Chapter 5
The Development of
Rational Choice Theory
Criminology 8th edition
Larry J. Siegel
© 2003 Wadsworth Publishing Co.
From Classical Choice Theories to
Modern Rational Choice Views
The basis of this perspective over time has dealt
with four key relationships:

1) Law

2) Crime

3) Punishment

4) Deterrence
Question
Do you think that a criminal act
is a matter of “rational choice?”
In order for behavior to be rational must this behavior be learned first,
in order to make a structured choice of crime?
Core Concepts of Choice or
Classical Criminology
People choose
all behavior,
including criminal
behavior. Derived from
the notion of free-will.
People’s choice
can be controlled
By the fear of
punishment.
The more severe, certain and swift
the punishment, the greater its ability
to control criminal behavior. Punishment
must also be proportional to the
crime.
Four Utilitarian Objectives
of Punishment
To prevent all
criminal offenses.
When it cannot prevent
a crime, to convince
the offender to commit
a less serious one.
To prevent a crime
To ensure that a criminal
uses no more force than as cheaply as possible.
is necessary.
Beccaria – Classical Theory
l
Rational Choice
---------------------------------------------------Bentham – Classical Theory
l
Utilitarianism
----------------------------------------------------8th Amendment – U.S. Constitution
l
Cruel and Unusual Punishment
Choice Theory
70’s in the and 80”s

National surveys fail to find rehabilitation programs “that
work,” i.e., Martinson’s What Work’s.

Thinking About Crime by James Q. Wilson debunks view
that crime was a function of external forces.

Wilson proposes a forceful reaction to crime, otherwise,
those sitting on the fence will get the idea that “crime pays”
1980’s - Crime Control

Dim view of rehabilitation

Conservative view takes over, i.e., Ronald Reagan

Federal Sentencing Guidelines enacted and elimination of
federal parole

State sentencing guidelines in 22 states

Mandatory Minimums, i.e., drug crimes

Just deserts policies, i.e, lex talionus and the retributive
philosophy
Research indicates that crime
pays relatively little.
Criminals tend to
overestimate the
money they receive
from crime
Criminals believe there
is no choice, legitimate
work is not available.
Criminals are overly
optimistic about getting
away with each
individual crime
QUESTION
If crime pays relatively little,
why are there so many criminals?
Choice Theories: Rational Choice


MAJOR PREMISE
Law-violating behavior
is an event that occurs
after offenders weigh
information on their
personal needs and the
situational factors involved
in the difficulty and risk of
committing a crime.

STRENGTHS

Explains why high-risk
youth do not constantly
engage in delinquency
acts. Relates theory to
delinquency control
policy. It is not limited by
class or other social
variables.
Rational Choice Theory

Rational choice theory is based on the concept of the
“reasoning criminal,” i.e., risk/punishment – value/gain.

Rational choice theory is offender specific – offender
criminality is a result of structured behavior as opposed to
a random act.

Rational choice theory is offense specific – offenders react
selectively to the characteristics of a particular offenses.
Rational Choice Theory

Rational choice theory is concerned with conditions
which promote crime and enhance criminality.

Rational choice theory is concerned with situational
crime prevention, i.e., reducing opportunities to commit
crimes.

Both Jeffery and Clarke propose strategies to reduce
the overall crime rate by controlling the environment and
specific targets, i.e., defensible space – they focus on
eliminating criminal opportunity in residential areas.
Rational Choice and
Routine Activities

Routine activities provides a macro view of crime, rational
choice theory provides a micro view of why individuals offenders
decide to commit specific crimes. The connection between the
two theories:

target vulnerability is a consideration
 presence of capable guardians may deter crime
 crime rates correspond to the number of motivated criminals.

The strength of this approach is that it can explain fluctuations in
crime and delinquency rates and shows how victim behavior can
influence criminal choices.
Personal Factors Associated With
Why People Choose Criminality
Learning and experience,
i.e., limitations
Perceptions of
economic opportunity,
i.e., legal opportunity
vs. illegal profit/benefit
Learning Criminal
Techniques, i.e.,
type of crime, time
and place, and
specific crime target
Structuring Crime
Not only do criminal structure their career but they
rationally choose:
 The
type of crime to commit
 Where
 Who
 The
it occurs
or what will be the target
time the crime will be committed
How Are These Behaviors the
Product of Rational Thought?
 Street
Are there different
definitions of
“rational”?
 Drug
Crime
Use
 Violence
QUESTION
What can a criminal “gain”
from criminal activity?
Benefits or “Gains” from Crime

Illicit earnings: Cash, property, drugs, etc.

