The Theory
Widely considered the oldest organized theories of criminological thought, the Classical School argues that humans are “hedonistic” beings that continuously attempting to maximize their pleasure while minimizing their pain. As a result, people commit crimes based of their own free will and to satisfy their own personal needs. According to the Classical School, people are fully aware of what they are doing and have rationally calculated that they can escape punishment, or the prospective punishment is endurable. Classical School theorists argue that deterrence is the best means to limit or prevent criminal behavior. Deterrence means making the punishment much more serious than the crime (as a way of scaring away potential criminals) but proportional enough to the crime so that its imposition not overly oppressive.
The Neo-classical School of criminological thought developed as a response to the Classical School. While agreeing with the central theme of the Classical School that people act of their own free will; Neo-Classical theorists argue that there are a range of circumstances such mental illness or immaturity that may cause an otherwise rational person acting in his own self-interest to act irrationally. Moreover, while Neo-classists also believed in the usefulness of deterrence in crime prevention, they also suggested that there should be mitigating punishments for those that are drawn to a life of crime such by circumstances other than their own free will such as if there are juveniles or mentally incapacitated.
If the cause of criminal behavior was proven to man’s free will (with certain mitigating circumstances), the following recommended upgrades to the criminal justice system would be useful in helping to reduce crime.
Recommendation 1: Therapeutic Courts
Therapeutic or problem-solving courts seek to address a person’s social and personal issues underlying or causing criminal behavior. Therapeutic courts are specialized courts focused on providing assistance to defendants that are: addicted to drugs/alcohol, suffering from mental illness or people due to emotional issues consistently find themselves being charged with non-serious crimes where a criminal penalty would be ineffective in stopping the underlying behavior. In therapeutic courts, treatment rather than imposing the punishments common to the traditional criminal dispute resolution process is considered the best way to stop criminal behavior in certain classes for people. To be sure, the focus of these courts is on providing a non-adversarial environment to resolve disputes and allow people to rehabilitate themselves. Therapeutic courts are typically staffed with a dedicated team of judges, prosecutors, defense attorneys, probation officers and support social workers with training and experience in working with the target clientele. Indeed, in therapeutic court programs, participating offenders are required to complete substance abuse programs or given punishments such as performing community service. Not only does this hold the offender accountable for his actions, but at the same time provides a concrete benefit to the community and a way for the offender to stop his criminal behavior.
Recommendation 2: Criminal Mediation Criminal mediation or victim-offender reconciliation offers crime victims the opportunity to meet with their offender in a nonviolent, protected and stable environment in order to resolve their dispute in a manner acceptable to both parties. Unlike customary theories of punishment, criminal mediation is based on restorative justice that argues: (1) simply punishing a person will necessarily satisfy the injury suffered by the victim and (2) there is no guarantee that punishment will be effective in changing the offender’s behavior. In criminal mediation, the crime victim is the central participant in the dispute resolution process and that the community is the most effective venue for solving disputes.
Recommendation 3: Juvenile Justice Reform
The goal and purpose of the juvenile justice system should to return to its future-oriented focus which focuses on rehabilitation and takes into account the important differences between children and adults. A more rehabilitative juvenile justice system will hold a juvenile offender accountable for his actions while at the same time helping them learn from their mistakes so that they can re-integrate into their community. This reform would help stop rising rates of child offender recidivism. It would also help juvenile offenders escape the shame of having been in the criminal justice system as well as give them other options for a positive adulthood rather than increased ability in criminality.
References
Barton, A.M., & Barton, C.A. (2011). Criminal Behavior: A Psychological Approach. Upper Saddle River, NJ: Pearson Prentice Hall.
Burke, R.H. (2001). An Introduction to Criminological Theory. Criminal Justice Review, 377-381.
Eysenck, H.J. & Gudjonsson, G.H. (1989). The Causes and Cures of Criminality. New York: Plenum.
