CCJS 100 - Criminological Theory - DUE SUNDAY
5: Criminological Theory
Learning Objectives
This section introduces the importance of theory and theory creation. It also briefly describes some of the major
paradigms of criminal explanations. After reading this section, students will be able to:
• Distinguish between classical, biological, psychological, and sociological explanations of criminal
behavior.
• Understand the links between crime control policy and theories of criminal behavior.
• Demonstrate effective application of criminological theories to behavior.
Critical Thinking Questions
1. How do we know what theories explain crime better than other theories?
2. How did the classical theory of crime influence the American criminal justice system?
3. Why is it difficult to study biological theories of crime without thinking about the social
environment?
4. Which theory do you think explains criminal behavior the best? Why?
5. Why do you think there have been so many different explanations to describe the origins of criminal
behavior?
157
5.1. What is Theory?
BRIAN FEDOREK
A theory is an explanation to make sense of our observations about the world. We test hypotheses and create theories that help us understand and explain the phenomena. According to Paternoster and Bachman (2001),
theories should attempt to portray the world accurately and must “fit the facts.” 1
Criminological theories
focus on explaining the causes of crime. They explain why some people commit a crime, identify risk factors
for committing a crime, and can focus on how and why certain laws are created and enforced. Sutherland
(1934) has referred to criminology as the scientific study of breaking the law, making the law, and society’s
reaction to those who break the law. 2
Besides making sense of our observations, theories also strive to make
predictions. If we understand why crime is happening, we can formulate policies or programs to minimize
it.
The building blocks of any theory are concepts. Crime, delinquency, and deviance are all concepts that
need to be defined. We seek to explain these concepts with other concepts. For example, some theories
may link crime with self-control. Self-control is another concept that needs to be defined. Once we define
“crime” and “self-control”, we need to measure them. Operationalization is the process of determining how
we will measure concepts, which are called variables. We could measure self-control in a number of different
ways. For example, we could test a person’s ability to resist temptation (The Marshmallow Test). Once we
test the relationship between two variables, we also need to make sure another variable is not affecting the
results. Spuriousness is when a third variable is causing the other two. We know that ice cream sales and
murder rates are positively correlated; when one goes up the other goes up. At first glance, someone may
claim that ice cream is causing people to kill. However, what do you think might be a better explanation?
Can you think of a third variable that might cause ice cream sales and murder rates to increase?
When we try to explain why crime occurs, we can look at it from many different perspectives. We can
create macro-level explanations and micro-level explanations. Macro-level explanations focus on group rate
differences. For example, why do some countries have more (or less) violent crime than others? Why do
young people commit more crime than older people? Why do males commit more crime than females?
Micro-level explanations center on differences among individuals. Macro-level explanations focus on societal
structures while micro-level explanations focus on processual differences.
1. Paternoster, R., & Bachman, R. (Eds.) (2001). Explaining criminals and crime: Essays in contemporary criminological theory. Oxford: Oxford University Press.
2. Sutherland, E.H. (1934). Principles of criminology (2nd ed.). Philadelphia, PA: Lippincott.
159
It’s “Just” a Theory Exercise
Many laypeople will give their opinions on the relationship between phenomenon based on their hunches or
observations; these are not theories. A theory explains and interprets the facts. A proper scientific theory must be
falsifiable. Criminologists who create theories test their hypotheses. Many times the theorist will modify his or her
theory based on the research. Upon more investigation, those theories that have yet to be falsified become accepted
as a valid description between the phenomenon.
Darwin’s theory of evolution has yet to be falsified. There are numerous unanswered questions, but as time goes
by, scientists are discovering more and more evidence to support the theory.
When I was an undergraduate student, I majored in Psychology; I thought I was in control of everything about
me. However, when I took my first criminology class, I realized the social environment also had an impact on who
I was becoming. For example, I did not choose my parents, their income, how many siblings I had, or where I lived.
Each of those had an impact on who I was and who I became friends with in my childhood. Most of my childhood
friends, who are still my friends, may have been based solely on how far away they lived from my parents instead
of their character, interests, or personality. What do you think?
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
160
5.2. What Makes a Good Theory?
BRIAN FEDOREK
Numerous criminological theories attempt to explain why people commit a crime. What makes one better
than another? How do we judge theories against each other? The natural and physical sciences mostly agree
on the knowledge of their disciplines. However, criminology is interdisciplinary, and many criminologists
may not agree on what causes criminal behavior. For instance, Cooper, Walsh, and Ellis (2010) have looked
at the political ideology of criminologists and their preferred or favored theories. Even one’s political leanings
can influence a person’s set of beliefs about the causes of crime. 1
We must apply the scientific criteria to test our theories. Akers and Sellers (2013) have established a set of
criteria to judge criminological theories: logical consistency, scope, parsimony, testability, empirical validity,
and usefulness. 2
Logical consistency is the basic building block of any theory. It refers to a theory’s ability
to “make sense”. Is it logical? Is it internally consistent? A theory’s scope refers to its range, or ranges, of
explanations. Does it explain crimes committed by males AND females? Does it explain ALL crimes or just
property crime? Does it explain the crime committed by ALL ages or just juveniles? Better theories will have
a wider scope or a larger range of explanation.
A parsimonious theory is concise, elegant, and simple. There are not too many constructs or hypotheses.
Simply put, parsimony refers to a theory’s “simplicity”. A good scientific theory needs to be testable too. It
must be open to possible falsification. “Every genuine test of a theory is an attempt to falsify it or to refute it. Testability is falsifiability; but there are degrees of testability: some theories are more testable, more exposed
to refutation than others; they take, as it were, greater risks…One can sum up all this by saying that the criterion of the scientific status of a theory is its falsifiability, or refutability, or testability” (Popper, 1965, pp. 36-37). 3
After many tests and different approaches to research, those theories supported by evidence have empirical
validity. Thus, according to Gibbs (1990), the verification or repudiation of a given theory through empirical
research is the most important principle to judge a theory. 4
Finally, all theories will suggest how to control, prevent, or reduce crime through policy or program. The
1. Cooper, J., Walsh, A., & Ellis, L. (2010). Is criminology ripe for a paradigm shift? Evidence from a survey of American criminologists. Journal of Criminal Justice Education, 2, 332-347.
