Deterrence Theory
The classical thinkers believed that a major purpose of punishment is deterrence, a justification for punishment based on the prevention or discouragement of crime through fear or danger, as by punishing offenders. Individual (or specific) Deterrence refers to the effect of punishment in preventing a particular individual from committing additional crimes. General Deterrence is based on the assumption that punishing individuals who are convicted of crime provides an example to potential violators, who, being rational beings and wishing to avoid pan, will not violate the law.
Formal Deterrence Theory
According to Cesare Bonesana, Marchese di Beccaria (1738-1794);
o All men possess free will,
o Man is capable of rational thought and selection,
o Man is hedonistic by nature,
Deterrence is punishment based on principles of certainty, celerity and severity.
Modern Deterrence Theory
Deterrence theory is based on the assumption that appropriate punishments deter criminal activity because rational humans will not choose behavior that brings more pain than pleasure. Thus, punishment deters. Deterrence is recognized by courts as an appropriate reason for sentencing. The perception of the certainty and severity of punishment may be the key variable in explaining deterrence.
For example, many offenders who commit murder and other violent crimes do so while under the influence of alcohol or other drugs or while involved in an emotional experience, usually connected with the family or close friends. Probably most of these offenders are not thinking rationally when they commit these violent crimes. In that case, their behavior will not be deterred by criminal statutes.
A question arose here that what type of people need stiff penalties, as compared to others who are more likely to be deterred by publicity or lesser penalties?
The Merits of Deterrence Theory
o Costs of incarceration for life cheaper than the costs to society of their criminal activity as crime cheapens the value of life.
o Deterrence seems a harsh view, but it supports policy making that is tough on crime.
Biological Theories of Criminal Behavior
This chapter brings together a wide variety of approaches to understanding criminal behavior, many of which was popular in the past, lost favor, and has been revived but with more sophisticated research. The current developments in biological and psychological theories are discussed against the background of the earlier contributions of the positive school and those who studied the relationship between body type and crime.
Biological Factors and Crime
Although the major biological theories of criminal behavior were developed in the nineteenth century, they can be found much earlier. One criminologist has traced back to Aristotle the belief that personality is determined by the shape of the skull, i.e. by measuring the shape of the skull, we can measure behavior. The relationship between criminal behavior and body type has been traced back to the 1500s, and the study of facial features and their relationships to crime, to the 1700s. In the latter part of 1700s, phrenology emerged as a discipline.
• Cesare Lombroso (1835-1909) developed several categories of criminals, but he was best known for his concept of the biological or born criminal. He believed that he saw in criminals some of the characteristics of savages. He called this phenomenon an atavism, a throwback or a reversion to pre-human creatures.
Theories of evolution introduced during Lombroso’s time argued that as humans evolved, their physical constitution changed, becoming more complex. Lombroso used these theories of evolution to support his belief that criminals, compared to non-criminals, were not only physically different but physically inferior as well; they had not evolved as far as non-criminals. Lombroso compared criminals to wild animals. Most inmates are not rehabilitated in prison.
Lombroso was not in favor of short prison terms which leave no time for rehabilitation. He advocated alternatives such as fines, forced labor without imprisonment, local exile, and corporal punishment. He advocated the probation system which he said had been very successful in the USA. He supported the death penalty only as a last resort. He believed in restitution for crime victims, and he placed great emphasis on crime prevention.
Lombroso recognized two other types of criminals, the criminaloid and insane. The criminaloid he defined as a person who is motivated by passion or some emotional factor that, coupled with other factors, lead to criminal behavior. The insane criminal includes those who are epileptic or psychotic, along with the idiot and the imbecile, all of whom are unfit for the society. Like born criminals, insane criminals cannot control their behavior. We can say that; Lombroso’s concept of the born criminal remained central to his analysis.
Other members of the positive school i.e. Lombroso’s Fellows, such as Enrico Ferri, shared Lombroso’s explanations of criminal behavior but emphasized also the possible role of environmental or psychic factors in criminal behavior. The belief that, “inherited traits were not sufficient to cause criminal behavior”.
• Physique and Crime
Constitutional (or physical-type) Approaches rest on the assumption that function is determined by structure. Applied to crime, this approach advocates that behavior is determined by the body’s build, which may be the body type, endocrine system, some other physical characteristic-or the mind. The belief that criminal behavior is related to body type can be traced back to a 1926’s book, but the first real development of this approach began in the 1940s with the work of William Sheldon, who measured physique and compared body type with temperament. Sheldon defined three body types: ectomorph, endomorph, and mesomorph. The ectomorph is the tall, skinny body; the endomorph, the short, fat body; and the mesomorph, the athletic body. Sheldon identified three types of temperament that he claimed were associated with body types. His purpose was to lay a foundation for a systematic study of human behavior and human personality. Sheldon conducted many studies on the relationship of body type and criminal behavior, although he concentrated most of his research on juvenile delinquents. He found delinquency to be associated with the mesomorphic body type. Sheldon died in 1977.
• Genetic Factors
Genes: - Those characteristics which we gain from our forefathers. We can say it “by birth characteristics”.
The difference between criminals and non-criminals caused the criminal behavior and these differences are inherited. The criminal was seen as one who was predetermined by biological factors to commit crimes. The next step was to look at the family background to see whether the family had a history of criminal behavior. It so, it was assumed that criminality must be inherited.
1- Family Studies: -
Charles Goring used statistical techniques to measure the degree of correlation of members within a family line. He compared brothers as well as fathers and sons, attempting to show that the correlations for general criminality were as high as for two other categories he measure:
o Ordinary physical traits and features and
o Inherited defects, insanity, and mental disease.
He attempted to show that the correlations were the result of heredity, not environment. He used several arguments to support his position.
