The Classical CHAPTER 3 School of Criminological Thought Wally Skalij/Los Angeles Times/Getty Images distribute or post, copy, not Do Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. Introduction LEARNING A 2009 report from the Death Penalty Information Center, citing a study OBJECTIVES based on FBI data and other national reports, showed that states with the death penalty have consistently higher murder rates than states without the death penalty.4 The report highlighted the fact that if the death penalty were As you read this chapter, acting as a deterrent, the gap between these two groups of states would be consider the following topics: expected to converge, or at least lessen over time. But that has not been the case. In fact, this disparity in murder rates has actually grown over the past • Identify the primitive two decades, with states allowing the death penalty having a 42% higher types of “theories” murder rate (as of 2007) compared with states that do not—up from only explaining why 4% in 1990. individuals committed violent and other Thus, it appears that in terms of deterrence theory, at least when it comes deviant acts for most to the death penalty, such potential punishment is not an effective deterrent. of human civilization. This chapter deals with the various issues and factors that go into offend- • Describe how the ers’ decision-making about committing crime. While many would likely Age of Enlightenment anticipate that potential murderers in states with the death penalty would be drastically altered the deterred from committing such offenses, this is clearly not the case, given theories for how and the findings of the study discussed above. This type of deterrence, or rather why individuals commit the lack thereof, regarding the death penalty and related issues makes up a crimes as well as how key portion of this chapter. distributeit changed criminal justice policies. This chapter examines explanations of criminal conduct that emphasize individuals’ ability to make decisions based on the potential consequencesor • Explain how Cesare of their behavior. The natural capability of human beings to make decisions Beccaria’s book in 1764 drastically influenced based on expected costs and benefits was acknowledged during the Age various criminal justice of Enlightenment in the 17th and 18th centuries. This understanding of systems throughout human capability led to what is considered the first rational theory of crimi- the world, and be able nal activity—namely, deterrence theory. Of any other perspective to date, to list the concepts deterrence theory has had the most profoundpost, impact on justice systems and propositions in our nation. Furthermore, it is easy to see examples in contemporary life recommended in his book. of offenders engaging in such rational decision-making, and a number of variations of this theoretical model have been developed that focus on the • Summarize what reasoning processes of people considering criminal acts. Jeremy Bentham contributed to this Such theories of human rationality stand in stark contrast to the theories movement toward the perpetuated for most of humancopy, civilization, up to the Age of Enlightenment— Classical School of theories that focused on religious or supernatural causes of crime. criminological thought. Additionally, the Classical School theories of crime are distinguished from the other theories we examine in future chapters by their emphasis on free • Explain what the will and rationalnot decision-making, which modern theories of crime tend to Neoclassical School of criminology ignore. Specifically, the theoretical perspectives discussed in this chapter contributed to the all focus on the human ability to choose one’s own behavior and destiny, propositions of the whereas paradigms popular before the Enlightenment and in contempo- Classical School Dorary times tend to emphasize the influence of external factors on individual that led most of choice. Therefore, the Classical School is perhaps the paradigm best suited the Western world for analysis of what types of calculations go on in someone’s head before (including the United States) to embrace committing a crime. this model as the major paradigm for the criminal justice system. Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. CASE STUDY DEBORAH JEANE PALFREY Deborah Jeane Palfrey, known as the “DC Madam,” was brought up on charges of racketeering and money launder- ing related to running a prostitution ring in Washington, DC, and surrounding suburbs in Maryland and Virginia. The clientele of this prostitution ring included some notable poli- ticians, such as state senators and other elected officials. Palfrey faced a maximum of 55 years in prison but likely would have received far less time had she not committed © AP Photo/Jacquelyn Martin suicide before her sentencing. Her body was found in a stor- age facility at her mother’s home in Tarpon Springs, Florida. Deborah Jeane Palfrey, known as the “D.C. Madam,” committed suicide before being sentenced. Her case News reports revealed that she had served time before reveals the potentially powerful effects of formal sanctions (for prostitution). Author Dan Moldea told Time magazine on individuals’ decision-making. that she had contacted him for a book he was working on and told him “she had done time once before . and On a related note, a special report from the U.S. it damned near killed her. She said there was enormous Department of Justice, Bureau of Justice Statistics, con- stress—it made her sick, she couldn’t take it, and she cludes that the suicide rate has been far higher among 1 wasn’t going to let that happen again.” The situation jail inmates than among prison inmates (see Figures 3.1 could have been worsened by the heightened media through 3.3).3 Specifically,distribute suicides in jails have tended attention this case received; while most prostitution cases over the past few decades to occur 300% (or three are handled by local or state courts, this one was handled times) more often than among prison inmates. by federal courts because it concerned Washington, DC. A likelyor reason for this phenomenon is that many It is quite likely that the impending maximum persons arrested and/or awaiting trial (which prison sentence led her to take her own life, is generally the status of those in jail) given what she had said to Moldea. This “SHE have more to lose, such as in their shows the type of deterrent effect relationships with family, friends, that jail or prison can have on an HAD DONE and employers, than do the individual—in this case, possibly TIME ONCE typical chronic offenders that leading her to choose death end up in prison. Specifically, over serving time. Ironically, BEFOREpost, . AND IT many of the individuals Palfrey had commented to DAMNED NEAR KILLED picked up for prostitu- the press, after the suicide tion and other relatively of a former employee in HER. SHE SAID THERE minor, albeit embarrass- her prostitution network— WAS ENORMOUS STRESS— ing, offenses are of the Brandy Britton, who hanged middle- and upper-class herself before going to trial— IT MADE HER SICK, SHE mentality and, thus, are ill- “I guess I’m made of some- COULDN’T TAKE IT, AND equipped to face the real- thing that Brandy Britton world consequences of wasn’t made of.”2 It seems copy, SHE WASN’T GOING TO their arrest. The good news that Palfrey had the same con- LET THAT HAPPEN is, this same Department of cerns as Britton, and she ended Justice report showed that up contradicting her bold state- AGAIN.” suicides in both jails and pris- ment when she ended her own life. ons have decreased during the not past few decades, likely due to better This case study provides an example policies in correctional settings regarding of the profound effects legal sanctions can persons considered at “high risk” for suicide. have on individuals. Legal sanctions are not meant to inspire offenders to end their lives, but this case does illustrate the potential deterrent effects of facing Do THINK ABOUT IT: punishment from the legal system. We can see this on a smaller scale when a speeding driver’s heart rate increases at the sight of a highway patrol or other police 1. Do you think that some of the clientele (e.g., notable vehicle (which studies show happens to most drivers). politicians) should have also been charged for a crim- Even though this offense would result in only a fine, it inal offense? is a good example of deterrence in our everyday lives. 2. Do you think it made a difference that this case was We will revisit the Palfrey case at the conclusion of this handled by federal courts rather than local or state chapter, after you have had a chance to review some of courts? the theoretical propositions and concepts that make up deterrence theory. 3. Do you think prostitution should be legal? Copyright ©2018 by SAGE Publications, Inc. This work may not be reproduced or distributed in any form or by any means without express written permission of the publisher. Chapter 3: The Classical School of Criminological Thought 61 FIGURE 3.1 Causes of Death in State Prisons and Local Jails, 2013 Illness 243 67 15 Suicide 46 7 Homicide 4 4 Intoxication 10 4 AIDS 3 3 Accident 4 1 Other/Unknown 3 0 50 100 150 200 250 300 Deaths per 100,000 Inmates distribute State Prison Inmates Local Jailor Inmates FIGURE 3.2 FIGURE 3.3 Suicide in State Prisons and Homicide in State Prisons and Local Jails post, Local Jails Suicides per 100,000 inmates Homicides per 100,000 inmates 140 60 120 50 100 40 80 Jails 30 60 Prisons 40 copy, 20 Prisons 20 10 Jails 0 0 1980 1985 1990 1995 2000 2005 2010 2015 1980 1985 1990 1995 2000 2005 2010 2015 Suicide was thenot leading cause of death in local jails in A third of homicides in state prisons in 2013 involved 2013 (34% of all jail deaths) and has been the leading prisoners age 45 or older between 2001 and 2013.