2. Akers, R.L., & Sellers, C.S. (2013). Criminological theories: Introduction, evaluation, and application. New York: Oxford. 3. Popper, K.R. (1965). Conjectures and refutations: The growth of scientific knowledge. New York: Harper Torchbooks. 4. Gibbs, J.P. (1990). The notion of theory in sociology. National Journal of Sociology, 4, 129-159.
161
premise of a particular theory will guide policy-makers. For example, if a theory suggested that juveniles
learn how to commit crime through a network of delinquent peers, policymakers will try to identify
juveniles at-risk for joining delinquent subcultures.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
162
5.3. Pre-Classical Theory
BRIAN FEDOREK
Comte (1851) was interested in epistemology, or in other words, how humans obtain valid knowledge.
He claimed human being’s progression of knowledge went through three separate stages – theological,
metaphysical, and scientific. 1
The theological stage used supernatural or otherworldly powers to explain
behaviors, the metaphysical used rational and logical arguments, and the scientific used positivism and
scientific inquiry. During the middle ages, spiritual explanations assumed human beings broke laws or did
not conform to conventional norms of society because he or she possessed by demons, the devil, or he or
she was a wizard or witch. These explanations assumed God-given “natural law”; thus, crime was equivalent
to sin. Governments had the moral authority to punish criminals/sinners and the state was acting on behalf
of God. As a result, the accused person could “prove” their innocence by a trial by battle (only the victor
is innocent) or trial by ordeal (innocent party would be unharmed while the guilty party would feel pain).
As you can imagine, punishments and justice were arbitrary and severe, especially when feudal lords, with
God’s permission, determined guilt. A person’s rank, status, and or wealth determined their punishment,
rather than the merits of the case at hand.
1. Comte, A. (1877). System of positive polity (4th vol.). New York: Burt Franklin.
163
5.4. Classical School
BRIAN FEDOREK
During the Enlightenment, citizens and social thinkers began to question how they were ruled. In the
Leviathan (1651), Hobbes made a few assumptions about human beings. 1
He assumed humans were at
conflict with one another, pursued their self-interests, and were rational. Moreover, people would create
authority figures out of fear of others, and people should democratically create rules that all citizens must
follow. Hobbes wanted a new type of government, one that was ruled by the people and not by monarchs.
He believed people had natural rights such as life, liberty, and the pursuit of happiness. If we grant the
assumption that people are rational, we would assume people have the ability to consider the possible
consequences of their actions. Hobbes was one of the first social contract thinkers. Social contract thinkers
believed people would invest in the laws of their society if, and only if, they know government protected
them from those who break the law. People will give up a little of their self-interests as long as everyone
reciprocates.
Building on Hobbes and other social contract thinkers at the time, humans were assumed to have free will
and were rational beings. We can choose one action over another based on perceived benefits and possible
consequences. Moreover, human beings are hedonistic. Hedonism is the assumption that people will see maximum pleasure and avoid pain (punishment). Consequently, if we grant the assumptions of classical
theory, we can hold people 100% responsible for their actions because it was a choice. These assumptions
have been the basis for the American criminal justice system since its inception. Although theories may
have changed the landscape of understanding criminal behavior and may have changed the philosophies of
punishments over time, the criminal justice system has maintained the assumption that crime is a choice.
Hence, we can hold offenders 100% responsible for their actions.
Cesare Beccaria (1738-1794) was an Italian mathematician and economist. He was shocked by the unfair
treatment of the accused. In protest, he anonymously wrote An Essay on Crimes and Punishment (1764), which attacked Europe’s use of harsh treatment.
2 Ideally, he wanted to change the excessive and cruel
punishment by applying rationalistic, social contract ideas. At the time, judges had tremendous power to
determine guilt and create laws based on their decisions. Intellectuals well received his essay at the time, but
the Catholic Church banned it. His ideas were exceptionally radical at the time, mainly because his writing
questioned the power structures at the time.
1. Hobbes, T. (1651/1968). Leviathan. Baltimore, MD: Penguin Books. 2. Beccaria, C. (1963). On crimes and punishments (H. Paolucci, Trans.). Indianapolis, IN: Bobbs-Merril. (Original work published in 1764)
164
Cesare Bonesana di Beccaria (1738-1794)
Beccaria laid out his ideas about legal reform including how and why to create effective punishments.
His Essay was highly influential during the Enlightenment, and it may have served as a model during the creation of the American Criminal Justice system. For example, Beccaria advocated that punishments should
fit the crime and be proportional to the harm done, laws should only be determined by the legislature, judges
should only determine guilt, and every person should be treated equally under the law. He claimed the sole
purpose of the law was to deter people from committing the crime. Deterrence can be accomplished if the
punishment is certain, swift, and severe. These may seem like common sense today, but they were considered
radical ideas at the time.
Jeremy Bentham (1748-1832) was an English philosopher and regarded as a founder of utilitarianism,
Introduction to the American Criminal Justice System
165
which is the belief that decisions are considered right or wrong depending on their effect. He believed a
person’s expectation of the future was most predictive for deterrence. Therefore, the utility of punishment
should be severe enough to deter people from crime. Punishment would promote happiness throughout
society by maximizing social benefits. He helped popularize classical theory throughout Europe. 3
Jeremy Bentham (1748-1832)
3. Bentham, J. (1823). Introduction to the principles of morals and legislation. Oxford, UK: Oxford University Press.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
166
5.5. Neoclassical
BRIAN FEDOREK
Modern deterrence theory is perhaps the most dominant philosophy of the American criminal justice system.
Deterrence theory tries to change a person’s behavior through laws and punishments. As a form of social
control, there is a belief that perceived punishments will serve as a warning of possible consequences, which
would hopefully deter the person from committing the crime. There are two types of deterrence: general
deterrence and specific deterrence. General deterrence uses punishment to deter crime among people in the
general population. It uses punishment as an example for those people not punished. For example, capital
punishment can serve as an example to other would-be offenders if they were thinking about murder.
