Posted: February 28th, 2023

Case Discussion on Psychosis

 

Case Discussion on Psychosis:

There are several antipsychotics available for patients with psychotic disorders:

  1. Select an antipsychotic medication from your readings and discuss its use, potential side effects, dosing, mechanism of action, and the receptors it affects in the brain.
  2. Compare and contrast the following conditions: Tardive Dyskinesia, Acute Dystonia, Athetosis, and Tics.

  • Journal of Criminal Law and Criminology
  • Volume 81
    Issue 3 Fall Article 6

    Fall 1990

    Rational Choice, Deterrence, and Social Learning
    Theory in Criminology: The Path Not Taken

    Ronald L. Akers

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  • Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken
  • , 81 J. Crim. L. &
    Criminology 653 (1990-1991)

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    0091-4169/90/8103-653
    THEJOURNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 81, No. 3
    Copyright Q 1990 by Northwestern University, School of Law Printed in U.S.A.

    Rational Choice, Deterrence, and Social
    Learning Theory in Criminology: The Path

    Not Taken*

    Ronald L. Akers

    I. INTRODUCTION AND OVERVIEW

    “Rational choice” theory, which is derived mainly from the ex-
    pected utility model in economics,’ has become a “hot” topic in
    criminology, sociology, political science, and law. The evidence is
    compelling: respectedjournals have published a major collection of
    papers as well as several recent articles on the theory;2 sociological
    treatises and articles have been published in the 1980s on both
    macro- and microrational choice models;3 and finally, James S.
    Coleman launched a new interdisciplinary journal, Rationality and So-
    ciety, in 1989 with the (perhaps overblown) claim that “[w]ork based

    * This article is a revision of a paper presented at the annual meeting of the
    American Society of Criminology in Reno, Nevada, in November, 1989. Please direct
    any inquiries or correspondence to Ronald L. Akers, Department of Sociology,
    University of Florida, Gainesville, Florida 32611.

    I See, e.g., J. HEINEKE, ECONOMIC MODELS OF CRIMINAL BEHAVIOR (2d ed. 1978)
    [hereinafter J. HEINEKE; M. REYNOLDS, CRIME BY CHOICE: AN ECONOMIC ANALYSIS
    (1985); Becker, Crime and Punishment: An Economic Approach, 76J. POL. ECON. 169 (1968).

    2 THE REASONING CRIMINAL: RATIONAL CHOICE PERSPECTIVES ON OFFENDING (D.
    Cornish & R. Clarke eds. 1986) [hereinafter THE REASONING CRIMINAL]; Williams &
    Hawkins, The Meaning of Arrest for Wife Assault, 27 CRIMINOLOGY 721 (1989); Klepper &
    Nagin, The Deterrent Effect of Perceived Certainty and Severity of Punishment Revisited, 27 CRIMI-
    NOLOGY 721 (1989) [hereinafter Klepper & Nagin]; Paternoster, Decisions to Participate In
    and Desist From Four Types of Common Delinquency: Deterrence and the Rational Choice Perspec-
    tive, 23 LAw & Soc. REV. 7 (1989) [hereinafter Paternoster, Decisions to Participate]; Pater-
    noster, Absolute and Restrictive Deterrence in a Panel of Youth: Explaining the Onset,
    Persistence/Desistance, and Frequency of Delinquent Offending, 36 SoC. PROBS. 289 (1989)
    [hereinafter Paternoster, Absolute and Restrictive Deterrence]; Piliavin, Thorton, Gartner &
    Matsueda, Crime, Deterrence and Rational Choice, 51 AM. Soc. REV. 101 (1986) [hereinafter
    Piliavin].

    3 J. COLEMAN, INDIVIDUAL INTERESTS AND COLLECTIVE ACTION: SELECTED ESSAYS

    (1986) [hereinafterJ. COLEMAN, INDIVIDUAL INTERESTS]; R. COOTER & T. ULEN, LAW AND
    ECONOMICS (1987); M. HECHTER, PRINCIPLES OF GROUP SOLIDARITY (1987); R. POSNER,
    ECONOMIC ANALYSIS OF LAW (3d ed. 1986); Donahue, Law and Economics: The Road Not
    Taken, 22 LAw & Soc. REV. 903 (1988) [hereinafter Donahue]; Opp, What Can We Learn
    From The Utilitarian Tradition?, 4 CONTEMP. SOC. 445 (1988) [hereinafter Opp]; Posner,
    Comment on Donahue, 22 LAw & Soc. REV. 927 (1988).

