Rational Choice And Deterrence Theory Criminology Essay

Rational Choice And Deterrence Theory Criminology Essay Since Marchese Beccaria who, as one of the first mentioned that the real purpose of punishment is is no other than to prevent the criminal from doing further injury to society, and prevent others from committing the like offense (Baccaria 1764), many researchers as well as general community have begun to concentrate on the notion of personal choice when explaining what pushes offenders to commit crimes. Rational Choice Theory became one of the most popular concepts which support the deterrence philosophy. Although, the association between those two theories was welcomed by many, it also had its critiques and opponents. In this paper, I will explain how and to what degree, Rational Choice Theory supports the concept of deterrence. I will also discuss some of the contradictory theories and criminal behaviors that do not support Rational Choice Theory and state my opinion on consequences that this study may embrace on guilty mind concept which is, according to the criminal law, one of t he necessary elements of the crime. The concept of Rational Choice Theory is rooted in the analysis of human behavior that was established by Italian scholar named Marchese Beccaria. The main point of his examination describes the human being as a rational actor who calculates rationality using ends and means formula. According to Beccaria People (freely) choose all behavior, both conforming and deviant, based on their rational calculations, the central element of calculation involves a cost benefit analysis: Pleasure versus Pain, (Beccaria 1764). In his line of reasoning, Beccaria determined that in order to prevent the criminal or wrongdoing behavior, the form of punishment equivalent to the severity of crime committed should be implemented. The concept of punishing criminals in accordance to the crime they have committed in order not only to prevent the criminal from committing the similar act in the future(special deterrence), but also to warn the general public of the possible consequences of such behavior(general deterrence), became known as Deterrence Theory. In todays world of criminal justice, it is still seen as one of the most important aspect in the whole idea of punishment. Due to the failure of rehabilitative theories and major increase in crime rates in 1970s and 1980s, the concept of free, rational choice, based on the calculation of cost and benefits began to interest criminologist and researchers across the country. Examination of illegal decision making process began to be perceived as the key to understanding the real purpose of crime and what motivates it. During those years, Modern Rational Choice Theory emerged. Contemporary criminologist began to rely on the idea which claimed that threat of punishment tends to deter the individual from wrongdoing just as rewards tend to encourage pleasing behavior. Because of this new trend of thinking, many laws that increased mandatory sentences for numerous crimes, mainly those drug-related have been passed and executed. Did wide use of deterrence as the tool of discouraging people from committing crimes accomplished its initial goal? The answer is double sided. Violent crime rates began to indeed, drop i n mid-1990s as well as did drug offences. It was however, also due to changes in many other aspects like increase police recruitment across the country, good economic prosperity that discourages criminal behavior as well as change in mentality of people that had been subjects to violent behaviors. On the negative side, because of the fact that mandatory sentences for non-violent, drug related offences were increased significantly, the prison population also augmented significantly burdening the pockets of taxpayers. As this happened, more and more researchers began to criticize the method of punishment supported by Rational Choice Theory. Does fear of severe punishment really discourage criminals from committing crimes? Wasnt it only the philosophy of Rational Choice Theory of punishment that put the concept of deterrence in such an advantaged position in our criminal justice system and which still has such a massive impact on current crime control policy? Without any doubt, the strong connections between these two makes both theories stand out and seem very balanced and reasonable. However, as the frustration caused by some of the negative effects of their usage increased, contradictory theories began to emerge. Moreover, some criminal behaviors such as rapes and even in some cases, murders seem not to be positively affected by increased punishment as the form of deterrence for these crimes. Rational Choice Theory differs from many other criminal theories mainly because of its main principal that defines crime as a solely individual choice. The concept does not focus on other, crucial factors like individual traits, criminal associations and inner strains that may also play a huge role in pushing an individual to committing certain crimes. One of the most known models that oppose the Rational Choice Theory is Classical Theory introduced by Clarke and Cornish. Both authors agree that, while committing the crime, people are not perfectly rational and in some cases they are completely unreasonable. Moreover, they touch upon the costs and benefits of crime very broadly including only official and unperturbed permissions. According to their views, A range of factors influence and individuals estimates of costs and benefits of crime: self-control, moral beliefs, strains, emotional state, association with delinquent peers.