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What is Theory?
 | Integrated sets of ideas that explain and predict some
phenomenon |
Theories of delinquency causation
| used to develop laws and policies |
How to Evaluate Theory
| Simple? |
| Testable?
 | Concepts must be clear and measurable |
| weakness in some psychiatric theory |
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| Emperically valid? |
| Logically consistent? |
Supernatural Theory
| demonic |
| not empirically tested |
| Mark 3:15 … authority to cast out demons |
The Classical School
| punishment must be severe enough that the offender
"thinks twice" |
| free will
| humans can be held responsible for their choices |
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Cesare Beccaria
| concern about the cruelty, arbitrariness, and
inefficiency of punishment |
| punishment must be swift, certain, and proportional |
| social contract
| exchange of some freedoms for protection |
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Jeremy Bentham
| people are hedonistic, or pleasure-seeking |
| calculate the probability of making a profit against
chances of arrest, conviction, and prison |
| one result was a reduction in the number of capital
offenses |
The Neoclassical School
| people are different |
Mitigating Circumstances
| age or mental condition |
| differences among people might explain differences in
their behavior |
Individual Justice
| criminal law must reflect the differences among people |
| determinism
| criminal behavior is caused by prior conditions |
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Modern Classical and Neoclassical
School Theory
| borrowed from classical and neoclassical |
Cohen and Felson
| routine activities theory |
| likely and motivated offenders |
| suitable targets |
| absence of people to deter the would-be offenders |
Rational Choice Theory
| offenders weigh the costs and benefits of a course of
action before they commit a crime |
| criticisms |
| most delinquents, because they are children, have been
shown to be irrational |
| people may assess situations incorrectly |
Contemporary Deterrence Theory
| juveniles might consider the effect of their actions on
friends and family (significant others) |
| guilt or shame (conscience) |
| inconclusive, not all delinquency is based on rational
decision-making |
| have access to a limited amount of helpful information
about the likely outcomes of their illegal choices |
James Q. Wilson
| bad choices because middle-class morality has collapsed
and is no longer taught by parents to children |
| delinquents as caculators
| need more severe policies |
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Juvenile Justice Policy Applications
| prevention based on classical and neoclassical |
The Justice Model
| determinant or fixed-time sentences |
| abolishment of parole |
| use of prisons for punishing offenders, not rehabilitating |
| punishment is deserved because of the harm caused
(retribution) |
The Utilitarian Punishment Model
| offenders punished to protect society |
| shock probation
| incarcerated for a short period before probation begins |
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| boot camps
| constantly drilled |
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| Scared Straight
| meet with incarcerated felons, who threaten them |
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| existence of fundamental due process makes these difficult |
Does Crime Pay? By Morgan Reynold
| likelihood of serving significant prison time is very low |
| some association between punishment and crime rates |
| increasing amount of offenders means early release for
others |
Fort Worth Star-Telegram, August 28
| "Texas prison growth is fastest; If the state were
a country, it would have the world's highest incarceration rate, a study says." |
| Texas Prison Rates |
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