Chapter 15: Deterrence, Routine Activity, and Rational Choice Theories PDF

Chapter 15 Deterrence, Routine Activity, and Rational Choice Theories by Rick Lin...

Chapter 15 Deterrence, Routine Activity, and Rational Choice Theories by Rick Linden University of Manitoba Daniel J. Koenig Formerly of University of Victoria Slides prepared by Stephen Schneider Saint Mary’s University Copyright © 2020 by Top Hat 15-1 Learning Objectives Understand the role of law as a deterrent to crime and recognize the limits of deterrence. Discuss how offenders make choices whether or not to commit offences and understand the assumptions of rational choice theory. Discuss the routine activities approach to crime, and understand the roles of the motivated offender, suitable target, and ineffective guardianship in any criminal event. Copyright © 2020 by Top Hat 15-2 Learning Objectives (cont.) Know the rationale underlying situational crime prevention and be familiar with the research demonstrating its effectiveness. Understand the need for comprehensive crime prevention initiatives, including crime prevention through social development. Copyright © 2020 by Top Hat 15-3 Introduction Routine Deterrence Rational activities theories choice theory Certain theory Crime will not factors occur unless influence an there is a individual’s People break motivated decision to the law offender, a commit a because they suitable crime and believe crime target, and the legal will provide a ineffective system can reward. guardianship be used to of that affect that target. decision. Copyright © 2020 by Top Hat 15-4 Deterrence Theory Copyright © 2020 by Top Hat 15-5 Deterrence Theory This is based on Beccaria’s Classical theory: People rationally calculate the consequences of their behaviour. Thus, the best way to control crime is to set up a system of punishments to prevent crime. For Beccaria, punishments should be severe enough to deter people from breaking the law, but they should also be proportionate to the nature of the crime. Additionally, punishment should be swift and certain. Copyright © 2020 by Top Hat 15-6 Deterrence Theory How effective is the law as a deterrent? Deterrence is effective to some extent. Most people do not want to be punished. However, research shows the certainty of punishment is more important than the severity of punishment. It is easier for governments to pass tougher sentencing laws—for example, the Harper government’s tough-on- crime laws—than to increase the certainty of punishment. Copyright © 2020 by Top Hat 15-7 Does Imprisonment Deter Crime? Copyright © 2020 by Top Hat 15-8 Does Imprisonment Deter Crime? Long prison sentences “are difficult to justify on a Durlauf & deterrence-based, crime prevention basis.” Nagin’s Imprisonment may increase (2011b) the rates of recidivism. review of Turning 18 in the United research States when adult sentences take effect has little deterrent effect on crime. Copyright © 2020 by Top Hat 15-9 Do Mandatory Minimum Sentences Deter Crime? Copyright © 2020 by Top Hat 15-10 Do Mandatory Minimum Sentences Deter Crime? Mandatory sentences are widely used, but there has been much debate about their effectiveness. California’s “three strikes” legislation of 1994 has caused serious prison overcrowding and has cost an additional $20 billion. Research findings: “there is insufficient credible evidence to conclude that mandatory penalties have significant deterrent effects” Copyright © 2020 by Top Hat 15-11 Do Mandatory Minimum Sentences Deter Crime? Why don’t severe penalties deter crime? Offenders may ignore the risk of getting caught. The likelihood of being arrested, convicted, and punished is so low Crime statistics show that most criminal offences are not reported, that most reported offences do not result in an arrest, that most arrests do not lead to a conviction, and that most convictions do not result in imprisonment. Deterrence is also affected by the fact that many offenders have alcohol, drug, or mental health issues that may lead them to make bad decisions Some offenders are unaware of the sentence they face if convicted. Copyright © 2020 by Top Hat 15-12 Do Mandatory Minimum Sentences Deter Crime? The biggest failure of mandatory sentencing and other deterrence policies is the war on drugs. Billions of dollars have been spent combating drug trafficking and consumption without reducing the problem. Even a high threat of death does not deter drug dealers. Prosecutors and judges find ways to avoid mandatory minimum sentences that they feel are too severe. Canadian courts have overturned parts of the Harper Government’s tough-on-crime laws on the grounds they violate Charter rights. The existing level of punishment is severe enough for most people. Copyright © 2020 by Top Hat 15-13 The Impact of Increasing the Certainty of Punishment Copyright © 2020 by Top Hat 15-14 The Impact of Increasing the Certainty of Punishment A large body of research supports the deterrent effect of increasing certainty. Two of these measures are: Hot spots policing Focusing police resources on high-crime areas can reduce crime by increasing certainty of arrest. Individualized deterrence Directly informing individuals about the consequences of future