Power: Control of their environment

Establishing or proving themselves within the criminal
enterprise

Self-esteem

Short-term problem solving

Increased feeling of competence, assertiveness, and/or
power as a result of antisocial acts
Situational Crime Prevention
Increasing Perceived Effort
1. Target hardening
2. Access control
3. Deflecting offenders
4. Controlling facilitators
Reducing Anticipated Rewards
9. Target removal
10. Identifying property
11. Reducing temptation
12. Denying benefits
Increasing Perceived Risks
5. Entry / exit screening
6. Formal surveillance
7. Surveillance by employees
8. Natural surveillance
Inducing Guilt or Shame
13. Rule setting
14. Strengthening moral
condemnation
15. Controlling disinhibitors
16. Facilitating compliance
Three Factors of
Situational Crime Prevention

Diffusion

Discouragement

Displacement
Rational Choice
and
Philosophies
of Punishment
QUESTION
Should offenders be punished on the basis of
whether they deserve to be punished, or should
they be punished based on the premise that it
may affect or deter their future behavior?
Deterrence
The punishment philosophy that says
punishment’s aim is to
prevent future offenses
by setting an example
for both the offender and others;
i.e., specific and general.
General Deterrence
The version of deterrence that seeks to prevent
crime by using punishment to show others who
are considering a criminal act that they will suffer
painful consequences if they commit that act.
Choice Theories:
General Deterrence

MAJOR PREMISE

STRENGTHS

People will commit
crime and delinquency
if they perceive that the
benefits outweigh the
risks. Crime is a
function of the severity,
certainty, and speed of
punishment.

Shows the relationship
between crime and
punishment. Suggests a
real solution to crime.
Studies of General Deterrence

There is little clear cut evidence that the
perception or reality of punishment can deter
most crime.

The certainty of punishment seems to have a
greater influence on the choice of crime than
the severity of punishment.
Specific Deterrence

The version of deterrence that seeks to prevent crime by
using punishment to show the criminal that the criminal
act was undesirable because it brought more pain than
pleasure. Possible problems include:

Chronic offenders may increase their rate of offending or
defiance.

Juveniles may experience leniency in punishment.

The effect of specific deterrence as a punishment
strategy is uncertain.
Choice Theories:
Specific Deterrence
MAJOR PREMISE

If punishment is
severe enough,
criminals will not
repeat their illegal
acts.
STRENGTHS

Provides a
strategy to reduce
crime..
Testing The Assumption That Capital
Punishment Deters Violent Crime

Studies that have tested this assumption have
focused on:

Immediate impact

Comparative research

Time-Series Studies
What do these studies show?
Incapacitation
The punishment philosophy that says
punishment’s aim is to prevent an offender’s
freedom to move about.
Traditionally, this was accomplished by placing the
offender in prison, but recent technology
suggests that incapacitation might also be
achieved with tools like electronic monitoring.
Choice Theories:
Incapacitation
STRENGTHS
MAJOR PREMISE

Keeping known
criminals out of
circulation will
reduce crime rates.

Recognizes the
role opportunity
plays in criminal
behavior. Provides
a solution to
chronic offending.
Questions
What is the difference between
traditional incapacitation and “selective
incapacitation” models?
How does “aging out” relate
to incapacitation models?
Selective Incapacitation
Under this version of incapacitation,
imprisonment is used only for a select group of
especially dangerous repeat offenders whose
freedom of movement must be restricted to
protect society.
Example: “Three Strikes and You’re Out
Policies”
QUESTIONS
Are criminals rational decision makers or,
are they motivated by
uncontrollable psychological and emotional drives?
If you were caught by police while shoplifting,
which would you be more afraid of:
receiving criminal punishment
or, having to face your friends or relatives and experience
shame and embarrassment?