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Criminal Behavior and Learning Theory C Journal of Criminal Law and Criminology Volume 56 Article 4 Issue 3 September Fall 1965 Criminal Behavior and Learning Theory C. R. Jeffery Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation C. R. Jeffery, Criminal Behavior and Learning Theory, 56 J. Crim. L. Criminology & Police Sci. 294 (1965) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Vol. 56, No. 3 Copyright @ 1965 by Northwestern University School of Law Printed in U.S.A. CRIMINAL BEHAVIOR AND LEARNING THEORY C. R. JEFFERY The author received his Ph.D. in sociology from Indiana University where he studied under the late Dr. Edwin H. Sutherland. He has held academic positions at Colby College, Southern Illinois University, and Arizona State University. He is currently affiliated with The Washington School of Psychiatry as a research associate, and with the New York University Law School as a visiting lecturer in criminology. Dr. Jeffery was a senior fellow in the law and behavioral science program at the University of Chicago Law School, and a fellow in the institute on the administration of criminal justice sponsored by the Social Science Research Council at the University of Wisconsin. He is co-author of a book entitled Society and the Law, and he is now engaged in a research project in delinquency prevention and control, using principles derived from behavioral psychology. As many of our readers well know, Dr. Jeffery is Editor of the Criminal Law and Criminology Book Review Section of this joumal.-EDrroR DIFFERENTIAL ASSOCIATION tioning is based upon a stimulus eliciting a re- One of the most popular theories of criminal sponse, the stimulus occurring before the response. behavior, especially among sociologists and social Such conditioning procedures are of minor impor- psychologists, is the notion that criminal behavior tance to sociologists since the behaviors involved is learned behavior. The theory of differential are usually eye blinks, salivation, and galvanic association, put forth by Edwin H. Sutherland (1), skin responses. Much more important are operant is a learning theory which formulates the process behaviors, those behaviors emitted in the presence as one whereby criminal behavior is learned in of given stimulus conditions and maintained by association with those who have criminal attitudes their consequences, that is, the changes they and values, as compared to associations with those produce in the environment (3). The stimulus who have noncriminal attitudes and values. follows the response. Examples of operant behavior Sutherland's theory is now over thirty years old, include verbal behavior, sexual behavior, driving a and there has been no major theoretical revision car, writing an article, wearing clothing, or living in nor any empirical verification of the theory during a house. The concept of operant behavior is its lifespan (2). The purpose of this paper is to important to sociologists because most social apply modern learning theory to differential behavior is of an operant nature. Social interaction association in order to place it in modern dress and is maintained by the effect it has on other people. to place it in a form which is empirically testable. Homans has used the concept of operant behavior The theory of differential association is not valid in to discuss what he calls elementary forms of social its present form because, though it is basically behavior (4). sound in asserting that criminal behavior is learned, Stimuli, or environmental conditions, can be it does not make use of the learning principles divided into several categories. Contingent stimuli which are now available as a result of experimental are the environmental conditions which are pro- laboratory research. The principles were not duced by and are contingent upon a given response available when Sutherland wrote, and it is there- of the actor. Such stimuli can be reinforcing or fore necessary to reappraise and reformulate his aversive. A reinforcing stimulus strengthens the theory in terms of laboratory research carried on response, that is, the response rate increases when a from 1940 to 1964. given stimulus is produced by a given response. This process is known as reinforcement. An OPE-RANT BEHAVIOR aversive stimulus weakens a response rate, that is, Learning theory has revolved around the con- the response rate decreases when a given stimulus cept of conditioning, wherein behavior (responses) is produced by a given response. This process is is related to the environment in which it occurs known as punishment. Reinforcement can be (stimuli). The Pavlovian type of classical condi- positive or negative. Positive reinforcement refers 19651 CRIMINAL BEHAVIOR AND LEARNING THEORY to the process whereby the presentation of a offenses, and there the reinforcing stimulus is the stimulus increases the