criminality and ensuring these promises are kept can also have a deterrent effect. Copyright © 2020 by Top Hat 15-15  The Impact of Increasing the Certainty of Punishment Individualized deterrence: Operation Ceasefire This program was developed in Boston in response to high homicide rates among young African-American males. The project involved a significant number of agencies and groups. Police, probation workers, and gang outreach workers sought to deter violence by telling gang members that violence would not be tolerated and that gangs that continued to use violence would be targeted for intensive enforcement Police and other agencies emphasized these measures to enhance the certainty of punishment. They were also offered services to help them get out of gang lifestyle. Research showed dramatic decline in homicide rate while the program was in effect. Copyright © 2020 by Top Hat 15-16 Rational Choice Theory Copyright © 2020 by Top Hat 15-17 Rational Choice Theory This is based on offenders’ choices, including Their decision making in specific situations, Their perceptions of the risks and rewards of crime, and How they selected targets and how they proceeded. The main thesis is that crime is the result of deliberate choices made by offenders based on their calculation of the risks and rewards. Research shows that the short-term costs and benefits are more important than long-term considerations. The immediate rewards of a heroin injection are more important than the eventual possibility of a jail term or the health risks Copyright © 2020 by Top Hat 15-18 Rational Choice Theory Environmental Criminology Environmental criminology examines the target search process of offenders that precedes involvement in a crime. The focus is on environmental opportunities along the paths travelled in criminals’ daily routines. Offenders are more likely to commit offences along these paths. Crime patterns are analyzed in terms of the following: Nodes: important places to would-be offenders—the places where they live, work, and socialize—and they frequently commit crimes in the areas around these nodes Paths: routes between nodes (For example, a convenience store on the route from junior high school students’ homes to their school is vulnerable to shoplifting) Edges: boundaries between different types of land use, where social control may be weaker or targets attractive. (For example, street that separates an industrial area from an residential neighbourhood. Crime rates are often high in these areas because neighbourhood social control may be weaker and because they may contain properties that attract or generate criminal activity) Copyright © 20120 by Top Hat 15-19 Routine Activities Theory Copyright © 2020 by Top Hat 15-20 Routine Activities Theory Routine activities theory was developed from research on patterns of crime, such as when and where it occurs, the immediate circumstances of crime, the relationship between victims and offenders, and the reasons why some people are more likely than others to be victimized by crime. Lifestyle/exposure theory (account for personal victimization) Some people put themselves in social settings with a high risk of victimization, for example, by Spending a lot of evenings in public places, or Being a sex worker on the streets. Some people are more likely to be repeatedly victimized. If victimization is more likely among people with risky lifestyles, then we can expect people who have been victimized once to have a higher probability of being victimized a second time than people who have not been victimized. Copyright © 2020 by Top Hat 15-21 Routine Activities Theory Three factors must be present for crime to occur: Motivated offender Routine Suitable target activities Lack of guardianship of the target approach Changes in any of these factors can lead to an increase or decrease in crime. Copyright © 2019 by Top Hat 15-22 Routine Activities Theory 1.A motivated offender. Unless someone wants to commit a crime, it will not take place. Most of the theories of criminal behaviour discussed in this book try to explain why some people are motivated to commit crimes. 2.A suitable target. A theft will not take place unless there is property to steal, and an assault cannot happen unless there is someone to attack. 3.A lack of guardianship of that target. If a target is well-guarded, it will be much less likely to be victimized. Figure 15.1: The Routine Activities Approach Copyright © 2020 by Top Hat 15-24 Routine Activities Theory Suitable targets  An increase in the number, value, or accessibility of suitable targets can result in increases in crime. The opportunity to steal laptop computers, expensive phones, and other valuable electronics that weigh very little and that are easy to conceal. Effective guardianship:  such as having neighbours watch your home while you are on vacation and taking evening walks on busy, well-lit streets rather than walking alone in an isolated park or down a dark alley.  changes in guardianship affect crime rates.  