    RONALD L. AKERS

    on a theory of rational action is the most rapidly developing of so-
    cial theory and research.”‘ 4 Rational choice may be on the verge of
    becoming for the 1980s and 1990s what neo-Marxist perspectives
    were in the 1970s, as it spreads to virtually all social science disci-
    plines and law.

    The introduction of rational choice models into modern crimi-
    nology as part of this general movement may prove to be valuable.
    Much of the rational choice literature takes a strong quantitative
    modeling approach derived from econometric modeling, which ad-
    vances our ability to test complex models of criminal behavior and
    the criminal justice system. Rational choice also has inspired some
    empirical work on decision making in specific crime and crime
    events as well as in criminal justice policy, both of which were
    projects that might not otherwise have been done. This article
    posits, however, that thus far, no new general theoretical concepts
    or propositions have been added to criminological theory by ra-
    tional choice studies.

    A. DETERRENCE AND RATIONAL CHOICE

    The utility premise of rational choice theory has an obvious af-
    finity for the deterrence doctrine in criminology. Deterrence and
    the utilitarian view of rational human nature have been with us since
    at least the eighteenth century. The deterrence doctrine, which was
    at the heart of classical criminology, arguably has been the most
    researched topic in criminology since the latter part of the 1960s.5

    Deterrence theory applies utilitarian philosophy to crime. “Ra-
    tional choice” is based on economic theory derived from the same
    utilitarian tradition. Both theories assume that human actions are
    based on “rational” decisions-that is, they are informed by the
    probable consequences of that action. According to the deterrence
    theory, the rational calculus of the pain of legal punishment offsets
    the motivation for the crime (presumed to be constant across of-
    fenders but not across offenses), thereby deterring criminal activity.
    In comparison, the rational choice theory posits that one takes those
    actions, criminal or lawful, which maximize payoff and minimize
    costs.

    Despite the long historical connection suggested by their com-
    mon utilitarian source, rational choice did not enter criminology
    primarily as research or theory on deterrence; instead, it was first

    4 SAGE Advertising Brochure (1989).
    5 See, e.g., J. GIBBS, CRIME, PUNISHMENT AND DETERRENCE (1975); G. VOLD & T. BER-

    NARD, THEORETICAL CRIMINOLOGY (3d ed. 1986).

    654 [Vol. 81

    SOCIAL LEARNING THEORY

    introduced through economic analysis of crime.6 Later, criminolo-
    gists involved in research on deterrence utilized the economic
    model of rational choice to modify or expand the deterrence doc-
    trine. The link between deterrence and rational choice has since be-
    come well-established in the literature. 7

    B. DETERRENCE AND RATIONAL CHOICE AS SPECIAL CASES OF SOCIAL

    LEARNING PRINCIPLES

    Neither deterrence nor rational choice theory is a general or
    complete model of criminal behavior. The central concepts and
    propositions in each-fear of legal punishment in deterrence theory
    and the reward/cost balance (or expected utility function) in ra-
    tional choice theory-are subsumable under the more general dif-
    ferential reinforcement formula in social learning theory.
    Differential reinforcement refers to the overall balance of rewards
    and punishment for behavior. It encompasses a full range of behav-
    ioral inhibitors and facilitators: rewards/costs; past, present, and
    anticipated reinforcers and punishers; formal and informal sanc-
    tions; legal and extra-legal penalties; direct and indirect punish-
    ment; and positive and negative reinforcement, whether or not
    rationally calculated.8 Some of the rational choice models of crime
    in the literature have been expanded beyond the basic expected util-
    ity proposition to include family and peer influences, moral judg-
    ments, and other variables. 9 These, too, are reiterations of
    concepts or variables derived from social learning theory,’ 0 and, to
    some extent, from other extant criminological theories such as so-
    cial bonding. I

    This article’s principal thesis is that the primary concepts and
    valid postulates of deterrence and rational choice are subsumable
    under general social learning or behavioral principles. Further, I
    will show that the relevance of learning principles for deterrence has

    6 See R. CROUCH, HUMAN BEHAVIOR: AN ECONOMIC APPROACH (1979) [hereinafter R.
    COUCH]; J. HEINEKE, supra note 1; Becker, supra note 1.

