TIME PREFERENCE, SITUATIONAL DETERMINISM, AND CRIME (FROM ASSESSING THE CRIMINAL - RESTITUTION, RETRIBUTION AND THE LEGAL PROCESS, 1977 BY RANDY E BARNETT AND JOHN HAGEL 3D - SEE NCJ-46958)

• NCJ Number: 46965
• Author(s): M J RIZZO
• Date Published: 1977
• Length: 15 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

EDWARD BANFIELD'S THEORY OF THE RELATIONSHIP OF TIME PREFERENCE TO CRIME IS CRITICALLY ANALYZED.

Abstract

BANFIELD'S THESIS IS THAT 'PRESENT-ORIENTEDNESS,' OR THE PREFERENCE OF PRESENT SATISFACTION TO FUTURE REWARDS, IS RESPONSIBLE FOR MUCH BEHAVIOR THAT IS BLATANTLY ANTISOCIAL IN CHARACTER. SINCE THE BENEFITS OF CRIME TEND TO BE IMMEDIATE AND ITS COSTS IN THE FUTURE, THE PRESENT-ORIENTED INDIVIDUAL IS MORE DISPOSED TOWARD CRIME THAN OTHERS. HOWEVER, THE AUTHOR ARGUES THAT, IN THE BEHAVIORISTIC SENSE, PRESENT-ORIENTATION IS A MATTER OF DEGREE; THE EXISTENCE OF HUMAN ACTION ENTAILS SOME PREFERENCE FOR THE PRESENT OR ELSE EVERY ACTION WOULD ALWAYS BE POSTPONED TO THE FUTURE. BECAUSE OF THIS RELATIVITY, NO HUMAN DECISIONMAKING FRAMEWORK CAN BE LABELED AS 'DEFECTIVE,' EVEN THOUGH IT MAY RESULT IN DISAPPROVED BEHAVIOR. BANFIELD STATES THAT A RADICALLY PRESENT-ORIENTED LIFESTYLE IS 'PATHOLOGICAL,' BECAUSE OF 'THE RELATIVELY HIGH INCIDENCE OF MENTAL ILLNESS IN THE LOWER CLASS.' HOWEVER, HE DOES NOT MAKE THE IMPORTANT DISTINCTION BETWEEN THE MENTAL ORIENTATION AND THE OUTWARD BEHAVIOR. EVEN THOUGH PSYCHOPATHOLOGICAL INDIVIDUALS MAY ENGAGE IN MORE PRESENT-ORIENTED BEHAVIOR THAN OTHERS, IT DOES NOT FOLLOW THAT MOST HIGHLY PRESENT-ORIENTED PEOPLE ARE PSYCHOPATHS. IN ADDITION, THE REFERENCE TO CERTAIN TIME PREFERENCES AS 'DEFFECTIVE' DOES NOT TAKE INTO ACCOUNT ENVIRONMENTAL FACTORS -- SOME TYPES OF BEHAVIOR MAY HAVE CERTAIN SURVIVAL PROPERTIES IN CERTAIN CONTEXTS. BANFIELD'S EXPLANATION OF CRIMINAL BEHAVIOR IN TERMS OF DIFFERENTIAL DEGREES OF PRESENT-ORIENTEDNESS DOES NOT DISTINGUISH BETWEEN HIS VIEW AND AN EQUALLY PLAUSIBLE ONE, THAT OF DIFFERENTIAL COSTS OF THE CRIMINAL ACT. A RELATED THEORY, THAT OF SITUATIONAL DETERMINISM, STATES THAT CRIMINAL BEHAVIOR IS DETERMINED BY HIGH TIME PREFERENCES ALONG WITH SEVERAL OTHER VARIABLES. IT BRINGS UP THE QUESTION OF WHETHER CRIMINAL BEHAVIOR IS ACTUALLY VOLUNTARY. THE AUTHOR ARGUES AGAINST THE THEORY, HOWEVER, POINTING OUT THAT PEOPLE CHOOSE THEIR ENDS -- I.E., TASTES OR PREFERENCES OF ALL SORTS ARE TO BE CONSIDERED VOLUNTARY. THE FUNDAMENTAL POINT IS THAT THE PERCEPTION OF MAN IN EVERYDAY LIFE IS THAT HIS ACTIONS ARE FREE; FOR THIS REASON, THE NOTION OF FREE CHOICE AFFECTS THE WAY MEN BEHAVE, AS IT COLORS THEIR PERCEPTION OF THE RELEVANT ACTIONS OF OTHER MEN. THEREFORE, BEHAVIORAL MODELS MUST INCLUDE THE NOTION OF FREE CHOICE. (VDA)