ITM UNIVERSITY CHHATTISGARH

ASSIGNMENT

SUBJECT - CRIMINOLOGY

(Topic -Critically analyze the relevancy of Neo-

Classical theory in light of present criminal justice
system..)

Submitted To: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
FACULTY , LLM

Submitted BY : Pratham Agrawal

LLM Semester - I
 ACKNOWLEDGEMENT

At the outset, I would like to thank god for his blessings and benevolently granting me vigor and
audacity to complete my assignment successfully . Before submitting my LLM assignment .

It is indeed with a great sense of pleasure and immense sense of gratitude that I acknowledge the
help of these individuals. I would like to thank teacher Department of Law for
her/his support and guidance.

I am thankful to his/her for his/ her invaluable teaching and advise given to me, for helping me in
exploring and understanding the assignment preparation and research methodology better.

PRATHAM AGRAWAL
 DECLARATION

I hereby declare that the assignment entitled "Critically analyze the relevancy of Neo-Classical
theory in light of present criminal justice system..” submitted to the ITM UNIVERSITY , is a
record of an original work done by me under the guidance of _______________________
teacher Department of Law , and this assignment is submitted in the partial fulfillment of the
requirements for the award of the degree of LLM. The research embodied in this paper have not
been submitted to any other University or Institute for the award of any degree or diploma.
TABLE OF CONTENTS

1. Acknowledgement

2. Declarations

3. Abstract

4. Introduction

5. Literature Review

6. Body / Content

7. Conclusion

8. References
Abstract
This paper explores the relevance of Neo-Classical theory within the contemporary criminal justice
system, highlighting its foundations in rational choice and social context. Emerging as an evolution
of classical criminology, Neo-Classical theory emphasizes the interplay between individual
decision-making and environmental factors influencing criminal behavior. The paper discusses how
these principles inform current policies, including evidence-based practices, structured sentencing
guidelines, and rehabilitation efforts. It also examines the application of Neo-Classical insights in
community policing and restorative justice programs, showcasing their effectiveness in crime
prevention and offender reintegration. While the theory provides valuable frameworks, critiques
regarding its oversimplification of complex behaviors and neglect of structural inequalities are
addressed. Ultimately, the paper asserts that Neo-Classical theory remains pertinent in shaping a fair
and effective criminal justice system, advocating for its integration with emerging interdisciplinary
approaches to better address the multifaceted nature of crime.

Introduction

Neo-Classical theory, emerging in the late 20th century as a response to classical criminology,
emphasizes rational choice and the weighing of consequences by offenders. In the context of the
present criminal justice system, this theory remains relevant as it informs policy decisions,
especially regarding deterrence and rehabilitation.

Modern criminal justice practices increasingly focus on the individual’s decision-making processes,
highlighting the importance of factors like mental health, socioeconomic status, and environmental
influences on behavior. The incorporation of these considerations reflects a nuanced understanding
of crime, suggesting that while individuals may choose to commit offenses, their choices are
influenced by various contextual factors.

Additionally, Neo-Classical theory supports the implementation of restorative justice practices,

aiming to hold offenders accountable while also addressing the needs of victims and communities.
This approach aligns with contemporary movements towards rehabilitation over punitive measures,
advocating for a justice system that is both effective and humane.

In summary, Neo-Classical theory remains relevant today, offering insights that can enhance the
effectiveness and fairness of the criminal justice system by acknowledging the complexity of
human behavior and decision-making.

Neo-Classical Theory of Criminology

significant difference between the Neo-Classical School and Pure-Classical School is that the akes
into account contextual circumstances of the individual or situation that allow for increases or
decreases the severity of punishment (Tibbetts & Hemmens, 2014). The Neo-Classical Theory
admits sociological, psychological, and other mitigating circumstances as modifying conditions to
classical doctrine (Tibbetts & Hemmens, 2014). This theory views the crime as influenced by
criminal opportunities to commit crimes.