    7 See supra note 2.
    8 R. AKERS, DEVIANT BEHAVIOR: A SOCIAL LEARNING APPROACH (3d ed. 1985); Bur-

    gess & Akers, A Diferential Association-Reinforcement Theory of Criminal Behavior, 14 Soc.
    PROBS. 128 (1966) [hereinafter Burgess & Akers]; Akers, Krohn, Lanza-Kaduce &
    Radosevich, Social Learning and Deviant Behavior: A Specific Test of a General Theory, 44 AM.
    Soc. REV. 635 (1979) [hereinafter Akers & Krohn, Social Learning and Deviant Behavior].

    9 See THE REASONING CRIMINAL, supra note 2; Paternoster, Decisions to Participate, supra
    note 2; Paternoster, Absolute and Restrictive Deterrence, supra note 2.

    10 See R. AKERS, DEVIANT BEHAVIOR: A SOCIAL LEARNING APPROACH (1973); Burgess
    & Akers, supra note 8.

    11 See T. HIRSCHI, THE CAUSES OF DELINQUENCY (1969).

    1990]

    655

    RONALD L. AKERS

    been largely overlooked, and their relevance to rational choice has
    been almost completely missed in the criminological literature.

    Accordingly, I agree with Homanst 2 and Opp, 13 both of whom
    contend that rational choice is a special case of general behavioral
    exchange or learning principles. Thus, leading theorists outside the
    criminology field have recognized, to some degree, the connection
    between rational choice and behavioral models.14 At the same time,
    it is difficult to find any level of awareness in the rational choice
    literature in criminology. The introduction of behaviorist theory
    into criminology has resulted chiefly from the reformulation of

    12 See G. HOMANS, CERTAINTIES AND DOUBTS: COLLECTED PAPERS, 1962-1985 (1987);

    Homans, Collective Choice, 16 CONTEMP. Soc. 769 (1987) [hereinafter Homans, Collective
    Choice].

    13 See Opp, supra note 3.
    14 Coleman initially referred to exchange theories as “broader social theories.” J.

    COLEMAN, THE MATHEMATICS OF COLLECTIVE ACTION (1973) [hereinafter J. COLEMAN,
    MATHEMATICS]. He subsequently recognized that social exchange and behavioral soci-
    ologists, such as Homans, really pioneered the introduction of the basic principles appli-
    cable to rational choice into sociology. SeeJ. COLEMAN, INDIVIDUAL INTERESTS, supra note
    3. However, rather than drawing on the same behavioral principles that Homans did,
    Coleman developed a rational choice model that advocates an abstract, mathematical
    application of microeconomic analysis to non-economic behavior. See especially J. COLE-
    MAN, INDIVIDUAL INTERESTS, supra note 3, at 85-136; see alsoJ. COLEMAN, MATHEMATICS,

    this note, at 32-60. He explained, “[T]he direction I was pursuing lay in the paradigm of
    micro-economic theory, with the abstract conception of rational economic man as the
    central element in the theory.” Id. at 5. Further, “[i]t is theory which rests upon the
    central postulate of economic theory, that of rational man attempting to pursue his self-
    ish interests.” Id. at 15. Finally, he concluded, “[t]he social system is thus conceived as
    a system of social exchange which functions like an economic market.” Id. at 93.

    In contrast, Homans viewed his original work on the elementary forms of social
    behavior as incorporating both “elementary psychology” and “elementary economics.”
    See G. HOMANS, SOCIAL BEHAVIOR: ITS ELEMENTARY FORMS (1961). He still sees “behav-
    ioral psychology as the more general theory from which ‘rational choice’ may itself be
    derived.” Homans, Collective Choice, supra note 12, at 770. In his review of Coleman,
    Homans states that while he supports rational choice theory, he also believes that it is
    too limited; it is only a special case of behavioral principles. Id. Opp agrees with Ho-
    mans that there is little difference between rational choice and behavioral theorists. See
    Opp, supra note 3.