Specific deterrence uses punishment to reduce the crime of particular persons. The effect of the punishment
depends on the nature of the punishment and who is punished.
News Box. In 1994, Oregon voters passed Measure 11, whcih established mandatory minimum sentencing for several serious crimes. Besides removing the judge’s ability to give a lesser sentence, Measure
11 prohibited prisoners from reducing their sentence through good behavior. Additionally, any defendant
15 years old or older who was accused of a Measure 11 offense was automatically tried as an adult. Recently,
the Oregon Justice Resource Center reported the effects of Measure 11 on juveniles, esepcially minorities.
Below are links to the news article and the report itself.
The Oregonian – “New Report Calls Measure 11 Sentences for Juveniles ‘Harsh and Costly'”
Oregon Justice Resource Center’s Report
Measure 11 Exercise
After reading the above box and hyperlinks, please explain why many juveniles are not deterred from committing
serious crimes in Oregon.
167
Classical ideology was the dominant paradigm for over a century, but it was eventually replaced by positivist
approaches that seek to identify causes of criminal behavior. However, classical ideology had a resurgence
during the 1970s in the United States. Neoclassical theory recognizes people experience punishments
differently, and a person’s environment, psychology, and other conditions can contribute to crime as well.
Therefore, crime is a choice based on context. Many crime-prevention efforts used classical and neoclassical
premises to focus on “what works” in preventing crime instead of focusing on why people commit criminal
acts.
Cornish and Clarke (1986) proposed a Rational Choice Theory to explain criminals’ behavior. 1
They
claimed offenders rationally calculate costs and benefits before committing crime and assumed people want
to maximize pleasure and minimize pain. The theory does not explain motivation, but instead, it expects
some people will always commit a crime when given the opportunity. They do not assume offenders
are entirely rational, but they do have bounded rationality. Bounded rationality is the constraint of both
time and relevant information; offenders must make a decision in a timely fashion with the information at
hand. Offenders cannot wait forever nor can they wait for more information before committing a crime.
For example, if you were walking down a street and noticed an open window in a parked car, you may
contemplate looking in. If you saw something inside, you may then consider stealing it. An entirely rational
person may look around to see if there are any witnesses, try to determine if the owner is coming back soon,
and so on. Ideally, you may wait until nightfall. However, you may miss your opportunity. Thus, you need
to make a quick decision with the relevant facts at that time.
That was an example of a “crime-specific” model. All crimes have different techniques and opportunities.
Additionally, they assume all crime is purposeful with the intention to benefit the offender. To dissuade
offenders, Rational Choice Theory emphasized the significance of informal sanctions and moral costs.
The theory advocates for a situational crime prevention approach by reducing opportunities. Reducing
opportunities is much easier to manipulate and change compared to changing society, culture, or individuals.
Ultimately, situational crime prevention strategies try to crime a less attractive choice.
Another neoclassical theory is Routine Activity Theory. Cohen and Felson (1979) claimed changes in the
modern world have provided more opportunities for offenders. 2
Since the conclusion of World War II, more
people have entered the workforce, and more people spend time away from home. Cohen and Felson stated
that three things must converge in time in space for a crime to be committed – a motivated offender, a
suitable target, and the absence of a capable guardian.
1. Cornish, D.B., & Clarke, R.V. (1986). Crime as a rational choice. In R.V. Clarke and D.B. Cornish, The reasoning criminal. New York, NY: Springer-Verlag.
2. Cohen, L.E., & Felson, M. (1979). Social change and crime rate trends: A routine activiity approach. American Sociological Review, 44, 588-608.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
168
The motivated offender is considered to be a given as there will always be people who will seize
opportunities to commit criminal offenses. Besides, there a variety of theories to explain why people commit
a crime. Suitable targets can be vacant houses, parked cars, a person, or any item. In reality, almost anything
can be a suitable target. Finally, the absence of a capable guardian facilitates the criminal event. What can
serve as a “capable” guardian? A plethora of people and things can serve as a guardian. For example, police
officers, security guards, a dog, being at home, increased lighting to allow other people to see, CCTV, alarm
systems, and deadbolt locks can each reduce opportunities by serving as a capable guardian. Routine activity
theory concentrates on the criminal event instead of the criminal offender.
Introduction to the American Criminal Justice System
169
5.6. Positivist Criminology
BRIAN FEDOREK
If criminal behavior were merely a choice, the crime rates would more likely be evenly spread. However,
when European researchers started to calculate crime rates in the 19th century, some places consistently
had more crime from year to year. These results would indicate criminal behavior must be influenced by
something other than choice and crime, and must be correlated with other factors.
Positivism is the use of empirical evidence through scientific inquiry to improve society. Ultimately, positivist criminology sought to identify other causes of criminal behavior beyond choice. The basic
premises of positivism are measurement, objectivity, and causality. 1
Early positivist theories speculated that
there were criminals and non-criminals. Thus, we have to identify what causes criminals.
Charles Darwin wrote On the Origin of Species (1859), which outlined his observations of natural selection. 2
A few years later, he applied his observations to humans in Descent of Man (1871), whereby he claimed that some people might be evolutionary reversions to an early stage of man.
3 Although he never wrote about
criminal behavior, others borrowed Darwin’s ideas and applied them to crime.
1. Hagan, F.E. (2018). Introduction to criminology: Theories, methods, and criminal behavior (9th ed.). Los Angeles, CA: Sage. 2. Darwin, C. (1859). On the origin of species by means of natural selection, or preservation of favoured races in the struggle for life. London: John
Murray. 3. Darwin, C. (1871). The descent of man, and selection in relation to sex. London: John Murray.
170
Charles Darwin
Introduction to the American Criminal Justice System
171
Atavistic features
5.7. Biological and Psychological Positivism
BRIAN FEDOREK
Trait theories assume there are fundamental differences that differentiate criminals from non-criminals.