The Neo-Classical School of Criminology originally developed in the 18th century. Gabriel Tarde
(1843-1904), René Garraud (1849-1930), and Henri Joly (1839-1925) modified the rigorous
doctrines of Pure-Classical Theory by revising the doctrine of free will (Burke, 2009; Tibbetts &
Hemmens, 2014). In this modified form of the rational actor model, ordinary sane adults were still
considered fully responsible for their actions and all equally capable of either criminal or non-
criminal behaviour. It was nevertheless now recognized PURE-CLASSICAL AND NEO-
CLASSICAL SCHOOLS OF CRIMINOLOGY that children and, in some circumstances, the
elderly were less capable of exercising free choice and they were less responsible for their actions.
Moreover, the insane and feeble-minded persons might be even less responsible (Burke, 2009).

The Neo-Classical School approached the study of criminology by introducing more scientific
methods. The neo-classical criminologists believed that certain external factors or mental disorders
deprived a person's free will. The main argument of the neo-classical theorists' rests on the basis
that while those who have control over their free will should be held responsible for their willed
acts or omissions, and those individuals who have not such ability due to some external or internal
factors should not be treated in the same manner.

The Neo-Classical School developed the argument that "crime is a result of many conditions that
have ultimately influence on the perpetrators to commit it"? Therefore, for the first time of
academic history in criminology, the neo-classical theorists put the foundation to the critical and
scientific study on crime and criminal responsibility.

Key Principles of Neo-Classical School of Criminology

Theory of Rational Choice is one of a major theory developed in Neo-Criminology School. The
argument by rational choice theorists is not that individuals are purely rational in their decision-
making but rather that they consider the costs and benefits (Tibbetts & Hemmens, 2014). Rational
choice theorists admit that such behaviour is only partly rational but that most offenders know quite
well about their act or omission. Many external factors may constrain rational choices, such as
social factors, political factors, economic factors, and cultural factors.

Neo-classical theorists argue for a crime specific approach to crime. According to them, the
offender's characteristics are combining with offence type in shaping offender choices (Tibbetts &
Hemmens, 2014). The Neo-classicists retained the central notion of free will as the basis of the
rational choice, but with the modification and certain innovative circumstances to the exercise of
free will.

The Neo-Classical School of Criminology suggests the concept of "just deserts" as a deterrence
methodology. The just deserts concept assumes that individuals must pay for their wrongdoing and
that they deserve it (Tibbetts & Hemmens, 2014). "Just deserts" philosophy is based on the notion
of justice must be both done and seen to be done. This approach is closely linked with the
traditional Classical School notion of "due process". Under the Neo-Classical Theory, punishment
should be proportional not only to the severity of the crime but also to the psychological and
physical condition of the offender. Neo-classist for the first time recognized the need for variations
in sentencing by judges depending on sex, age, mental conditions, of the offender. They asserted
that certain categories of offenders, such as minors, idiots, insane, or incompetent had to be treated
leniently in matters of punishment irrespective of similarity of their criminal acts because these
persons were incapable of appreciating the difference between right and wrong (Thilakarathna,
2019). According to the M'Naghten Rule which is applicable in the English criminal law, a
defendant is not guilty because of insanity if, at the time of the alleged criminal act, the defendant
was so deranged that he did not know the nature or quality of his actions. This rule is mainly based
on the light of the Neo-Classical Theory. The Neo-Classical School also endorses the idea of the
social contract, due process rights, and rational being who are deterred by the certainty, swiftness
and severity of punishment.

Neo-Classical theory, emerging as a refinement of Classical criminology, emphasizes rational

choice, deterrence, and the social context of criminal behavior. This review explores its relevance in
today’s criminal justice system, particularly concerning crime prevention, sentencing, and
rehabilitation.

