Summary CMY3701 Summaries.

CMY 3701: EXPLANATION OF CRIME Theme 1: Rational Actor Model: Assumptions of the classical school of thought: Human nature:  People are self-interested.  People are rational creatures.  People have free will.  People are able to make and act in accordance with personal choices, and are able to weight up the advantages and disadvantages of competing courses of action.  Prison is seen as a facility that facilitates reform by developing their rational thought processes. Conception of society or social order:  People will follow their own selfish interests, often resulting in conflict situations, and as a result, chaos.  People are rational. They therefore understand and accept the social contract. They give up certain freedoms in return for protection of life and property from the state.  A violation of the law is a violation of this contract and bears consequences on the individual. Cause of crime:  Crime is committed when the pleasure of the act outweighs the consequences of the pain of punishment.  Behaviour is guided by hedonism: the pain and pleasure principle. The criminal calculates the risk of the crime against the consequences he will face. Implications for policy:  Criminal justice should be subject to a rule of law.  Punishments should be fixed and severe enough to deter the offender from committing a similar offense again.  Judges’ discretion should be minimised.  There should be a legal code and system that is predictable and effective. 2 Limitations of classicism: The Neoclassical School of Thought:  Flaws in the classical school of thought were identified in the 18th century.  Aggravating and mitigating circumstances meant that similar crimes differed in significant ways.  Freedom of choice in some instances was limited.  Rational thought in some cases may also be inhibited, through factors such as poverty, insanity or immaturity.  The classical school completely ignored the differences between individuals.  As a result, neo-classists emerged.  The person is accountable for their actions, but there may be certain reservations.  Children , the elderly and the feeble minded are less responsible for their actions  The individual is taken into consideration much more so. Their backgrounds, circumstances, mental status, socio-economic situation and other factors are taken into account.  The use of psychologists, psychiatrists, doctors and social workers assist in determining the extent to which individuals were responsible for their actions.  Sentencing and punishment became a more individualised process. Routine activities theory:  Developed by Cohen and Felson.  They argued that certain changes in the modern world provided offenders with a far greater number of opportunities to commit crime.  They believed several contributing factors were involved in the increase of crime: Absence of capable guardians. (Homes are left unattended while people go to work) Increase in portable goods, which are attractive targets.  They suggested a pragmatic approach to preventing crime: decrease opportunities and crime will be reduced.  They believe that most violent and property crimes involve direct contact between offender and target. 3  Cohen and Felson suggest that there are 6 basic elements that increase or decrease the likelihood of crime: Value: what is the target worth to the offender? Inertia: how easy is the target to obtain? Visibility: how visible is the target to the offender? Accessibility: how easy is it to gain access to the target? Absence of capable guardians: no police, homeowners, neighbours, friends, relatives. Motivated offenders: young meals, drug users, unemployed adults.  According to Cohen and Felson, in order for a crime to take place, there has to be a motivated offender, an suitable target and the absence of any deterance. Rational Choice theory:  Developed by Cornish and Clarke.  People are not “empty vessels”. They have backgrounds, temperament, intelligence, cognitive style, family upbringing, class origin, neighbourhood context and gender.  These factors create criminal motivations to commit crime.  Crime involves a sequence of choices.  Cornish and Clarke stipulate 6 basic propositions to summarise their theory: Crimes are deliberate acts, with the intent to benefit the offender. Offenders try to make the best decision they can, given the risks. Offender decision making varies considerably, depending on the nature of the crime. Decisions about becoming involved in particular kinds of crime are different from those relating to the actual carrying out of a crime. The decision to be involved in a crime involved 3 stages:  Initiation: are they ready to begin committing crime?  Habituation: do they continue down this path of being a criminal?  Desistance: where or not to stop doing crime? Event decision involves a sequence of choices made at each stage of the criminal act: Preparation – Commission of the act- escape- aftermath. Bounded rationality:  Cornish and Clarke state that behaviour is rational, but bounded or limited.  It is limited in its understanding of possibilities, potentials and consequences. 4 The choice process:  Cornish and Clarke indicate that the choice process occurs in 2 major stages: 1. Offenders decide whether they are willing to become involved in crime to satisfy their needs. This decision is based on their previous learning experiences such as experiences with crime, contact with the law, morals, self -perception. All these are shaped by their backgrounds. 2. Once they have chosen to take part in crime, they need to adopt a crime-specific focus. They need to decide what type of offense they will commit. This is influenced by their current situation.  Crime is therefore deliberate and never senseless. It always has an intended benefit for the offender. Decisions about committing an offence is summarised as follows: o Risks and facts are rarely known in full by the offender. o Criminal choices are made quickly and have to be changed hastily as circumstances require. o Offenders tend to rely on a general approach to crime rather than a detailed planned approach. They tend to improvise in between. o Offenders tend to focus on the rewards rather than the risks, and only consider the immediate possibility of being caught, rather than the punishments they may receive