    Economic theorists seem largely unaware of the fact that when their models are
    applied outside of economics and thereby allow for less than pristine, purely rational
    calculus, they become virtually indistinguishable from social exchange. “[R]ational
    choice theory is deficient in its almost total neglect of developments in social psychol-
    ogy.” Opp, supra note 3, at 446. The neglect is not total, however. See R. HOGARTH &
    M. REDDER, RATIONAL CHOICE: THE CONTRAST BETWEEN ECONOMICS AND PSYCHOLOGY

    (1987) (comparing and contrasting rational choice models in economics and psychol-
    ogy). Heath, a British sociologist, also sees rational choice and social exchange theory
    as the same approach, although he is critical of Homans and Blau and prefers to use the
    former term. See A. HEATH, RATIONAL CHOICE AND SOCIAL EXCHANGE: A CRITIQUE OF
    EXCHANGE THEORY (1976) [hereinafter A. HEATH]. For a critical, comprehensive review
    of the applicability of behavioral principles in sociology and criminology, see J. GIBBS,
    CONTROL: SOCIOLOGY’S CENTRAL NOTION (1989) [hereinafterJ. GIBBS, CONTROL] (trea-
    tise on “control” as the central notion in social and behavioral sciences).

    656 [Vol. 81

    SOCIAL LEARNING THEORY

    Sutherland’s differential association theory with behavioral princi-
    ples (“differential association-reinforcement”) beginning in the
    mid-1960s and continuing today.15 Behaviorist theory long has
    been referred to as social learning theory, and it has been cited
    widely and tested in the research literature. Indeed, a discussion of
    social learning theory has become a standard feature in many crimi-
    nology and delinquency textbooks. All of the theory’s central con-
    cepts and propositions are accessible easily in the literature of the
    past twenty years. It is in no sense an obscure or esoteric perspec-
    tive in criminology. Nonetheless, the literature on rational choice in
    crime has overlooked it.16 Even though some earlier deterrence re-
    searchers had taken note of learning concepts, deterrence research-
    ers today tend to skip over it when integrating deterrence and
    rational choice theories.

    II. DETERRENCE AND SOCIAL LEARNING

    The relationship of deterrence concepts to social learning the-
    ory is not a recent discovery. Akers, who saw the research on deter-
    rence to be partial tests of certain aspects of social learning, clearly
    proposed that a relationship existed many years ago. In 1977, he
    wrote:

    Research done on the deterrence of criminal behavior through legal
    sanctions and threat of punishment is relevant and tends to be consis-
    tent with social learning …. The deterrence research does not pro-
    vide a full test of social learning, however, because the reinforcement
    for criminal behavior that the threat of legal penalties must offset and
    other reinforcement contingencies surrounding the behavior are not
    measured in that research. 17

    He continued in 1985:
    Deterrence researchers have not referred to or presented their find-
    ings as tests of social learning …. The importance of informal social
    sanctions and normative definitions of the acts has been largely ig-
    nored. Some of the more recent deterrence studies, however, take
    note of social learning theory and report findings that are consistent
    with the theory such as informal social and personal sanctions, moral

    15 See AKERS, DEVIANT BEHAVIOR: A SOCIAL LEARNING APPROACH (1973); id. (3d ed.
    1985); Burgess & Akers, supra note 8; Akers, Burgess &Johnson, Opiate Use, Addiction and
    Relapse, 15 Soc. PROBs. 459 (1968) [hereinafter Akers, Opiate Use]; see also Jeffery, Criminal
    Behavior and Learning Theory, 56J. CRIM. L. & CRIMINOLOGY 294 (1965).

    16 Although I believe that I have located the major articles published on rational

    choice and crime, it is a burgeoning literature, and there could be some analysis which
    explicitly tries to show the connections between rational choice and social learning that I
    have missed.

