Chapter 2
Juvenile Justice: The System, Process, and Law
by Rolando V. del Carmen and Chad R. Trulson
Prepared by Chad R. Trulson: University of North Texas
Theories and Measurement of
Juvenile Delinquency
THE EMERGENCE OF THE CLASSICAL
SCHOOL
The Devil and Delinquency
Prior to the 1700’s, the dominant view was that
“criminal behavior” occurred because of “temptation”
or being “possessed” by the devil
“Trial by ordeal” was designed to test whether the
individual was under the influence of the devil or
would be protected by God
THE EMERGENCE OF THE CLASSICAL
SCHOOL
Beccaria
and Free Will
Classical school – human beings rationally
weighed the costs and benefits of committing a
crime
Theorized a system of punishments where the
costs of committing a crime outweighed the
benefits of that crime
To deter crime, punishment should be swift,
certain and severe but must also be
proportionate to the crime committed
Certainty was said to be most important
BIOLOGY, DETERMINISM AND THE
POSITIVE SCHOOL
Determinism – the causes of delinquency are
predetermined to the individual or environmental
factors. Crime is not the result of choice and free
will
Positivism – a perspective of thought in which
causes of behavior can be measured and observed
Positive school – application of scientific
principles to the study of crime
BIOLOGY, DETERMINISM AND THE
POSITIVE SCHOOL
Lombroso
and the Atavist
Cesare Lombroso proposed that criminals were
biologically inferior or different than non-criminals
Atavists – born criminals that could be recognized
through certain physical characteristics or
“stigmata”
PSYCHOLOGICAL EXPLANATIONS OF
DELINQUENCY
Sigmund
Freud believed criminal behavior
was caused by improper formation of the three
components of the personality:
Id – desire for things, primitive instinct
Ego – part of the personality that organizes and
decides between choices and alternatives
Superego – a person’s conscience, which
suppresses impulses
Proper
or improper formation is determined
early in a person’s life
Emphasized the importance of parents
SOCIOLOGICAL EXPLANATIONS OF
DELINQUENCY
Sutherland’s
Differential Association
Theory
Criminal behavior is learned through
communication with primary influences
A person becomes delinquent because of an
exposure to more definitions favorable to violation of
law than unfavorable
Definitions are rationalizations and attitudes for or
against criminal behavior
May vary in frequency, duration, priority and
intensity
Much more than a theory of “bad companions”
SOCIOLOGICAL EXPLANATIONS OF
DELINQUENCY
Akers's
Social Learning Theory
Delinquency occurs when individuals:
Associate with others who commit criminal behavior
Are more exposed to definitions favorable to committing
crime
Define criminal behavior as desirable or justified in a
situation
Have received in the past or expect in the future greater
rewards than punishment for the behavior
SOCIOLOGICAL EXPLANATIONS OF
DELINQUENCY
Social Bonding and Control Theory
Social bonding tries to answer why everyone does not
commit crime. Travis Hirschi states it is because people are
bonded to society:
Attachment – to parents, schools and peers
Commitment – degree to which an individual is invested, if they
have a “stake in conformity”
Involvement – in conventional activities
Belief – extent to which individuals subscribe to general laws and
rules
Delinquency occurs when the bonds to society are
weakened or broken
SOCIOLOGICAL EXPLANATIONS OF
DELINQUENCY
Labeling
Theory
Societal reaction – negative activity could lead to
labeling and a self-fulfilling prophecy
People can have identity transformations – based on
how others react to them because of a label
Primary deviance vs. Secondary deviance