Neo-classical school
Encyclopedia
In criminology
, the Neo-Classical School continues the traditions of the Classical School
within the framework of Right Realism
. Hence, the utilitarianism
of Jeremy Bentham
and Cesare Beccaria remains a relevant social philosophy
in policy term for using punishment
as a deterrent through law enforcement, the court
s, and imprisonment
.
are perceived to be a problem, the first political reaction is to call for increased policing, stiffer penalties, and increased monitoring and surveillance for those released on parole
. Intuitively, politicians see a correlation between the certainty and severity of punishment, and the choice whether to commit crime. The practical intention has always been to deter and, if that failed, to keep society
safer for the longest possible period of time by locking the habitual offenders away in prison
s (see Wilson
). From the earliest theorists, the arguments were based on morality
and social utility, and it was not until comparatively recently that there has been empirical
research to determine whether punishment is an effective deterrent.
proposes that exploiting the process of socialisation and Social Learning Theory
builds self-control and reduces the inclination to indulge in behavior recognized as antisocial. It is based on Functionalist theories of crime and proposes that there are three types of control:
could be explained in terms of distinct subcultural or contracultural value systems.
ree will. Delinquent youth were neither compelled nor committed to their delinquent actions, but were simply less receptive to other more conventional traditions (1964:28). Thus, delinquent youth were "drifting" between criminal and non-criminal behaviour, and were relatively free to choose whether to take part in delinquency. This challenged the Strain Theory
which
Rational choice theory
This grew out of the expected utility principle in economic theory, i.e. that people will make rational decisions based on their expectations for utility
maximization. To that extent, it fits the model of utilitarianism as proposed by the Classical School, but its implications are doubted by the Neo-Classical School.
statistics
between states using and not using capital punishment
, and found no evidence of deterrence (Bailey & Peterson). Studies then tested certainty as against severity of punishment, e.g. Erickson (1977). The research methodologies used are either the analysis of Official Statistics for objective indicators of correlations, and attitudinal interviews and questionnaires for subjective indicators (potential criminals will not be deterred unless they understand how the criminal justice system works). The research finds that the majority conform to the law because they subscribe to the social and moral values represented by the law (i.e. the process of socialisation is effective). Hence, at best, the threat of punishment has a not statistically insignificant effect on reported crime and the empirical
evidence in support of deterrence is very limited. Raymond Paternoster's work (see bibliography http://www.popcenter.umd.edu/people/paternoster_raymond/cv.pdf) demonstrates that the only statistically significant data emerges from experiential studies among those who have been through the criminal justice system (i.e. specific deterrence), but that this data on its own cannot validate general deterrence. He also finds no evidence that formal social controls are effective. Some informal social negative consequences such as the disapproval of family, loss of reputation, possible loss of employment, etc., are more significant. There is also strong evidence that increasing the rewards of conformity by providing better employment opportunities at realistic rates of pay can achieve comparable deterrent effect by giving potential offenders more to lose (Tierney:1996, 277).
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, the Neo-Classical School continues the traditions of the Classical School
Classical school
The Classical School in criminology is usually a reference to the 18th-century work during the Enlightenment by the utilitarian and social contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and, indirectly through the...
within the framework of Right Realism
Right Realism
In criminology, Right Realism is the ideological polar opposite of Left Realism...
. Hence, the utilitarianism
Utilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
of Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
and Cesare Beccaria remains a relevant social philosophy
Social philosophy
Social philosophy is the philosophical study of questions about social behavior . Social philosophy addresses a wide range of subjects, from individual meanings to legitimacy of laws, from the social contract to criteria for revolution, from the functions of everyday actions to the effects of...
in policy term for using punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
as a deterrent through law enforcement, the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s, and imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
.
Discussion
When crime and recidivismRecidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
are perceived to be a problem, the first political reaction is to call for increased policing, stiffer penalties, and increased monitoring and surveillance for those released on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
. Intuitively, politicians see a correlation between the certainty and severity of punishment, and the choice whether to commit crime. The practical intention has always been to deter and, if that failed, to keep society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
safer for the longest possible period of time by locking the habitual offenders away in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s (see Wilson
James Q. Wilson
James Q. Wilson is an American academic political scientist and an authority on public administration. He is a professor and senior fellow at the Clough Center for the Study of Constitutional Democracy at Boston College....
). From the earliest theorists, the arguments were based on morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
and social utility, and it was not until comparatively recently that there has been empirical
Empiricism
Empiricism is a theory of knowledge that asserts that knowledge comes only or primarily via sensory experience. One of several views of epistemology, the study of human knowledge, along with rationalism, idealism and historicism, empiricism emphasizes the role of experience and evidence,...
research to determine whether punishment is an effective deterrent.
