Expected Changes Over the Next Fifty Years, Essay Example

The current criminal justice system is built upon theories of criminal causation such as the deterrence and rational choice theories, biological theories, psychological theories, social learning, social bonding and learning theories, labeling theories, conflict theories, Marxist and critical theories, feminist theories, social disorganization, anomie and strain theories and integrating criminological theories. “Each have the role of the x and y cause and effect relationship on one another. The research is empirically supported by some type of scientific data.” Further there is a core belief or set philosophy that explains how things should be and actually are within the scope of the spectrum. The theory is presented in a logical and consistent manner of which the stated prepositions do not contradict each other. “The x has to be present to produce the y. X tends to cause the y. It is a sufficient condition to state every time x is present y will happen. Theories attempt to explain how laws are made and how the criminal justice system operates as a whole. Theories suggest how things are and not how they ought to be.” (Eric, Akers, Sellers’, 1995).

The future of criminology will continue to feed upon the different theories of criminology with particular reference to the absolute deterrence theory which states “the amount of crime that has been prevented today is simply due to the fact that a formal system is in place so that an individual could be legally punished for committing a criminal act.” (Eric, Akers, Sellers’, 1995). With particular reference for youth offenders boot camps will be the center of attention for deterrence to crime because the program, though has failed in the past, is expected to take a new light in the upcoming years due to new funding and new controls and funding.

At the heart of both theories is classical criminology theory which suggests “a person is able to weigh the good and bad before they choose to commit a crime. The decision to commit a crime is therefore a rational choice which is best countered through deterrence based programs. Hence criminology and deterrence will go hand in hand well into the future to prevent crime in youth offenders as well as adult offenders. This in respect is not a new theory but an improvement of a theory which suggests a “way to make punishment for committing a crime more rational.” (“Classical Theory in Criminology”). This is an extension of the rational criminal theory. The death penalty arose out of this theory and would be dependent upon the nature of the crime and not the actual degree involved in committing the act. The ‘mens rea’ or guilty mind which is used to convict a person of a criminal act is based upon the classical theory because it is based upon the principle of acting under free will to commit the crime with a rational mind.

The deterrence theory will remain top priority in the future of America to prevent crime for “it is believed through a combination of the use of punishments that combine the right amount of certainty, severity and celerity we can clean up the streets of crime.” (Eric, Akers, Sellers’, 1995). Deterrence is the number one used theory in the United States of America and will continue to be for a long time to come. “The expected utility principle will most likely apply in the future because it gives rise to people acting in a manner to increase their benefits and reducing their losses.” (Eric, Akers, Sellers’, 1995). In reality, this ties in very close with the classical theory where people seek to increase pleasure and reduce their pain in life. This is also called the rational choice theory. “The human being is a rational actor, rationality involves a means and ends calculation, people freely choose behavior, the central element of calculation is pleasure v pain, there will be a social contract involved, the state is responsible for maintaining order for the good of the people and to make sure the laws are abided to in order to control human behavior.” (Keel, 2005). The future lies in making people fear the manifestations of the penalties of deviant behaviors. People must fear apprehension and punishment. That is the key to deterring crime in the future. Does that mean making stiffer penalties for crimes? What exactly are stiffer penalties? Control activities are a key deterrence factor. For example: publications for shoplifting and drunk driving by letting them know they will be prosecuted to the fullest extent of the law are a deterrent. We must focus on preventing future criminal behaviors rather than simply punishing crimes that have already been committed. We must look at the motives and rationales that lie behind the criminal behavior to deter them. Having mandatory arrests for certain crimes is a good deterrent. Keeping the death penalty and life time commitment for other crimes is another good deterrent for other crimes including the no-parole rule.

“Another fundamentally important factor to acknowledge when attempting to discern the meaning of crime, is that it never remains static and is forever changing (as well being geographical in that what is considered criminal in one country may not be in another), through developments in such areas as technology (continuously advancing and creating new avenues to be exploited – such as computer crime), social refining of outdated morals and values, as well as changes within the legal and political systems in effect (such as changes that took place in the Tasmanian legal structure during the 1988 concerning homosexuality and it’s standing in society). It should also be noted that crime is very much time based, in that “what was once criminal may not be today, and what wasn’t criminal yesterday, maybe today.” (Sycamnias, 2010).

References

Eric, S., Akers, R., Sellers’ C. (1995) Criminological Theories: Introduction, Evaluation and Applications Retrieved July 02, from, http://roxbury.net/images/pdfs/ct4ssg.pdf

Classical Theory in Criminology (2010) Retrieved August 02, from, http://www.lotsofessays.com/viewpaper/1705555.html

Keel, R. (2005) Rational Choice and Deterrence Theory Retrieved August 02, 2010 from, http://www.umsl.edu/~keelr/200/ratchoc.html

Sycamnias, E., The Discipline of Chemistry and its Chemistry for the Future Retrieved August 2, 2010 from, http://www.uplink.com.au/lawlibrary/Documents/Docs/Doc6.html