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CMY3701
EXPLANATION OF CRIME
SUMMARY


THEME 1: RATIONAL ACTOR MODEL
STUDY UNIT 1
THE CLASSICAL SCHOOL: THE OFFENDER AS THE CALCULATOR


KEY CONCEPTS


 AGGRAVATING CIRCUMSTANCES: circumstances that cause the offender to be punished
more severely than they would normally be for a specific crime.
 CLASSICAL CRIMINOLOGY: an approach to studying crime emphasises the importance of free
will and views a criminal act as one that had been consciously carried out by its perpetrator;
the perpetrator has rationally weighed up the advantages and disadvantages of undertaking
the action. The main focus of classicist criminology is on the operation of the criminal justice
system. System operated in a consistent and predictable fashion, it would eliminate crime.
 CRIMINAL EVENT DECISIONS: shorter processes use more limited information that relates
mainly to the immediate circumstances and situations.
 CRIMINAL INVOLVEMENT: processes through which individuals initially choose to become
involved in particular forms of crime, to continue on this path, and then, later to desist from
crime.
 LIMITED OR BOUNDED RATIONALITY: term used to indicate that even though individuals
may make poor decisions, often based on incomplete or simply inadequate information,
they are nonetheless rational actors.
 MITIGATING CIRCUMSTANCES: circumstances that result in a more lenient sentence that
would normally be imposed for a similar crime e.g. first offender.
 NEOCLASSICAL SCHOOL: body of theory that contends that scientific criminology
(positivism), with its belief in rehabilitation, is invalid. According to this school of thought,
society should return to the principles of classical criminology and should deal with crime by
concentrating on the administration of justice and the punishment of offenders.
 ROUTINE ACTIVITIES THEORY: theory (associated primarily with Marcus Felson), suggests
crime occur three factors must be present, namely a motivated offender; a suitable victim;
and the absence of capable guardians.
 RATIONAL CHOICE THEORY: theory which emphasises the importance of rationality in
human action, even if this is limited (bounded). It emphasises the decision-making processes
involved in the choices made by offenders.
 SOCIAL CONTRACT: when an individual is bound to society only by his or her own consent,
and society is therefore responsible to him or her.



Introduction

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,  Cesare Baccaria = father classical school of criminology.
 Classical school = ‘better to prevent crimes than to punish them’
 Human problems addressed by application of reason, not
tradition/religion/superstition.
 Punishment should:
- Avoid unnecessary suffering.
- Be proportionate to crime committed
- Happen short after offence
- Be a sufficient deterrent
 3 principles of punishment: certainty, severity, swiftness


Assumptions of classical school of criminology
1. Human nature: Rationality
 People = rational creatures w free will
 Offender capable calculating what he/she wants to do
 Reform by developing rational thought process
 Conforming associated w rewards rebellion associated w sanctions

2. Conception of society/ social order
 Criminal laws = exchange between state and individual (social
contract)
 Individual right to protection in exchange for freedom of choice
 Violation of law = violation of contracts = state right to punish

3. Causes of crime
 Pleasure/gain outweighs punishment
 Lack of appropriate punishments
 This school of thought = Hedonistic calculus = pleasure- pain principle

4. Implications for policy
 Criminal justice should be subject to a strict rule of law = punishments
known and severe enough to deter
 Classical school of thought:
- Intent was deemed irrelevant
- Punishment should suit offence, not influenced by social/ physical
characteristics


Limitations of the classical school of criminology: Neoclassical school of
thought
 Flaws: aggravating/ mitigating circumstances= similar crimes differ in big ways
 Sometimes free will limited
 Rationality influenced by: poverty, insanity, immaturity
 1st and 2nd time offenders were treated same.

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,  Changes made = neoclassical criminology
 Neoclassical thinkers:
- Realised offender’s past history and present situation influences the
likelihood of reform.
- Recognised children less capable exercising free choice= less responsible
- Individuals w mental illnesses and intellectual challenges even less
responsible
- Admitted non-legal ‘experts’ into court (doctors, psychiatrists etc.)
- Sentences become more individualised depending on degree
responsibility and mitigating circumstances.



Central attributes of classical and neoclassical schools which laid down rational actor
model:
1. Fundamental concentration on criminal law and legal definition of crime
2. Punishment should fit the crime rather than offender
3. Doctrine of free will
4. Use of non-scientific methodology coupled w lack of empirical research

 Focused on law and punishment – didn’t try to explain crime.


Conclusion
 Classical theorists view criminal behaviour as deliberate activity from
rational decisions.
 More severe, swift and certain punishment = more likely to control crime
 Classical school founded on rationality, hedonism, punishment, human
rights.
 Neoclassical school modified doctrine of free will (can be influenced by
incompetence, age, mental state / premeditation).




STUDY UNIT 1.2.


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, CONTEMPORARY RATIONAL CHOICE THEORIES
 Opportunity theories = no crime can be committed without opportunity to
complete act
 Routine Activities Theory: suggest crime to occur 3 factors must be present –
motivated offender, suitable victim, and absence of capable guardians.
 Rational Choice Theory: emphasizes the importance of rationality in human
action and decision-making processes involved in choices made by
offenders.


Routine Activities Theory
 Developed by Lawrence Cohen and Marcus Felson.
 Certain changes in modern world provide offenders with more opportunities.
 E.g. when people go to work and leave property unattended.
 Approach to preventing crime = decreasing opportunities.

 Elements that increase/ decrease likelihood person will be victim of property
crime:
- Availability of suitable targets (person/ property)
- Suitability of target dependent on:
1) Value (worth)
2) Inertia (realistically removed?)
3) Visibility (how visible it is to offender)
4) Accessibility
- Absence of capable guardians (police, home owners, security)
- Presence of motivated offenders


Evaluation of routine activities theory
 Primary goal routine activities theory = identify environmental triggers that
facilitate crime
 Critics argue theory ignores offender and tendency to victim blame.
 Strategies to prevent crime:
- Increased surveillance
- Limiting pedestrian access to certain streets
- Keeping schools visible from building
- Encouraging presence resident caretakers in schools


Summary of routines activities theory
 Focuses on opportunity and lifestyle issues

 Lifestyle influences opportunity for crime:
- Proximity to criminals

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