Social control theory
As represented in the work of Travis Hirschi, the Social Control TheorySocial control theory
In criminology, Social Control Theory Travis Hirschi fits into the Positivist School, Neo-Classical School, and, later, Right Realism. It proposes that exploiting the process of socialization and social learning builds self-control and reduces the inclination to indulge in behavior recognized as...
proposes that exploiting the process of socialisation and Social Learning Theory
Social learning theory
-Theory:Social learning theory is derived from the work of Albert Bandura which proposed that social learning occurred through four main stages of imitation:* close contact* imitation of superiors* understanding of concepts* role model behavior...
builds self-control and reduces the inclination to indulge in behavior recognized as antisocial. It is based on Functionalist theories of crime and proposes that there are three types of control:
- Direct: by which punishment is threatened or applied for wrongful behaviour, and compliance is rewarded by parentParentA parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
s, familyFamilyIn human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
, and authority figures. - Indirect: by which a youth refrains from delinquency because his or her delinquent act might cause pain and disappointment to parents and others with whom he or she has close relationships.
- Internal: by which a person's conscience or sense of guilt prevents him or her from engaging in delinquent acts.
Drift theory
Although it was not presented as a Social Control Theory, David Matza (1964) also adopted the concept of emphasised frustration and rebelliousness against normative social values by delinquent youth. Matza did not identify any specific constraints or controls that would keep youth from drifting, but drifters were depicted as youth who have few stakes in conformity and are free to drift into delinquency. As with Hirschi, Matza was skeptical that deviancyDeviant Behavior
Deviant Behavior is an interdisciplinary journal which focuses on social deviance, including criminal, sexual, and narcotic behaviors.The journal is published by Taylor and Francis, Inc., and was ranked 41st out of 46 psychology journals and 46th out of 90 sociology journals in 2004 by the...
could be explained in terms of distinct subcultural or contracultural value systems.
ree will. Delinquent youth were neither compelled nor committed to their delinquent actions, but were simply less receptive to other more conventional traditions (1964:28). Thus, delinquent youth were "drifting" between criminal and non-criminal behaviour, and were relatively free to choose whether to take part in delinquency. This challenged the Strain Theory
Strain theory (sociology)
In criminology, the strain theory states that social structures within society may pressure citizens to commit crime. Following on the work of Émile Durkheim, Strain Theories have been advanced by Robert King Merton , Albert K. Cohen , Richard Cloward and Lloyd Ohlin , Robert Agnew , and Steven...
which
Rational choice theoryRational choice theoryRational choice theory, also known as choice theory or rational action theory, is a framework for understanding and often formally modeling social and economic behavior. It is the main theoretical paradigm in the currently-dominant school of microeconomics...
This grew out of the expected utility principle in economic theory, i.e. that people will make rational decisions based on their expectations for utilityUtility
In economics, utility is a measure of customer satisfaction, referring to the total satisfaction received by a consumer from consuming a good or service....
maximization. To that extent, it fits the model of utilitarianism as proposed by the Classical School, but its implications are doubted by the Neo-Classical School.
Modern research
Initial studies compared homicideHomicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
statistics
Statistics
Statistics is the study of the collection, organization, analysis, and interpretation of data. It deals with all aspects of this, including the planning of data collection in terms of the design of surveys and experiments....
between states using and not using capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, and found no evidence of deterrence (Bailey & Peterson). Studies then tested certainty as against severity of punishment, e.g. Erickson (1977). The research methodologies used are either the analysis of Official Statistics for objective indicators of correlations, and attitudinal interviews and questionnaires for subjective indicators (potential criminals will not be deterred unless they understand how the criminal justice system works). The research finds that the majority conform to the law because they subscribe to the social and moral values represented by the law (i.e. the process of socialisation is effective). Hence, at best, the threat of punishment has a not statistically insignificant effect on reported crime and the empirical
Empiricism
Empiricism is a theory of knowledge that asserts that knowledge comes only or primarily via sensory experience. One of several views of epistemology, the study of human knowledge, along with rationalism, idealism and historicism, empiricism emphasizes the role of experience and evidence,...
evidence in support of deterrence is very limited. Raymond Paternoster's work (see bibliography http://www.popcenter.umd.edu/people/paternoster_raymond/cv.pdf) demonstrates that the only statistically significant data emerges from experiential studies among those who have been through the criminal justice system (i.e. specific deterrence), but that this data on its own cannot validate general deterrence. He also finds no evidence that formal social controls are effective. Some informal social negative consequences such as the disapproval of family, loss of reputation, possible loss of employment, etc., are more significant. There is also strong evidence that increasing the rewards of conformity by providing better employment opportunities at realistic rates of pay can achieve comparable deterrent effect by giving potential offenders more to lose (Tierney:1996, 277).