(Clarke and Cornish, 1986). In addition, many researcher s have also found that the severity of punishment is far less important for potential criminal as oppose to certainty of that punishment. Some extreme opponents of Rational Choice Theory even believe that, People are not usually aware of certainty and severity of punishment for the area in which they live, therefore increasing certainty of punishment may reduce crime, but the effect will be short-lived and localized.(Class PPT). This opinion creates another argument which indeed questions and doubts the entire purpose of severe punishment as a successful method of deterrence and it is valid to a large extent. Besides the theoretical aspects that oppose the Rational Choice Theory, there are many practical ones that are against it as well. According to numerous scholars, individuals are much less likely to be affected by initial benefits of certain crime when they are intoxicated or mentally disturbed. Many people that commit crime are very low in self-control and often perceive the crime as simply not wrong. These individual however, are more likely to be discouraged from doing something illegal by the threat of punishment. Another study suggest that, the more severe the punishment is for a certain crime, the less likely it is for jury to execute a specific sentence; therefore it seems that as severity of the crime increases, certainty of harsh sentence decreases. If one would want to push the rational choice model to its extent, he or she may even argue that more severe and direct the punishment for the crime is in combination with negative experiences with law enforcement may actually increase the likelihood of subsequent crime. In todays world, where the access to illegal substances and alcohol is still fairly easy and domestic violent rates are still high, one could assume, without a big doubt, that offenders often commit crimes on an impulse, while intoxicated or under some emotional or mental pressure caused by, for example bad financial situation or difficult, inner family condition. What many call crime overload is certainly another problem. As crime rates increase, police forces are strained and the certainty of possible arrest decreases. As crime rates decline, police activity usually strengthens and certainty of arrest increases. The fundamental apparatus is what should be examined here. Does certainty of possible arrest daunts individual from committing a crime or does the small level of crime increase certainty? According to researchers like Marcus Felson, Stephan Pfohl and Alan Liska, some crimes and deviant behaviors, especially those considered capital offences like murder or rape with additional bodily harm are not affected by more severe punishment. The above mentioned scholars argue that capital punishment shows that anticipated, overall deterrent effect may not be present. As Pfohl claims, There appears to be little, if any, difference in rates of capital offenses between states which impose the death penalty and those that do not. In fact, an inverse correlation has been documented; when states abolish the death penalty a corresponding drop in capital crimes is reported (Pfohl, , 1994). Finally, issue regarding the effectiveness of deterrent policies and particularly the suitability of incapacitation and revenge bring up moral and official worries. How far do we really want to go in punishing criminals? Is incapacitation the most concrete use of common capitals? Looking at the widesp read understanding among criminologists that considers aging out as one of the most important elements of crime process, increasing mandatory sentences for all crimes that are believed to have been committed by perfectly rational individuals who have accurately weighted out all the costs and benefits of the crime they wished to commit, the incapacitation alone seems merely impractical. Without proper rehabilitation these individuals are very likely to commit these crimes again in the future. Great example of the modern use of punishment in accordance with Rational Choice Theory is present in the files from Atkins vs. Virginia Court Case that took place in the year 2000. Despite the fact that Atkins was diagnosed as mildly-retarded with a full IQ of 59, he was sentenced to death for committing crimes of armed robbery and murder. The case was particularly controversial because many believed that under 8th amendment which prohibits Cruel Punishment, Atkins shouldnt be sentenced to death but rather to long imprisonment. After the verdict was released, many scholars, lawyers and policy makers began to ask themselves what is the real role of 8th amendment after all? It seemed as in our country, pressure of public opinion and swiftness of prosecutors may push some cases above the supreme law of our land. I believe that the criminal research that evaluates the deterrence with the connection to the Rational Choice Theory may hold many consequences for one of the most important and valued standards in criminal law-mens rea, or in other words guilty mind. The main concept of guilty mind standard requires that a person cannot be convicted of a crime unless that person intended to commit that crime. Unfortunately, when looking at the case described above, I am wretched to admit that mens rea isnt always executed and respected. The study assessed in this paper, proves that a big portion of all crimes is committed by individuals that arent fully aware of their actions, as in the case when they are intoxicated or under tremendous mental strain. Moreover, many mentally disturbed and/or retarded criminals, even