    17 R. AKERS, DEVIANT BEHAVIOR: A SOCIAL LEARNING APPROACH 56 (2d ed. 1977).

    1990] 657

    RONALD L. AKERS

    condemnation and normative commitment. 18

    Many of the authors cited by Akers1 9 did not refer specifically to
    social learning theory, however, and very few deterrence research-
    ers in more recent years have commented on the relevance of social
    learning. One exception to this generalization is Lanza-Kaduce,
    who explicitly referred to social learning theory in his analysis of
    perceptual deterrence and drunk driving.2 0 Most efforts to update
    or revise the deterrence doctrine, however, make no reference what-
    soever to social learning. 2′

    Threat of legal punishment is one source or indicator of aver-
    sive stimulus under the general concept of differential reinforce-
    ment (balance of rewarding and aversive stimuli). Empirical tests of
    social learning theory have long included measures of both “formal
    deterrence” (perceived probability of getting caught by the police)
    and “informal parental deterrence” (perceived probability of being
    caught by parents). In both variables, the term “deterrence” is used
    because the measures referred only to perception of the likelihood
    of punishment. Not surprisingly, neither variable has much direct
    effect because each refers only to variation in perceived likelihood of
    aversive consequences. Researchers using the general concept of
    differential reinforcement have included other variables which mea-
    sure both rewarding and aversive consequences and the balance of
    positive and negative reactions from peers and parents; these vari-
    ables, in contrast, have strong effects. 22 Similar measures of infor-

    18 R. AKERS, DEVIANT BEHAVIOR (3d ed.), supra note 8, at 54.
    19 Akers cited the following authors on the importance of social and personal sanc-

    tions. See Anderson, Chiricos & Waldo, Formal and Informal Sanctions: A Comparison of
    Deterrent Effects, 25 Soc. PROB. 103 (1977) [hereinafter Anderson, Formal and Informal
    Sanctions]; Grasmick & Green, Legal Punishment, Social Disapproval, and Internalization as
    Inhibitors of Illegal Behavior, 71 J. CRIM. LAW & CRIMINOLOGY 325 (1980) [hereinafter
    Grasmick & Green]; Paternoster, Saltzman, Waldo & Chiricos, Perceived Risk and Social
    Control: Do Sanctions Really Deter?, 17 LAw & Soc. REV. 457 (1983) [hereinafter Paterson,
    Perceived Risks and Social Control]. Akers also cited the following authors for the concepts
    of moral condemnation and normative commitment. See Erickson, Gibbs & Jensen, The
    Deterrence Doctrine and the Perceived Certainty of Legal Punishments, 42 AM. Soc. REV. 305
    (1977);Jensen, Erickson & Gibbs, Perceived Risk of Punishment and Self-Reported Delinquency,
    57 Soc. FORCES 57 (1978); Meier & Johnson, Deterrence as Social Control: The Legal and
    Extralegal Production of Conformity, 42 AM. Soc. REV. 292 (1977); C. TITTLE, SANCTIONS
    AND DEVIANCE (1980).

    20 Lanza-Kaduce, Perceptual Deterrence and Drinking and Driving Among College Students,
    26 CRIMINOLOGY 321 (1988).

    21 See Klepper & Nagin, supra note 2; Miller & Anderson, Updating the Deterrence Doc-
    trine, 77 J. CRIM. L. & CRIMINOLOGY 418 (1986); Piliavin, supra note 2; Williams & Haw-
    kins, The Meaning of Arrest for Wife Assault, 27 CRIMINOLOGY 163 (1989); Paternoster,
    Decisions to Participate, supra note 2; Paternoster, Absolute and Restrictive Deterrence, supra
    note 2.

    22 See Akers & Cochran, Adolescent Marijuana Use: A Test of Three Theories of Deviant

    658 [Vol. 81

    SOCIAL LEARNING THEORY

    mal sanctions have been included in other research reports. 23

    These findings underscore the fact that failure to locate a deter-
    rent effect of the threat of legal punishment, while directly relevant
    to the deterrence doctrine, says little by itself about general social
    learning theory. Social learning subsumes deterrence, but only in
    the context of the larger picture of-differential reinforcement. With-
    out taking into account the other contingencies surrounding the be-
    havior, fear of punishment by itself will be unrelated or weakly
    related to criminal acts. Since these other measures include punish-
    ing reactions (actual or perceived), they have sometimes been re-
    ferred to as “informal deterrence.” However, they are more than
    measures of informal deterrence; they are measures of an overall
    balance of perceived costs and rewards. Formal deterrence is only
    an incomplete indicator of differential reinforcement.