These differences can be discovered through scientific investigations. Additionally, many early biological
and psychological theories used hard determinism, which implies people with certain traits will be criminals.
Cesare Lombroso was a trained medical doctor in Italy when he had an epiphany. As he was performing
autopsies on Italian prisoners, he started to believe many of these men had different physical attributes
compared to law-abiding people and that these differences were biologically inherited. In 1876, five
years after Darwin’s claim about some humans might be evolutionary reversions, Lombroso wrote The Criminal Man.
1 Lombroso claimed 1/3 of all offenders were born criminals who were atavistic (evolutionary
throwbacks).
He identified a list of physical features he believed to
deviate from the “normal” population. These included an
asymmetrical face, monkey-like ears, large lips, receding
chin, twisted nose, long arms, skin wrinkles, and many
more. Lombroso believed he could identify criminals
simply by the way they physically looked. Even though
his theory was widely rejected years later, it served as an
example of the first attempt to explain criminal behavior
scientifically.
A few decades after Lombroso’s theory, Charles
Goring took Lombroso’s ideas about physical differences
and added mental deficiencies too. In The English Convict, Goring claimed there were statistical differences in
physical attributes and mental defects. The focus on mental qualities led to a new kind of biological
positivism – the Intelligence Era. Alfred Binet, who created the Intelligence Quotient Test, believed
intelligence was dynamic and could change. He wanted to identify youths who were not performing well
1. Lombroso, C. (1876). The criminal man.
172
in school. Unfortunately, H.H. Goddard, like many Americans at the time, believed intelligence was innate
and static. That is, intelligence was fixed and could not change. Goddard gave IQ tests to sort people and
those who scored too low were institutionalized, deported, or sterilized. He was an early advocate to sterilize
those who were mentally deficient, especially “morons,” who were just smart enough to blend in with the
normal population. In 1927, the United States Supreme Court in Buck v. Bell allowed the use of sterilization. Even after Lombroso, Goring, and Goddard, contemporary research reveals intelligence is at least as
critical as race and social class for predicting delinquency (Hirschi & Hindelang, 1977). 2
However, how
we measure intelligence and how we define intelligence are based on our preconceived assumptions of
intelligence. For example, is intelligence inherited? Is it related to the dominant culture? Or is it based more
on the person’s environment? Each has a least some element of truth.
Modern biological theorists have revealed that biology plays a role in our behavior, but we cannot say
how much or even how so. Twin studies and adoption studies examined the nature versus nurture debate.
Both play a role in our behavior. It is more nature and nurture. Perhaps the question ought to be “how do
our biological differences interact with our sociological differences?” There is not a crime gene per se, but
some genetic variations are correlated with anti-social behaviors. However, those with genetic variations are
not necessarily criminal because of genetics. Though it puts the individual at risk for such behaviors, a caring
and supportive environment often mitigates the impact of the genetic code.
Proximate causes, such as neurotransmitters, hormones, the central nervous system, and the autonomic
nervous system, have links to aggressive behavior too. However, many of these explanations have several
possible causal paths. For example, we know people with higher testosterone levels engage in more
aggressive behavior, but when people engage in aggressive behavior, their testosterone levels increase. We
do not know which causes which.
What about criminal personalities? What about sociopaths and psychopaths? The Gluecks (1950)
determined there was no real criminal personality; instead, there are some interrelated personality
characteristics that were clustered together. 3
Even after giving personality tests to criminals and non-
criminals, there does not seem to be any logical relevance to understanding the causes of crime. However,
there have been correlations between certain personality traits and criminal behavior. For example,
impulsivity, lack of self-control, inability to learn from punishment, and low empathy have all been linked
to criminal behaviors.
Consequently, none of these personality characteristics are criminal in and of themselves. The real danger
is when a person has many of these personality characteristics. Capsi et al. (1994) found that constraint
and negative emotionality, two super traits that contain a number of different characteristics, were “robust
correlates of delinquency” (p. 185). 4
In summary, researchers have been able to say that our biology and personality play a role in criminal
behaviors, but we cannot say how much or to what degree. The characteristics of our social environment
interact with our biology and personality. Human behavior is quite complex and it is difficult to determine
the true causality of human actions.
2. Hirschi, T., & Hindelang, M.J. (1977). Intellegence and delinquency: A revisionist review. American Sociological Review, 42, 572-587. 3. Glueck, S., & Glueck, E. (1950). Unraveling juvenile delinquency. Cambridge, MA: Harvard University Press. 4. Capsi, A., Moffitt, T.E., Silva, P.A., Stouthamer-Loeber, M., Krueger, R.F., & Schmutte, P.S. (1994). Personality and crime: Are some
people crime prone? Replications of the personality-crime relationship acrass countries, genders, races, and methods. Criminology, 32(2).
Introduction to the American Criminal Justice System
173
5.8. The Chicago School
BRIAN FEDOREK
Biological and psychological positivism looked at differences between criminals and non-criminals. Instead
of finding differences between kinds of people, the Chicago School tried to detect differences between kinds
of places. During the 1920-1930s, the University of Chicago was the vanguard for human ecology, which
is the study of the relationship between humans and their environment. Robert Park (1925) viewed cities as
“super-organisms,” comparing the city-human relationship to the natural ecosystems of plants and animals
that share habitats. Furthermore, Burgess (1925) proposed concentric zone theory, which explained how
cities grow – from the central business district outwards. 1
Concentric Zones
Shaw and McKay (1942), who were both former students of Burgess, began to plot the addresses
of juvenile court-referred male youths. They noticed many of the addresses were located in the zone
in transition. 2
Upon further investigation, Shaw and McKay noticed three qualitative differences in the
transitional zone compared to other zones. First, the physical status included the invasion of industry and the
largest number of condemned buildings. When many buildings are in disrepair, population levels decrease.
1. Burgess, E.W. (1925). The growth of the city. In R.E.Park, E.W. Burgess, and R.D.McKenzie, Jr., The city. Chicago, IL: University of Chicago Press.