though conscious about the fact that they are taking part in criminal act, are often influenced by others who are often brains of entire process of wrongdoing. Atkins involvement in the murder for which he was sentenced to death is a great example of such situation. The measure of someones guilt is perhaps the most important factor in determining the appropriate sentence for crime that has been committed. How do we measure someones guilt? It is the moment that the principal of mens rea comes into play. Mens rea represents the amount of intend that an individual had while committing his offence. If we took Rational Choice Theory and traditional Mens rea concept and combine them together, we would get one of the most sophisticated and perfectly formulated theories that deal with understanding of criminal behavior. It could be written as follows, Since the criminal is a perfectly rational human being who, while committing the crime is fully aware of what he/she is doing and decides that benefits that will come from the crime outweigh the costs associated with punishment for this crime, than this person is guilty without the smallest doubt, intend is 100% in all the cases. As much as I would wish this theory was correct, it only reflects a utopian d ream in which all crimes and consequential punishments for them are perfectly clear and comprehensible. Reality however, is totally different and much more complex. To understand the importance of theories such as Rational Choice Theory one must often think outside the box. While the theory itself is quiet practical and compelling, without taking into consideration other aspects of crime and criminal behavior mentioned earlier in this paper, it becomes completely useless and invalid. It is because of the principal of mens rea that we need so many people in our courtrooms today, beginning with prosecutors, judges and jury, ending with psychologist, forensic scientists and psychiatrists in order to solve cases, especially those that involve murder. It is often very difficult to measure someones guilt and intend to commit such offence as murder looking solely on the crime itself and basing the explanation for it on Rational Choice Theory. Concurring with other critiques of the Rational Choice Theory I believe that the theory alone is quite misleading and all those who support it fully should consider studying it with comparison to mens rea or compare it to other counter theories like Classical Theory. If we want to respect principals of our criminal law which mens rea is a great example of, we should definitely stop the ongoing process of generalization and simplification of our legal norms and standards and apply and more ethical and just standards of practicing la w in our courtrooms.

Theory of Communication

Theories of communication A theory is a set of ideas that can be used to understand, explain and make predictions about something. Theories of communication provide ways of analysing communication between people and give care practitioners an insight into what works and why. Michael Argyle (1925–2002) was a social psychologist who researched and developed theories about human communication and interpersonal interaction. He focused on both verbal and non-verbal communication, carrying out experimental research to test and develop his theoretical ideas (see Argyle, 1967, 1969 and 1975).Argyle’s ‘communication cycle’ theory sets out to understand, explain and predict how communication occurs between people in one-to-one situations. In The Psychology of Interpersonal Behaviour (1967), Argyle proposed that communication is a skill that needs to be learnt and practised like any other skill. Argyle’s (1967) claim was that human communication is essentially a two-way process that involves people sending, receiving and responding to each other’s verbal and non-verbal messages.The receiver of the message keeps the communication going by responding to or by giving feedback to the original message. This process then repeats and builds into a communication cycle. Care practitioners need to have an understanding of group processes and patterns of group behaviour in order to interact and communicate well in the various group situations that they experience. Understanding how groups form and then develop is an important part of this. Bruce Tuck man (1965) outlined a model of group development based around a number of stages, or a sequence, of group activity.Tuck man’s (1965) theory suggests that groups must go through these stages to be effective and that the pattern of communication in each of the four stages is different 1. Forming involves group members coming together and asking basic questions about the purpose and aims of t he group, each member’s role within it and commitment to it. In this first stage of group development, members tend to feel quite anxious, often prioritise their own interests and may feel ‘disorientated’ in their interactions with others. A leader usually emerges in this early stage. . Storming, the second stage, is a period of conflict within the group. Members may argue over the purpose of the group, may contest its aims and sometimes resist the authority and role of the leader. In this stage, power and control are the main issues. Eventually, the purpose of the group and the roles within it become clearer as power and control battles are won and lost. Without tolerance and patience at this stage, the team will fail. Co-operation between members should begin to develop towards the end of this phase. . Norming is the stage when the group’s identity develops. A strong set of shared values, norms of behaviour and a group ‘culture’ emerge. The group arrives at one goal and agrees a shared plan to achieve it. The group becomes more cohesive and group members tend to work together to resolve conflicts. 