1. Using the main assumptions of Classical Criminology and/or its more modern version known as Rational Choice Theory, what do you think are the most significant arguments for and against capital punishment?

As part of this Discussion Question, and after considering both sides, should capital punishment be abolished and or retained…and specifically why?

2. After conducting your own research (e.g., via the online library, Internet, etc) regarding Classical Criminology and Positivist Criminology, which do you more closely prescribe to and
specifically, why?

Rational Choice Theory

Up front, many a follower of rational choice theory would contend the theory effectively explains not only the cause but identifies what is needed to address criminal acts such as date rape. Yet to fairly evaluate that belief it is important to first look at the theory’s origins and main assumptions.

Main Assumptions

Historically, rational choice theory, brought to prominence in 1985 by Clarke and Cornish, owes its beginnings to the original deterrent theory, i.e. Classical Criminology that was began in 1764 (Vold et al., 2002). Its primary tenants consist of free will, in the form of individuals making rational choices, and deterrence. The latter being in the form of both punishment and preventive measures (Liska & Messner, 1999), such as aggressive date rape media campaigns and self-defense courses.

Free Will

Simply stated free will holds that an individual is not an unthinking robot, and they freely decide to either commit or not commit deviant acts such as date rape after weighing the possible rewards versus any penalty (Vold et al., 2002). The embodiment of free will as espoused by Rational Choice Theory is that individuals make a voluntary choice (Vold et al., 2002). Yes, there may be other variables, such as peer pressure, lust, and or the need for power, of which all three can play a part in the case of date rape, but the theory places the emphasis on the individual who ultimately chooses to act or not act, regardless of why (Vold et al., 2002).

The premise of free will is that all individuals have the propensity to commit crime, including those, whom a rational individual would believe have no real reason to commit crime. A prime example might be Martha Stewart, who was convicted on March 2004 for obstruction of justice and lying to investigators in regards to taking part in illegal insider trading, despite her already vast wealth. This example, lends further support for the theory’s point that individuals consistently look out for themselves and when given the opportunity often take more than their fair share, despite a valid need (“Cesare,” n.d.). Similarly, it shows how individual morality has over time proven to be an inferior blockade to individuals seeking satisfaction. A premise that helps explain how an individual committing date rape can disregard the feelings of the victim, while concentrating solely on their own gratification.

Still, it has been argued by some critics of rational choice that not all criminal behavior is of free will. Such an example might be a man who robs a bank because his family is being held captive, and if he does not perform the act they will be killed. However, advocates have argued that even if under duress, the principle of free will is still very relevant and still a constant (O’Neill, 2004).

Deterrence

The penalties incorporated as part of the overall deterrence assumption held by Rational Choice Theory holds that in order to deter crime, punishment must be severe enough to deter, be certain, and swift (Liska & Messner, 1999). All three of which appear to be less than certain in regards to date rape. Particularly, as the U.S. Department of Justice estimates, over two-thirds of date rape victims never come forward, and of those who do, only 16 percent of the time does the perpetrator receive a prison sentence, equating to only 5 percent of rape suspects being significantly punished (Louisiana, 2005). Meaning upwards of 70 percent are never even troubled, and of the 30 percent who are, almost all either get the charges dropped, and or receive probation or other minor penalties. With these numbers, it is hard to argue that punishment is either certain or severe as Rational Choice Theory states would be required to deter criminal acts, and likely explains why the crime of date rape continues to flourish.

Now I hope this gives some insight into not just Rational Choice Theory, but how it can be used to determine and or describe why a criminal act occurs. Please consider this, when responding in this week’s discussion.