    Social learning theory specifically incorporates both informal
    social rewards and punishments as well as the “formal application of
    sanctions by the legal and correctional system to control violation of
    norms.” 24 It also includes “direct references to the specific deliber-
    ate efforts of the formal control system to deter deviance [and] to
    the deviance-preventing effects of formal and legal sanctions.” ’25

    Akers further explains that:
    ‘Effective social control’ can easily be interpreted to mean that the so-
    cial sanctions successfully reinforce conventional behavior and extin-
    guish deviant behavior by rewarding conformity and punishing
    nonconformity. The structure of social control in society arranges
    contingencies of reinforcement in such a way that most people are
    kept in line most of the time. Conforming behavior is successively
    shaped over time (socialization) and becomes largely self-con-
    trolled …. Moreover, we remain liable to at least intermittent rein-
    forcement for conformity and punishment for deviance. . . . Each
    person must also contend with the consequences (mainly punishment)
    which the formal and legal control agents attach to his or her behavior,
    but these consequences are often remote and uncertain and they
    therefore have less impact than the person’s immediate primary
    groups. 26

    Behavior, 6 DEVIANT BEHAv. 323 (1985) [hereinafter Akers & Cochran, Adolescent Mari-
    juana Use]; Akers & Krohn, Social Learning and Deviant Behavior, supra note 8.

    23 See Krohn, Lanza-Kaduce & Akers, Community Context and Theories of Deviant Behavior:
    An Examination of Social Learning and Social Bonding Theories, 25 Soc. Q. 353 (1984) [herein-
    after Krohn, Community Context]; Krohn, Skinner, Massey & Akers, Social Learning Theory
    and Adolescent Cigarette Smoking: A Longitudinal Study, 32 Soc. PROB. 455 (1985) [hereinaf-
    ter Krohn, Social Learning Theory and Smoking]; Lanza-Kaduce, Cessation of Alcohol and Drug
    Use Among Adolescents: A Social Learning Model, 5 DEVIANT BEHAV. 79 (1984).

    24 R. AKERS, DEVIANT BEHAVIOR (3d ed.), supra note 8, at 34-35.
    25 R. AKERS, DEVIANT BEHAVIOR (2d ed.), supra note 17, at 38.
    26 Id. at 65.

    1990] 659

    RONALD L. AKERS

    He continued:
    The concept of refraining from deviance because of the cost in lost
    stakes in conformity is one example of the more general concept of
    negative punishment-one refrains from doing something not because
    of the fear of direct punishment but because of actual or anticipated
    loss of the reward or investment connected with alternative behavior.
    [The concept of negative reinforcement refers to the other side of the
    coin-engaging in acts as a way of avoiding aversive consequences.]
    The differential reinforcement concept in social learning theory incor-
    porates deterrence, reward-cost balance, positive and negative punish-
    ment, positive and negative reinforcement, and other rational and non-
    rational cognitive and behavioral processes of reward and punishment.2 7

    Deterrence locates variation of criminal behavior in only one
    part (direct positive punishment of criminal behavior) of one side of
    the overall reinforcement equation, albeit including the three mo-
    dalities of certainty, severity, and celerity. In its classical formula-
    tion, deterrence really includes only one specific indicator of
    positive punishment-namely, fear of legal penalties. As Gibbs
    states:

    [T]he proper definition [of deterrence] … is narrow. In a legal con-
    text, the term ‘deterrence’ refers to any instance in which an individual
    contemplates a criminal act but refrains entirely from or curtails the
    commission of such an act because he or she perceives some risk of
    legal punishment and fears the consequence.2 8

    The full behavioral formula in social learning theory includes
    both positive and negative punishment and positive and negative
    reinforcement. It also includes schedules of reinforcement, imita-
    tion, associations, normative definitions (attitudes and rationaliza-
    tions), discriminative stimuli, and other variables in both criminal
    and conforming behavior. When the deterrence doctrine is ex-
    panded to encompass other variables beyond actual or perceived
    risk of legal sanction, such as formal and informal social sanctions
    and both rewards and punishment, it is no longer distinctively de-
    terrence theory. It becomes something else: to some, it becomes
    rational choice theory; I would counter that it simply moves even
    closer to social learning theory.