response rate; negative rein- stolen item. Crimes against the person may involve forcement refers to the process whereby the elimi- negative reinforcement, that is the removal of an nation of a stimulus increases the response rate. aversive stimulus. Murder and assault are be- Likewise, punishment can be positive, wherein the haviors of this type. Voyeurism, fetishism, ex- presentation of a stimulus decreases the response hibitionism, and homosexuality are behaviors that rate, or negative, wherein the elimination of a are maintained by their consequences on the stimulus decreases the response rate. These rela- environment, though the nature of the reinforce- tionships can be diagrammed as follows: ment and the conditioning which led to this associa- tion of sex gratification with such consequences response up response down is not well understood at this time. What is involved, stimulus Sr S. however, is the association of sex behavior with a presented positive positive forbidden sex object, such as occurs in the case of reinforcement punishment fetishism or homosexuality. The homosexual selects a male rather than a female as the sex stimulus S.; S object because of his past conditioning history in eliminated negative negative reinforcement punishment thesexual area. Narcoticsandalcohol arereinforcing stimuli because of the biochemical changes they produce in the body. In the case of narcotics addic- Sr refers to a reinforcing stimulus, Sa refers to an tion negative reinforcement is involved, that is, the aversive stimulus, and a bar over the symbol removal of an aversive stimulus (withdrawal refers to the elimination of the stimulus. distress). There are also controlling stimuli. Whereas the Coupled with reinforcement for criminal be- contingent stimuli occur after the response, the havior, however, is punishment. Society through controlling stimuli are present when the response its legal system attaches aversive consequences to occurs, and they control the occurrence or non- criminal behavior. A criminal act may lead to occurrence of the response. Stimuli in whose pres- reinforcement, but it also may lead to punishment. ence a response is reinforced or punished are called The theory of differential reinforcement states that Sd (S dee), whereas those stimuli in whose presence a criminal act occurs in an environment in which in a response is not reinforced or punished are called the past the actor has been reinforced for behaving S' (S delta). These are known as discriminative in this manner, and the aversive consequences stimuli. A telephone is answered only when it attached to the behavior have been of such a rings; the ring is an Sd for answering the telephone. nature that they do not control or prevent the A child is punished only when the mother is response. Criminal behavior is under the control of present. The mother is an Sd for punishment. reinforcing stimuli. An act of robbery produces Those stimuli which are in the environment but money; it also may produce being shot at by the which are not differentially related to the conse- victim or the police, being arrested, being im- quences are known as constant stimuli (SS). prisoned, etc. However, if the aversive conse- Variables which make a stimulus reinforcing or quences of the act control the behavior, then the punishing, such as satiation and deprivation, are behavior does not occur, e.g., if a thief regards the labeled V (variables). The diagram thus looks like consequences of his act as being shot or arrested, he this (5): will not steal in that particular situation. V-1i The theory assumes that (1) The reinforcing A quality of different stimuli differ for different actors Sd "-- R --> Sra depending on the past conditioning history of each; SS (2) some individuals have been reinforced for THEORY or DIFFERENTIL REIFoRcEmENT criminal behavior whereas other individuals have Criminal behavior is operant behavior; that is, not been; (3) some individuals have been punished it is maintained by the changes it produces on the for criminal behavior whereas other individuals environment. A criminal response can produce have not been; and (4) an individual will be money, a car, a radio, sex gratification, or the intermittently reinforced and/or punished for removal of an enemy. Most crimes are property criminal behavior, that is, he will not be reinforced C. R. JEFFERY [Vol. 56 or punished every time he commits a criminal act. approval and group membership? Sutherland's However, intermittent reinforcement will maintain theory assumes that the important variable is a response pattern, and a large part of our social social reinforcement, and his theory ignores the behavior is maintained on an intermittent schedule obvious fact that money, cars, and sex are in of reinforcement. For example, if one man steals themselves powerful reinforcers in our society.
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