Interviews with offenders showed that risk factors are the major consideration in target suitability. Burglars would be deterred if they believed that someone was home or if possible entrances were visible from nearby buildings or to passers-by. Copyright © 2020 by Top Hat 15-25 Routine Activities Theory The routine activities perspective has been modified to incorporate two additional variables. Intimate handlers: someone who has intimate knowledge of the potential offender to control him or her (ties to parents and other community members, which have been shown to reduce involvement in delinquency and crime) Crime facilitators: physical facilitators (guns, knives, etc.), social facilitators (negative peer influences), or chemical facilitators (drugs, liquor). Copyright © 2020 by Top Hat 15-26 The Diverse Attractions of Crime Copyright © 2020 by Top Hat 15-27 The Diverse Attractions of Crime Critics of rational Theories do not account for choice theory expressive crimes involving and routine strong emotions. activities theory However, they also realize Defenders that the attractions of crime argue that are diverse and that “opportunities motivations for criminal causes crime” behaviour are complex. Copyright © 2020 by Top Hat 15-28 Table 15.1: Deterrence, Routine Activity, and Rational Choice Theories Copyright © 2020 by Top Hat 15-29 Policy Implications: Preventing Crime Copyright © 2020 by Top Hat 15-30 Situational Crime Prevention Opportunities for crime can be reduced by: 1. Increasing the effort required to commit a crime by target hardening or by controlling access to targets or the tools 2. Increasing the risks by increasing levels of formal or informal surveillance or guardianship. 3. Reducing the rewards by identifying property to facilitate recovery, by removing targets, or by denying the benefits of crime 4. Reducing provocations by controlling for peer pressure or by reducing frustration or conflict 5. Removing excuses by setting clear rules and limits Copyright © 2020 by Top Hat 15-31 Table 15.2: Ronald Clarke's 25 Techniques of Situational Prevention shows the broad variety of situational techniques that can be used to reduce crime. Copyright © 2020 by Top Hat 15-32 Reducing Motivated Offenders Crime can be prevented through social development: It can reduce the pool of motivated offenders by altering the high-risk conditions that breed criminal behaviour. Some approaches include the following: Improve the parenting skills of high-risk parents. Provide job training and employment for young people who are cut off from the labour market. Social development strategies often target young people, who are the most amenable to intervention and who make up the next generation of offenders. Copyright © 2020 by Top Hat 15-33 Reducing Motivated Offenders Poor black children aged 3–4 attended preschool for 30 weeks. Perry At age 40, they showed lower Preschool arrest rates and better social results all around, compared Project in to a control group. Michigan Social savings were estimated at $17 for every dollar spent on the program. Copyright © 2020 by Top Hat 15-34 Reducing Motivated Offenders The students were 123 African American children from poor families. Children aged three and four attended a preschool with an active learning curriculum five mornings a week, and teachers visited the children’s homes once a week. The program lasted 30 weeks each year. A control group did not receive these services. he final follow-up of the Perry Preschool project looked at the participants at age 40. Far fewer of the program participants than controls had been arrested five or more times (36% versus 55%), and they had less than half the arrest rate for drug offences (14% versus 34%). The program group had higher incomes, were more likely to own their own homes, and were less likely to have been on welfare. They had greater educational achievement and lower rates of illiteracy. Program group members were more likely to have had stable marriages, and females had lower rates of out-of-wedlock births Summary Deterrence theories focus on the factors influencing an individual’s decision to commit an offence and assert that the legal system can be used to affect that decision. Increasing the severity of current laws is not likely to have an impact on crime rates. However, increasing the certainty of punishment can reduce crime, particularly through programs targeted at frequent offenders. Copyright © 2020 by Top Hat 15-36 Summary Rational choice theory assumes that people commit crimes because of perceived rewards. A person’s decision to commit a crime may or may not appear rational, but it does meet a goal for the offender. Routine activities theory posits that crime results from the simultaneous presence of a motivated offender, a suitable target, and ineffective guardianship. This approach was used to develop lifestyle/exposure theory, which posits that lifestyle and activities of some people place them at higher risk for crime victimization. Copyright © 2020 by Top Hat 15-37 Summary The routine activities approach leads to a number of crime reduction strategies. These include situational measures, crime prevention through social development, and incapacitation of high-rate offenders The most effective way to reduce crime is to implement comprehensive crime prevention programs that focus on social developmental and situational measures. Copyright © 2020 by Top Hat 15-38