Deterrence/Rational choice/routine activities theories Flashcards
What is deterrence theory?
certain factors influence an individual’s decision to commit a crime and the legal ssystem can be used to affect that decision
what is rational choice theory?
people break the law because they believe crime will provide a reward
routine activities theory
crime will not occur unless there is a motivated offender, a suitable target, and ineffective guardianship of that target.
What is deterrence theory based on?
Beccaria’s Classical Theory: people rationally calculate the consequences of their behaviour
- swift, severe, certain to order: punishment is best way to prevent + control crime
Research on effective punishment?
certainty of punishment is more important than the severity
hard to increase certainty tho
Does imprisonment deter crime?
long prison sentences “are difficult to justify on a deterrence-based, crime prevention basis”
- imprisonment may increase recidivism
- turning 18 (adult sentence) does little to deter crime.
examples of increasing the certainty of punishment?
-operation ceasefire: in Boston, individuals told violent behaviour would not be tolerated, emphasized measures to enhance certainty of punishment. = effective.
McCluskey: Brought Glasgow’s gangs together; showed them their involvement in crime, gave them community options to get out of crime. viewed violence as disease.
Glasgow smile - like the joker.
- certainty + personalization + alternatives = effective
rational choice: crime is result of ?
deliberate choices made by offenders based on their calculation of the risks + rewards.
rational choice theory
- offender choice has 3 elements
- specific situation (enviro: street lights, cameras decreases crime)
- perceptions of the risks + rewards
- selection of target + proceeding with crime
research on offender choices?
short term costs + benefits > long term considerations
2 rational considerations
- those of the offender
- those of the offence
- crime depends on personal decision made after one has weighed available info
routine activities theory: 3 factors that must be present for crime to occur?
- motivated offender (change in lifestyle changes likelihood of committing crime)
- suitable target
- lack of guardianship of the target (lifestyle changes likelihood of victimization)
what is lifestyle/exposure theory
some people put themselves in social settings with a high risk of victimization
- some more likely to be repeatedly victimized.
situational crime prevention
- reduce opportunities for crime (5 ways)
- increasing EFFORT required to commit
- increase RISK
- reduce REWARDS
- reduce PROVOCATIONS
- remove EXCUSES
MMS
cali 3 strike laws.
- increase cost
- dont reduce crime rate
why does severe penalty no t deter crime?
- don’t think they’ll get caught
- unlikely to lead to punishment
- most reported offences =/=> arrest, arrest =/=>conviction =/=> prison
- affected by substance, mental health = bad choice
- unaware of sentence they face
- prosecutor/judge can evade punishments of MMS
- existing level of punishment is severe enough for most.
two increases in certainty of punishment (broad)
hot spots policing
individualized deterrence
what is environmental criminology?
environmental opportunities they encounter in course of activities influence decisions to commit criminal acts.
- commit crime on path
- node: important place
- path: road between nodes
- edges:boundaries/barriers
define intimate handler?
sufficient knowledge of potential offender to control the offender
define handled offender?
individual susceptible to informed social control by virtue of his/her bonds to society
3 types of facilitators
physical: objects
social: peers who teach, or support
chemical: substance that reduces inhibition
indictable vs summary
indictable: on criminal record. goes away after 1- years.
summary : may be on crim record for 5 years. doesnt always go on record tho.
crimes are strictly one or the other, or hybrid.
prosecutor: role?
choose the charge that they want to assume the burden of proof of
- what best fits the facts, what will they agree to in guilty plea (easier than trial)
- look at process for witnesses etc.
two fundamental guidelines for prosecutors?
- reasonable likelihood of conviction: what can be proved beyond reasonable doubt
- public interest test: what you can prove, but do you want to prosecute? sympathetic aspect, dont waste tax payer money
standards of proof
- mere suspicion. low, law doesnt recognize
- reasonable suspicion: average canadian would think the same.
- reasonable + probably grounds. police satisfy, honest belief that person committed
- proof on the balance of probability: suing, happened more likely than not
- proof beyond reasonable doubt: moral certainty. prosecution fulfills
- absolute truth
role of defense council
help accused through the process. advice, ensure fair trial, saves time, ensure crown has evidence that’s fairly obtained.
- will probs advice to take guilty plea.
reversing the burden
asking accused why they didnt defend themselves.
no, up to crown to prove their guilt.
how much of the cases are settling + pleas?
85-90%
aggravating factors?
position of trust
if on bail
age of victim
where it occured
mitigating factors?
age of offender early guilty plea genuine remorse no criminal record cooperation with authorities
victim rights
charter focuses on offender/accused rights.
- victims fought for their rights.
- victim impact statements
- victim views taken into account when making decision for prosecutor + judges.
specialized courts
drug treatment
mental health court.