2. Shaw, C.R., & McKay, H.D. (1942). Juvenile delinquency and urban areas. Chicago, IL: University of Chicago Press.
174
Second, the population composition was also different. The zone in transition had higher concentrations
of foreign-born and African-American heads of families. It also had a transient population. Third, the
transitional zone had socioeconomic differences with the highest rates of welfare, lowest median rent, the
lowest percentage of family-owned houses. Interrelated, the zone also had the highest rates of infant deaths,
tuberculosis, and mental illness.
Shaw and McKay believed the zone in transition led to social disorganization. Social disorganization is the inability of social institutions to control an individual’s behavior. Since the zone in transition had people
moving in and moving out at such high rates, social institutions (like family, school, religion, government,
economy) and members could no longer agree on essential norms and values. As earlier stated, many
residents were foreign. Thus, speaking different languages and having different religious beliefs may have
prevented neighbors from talking to one another and solidifying community bonds. Overall, Shaw and
McKay were two of the first theorists to put forth the premise that community characteristics matter when
discussing criminal behavior.
Introduction to the American Criminal Justice System
175
5.9. Strain Theories
BRIAN FEDOREK
Strain theories assume people will commit crime because of strain, stress, or pressure. Depending on the version of strain theory, strain can come from a variety of origins. Strain theories also assume that human
beings are naturally good; bad things happen, which “push” people into criminal activity.
Emile Durkheim viewed economic or social inequality as natural and inevitable. Furthermore, inequality
and crime were not correlated unless there was also a breakdown of social norms. According to Durkheim,
when there is rapid social change (like moving from an agrarian society to an industrial society) social
norms breakdown. There is too much too fast, and society needs to reevaluate normative behaviors. He
referred to the decline of social norms, or “normlessness,” as “anomie.” Moreover, social forces have a role
in dictating human thought and behaviors. He thought anomie was an inability of societies to control
or regulate individuals’ appetites. Although Durkheim was interested in looking at how societies change,
other researchers adapted his idea of anomie. In the previous section, Shaw and McKay retained the spirit
of Durkheim’s anomie but focused on neighborhoods instead of societies at large. Robert K. Merton also
utilized Durkheimian anomie.
Merton (1938) thought many human appetites originated in the culture of American society rather than
naturally. 1
Moreover, the “social structure” of American society restricts some citizens from attaining it.
Most, if not all, Americans know of the “American Dream.” No matter how you conceptualize the dream,
most people would define the American dream as achieving economic success in some form. The culturally
approved method of obtaining the American dream is through hard work, innovation, and education.
However, some people and groups are not given the same opportunities to achieve the cultural goal. When
there is a disjunction between the goals of a society and the appropriate means to achieve that goal, a person
may feel pressure or strain. Everyone is aware of the definition and promotion of the American dream. When
someone does not achieve this goal, he or she may feel strain or pressure. A person could be rejected or
blocked from achieving a cultural goal. Merton claimed there were five personality adaptations between the
goals of a society and the means to achieve them.
1. Merton, R.K. (1938). Social structure and anomie. American Sociological Review, 3.
176
Personality Adaptation Cultural Goals Institutionalized Means
I. Conformity + +
II. Innovation + –
III. Ritualism – +
IV. Retreatism – –
V. Rebellion + / – + / –
Conformists are the most common adaptation. Without it, societal norms and values would undermine the
cultural goals. Conformists accept the goals and legitimate means to achieve the goal. Innovators accept the
goal, but they reject the means or have their means blocked. Thus, they innovate ways to meet society’s
goal. Ritualists conform to the predominant means of achieving wealth and success through hard work, but
they may be blocked from achieving success, or they drop the social goal. For example, some people work
hard for the sake of working hard. They want their children to see the significance of work ethic above all
else, including monetary achievement. Retreatists do not share the shared values of society. Thus, they adjust
by dropping out of conventional society. Drug addicts, alcoholics, and vagrants are just some examples who
select this adjustment. Finally, rebels reject the current goals and means of society, but they want to replace
them with new goals and standards. They seek to establish a new social order.
Even though Merton’s theory could explain any strain, he emphasized economic strains. Cohen (1955)
claimed stress could come from a lack of status. 2
Cohen wanted to know why most juvenile crimes occurred
in groups. He explained that many youths, especially those in lower class families, rejected education and
other middle-class values. Instead, many teenagers would seek status and self-worth as a new value system.
When teens have no status, reputation, or self-worth, it led to severe strain. To achieve status, youths commit
a crime to gain status among their peer group. Cloward and Ohlin (1960) claimed more serious delinquents
sought “fast cars, fancy clothes, and well dames” (p. 97). 3
Assuming youths had no legitimate opportunities
to improve their economic position, youths would join gangs to pursue illegitimate opportunities to
achieve financial success. Criminal gangs provided youths illicit opportunities to gain money, conflict gangs
permitted youths to vent their frustrations, and retreatist gangs were double failures; they had no legitimate
or illegitimate means to increase income.
The general strain theory, by Robert Agnew, claimed strains come from myriad sources. Agnew defined
strain as any event that a person would rather avoid. Three types of strains include the failure to achieve
a positively valued stimulus, the removal of a positively valued stimulus, and the confrontation of negative
stimuli. Examples include parental rejection, child abuse, bullying, loss of job, loss of a loved one,
discrimination, and criminal victimization. However, the characteristics of some strains are more likely to
lead to crime. When a person views a strain as high in magnitude and unjust, and the pressure promotes
criminal coping mechanism, people with minimal social control are more likely to commit a crime. Strains
lead to negative emotions such as anger, depression, and fear. Some people without prosocial coping
mechanisms may commit a crime to vent, which can create social control issues (trouble in school, parents,
2. Cohen, A.K. (1955). Delinquent boys: The culture of the gang. New York, NY: Free Press. 3. Cloward, R.A., & Ohlin, L. (1960). Delinquency and opportunity: A theory of delinquent gangs. Glencoe, IL: Free Press.
