Rational Choice Theory Essay Research Paper Rational

Rational Choice Theory Essay, Research Paper

Rational Choice Theory

. INTRODUCTION

The literature supports that many criminals go through

a rational choice process when committing crime. The

purpose of this paper is to show why the legal system of the

United States is based on this theory, and why it is a

strong basis for the justice system. This paper will focus

on burglary, and the various surveys collected to support

rational choice in burglars.

HISTORY

The justice system of the United States is based

heavily on the works of Jeremy Bentham (1748 – 1833) and

Cesare Beccaria (1738 1794). Their idea of criminology

was a utilitarian one that came to be known as the classical

school. This theory was based heavily on the underlying

theory of rational choice. Rational Choice Theory states

that criminals utilize a hedonistic calculus when

attempting crimes. That is that they weigh rationally the

good and bad consequences of their actions, and conclude

whether or not committing the crime is a good calculated

risk. Many crimes, however, seem to be completely

irrational, which would not support this theory. The

purpose of this paper is to explain which crimes this theory

best explains and why it is a good basis for law.

The terms used in the classical school must first be

explained. Smart (1956, 86.) explains Utilitarianism is

the doctrine that rightness of actions is judged by their

consequences. Both Bentham and Beccaria were utilitarians.

The classical school promotes punishment for crime as a

means of deterrence. Because people are morally

egotistical, they must be afraid of punishment to overpower

their natural tendencies towards crime (Cornish and Clarke,

1986a).

The Classical School held the attention of American

criminologists throughout the 19th century. Other theories

arose after this time and the theory was set aside for some

time. About the 1970 s, the higher crime rates and public

fear called for a resurgence of Classical Theory. This came

to be known as Choice Theory. In a 1975 book by James Q.

Wilson purported a tough on crime approach, which was

readily adopted by politicians of the era and today, to

alleviate the fears of the public (Wilson, 1983). This harsh

punishment outlook is still present in much of today s

political policy.

EXAMINATION OF THEORY

As a basis for all of these theories, and also and

extension of these theories is Rational Choice Theory.

Rational Choice theory assumes that the criminal is first a

rational being. It assumes second that he considers his

crime rationally, weighing both personal factors, (such as

being poor, wanting excitement or entertainment) and

situational factors, (such as the availability of the

target, the likelihood of being caught, and the seriousness

of the crime) (Cornish and Clark, 1986b).

Many are confused as to the meaning of these

assumptions, especially the latter. When speaking of a

criminal considering things rationally, many assume that

this is a long process and do not believe that criminals

undergo this process. The rational choice approach,

however, does not define this as a long process (Cornish and

Clark, 1986a.) Rather, it can occur in the matter of a few

moments, or can be a plan worked on for months.

Some crimes are more difficult to explain using

rational choice theory. The first would be drug use.

However, one must consider the personal factors and see

that, for the drug user, the thrill or excitement is likely

to outweigh the likelihood of being caught. So, initially,

the drug use is a rational choice (Petraitis et al., 1995).

Drug addiction is an unavoidable consequence of these

actions, and will then affect the personal factors being

weighed before committing a crime. When need for a drug is

calculated in, many crimes that would have otherwise been

discarded may be committed by this more highly motivated

offender.

When looking at most crimes where monetary gain is an

outcome, it is most obvious why Rational Choice Theory is

appropriate. As for street crimes, especially violent ones,

it is more difficult. Consider assault. Studies have shown

that perpetrators rationally consider their victims based on

availability and ease of submission as well as based on

personal factors, such as saving face before friends (Liska

and Bellair, 1995).

Another proponent of Rational Choice Theory was Oscar

Newman. He wrote a great deal about defensible space and

Crime Prevention Through Environmental design. He believed

that natural surveillance and other factors of opportunity

influence crime (Newman, 1972). This theory of CPTED was

based upon the idea of OTREP, that is Opportun

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