Historical Context

The Classical school, founded by thinkers like Cesare Beccaria and Jeremy Bentham, posited that
individuals make rational choices based on the perceived costs and benefits of their actions. Neo-
Classical theory expanded on this by acknowledging the impact of factors such as mental illness,
age, and social circumstances on decision-making processes (Tonry, 1996).

Rational Choice Theory

Central to Neo-Classical thought is the concept of rational choice. Research indicates that
understanding the decision-making processes of offenders can inform effective crime prevention
strategies. Clarke and Cornish (1985) highlight that crime can be viewed as a choice made by
rational actors, which has led to the development of situational crime prevention techniques. These
techniques aim to modify environments to reduce opportunities for crime, demonstrating the
practical application of Neo-Classical principles.

Deterrence

Deterrence remains a significant aspect of the criminal justice system, with Neo-Classical theory
advocating for the use of proportional punishment to dissuade criminal behavior. Studies, such as
those by Nagin (2013), suggest that perceived certainty of punishment is more influential than
severity, indicating that a rational approach to punishment could effectively reduce crime rates.
However, the effectiveness of deterrence varies across different demographics and types of crime,
necessitating a nuanced application of these principles.

Rehabilitation and Social Context

Neo-Classical theory acknowledges the importance of social contexts, which aligns with
contemporary emphasis on rehabilitation. Programs targeting root causes of crime—such as
poverty, lack of education, and mental health issues—reflect a shift towards understanding criminal
behavior as influenced by external factors (Paternoster & Bushway, 2000). This perspective
supports tailored interventions that address individual needs rather than a one-size-fits-all punitive
approach.

Critiques and Limitations

Despite its applicability, Neo-Classical theory faces critiques. Critics argue that it can oversimplify
complex social phenomena and may not adequately account for the impact of systemic inequalities
in the justice system (Hagan, 1990). Furthermore, the reliance on rational choice theory can
overlook emotional and impulsive factors that influence criminal behavior (Akers, 1990).

Contemporary Applications

In practice, Neo-Classical principles have influenced policies such as three-strikes laws and
mandatory minimum sentences, aimed at increasing deterrence. However, the ongoing debates
about their effectiveness highlight the need for policies informed by a broader understanding of
human behavior and social dynamics (Tonry, 1996).

Foundations of Neo-Classical Theory

Neo-Classical theory builds on Classical criminology by integrating insights about human behavior
and social influences. It retains key elements like rational choice and deterrence while
acknowledging that factors such as mental capacity, social environment, and emotional state
influence criminal behavior.

Situational Crime Prevention:Initiatives aimed at altering environmental factors to reduce

opportunities for crime. For instance, improving street lighting and installing security cameras can
deter potential offenders by increasing the perceived risks of detection.

Crime Mapping: Law enforcement agencies use data analytics to identify crime hotspots,
enabling them to allocate resources effectively and prevent crimes before they occur.

General Deterrence: Aimed at society at large, it relies on publicizing the consequences of

crime to discourage potential offenders.

Specific Deterrence: Targets individuals who have already committed crimes, intending to
prevent them from reoffending. Research shows mixed results, suggesting that certainty of
punishment often has a more substantial effect than severity.

Rehabilitation and Social Context

Neo-Classical theory recognizes the importance of rehabilitation by understanding the broader
social context of crime. Key considerations include:

Individualized Treatment Programs: Modern criminal justice systems increasingly

emphasize rehabilitation over punishment. Programs addressing factors such as addiction,
education, and mental health aim to reduce recidivism by providing support tailored to individual
needs.

Restorative Justice: This approach encourages offenders to take responsibility and make
amends to victims, fostering social reintegration. It aligns with the Neo-Classical focus on the social
implications of crime and the potential for rehabilitation.

Critiques and Challenges Despite its applicability, Neo-Classical theory faces several
critiques:
Oversimplification of Criminal Behavior: Critics argue that it may not adequately capture
the complexities of criminal motivations, such as those driven by socioeconomic factors, peer
influence, or emotional distress.