Introduction to the American Criminal Justice System
177
employers) as well as facilitate social learning (joining peers who also need to vent their frustration). Overall,
criminal behavior serves a purpose – to escape strain, stress, or pressure. 4
Coping Mechanism Example
Every one feels stress and each of us copes with stress, pressure, or shame differently. Shame can motivate us to
change for the better. For example, if you did poorly on an exam, you may start to study better. When you feel
stress, what do you do? When I ask students how they deal with stress, many go for a run or a walk, lift weights,
cry, talk, or eat ice cream. These are healthy (maybe not ice cream eating) and pro-social coping mechanism. When
I feel stress I write. Often, I write nasty emails and then delete them. Fortunately, I have never accidently sent one.
4. Agnew, R. (2006). Pressured into crime: An overview of general strain. New York, NY: Oxford University Press.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
178
5.10. Learning Theories
BRIAN FEDOREK
In the previous sections, strain theories focused on social structural conditions that contribute to people
experiencing strain, stress, or pressure. Strain theories explain how people can respond to these structures.
Learning theories compliment strain theories because learning theories focus on the content and process of
learning.
Early philosophers, like Aristotle, believed human beings learned through association. The thought implies
humans have a blank slate and our experiences build upon each other. It is through these experiences we
recognize patterns and linked phenomena. For example, ancient humans did not have the technological
advancements of global positioning satellites, which many people have on their phones. However, they used
other celestial bodies like the stars and moon to travel. When early humans looked to the heavens, people
began to recognize patterns in the stars. These patterns were consistent and enabled long-distance travel over
land and sea.
A few centuries later, Ivan Pavlov was studying the digestive system of dogs, when he noticed the dogs
started the digestive process before food was in sight. The dogs began to salivate when they heard the assistants’ footsteps. The dogs were associating the oncoming footsteps with the upcoming food. This type
of learning was called classical conditioning.
179
Classical Conditioning
The acquisition of this learned response occurred over time. The dogs’ salivary reflex was an
unconditioned response to the unconditioned stimuli (food). Pavlov wondered if he could get the dogs to
salivate with a neutral stimulus (i.e., a ringing bell). He would ring a bell then feed the dog. After a series
of these paired occasions, the dogs began to salivate at the sound of the bell alone. The salivation became a
conditioned response to a conditioned stimulus. The acquisition of this learned behavior (i.e., conditioned
response) will become extinct if the incentive is no longer associated. Human beings most certainly learn via
classical conditioning, but it is a passive and straightforward approach to learning. We may shudder when
we see flashing blue lights in our rearview mirror, salivate when food is cooking in the kitchen, or dance
when we hear our favorite song. We passively learned these paired events through our experiences. B.F. Skinner was also interested in learning and transformed modern psychology with operant
conditioning. Operant condition is active learning where organisms learn to behave based on reinforcements
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
180
and punishments. Using rats and pigeons, Skinner wanted animals to learn a simple task (i.e., pushing a bar
or key) through reinforcements. A reinforcement is any event that strengthens, or maximizes, a behavior.
We reinforce behaviors that we want to continue or increase. We can use positive reinforcement or negative
reinforcement. Positive is the addition of something desirable, and negative is the removal of something
unpleasant; they do not mean “good” or “bad.” For example, if we wanted to more people to wear seatbelts,
we would want to reinforce the behavior. A positive reinforcement may be praise or a reward for buckling
up. Newer model cars come equipped with seatbelt alarms. The will ring until you buckle up. Once you
buckle up, the sound stops. This is an example of negative reinforcement. Both examples reinforce the
behavior (wearing a seatbelt) but in different ways.
Consequently, if we want a behavior to stop or decrease, we punish that behavior. Punishments can also
be positive or negative. A positive punishment involves the presentation of something unpleasant whereas
negative punishment is punishment by removal. For example, a teenager breaks curfew and the parents
want their child to stop breaking curfew. The parents can punish the child in one of two ways. An example
of positive punishment would be scolding. A negative punishment would be removing the child’s driving
privileges. Both punishments seek to decrease the adolescent’s breaking curfew but in two different ways.
Punishment Exercise
How does the Criminal Justice System positively punish offenders? How does the Criminal Justice System
negatively punish? Give examples of both.
Edwin Sutherland (1947) was the first and created the most prominent statement of a micro-level learning
theory about criminal behavior. He first presented differential association theory in 1934, and his final
revision occurred in 1947. 1
His attempt tried to explain how age, sex, income, and social locations related
to the acquisition of criminal behaviors. Sutherland (1947) presented his theory as nine separate, but related
propositions, which were:
1. Criminal behavior is learned.
2. Criminal behavior is learned in interaction with other persons in a process of communication.
3. The principal part of the learning of criminal behavior occurs within intimate personal groups.
4. When criminal behavior is learned, the learning includes: a) techniques of committing the crime,
which are sometimes very complicated, sometimes very simple; b) the specific direction of the
motives, drives, rationalizations, and attitudes.
5. The specific directions of motives and drives are learned from definitions of the legal codes as
favorable or unfavorable. In some societies, an individual is surrounded by persons who invariably
define the legal codes as rules to be observed, while in others he is surrounded by a person whose
definitions are favorable to the violation of the legal codes.
6. A person becomes delinquent because of an excess of definitions favorable to violation of law over
definitions unfavorable to violation of the law. This is the principle of differential association.
1. Sutherland, E.H. (1947). Criminology (4th ed.). Philadelphia, PA: Lippincott.
Introduction to the American Criminal Justice System
181
7. Differential associations may vary in frequency, duration, priority, and intensity. This means that
associations with criminal behavior and also associations with anticriminal behavior vary in those
respects.
8. The process of learning criminal behavior by association with criminal and anti-criminal patterns
involves all of the mechanisms that are involved in any other learning.
9. While criminal behavior is an expression of general needs and values, it is not explained by those
general needs and values, since noncriminal behavior is an expression of the same needs and
values. 2
Sutherland describes the content of what is learned, but also the process of how it is learned. Ultimately,
he argued people give meaning to their situation; this meaning-making determined if they would obey
the law or break the law. Hence, this meaning-making explains how siblings, who grow up in the same
environment may differ in their behavior.