4. Performing is the stage when the group finally matures and gets down to working effectively. Members tend to focus more on the overall goal rather than on relationships between themselves.Relationships have, by this stage, become more comfortable and are based on trust and mutual support. Reflect A group may or may not reach the performing stage: effective, high performing teams do but other less effective groups may get stuck at one of the earlier stages, particularly if they are unable to resolve the challenges or crises associated with that stage of group development. Effective communication within a group situation is a key influence on whether a group reaches the performing stag Theory of Communication Case Study Theory of Communication Introduction to Communication Good communication and interpersonal skills are vital for success in business. The ability to communicate clearly and persuasively is often seen as the key characteristic of the effective manager or administrator. High level communication skills are also essential in specialised functions, such as marketing, human resource management, public relations and secretarial. Communication is the means by which individual employees convey their wants, ideas and feelings to others,( not only managers or specialists). Process of Communication ContextMedium/Channel Message Feedback Noise Communication can be defined as the process by which, ideas, information, opinions, attitude, and feeling are conveyed from one person to another. The communicator or sender is the person who initiates the conversation by sending a message. The receiver is the person who receives the messages and completes the communication by responding to it. Mo st communication is two way and has to have both a sender and receiver, either face to face or by other means such as telephone, letters, e-mails etc. Body language also plays a big part in communication. Sender EncodingReceiver Decoding Communication codes * Written language * Spoken language * Dress * Body language * Pictures, photographs and graphic illustrations. * Sign language, Braille. * Numbers * Computer language Communication Medium The medium is the means used to transmit the message. Media can be categorised into five headings; written, oral, visual, electronic and mass. Written media can provide a written record, can relay complex information, can be carefully thought out and mistakes can be edited. It takes time to produce and is more impersonal than speech. * Letter * Report * Memo * Press Release * Company magazine Advertising leaflet Oral media is more direct and personal, feedback is immediate. Oral media can be supported by body language. But there may be no recor d of what is said and if you say something you don’t mean you cannot take it back. * Conversation face to face or telephone * Interview * Meeting * Presentation * Oral briefing Visual media can have an immediate impact, it can support verbal presentations. * Nonverbal * Diagrams * Charts * Photographs * Models Electronic media provides fast communication over long distance, can carry both verbal and visual information. * Video * Telephone * E-mail * InternetMass media is an important source of information; it can reach a large number of people and can be used for advertising. * Television * Radio * Press * Film Channels of Communication The channel is the air that carries sound waves between speaker and listener such as: * Television channels * Radio * Postal system * Computer networks * Courier services * Telephone Barriers to Communication Effective communication is difficult and mistakes are often made. We see this in everyday life, we complain when someone doesn’t respond to our messages in the way we expect, they do not understand what we really meant to say.In business, difficulties with communication can cause disruption. Good business opportunities can be lost or disastrous management decisions made. A serious breakdown in communication can put the very future of a company at risk. Communication errors can never be completely eliminated. Nevertheless, we are likely to be more successful communicators if we are aware of the factors that cause communication to fail. Some obstacles stand in the way of communication and some of these can be avoided or overcome. Physical Barriers Among these barriers are poor hearing or eyesight, illness, tiredness, or stress.Other barriers can be, distractions such as an office that is too warm or too cold, uncomfortable seating, poor telephone connection or the noise of traffic heard from outside. If a person has a medical problem this may be sorted by a visit to a doctor. If the office is too hot or too col d the thermostat may be altered and maybe closing the window would help to block out the noise. Language Barriers To convey a message correctly it should be written clearly in a language that the receiver will understand. Mistakes in spelling can harm communication.Sometimes local jargon can disrupt good communication; it may be acceptable in a specialised trade or profession. Slang or local accents may be difficult for outsiders to understand. Nonverbal Barriers Facial expression, posture and eye movement all reveal our feelings and attitudes to the receiver. When there is conflict between a verbal and non verbal signal, it is the nonverbal signal that tends to be believed. A person may say that they are outgoing and confident but this might be