIGIN
Free will
Rational decision

4. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY? • the concept that the punishment should fit the crime. Criminals are
seen to owe a ‘debt’ to society and punishment should be fixed strictly
in proportion to the seriousness of the crime.
• Aversion to capital punishment, torture; suggest extension of
imprisonment and improvement of prison.
• Individuals had given their consent to the societal arrangement -
when the agree to live amongst society – hence indiv must fulfil the
conditionof their contract – which include obeying the law: hence they
are punish for interfering with others liberty (ie. By breaking the law)
• Punishment should reflect the pleasure-pain principle; human beings
have free will and would decide matters base on each balance of
pleasure-pain.
• Punishment should be severe and swift but limited (less harsher) to
only that necessary to deter people from ever committing it again (no
capital punishment)
• Hence the notion of ‘responsibility’ for their action (note the demand
for ‘mental culpability’ @ mens rea in criminal law)
‘On Crime and
Punishment’ 1764
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
BECCARIA
Free will
Rational decision

5. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
• ..fundamental axiom of all utilitarian philosophy… ‘the greatest
happiness for the greatest number’. People are rational creature who
will seek pleasure and avoid pain.
• role of punishment = to provide a psychological barrier – ie pain that
will prevent individuals from committing crime – or where the
pleasure from committing crime has diminished.
• Punishment should be the minimum required to deter the individual
and others from doing or mimicking it (no capital punishment)
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
JEREMY BENTHAM
Free will
Rational decision
CRIMINAL BEHAVIOUR IS RATIONAL &
CALCULATIVE DECISION

6. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
choices can be
controlled by fear of
punishment;
because people weigh
the potential benefits
and consequences of
crime, some people
concluding that the risk
of punishment is worth
the satisfaction of crime;
CLAIM:
All crime is the
result of free will
and hedonism
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
the more certain, swift,
and severe the
punishment, the greater
is its ability to control
criminal behavior,
especially if the
punishment is fair and
serves some rational and
legitimate purpose
[fear of punishment =
rational deterrence]
people freely choose all their
behavior;
that motives such as greed,
revenge, need, anger, lust,
jealousy, thrill-seeking, and
vanity are just expressions of
free will or at least
expressions of personal
choice, conclusion, or
decision making that people
have made

7. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
T’FORE:
YOU HAVE
MADE A
RATIONAL
DECISION TO
COMMIT
THAT
BEHAVIOUR
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
i.e. YOU KNOW THE
BEHAVIOUR IS WRONG.
CLAIM:
All crime is the result of
free will and hedonism
YOU KNOW
THAT YOU WILL
BE PUNISHED
FOR
COMMITTING
THE PROHIBITED
BEHAVIOUR
A CRIMINAL ACT OR
BEHAVIOUR IS BASED
ON A RATIONAL
(CONSCIOUS/
DELIBERATE)
DECISION
YOU CALCULATE
THAT THE
PROFIT FROM
COMMITTING
THE ACT
OUTWEIGH THE
RISK OF
PUNISHMENT
THE
RATIONAL
OFFENDER
A CRIMINAL ACT OR
BEHAVIOUR IS NOT
IRRATIONAL
PUNISHMENT IS
THEREFORE,
JUSTIFIED

8. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL
CRIMINOLOGY?
Presumes every
person as similar
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
LIMITATIONs
One size fits all
punishments
Dependency on
IMPRISONMENT as
the main form of
punishment Length of detention is
quantifiable!
Deterrence factor
Does not distinguish:
Age
Mental ability
Situational factors
Consequently, definition
of crimes become
legalistic (and political)
 Criminal law =
Offences + punishments

9. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
NEO- CLASSICAL
CRIMINOLOGY?
utilitarianism
social contract
theories
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
Revision of the
doctrine of free will
Acceptance that people –
hence, offenders – are not
similar
i.e. It would be wrong to punish different
people with similar punishment
Different level of mental capability (and
decision making ability) - hence, varying
degrees of culpability
People of mental incapacity – incapable of
exercising free choice – hence, cannot be
made culpable/responsible
Recognised: individual decision making - both
internal and external process

10. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL AND NEO-
CLASSICAL
CRIMINOLOGY
IMPACT ON
CRIMINAL
JUSTICE
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
1. emphasis on choice-decision and the
notion of mens rea as proof of
criminal intention before anyone can
be sentenced.
2. ‘Sentencing tariff’ reflect neo-
classicist concern with modifying
punishment to offenders culpability
3. ‘just dessert’ approach to
punishment. (also proportionality)
4. Note also Herbert Packer’s ‘due
process and crime control’ model of
criminal justice .

11. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CLASSICAL AND NEO-
CLASSICAL
CRIMINOLOGY
MAJOR
CRITICISMS
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
Classical/neo-classical - …fails to appreciate
that the exercise of free will may be
constrained by biological, psychological or
social circumstances.
Classical/neo-classical … more concern with
administrative and legal criminology rather
then attempting to explain criminal
behaviour.
AND
Requires that individuals are aware of the criminal
law/offences
 hence laws need to be conveyed/communicated to
individuals (+ understood!)

12. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
CONTEMPORARY
RATIONAL ACTOR
THEORIES
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
Rational choice is the idea that there are
many more complex decision making
variables in the reasoning process of
offenders than the simple free will -
deterrence model makes out.
Three groups of contemporary rational choice
theory:
1. contemporary deterrence theories
2. rational choice theory
3. routine activities theory

13. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
e.g. CCTV
…crime as an outcome of
opportunity to offend  removal
of those opportunities could result
in lowering crime incidence.
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
RATIONAL
CHOICE THEORY
Development: government crime
prevention.
Theory  pragmatic solution
CONTEMPORARY
RATIONAL ACTOR
THEORIES
e.g. HOTSPOT POLICING
e.g. SURVEILLANCE

14. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
MAKE CRIME
COSTLY!
offenders decision making process
as economic choice:
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
+ chooses the activity – legal or illegal that
offers the best return.
potential offender calculates
• the legitimate opportunities if earning income
available ,
• the amount of reward they offer,
• the amounts offered by illegal methods,
• the probability of arrest,
• the likely punishment.
CONTEMPORARY
RATIONAL ACTOR
THEORIES
RATIONAL
CHOICE THEORY

15. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
crime is always the outcome of
the offender’s decision
CONTEMPORARY
RATIONAL ACTOR
THEORIES
• offenders invariably act in terms of a limited
or bounded from of rationality
• ie albeit limited facts to make ‘sound
decision’ – offenders remain ‘in charge’ – ie
conscious/aware – of their decision.
• Decision to commit crime is not a complex
cognitive process
• ..crime is simply rational action performed by
fairly ordinary people in response to
particular pressure, opportunities and
situational inducements.
RATIONAL
CHOICE THEORY

16. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
crime is always the outcome of
the offender’s decision
CONTEMPORARY
RATIONAL ACTOR
THEORIES
• This view is largely a reaction to the predestine-
actor model; i.e. that criminal is just like any
ordinary person rather than someone who is
inherently ‘bad’ or pre-disposed to commit
crime;
• Although some RC theories would accept the
view that individuals inherent predisposition
may interfere with their rational decision. (e.g
pre-existing psychological condition)
• Note that the decision to commit crime may
include a series of choice decision > single
decision – thus external-internal influences on
the decision must not be discounted.
RATIONAL
CHOICE THEORY

17. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
Cohen and Felson, Social Inequality and
Predatory Criminal Victimization (1979)
= ‘the risk of criminal victimisation varies
dramatically among circumstances and
locations in which people place themselves
and property’
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY

18. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
Variables that increase/decrease the
likelihood that persons will be victims
of ‘direct contact’ predatory – personal
or property –crime:
• Motivated offenders
• Suitable targets of criminal
victimisation
• Capable guardians of person or
property
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
‘Routine activities’ of crime events –
elements: time, place, objects and
persons.
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY

19. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
i.e. crime likely to happen:
- there is someone motivated to commit
crime
- a target or potential victim is available
- absence of physical deterrent/guardian.
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
‘Routine activities’ of crime events –
elements: time, place, objects and
persons.
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY

20. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
e.g. burglary/house breaking:
- Occupants not at home
- Property not well secured (e.g. bad door
locks)/no security guards/no gates
- A person with the intention to break into
such homes
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
I.E. CRIME IS A FUNCTION OF
SITUATION + OPPORTUNITY
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY

21. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
opportunity theory – Cohen, Kluegel and Land
Social Inequality and Predatory Criminal
Victimization (1981)
considers elements of
• exposure,
• proximity,
• guardianship and
• target attractiveness as
= variable that increases the risk of criminal
victimisation.
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY

22. FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
theory is focus on explaining how/why people
become victim of crime rather than why people
commit crime. The theory provide little explanation
on the motivation that drive these criminal to
commit crime when faced with the ‘opportunistic
situation’.
2. RATIONAL ACTOR MODEL OF CRIME AND CRIMINAL BEHAVIOUR
it assume that all human being are similar/equal in
their behaviour and motivation: that we all carefully
calculate our action
CONTEMPORARY
RATIONAL ACTOR
THEORIES
ROUTINE
ACTIVITIES
THEORY
Rational actor approach – useful in crime prevention theories:
the understanding of crime as an opportunistic activities and the
influence of situational elements.
ie rhetoric of ‘law and order’, ‘just desert’, ‘tough on crime’  politically
pragmatic action oriented – crime control approach, but not result oriented.