Ironically, Sutherland and B.F. Skinner were teaching at Indiana University during the late 1940s. For
some reason or another, Sutherland never used Skinner’s ideas of operant conditioning in his differential
association theory. However, Ronald Akers utilized both approaches in his “social learning” or “differential
reinforcement” theory. Akers’ theory comprised the four main concepts of differential association,
definitions, differential reinforcement, and imitation/modeling. He was interested in the process of how
criminal behavior is acquired, maintained, and modified through reinforcement in social situations and
nonsocial situations. Differential associations refer to the people one comes into contact with frequently.
These peers are the source of definitions that favor obeying the law or breaking it. It is the most important
source of social learning. According to Akers, definitions are the meaning a person attaches to his or her
behavior. Those meanings can be general (i.e., religious, moral, or ethical beliefs that remain consistent)
or specific (i.e., apply to a specific behavior like smoking or theft). Differential reinforcements refer to the
balance between anticipated rewards or punishment and the actual reward or punishment. For example, if a
juvenile vandalized a storefront, his or her friends praise may reinforce that behavior. If the juvenile sought
more praise, he or she might continue vandalizing more property (the peers’ reactionary praise positively
reinforced the behavior). The final concept was imitation/modeling. Akers argued that human beings could
learn by observing how other people are rewarded and punished. Thus, some people may imitate other
people’s behavior, especially if that behavior was rewarded or not punished. 3
Finally, there have been some theories that focus more on the content of what is learned. Residents
who may live in disadvantaged neighborhoods, like in the transitional zone, my “learn” different things.
Subcultural theories focus on the ideas of what is learned rather than the social conditions that foster these
ideas. Some groups may internalize values that are conducive to violence or justify criminal behavior. 4
In
other words, where we grow up may influence what we learn about crime, police, government, religion,
etc.
2. Sutherland, E.H. (1947). Criminology (4th ed.). Philadelphia, PA: Lippincott. 3. Akers, R.L. (1994). Criminological theories. Los Angeles, CA: Roxbury. 4. Anderson, E. (1999). Code of the street: Decency, violence, and the moral life of the inner city. New York, NY: W.W. Norton.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
182
5.11. Control Theories
BRIAN FEDOREK
Previously discussed theories asked why people commit crime. The methods used tried to identify the
driving forces behind a criminal’s behavior. For example, biological and psychological theories sought to
identify traits that determined criminality. Strain theories assumed people were good, but bad things happen,
which causes many to be pushed into criminal behaviors. Learning theories demonstrated the importance
of learning criminal attitudes to commit crimes. These attitudes, especially when reinforced, will prevail in
social situations. Control theories differ in their approach. Instead of assuming criminals have “something”
or experienced “something” that drives their criminal behavior, control theories ask why more people do not engage in illegal behavior. Control theories assume people are naturally selfish, and if left to their own
devices, will commit illegal and immoral acts. Control theories try to identify what types of “controls” a
person may have that stops them from becoming “uncontrollable.”
Early control theorists argued that there are multiple controls on individuals. Personal controls are
exercised through reflection and following pro-social normative behavior. Social controls originate in social
institutions like family, school, and religious conventions. Toby (1957) introduced the phrase “stakes in
conformity,” which is how much a person has to lose if he or she engages in criminal behavior. 1
The more
stakes in conformity a person has, the less likely they would be willing to commit crime. For example, a
married teacher with kids has quite a bit to lose if he or she decided to start selling drugs. If caught, he could
lose his job, get divorced, and possibly lose custody of his children. However, juveniles tend not to have
kids nor are they married. They may have a job, but indeed not a career. Since they have fewer stakes in
conformity, they would be much more likely to commit crime compared to the teacher.
Travis Hirschi is most associated with control theories. In 1969, he argued that all humans have the
propensity to commit crime, but those who have strong bonds and attachment to social groups like family
and school are less likely to commit crime. 2 Often known as social bond theory or social control theory,
Hirschi presented four elements of a social bond – attachment, commitment, involvement, and belief.
Attachment refers to affection we have towards others. If we have strong bonds, we are more likely to care
about their opinions, expectations, and support. Attachment involves an emotional connectedness to others,
especially parents, who provide indirect control.
1. Toby, J. (1957). Social disorganization and stake in conformity: Complementary factors in the predatory behavior of hoodlums. Journal of Criminal Law, Criminology and Police Science, 48, 12-17.
2. Hirschi, T. (1969). Causes of delinquency. Berkeley, CA: University of California Press.
183
Parenting Exericse
Parenting can be a challenging responsibility. Fare supposed suppose to teach children how to behave. Ideally,
parents have control over their children in many ways.
• What are ways parents have “direct” control over their children?
• What are ways parents have “indirect” control over their children?
Commitment refers to the rational component of the social bond. If we are committed to conformity, our
actions and decisions will mirror our commitment. People invest time, energy, and money into expected
behavior like school, sports, career development, or playing a musical instrument. These are examples
of Toby’s “stakes in conformity.” If people started committing a crime, they would risk losing these
investments. Involvement and commitment are related. Since our time and energy are limited, Hirschi
thought people who were involved in socially accepted activities would have little time to commit a crime.
The observational phrase “idle hands are the devil’s worship” fits this component. Belief was the final
component of the social bond. Hirschi claimed some juveniles are less likely to obey the law. Although
some control theorists believed juveniles are tied to the conventional moral order and “drift” in and out of
delinquency by neutralizing controls (Matza, 1964), Hirschi disagreed. 3
He believed people vary in their
beliefs about the rules of society. The essential element of the bond is an attachment. Eventually, Hirschi
moved away from his social bond theory into the general theory of crime.
Hirschi Exercise
Hirschi believed strong social bonds made people less likely to commit a crime. The components of a social bond
include attachment, commitment, involvement, and belief. Please describe each of the components of the social
bond and explain how each applies to your educational journey. How can you be attached, committed, involved,
and believe in higher education?
