Crime theories have shaped the criminal justice system since 600. Rational choice theory greatly influenced the justice system from 1601 to 1828 when courts, corrections, and law enforcement began using reason to analyze and establish the relationship between human behavior and crime prevention. Enlightenment principles, including freedom, liberty, reason, the rule of law, and humanitarianism, motivated legal reforms during the era, eliminating harsh punishments, including corporal punishments and executions in the 1500s (360 Degrees). The theoretical perspective remains dominant in the modern justice system as a framework for application and research to reduce criminal activity. However, current theoretical application and research have shifted emphasis from free will and deterrence theories, beginning in the 19th century, to factors beyond the two perspectives. Notably, judges, law enforcement officers, and other practitioners in criminal justice practice emphasize biological, social, cultural, and other factors that crime theorists have confirmed or suggested as contributing forces to crime. For instance, the rational choice model is evident in current efforts to incorporate employment, family, and community in rehabilitation efforts. In the Overt Drug Market Strategy, the police gave criminals with records of minor criminal activities a second chance while involving a capable guardian or family member. Also, many judges have started using shaming strategies such as ordering public posting of offenders pictures, which are strongly based on the rational choice model. Correction facilities in some states, including Washington, New Jersey, Georgia, and North Carolina, use three-strikes laws in which a third striker gets life imprisonment without parole. The examples apply the rational choice frameworks, which assume that offenders will make rational choices not to commit future crimes because their actions would result in social disapproval, especially from loved ones and friends.
Conflict theorists believe that social and economic factors cause deviance. They also look at technology as a reinforcing factor to differential access to justice embodied in the digital era. The conflict perspective focuses on society’s conflicted, ever-changing nature, advocating for fast and far-reaching social changes such as social revolution to correct social inequalities. Radical criminology is a subset of conflict theory that demonstrates how society is divided along the lines of economic prosperity, with the affluent using criminal laws and punishments to oppress the working class and poor. Black males comprise 35% of the prison population despite making up only 13% of the total U.S population (Hinton et al., 2018). The disproportionately high number of racial and ethnic minorities in prisons and jails is a perfect example of a conflict perspective. On the other hand, the crimes that the wealthy and powerful commit remains under punished and costly problem in society.
Strain theory asserts that criminal behavior results from failure to achieve socially acceptable goals. It is based on the premise that social structures and values strain individuals, motivating them to engage in criminal activities when they cannot access socially acceptable means of attaining goals (Frank, 2004). This theory increases our understanding of the relationship between crime, technology, and social change. It predicts that crimes occur when a gap exists between cultural goals and legitimate opportunities for obtaining them. For instance, it establishes an association between the underprivileged and serious street crimes like armed robbery, which constitute a majority of crimes in a marginalized society. Also, the theory connects crime and technology in that innovative individuals pursue goals they cannot reach through legitimate channels instead of using deviant means.
Routine activities theory relates crimes to daily patterns of social interactions. Three elements, including a motivated offender, a suitable victim, and the absence of a capable guardian, must converge at a time and space for a crime to occur (Ministry of Children, Community and Social Services, 2022). This theory enhances understanding of the link between crime, technology, and social change by predicting how changes in economic and social conditions influence overall crime rates. For instance, advancements in communication technologies have opened more opportunities for crimes by allowing people to commit crimes from their homes with anonymity. Therefore, the growth of crime rates is attributed to the rising opportunities to offend.
Research methods are essential for obtaining information on individual or aggregate phenomena to study them objectively and test the applicability and effectiveness of correction philosophy and practice. The qualitative method is one of the two primary approaches to collecting data in the criminal justice system. It is a more holistic process that generates a broader form of meaning through a systematic approach to induction and deduction. Researchers record qualitative observations as verbal statements that describe particular processes and outcomes. Notably, qualitative methods produce answers to “why” and “how” things happen. Common techniques in this category include observations, notes, reviews, focus groups, interviews, and ethnography (AIU, 2012). On the other hand, quantitative observations are recorded in numerical form rather than descriptions. It focuses on the causal order of behaviors and events by telling “when,” “where,” and “how” rather than the substances of those events. Quantitative methods include controlled experiments and surveys.
Criminological research is essential in achieving equity and diversity in the criminal justice system by enhancing decision-making. A well-designed and implemented study helps criminal justice administrators, lawmakers, and practitioners to determine the impact and effectiveness of daily practices, policies, and programs. California lawmakers recently passed the Racial Justice Act, which makes it illegal for the state to pursue criminal convictions or sentences based on race. The legislation was inspired by several evaluations which have linked discriminatory decision-making in criminal justice to the historical oppression of black people.
References
360 Degrees. (n.d). Timeline. http://www.360degrees.org/
American InterContinental University (AIU). (2012). Qualitative Vs. Quantitative Research. https://www.aiuniv.edu/blog/2012/october/qualitative-vs-quantitative-research
Frank, S. (2004). Criminology Today–An Integrative Introduction.
Hinton, E., Henderson, L., & Reed, C. (2018). An unjust burden: The disparate treatment of black Americans in the criminal justice system. Vera Institute of Justice, 1-20. https://www.vera.org/downloads/publications/for-the-record-unjust-burden-racial-disparities.pdf
Ministry of Children, Community and Social Services. (2022). Review of the Roots of Youth Violence: Literature Reviews. https://www.children.gov.on.ca/htdocs/English/professionals/oyap/roots/volume5/chapter03_rational_choice.aspx
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