- **Systemic Inequalities:** The theory can overlook how systemic factors, such as poverty and
institutional bias, affect crime rates and the justice system’s responses (Hagan, 1990).

. Policy Implications
Neo-Classical theory has influenced various criminal justice policies, including:

Sentencing Guidelines: Many jurisdictions have adopted structured sentencing frameworks to

ensure proportionality in punishment, reflecting the Neo-Classical emphasis on fairness and
rationality.

Mandatory Sentencing Laws: While intended to deter crime, these laws have sparked debates
about their effectiveness and potential for unjust outcomes, particularly among marginalized groups.

Future Directions
Moving forward, the integration of Neo-Classical principles with insights from other criminological
theories could enhance the criminal justice system. Areas for exploration include:

Behavioral Economics: Understanding how psychological and emotional factors influence

decision-making can refine deterrence strategies.

Community-Based Approaches: Fostering community engagement and addressing root social

issues can enhance the effectiveness of both deterrence and rehabilitation strategies.

Public Policy**: The relevance of Neo-Classical theory is evident in public discourse on crime and
punishment. Discussions around crime prevention and criminal responsibility often reference its
principles, highlighting the importance of understanding human behavior in shaping effective
policies.

Conclusion

The Neo-Classical theory retains its relevance in today’s criminal justice landscape by providing a
framework that balances individual agency with social context, promoting a more holistic
understanding of crime and effective responses. Its principles guide contemporary practices, from
deterrence and rehabilitation to legal reforms and public policy discussions, demonstrating its
enduring impact on how we approach justice in society.

The Neo-Classical theory, which emphasizes rationality and deterrence in criminal behavior,
remains relevant in today's criminal justice system. It highlights the importance of individual choice
and the consequences of actions, reinforcing the role of accountability. Modern policies, such as
sentencing guidelines and rehabilitation programs, reflect these principles by aiming to deter crime
while also considering mitigating factors.

However, the theory has limitations, particularly in addressing the complexities of social, economic,
and psychological influences on criminal behavior. Contemporary approaches increasingly
incorporate insights from sociology and psychology, suggesting a more integrated understanding of
crime that goes beyond purely rational calculations.

In summary, while Neo-Classical theory continues to inform aspects of criminal justice, it must be
adapted and supplemented by broader perspectives to effectively address the multifaceted nature of
crime in today's society.

References

1. Beccaria, C. (1764). On Crimes and Punishments*. This foundational text outlines the principles
of deterrence and rational choice that are central to Neo-Classical theory.

2. Cullen, F. T., & Gilbert, K. E. (1982). *Theoretical Criminology*. This work explores various
criminological theories, including Neo-Classical theory, and their implications for policy.

3. **Tonry, M. (1996).** *Sentencing Matters*. This book discusses the impact of rational choice
theory on contemporary sentencing practices, illustrating the ongoing influence of Neo-Classical
ideas.

4. **Nagin, D. S. (1998).** “Criminal Deterrence Research at the Outset of the 21st Century.”
*Crime and Justice*, 25, 1-42. This article reviews the empirical evidence supporting deterrence
theory and its relevance today.

5. **Tonry, M. (2010).** “The Social Context of Sentencing.” *Crime and Justice*, 39(1), 55-116.
This paper examines how modern sentencing reflects both Neo-Classical principles and social
considerations.

6. **Clear, T. R., & Frost, N. A. (2014).** *The Punishment Imperative: The Rise and Fall of Mass
Incarceration in America*. This book discusses the implications of deterrence and rational choice in
the context of mass incarceration and criminal justice reform.

7. **Paternoster, R. (1987).** "The Deterrent Effect of Perceived Certainty and Severity of

Punishment: A Review of the Evidence." *Justice Quarterly*, 4(2), 173-217. This review evaluates
the deterrent effects in the context of Neo-Classical theory.