contradicted by nervous body language. Poor Listening Good listening is often the most important part of communication.Listening give us a better understanding of the other persons point of view, maintains friendships and helps business coll aboration. When not listening properly, we often miss an important point in a conversation. Problems with Perception Perception is how we make sense of ourselves and the world around us. We perceive the world through the senses of sight, hearing, touch, taste and smell. We also have some physiological based perceptions such as sensation of pain, heat, cold etc. We have mental perceptions such as thoughts, daydreams and fantasies.The brain registers these different stimuli and organises them into shapes and patterns that we can understand. Mistakes can arise if we think other people perceive things the same way that we do ourselves. Often they don’t and this is a common cause of communication failure. Attitudinal Barriers Stereotyping, prejudice and unwanted attribution are among the attitudinal barriers that can do the most damage to our ability to our ability to relate effectively to others. * Stereotyping: We stereotype other people when we assume they will behave in a cert ain way just because of their appearance, role or a particular social group.We may be surprised to find that conservatively dressed people have radical views or that the big person wearing a studded jacket and driving a Harley Davidson turns out to be as gentle as a lamb. Judging by appearance gives an incomplete and often distorted picture of what a person is really like. * Prejudice: Prejudice is an attitude of hostility based on faulty generalisations, such as stereotypes. It may be directed at individuals or groups. Prejudice can be damaging to communications if a person believes that another person is inferior, subversive, threatening, not fully part of the community and so on.If we consider another person less than ourselves, we are unlikely to value what they have to say. Prejudice is often a part of ignorance but maybe better education will improve this. * Attribution:Even when we avoid stereotyping, we still make the mistake of judging people on flimsy evidence. We should n ot listen to what other people say, this can sometimes be misleading. Having an accurate picture of people is vital for effective communication, but it is something that can only be built up slowly through time, insight and regular contact. The Principles of Effective Communication As a Communicator 1.Think carefully about your objectives before communicating. What do you want to achieve? Do you want to inform, persuade, advise or consult the receiver? What kind of response do you hope to get? When you have answered questions like these then you can think about the content of the message and how you define it. 2. Put yourself in the communicator’s shoes. The receiver’s perception may not be the same as yours. They may think differently or have different opinions. You may need to communicate with tact and sensitivity. 3. Choose the right medium or combination of media. Difficulties can arise if the wrong medium is used.If you try to describe a complicated process by spe ech alone the audience may not understand it. A combination of words and graphics may work better. 4. Organise your ideas and express them carefully. Take time to structure your ideas in a logical sequence. When choosing your words, take into consideration the receivers understanding and linguistic ability. Try to use words that the receiver will understand. Use language suitable to the communication taking place, informal language that may be used on the shop floor may not be suitable or appropriate for a business meeting. 5.Consider the context, breakdowns in communication often occur because the receiver is given information at the wrong time or place. Even important messages can be forgotten if the receiver is busy or preoccupied with something else. 6. Check for feedback, make sure your message has been received and understood. When speaking face to face look for signs of puzzlement in your listeners, be prepared to explain if necessary. Although the main responsibility for com municating a message rests with the sender, the receiver also has to listen and make sure they understand and relay the message to the right person. As a Receiver 1.Give the message your full attention. Many messages are misunderstood because the receiver is not concentrating, they are daydreaming, or there are too many distractions. 2. Interpret the message correctly. This requires effort and proper listening, if you are unsure of what is said; ask for it to be repeated. Check the meaning of unfamiliar words or references. In spoken communication listen actively and with empathy. Be alert for nuances that may subtly alter the meaning of the message. 3. Keep an open mind, you should not allow dislike of the communicator, or disagreement with their beliefs to influence your judgement.Make an objective assessment of the message no matter what your relationship with the sender. 4. Record information you are likely to forget. You should write down any information you are likely to forge t such as, telephone numbers, names, dates etc. The information should be recorded properly in a secure place, not on a scrap of paper that can get lost among other papers on a busy desk. 5. Respond appropriately to the communicator by providing feedback, following up enquiries or whatever action is necessary.

How to Make Homemade Nail Polish Remover

Health And Social Care Sector - 945 Words

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