Gottfredson and Hirschi (1990) claimed their theory could explain all crime by all people. They argued the
lack of self-control was the primary cause of criminal behaviors. They claim most ordinary crimes require
few skills to commit and have an immediate payoff. 4
There is not any long-term planning or goal; crimes
are committed for immediate pleasure. Moreover, they claim, people who commit these ordinary crimes
tend to be impulsive, insensitive to the suffering of others, short-sighted, and adventuresome. If true, these
traits (low self-control) were established before the person started committing crimes and will continue to
manifest throughout a person’s life. The root cause of low self-control is ineffective parenting. If parents are
not attached to their child, supervise their child, recognize the child’s deviant behaviors, or discipline their
3. Matza, D. (1964). Delinquency and drift. New York, NY: John Wiley. 4. Gottfredson, M., & Hirschi, T. (1990). A general theory of crime. Stanford, CA: Stanford University Press.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
184
child, the child will develop low self-control. Gottfredson and Hirschi claim self-control, or the lack thereof,
is established by eight years old.
Control theories are vastly different from other criminological theories. They assume people are selfish
and would commit crimes if left to their own devices. However, socialization and effective child-rearing can
establish direct, indirect, personal, and social controls on people. These are all types of informal controls.
Introduction to the American Criminal Justice System
185
5.12. Other Criminological Theories
BRIAN FEDOREK
Social Reaction Theories Initially a response to popular theories at the time, social reaction theories change the focus. Instead of
focusing on the offender, social reaction theories concentrate on those people or institutions who label
offenders, react to offenders, and want to control offenders. Grounded in symbolic interaction, social
reaction theories emphasize how meanings are constructed. Words carry power and meaning. Thus, if
someone is labeled as a criminal, it carries a connotation by other people. How will others view him or her
with that label? How will society? People will act towards thing by the meanings attached. These meanings
can be culturally created through interactions with peers. Perhaps it is why some of us like to wear certain
name brand clothes or drive certain name brand vehicles. Those names have “meaning”; they can be cool,
reliable, etc. They have status and meaning.
Not everyone who commits a crime is caught. Additionally, not all those who are caught are labeled as
a criminal. Why? Labeling theories sought to explain this phenomenon. In general, labeling theorists point
to the social construction of crime, which varies over time and place. For instance, marijuana use is federally
prohibited, but more and more states are legalizing recreational use. The same behavior can be legal in
Oregon but illegal in New York.
Furthermore, labeling theorists emphasize the process of being labeled and treated as a criminal; it can have
deleterious effects. If a person is bombarded with a particular label, he or she may adopt that label. If a person
was told over and over again that he or she was funny, that person might try to be funnier. What if a person
were told over and over again he or she would amount to nothing? Perhaps, he or she would internalize that
label and become nothing since others expect that.
Braithwaite (1989) applied some of these ideas in his reintegrative shaming. Not all social reactions are
ruthless; in fact, some of them are beneficial. 1
Hence, it is the quality of social responses that is significant.
We shame individuals to show disapproval. According to Braithwaite, shaming can be reintegrative or
stigmatizing. Reintegrative shaming centers on forgiveness, love, and respect. Ideally, we want to reintegrate
the person back into the community by removing the label. However, in some societies, like the United
States, stigmatizing shaming reigns supreme. Stigmatizing shaming uses formal punishment, which degrades
a person’s bond to his or her community. It is counter-productive and tends to shun the offender. For
1. Braithwaite, J. (1989). Crime, shame and reintegration. New York, NY: Cambridge University Press.
186
example, in some states, convicted offenders are required to self-identify as a felon on job applications. Do
you think this helps their cause to reintegrate successfully into society? Perhaps not. Even though they may
have “served their time,” they are still labeled as a criminal and punished further. Stigmatizing shaming
propels people towards crime whereas reintegrative shaming seeks to correct the behavior through respect
and empathy. Critical Theories
Critical Theories Critical theories originated during the 1960-1970s in the United States. Immediately following World
War II, Americans expected the United States to thrive economically, culturally, and politically. Massive
political turmoil inside and outside of the country created a generation of scholars who became “critical”
of society and more “traditional” theories of crime. According to Cullen, Agnew, and Wilcox (2018),
critical theories share some five central themes. First, to understand crime, one must appreciate the fusion
between power and inequality. People with power, political and economic, have an enormous advantage
in society. 2
Second, crime is a political concept. Not all those who commit crime are caught, nor are those
who are caught punished. The poor are injured the most by the enforcement of laws, while the affluent (i.e.,
powerful) are treated leniently. Third, the criminal justice system and its agents serve the ruling class, the
capitalists. As Jeffrey Reiman’s (2004) book titled it, The Rich Get Richer and the Poor Get Prison. 3
Fourth, the
root cause of crime is capitalism because capitalism ignores the poor and their atrocious living conditions.
Capitalism demands profits and growth over values and ethically considerations. Perhaps this is why crimes
of the streets are punished more severely than crimes of the suites. Finally, critical theories believe the
solution to crime is a more equitable society, both politically and economically.
It is beyond the scope of this book to delve into all of the possible explanations of crime. Some theories
try to explain the differences between male offending and female offending through feminist theories of
crime. Other theories have integrated or combined concepts from other theories to create a newer model of
explanation. Why do you think people commit crime?
Gender and Crime Exercise
Write about how you were raised and how sex/gender roles were reinforced through school, family, culture,
etc. Do you think men/boys/males are more criminal because of their biology or because of cultural expectations
of men/boys/males versus women/girls/females? You should support your claims with personal, vicarious, or well-
known examples.
2. Cullen, F.T., Agnew, R., & Wilcox, P. (Eds). (2018). Criminological theory: Past to present (6th ed.). New York, NY: Oxford University Press.
3. Reiman, J. (2004). The rich get richer and the poor get prision: Ideology, class, and criminal justice. New York, NY: Pearson.
Introduction to the American Criminal Justice System
187