Goring’s findings may be criticized on several grounds. Such as;
o He did not measure environmental influences adequately.
o He did not consider criminality among sisters.
o He offered no proof of his assumption that mental ability is inherited.
o He assumed that removing a boy from his criminal father’s home and placing him in
some other environment at an early age was putting him into a non-criminal environment.
2- Study of Twins: -
If behavior is inherited, we would expect to find the same behavior among people with identical genes. Thus, identical twins should behave alike. Fraternal twins (non-identical) of the same gender have about 50 percent identical genes; they should engage in similar behaviors.
Early studies of twins led researchers to conclude that heredity plays a major role in explaining behavior, but most of these studies were based on small samples. Recently, the most recognized study of twins was conducted by Karl O. Christiansen, who reported that if one twin engaged in criminal behavior, the probability that his or her identical twin would also, was 35 percent, compared with only 12 percent if the twins were not identical.
Psychological Explanations Of Criminal Behavior
Psychologists have attempted to explain behavior as well. According to psychological explanations, criminal behavior is determined by mental disorder / mental disturbance / emotional situations. They concluded that mental retardation was the cause of crime.
• The Mind and Its Relationship to Crime: The Beginnings
Earlier, medieval belief in a spiritual basis for deviant behavior advocated that the behavior could not be changed unless the spirits were banished. One of the most popular explanations was demonology. The word demonology was derived from demon which means “devil or evil spirits”. So, demonology means that “individuals were thought to be possessed by good or evil spirits, which caused good or evil behavior”. Simply, we can say that; Demonology includes un-scientific explanations. Under demonology, different types of methods were used to cure an individual’s criminal behavior.
o One method of treating criminal behavior was to use a crude stone to cut a hole in the skull of a person thought to be possessed by devils, i.e. the surgery of brain with stone. The process, called trephining, supposedly permitted the evil spirits to escape. It is the oldest method of treating criminal behavior.
o The usual treatment for evil spirits was exorcism, which included drinking horrible concoctions, praying, and making strange noises to derive the demon or devil out of a human being’s body / head.
o During the later part of the fifteenth century, the belief flogging arose according to which it was assumed that the only way to drive out the devils was to insult them or to make the body an unpleasant place for them. Simply, it is the beating and other forms of corporal punishment of individuals so that evil spirits / devil gone away. Later on, society reacted to this. But in some traditional areas, this way of treating is still present.
In 18th century, scientific knowledge came and sciences including sociology, psychology and other scientific approaches to study criminal behavior.
• Psychiatric Approach
Psychiatry is “the field of medicine that specializes in the understanding, diagnosis, treatment, and prevention of mental problems”. Psychoanalysis is the branch of psychiatry based on the theories of Sigmund Freud. Psychiatry views each person as a unique personality who can be understood only by a thorough case study.
The use of the case study in psychiatry characterized the work of William Healy. Healy believed that the only way to find the roots or causes of delinquent behavior was to delve deeply into the individual’s background, especially the emotional development. They advocating that delinquency are purposive behavior resulting when children are frustrated in their attempts to fulfill some of their basic needs. Healy and his associates found that delinquents had a higher frequency of personality defects and disorders than non-delinquents.
Sigmund Freud (1856-1939) have greatest contribution to the development of psychoanalytic theory. The psychoanalytic theories of Freud and his colleagues introduced the concept of the unconscious and emphasized that all human behavior is motivated and purposive. He did not directly study criminal behavior. He has discussed it indirectly.
According to Freud, humans have mental conflicts because of desires and energies that are repressed into the unconscious. These urges, ideas, desires, and instincts are basic, but they are repressed because of society’s morality. People try frequently to express these natural drives in some way, often indirect, to avoid the reactions of others. Dreams are one example of indirect expression.
Freud saw original human nature as assertive and aggressive. It is not learned but is rooted deeply in early childhood experiences. We all have criminal tendencies, but during the socialization process, most of us learn to control them. The improperly socialized child does not develop an ability to control them.
• Personality Theory
Emotional conflict and personality deviation characterize many criminals; especially habitual offenders. Mental disorders are higher among criminals than among non-criminals. So, there is a causal relationship between personality and behavior.
• Intelligence and Crime
It is closely associated with the mental disorder approach. It is argued that low intelligence causes crime. This approach has long historical approach. Early studies of family show that the criminal behavior was caused by low intelligence. The relationship between crime and intelligence got a boost with the 1985 publication of Crime & Human Nature by James Q. Wilson and Richard J. Herrnstein, who stated that there is a “clear and consistent link between criminality and low intelligence”. We can also explain it as;
Intelligence Crime
• Cognitive Development Theory
This approach is based on the belief that they way in which people organize their thoughts about rules and laws results in either criminal or non-criminal behavior. Psychologists refer to this organization of thoughts as moral reasoning. When that reasoning is applied to law, it is termed legal reasoning.
Jean Piaget believed that there are two stages in moral reasoning:
o The belief that rules are sacred and immutable, and
o The belief that rules are the products of humans
According to Piaget, we leave the first stage at about the age of thirteen, and the second stage leads to more moral behavior than the first.
In 1958, Lawrence Kohlberg made some changes in this approach. He called the first stage pre-conventional and the second conventional. He added a third and higher stage, post-conventional reasoning. According to Kohlberg, between the ages of ten and thirteen, most people move from pre-conventional to conventional reasoning or thinking. Those who do not make this transition may be considered arrested in their development of moral reasoning and they may become delinquents.
Modern Scholars have developed the thesis that both criminal and non-criminal behavior are related to cognitive development and that people choose the behavior in which they with to engage. Criminal behavior exists because of the way people think and the choices they make. Thus the root causes of crime …..are thought and choice.
(The other two approaches are Behavior Theory and Learning Theory)