    27 Akers, A Social Behaviorist’s Perspective on Integration of Theories of Crime and Deviance, in
    THEORETICAL INTEGRATION IN THE STUDY OF DEVIANCE AND CRIME: PROBLEMS AND PROS-
    PEcTS 23, 31 (S. Messner, M. Krohn & A. Liska eds. 1989) [hereinafter Akers, A Social
    Behaviorist’s Perspective] (emphasis added).

    28 Gibbs, Punishment and Deterrence: Theory, Research and Penal Policy, in LAw AND THE
    SOCIAL SCIENCES 319, 325-26 (L. Lipson & S. Wheeler eds. 1986) [hereinafter Gibbs,
    Punishment and Deterrence].

    660 [Vol. 81

    SOCIAL LEARNING THEORY

    III. SOCIAL LEARNING AND THE RATIONAL CHOICE MODEL OF

    CRIME

    Although the link between deterrence and rational choice has
    been made in the literature, proponents of the rational choice per-
    spective purport to offer much more than just an expansion of the
    deterrence theory. They propose to offer a new, integrative per-
    spective to all of criminology-theory, research, and policy. 29 How
    credible are these claims? What does the “rational choice” model
    bring to criminology? To answer these questions, we need to re-
    view three main dimensions of the rational choice perspective as
    they relate to current theory in criminology. These dimensions are
    (a) the “rationality” of criminal acts and careers; (b) the actual or
    perceived balance of rewards and costs associated with committing
    crime or engaging in alternative behavior; and (c) the background
    and other relevant variables.

    A. THE ASSUMPTION OF A RATIONAL COMPONENT IN CRIMINAL

    BEHAVIOR: DOES RATIONAL CHOICE THEORY DIFFER FROM

    OTHER THEORIES?

    The key issue is whether the rational choice perspective pro-
    poses a purely “rational man” theory of criminal behavior. Does the
    model argue for a direct resurrection of classical criminology or an
    unmodified adoption of expected utility theory? Does it propose
    that each person approaches the commission of a crime with a
    highly rational calculus of pleasure and pain before acting? Does it
    propose that the person chooses, with full free will and knowledge,
    whether to commit a crime, taking into account only a carefully rea-
    soned, objective or subjectively perceived set of costs and benefits?
    Is the model essentially free of all constraining, positivistic, or deter-
    ministic elements? If the answer to these questions is in the affirma-
    tive, such that adherence to a strict rationality model of behavior is
    truly the distinguishing feature of a rational choice model of crimi-
    nal behavior, then it does offer something different to criminology.
    It is also patently false.

    As presented in the literature, however, this is not the rationality
    assumption in actual rational choice models of crime. Regardless of
    the assumptions upon which rational choice is based in the classical
    economic model, the literature in criminology emphasizes limita-
    tions and constraints on rationality through lack of information,
    structural constraints, values, and other “non-rational” influences.a0

    29 See THE REASONING CRIMINAL, supra note 2.
    3o The notion of bounded rationality operating in voluntary action has been under-

    1990] 661

    RONALD L. AKERS

    Indeed, the rational choice models in the literature go well beyond
    this to paint a picture of partial rationality with various situational
    and cognitive constraints and deterministic notions of causes and
    motivations. In fact, some of the specific models are indistinguish-
    able from current “etiological” or “positivistic” theories. Paradoxi-
    cally, the assumption of a high level of rationality in behavior is not
    crucial to current rational choice models of crime.

    Coleman, who is the chief proponent of rational choice models
    in sociology sees serious “deficiencies” in directly applying the eco-
    nomic model of rationality to “real players,” even in very restricted
    social situations.3 1 Donohue maintains that, as applied to law and
    society, the assumptions of rationality and individualism are “im-
    portant but not defining characteristics of economic methodology.”3 2

    Heath believes that the pure rational choice model of riskless
    choice, full knowledge, and no mistakes is untenable.33 He argues,
    however, that these and other assumptions (such as the requirement
    that information be collected prior to a decision and that the deci-
    sion must be made slowly) are fallaciously attributed to rational
    choice models and are not actually used by rational choice theorists.

    Gibbs insists that the assumption of rationality and the question
    of free-will versus determinism are not really relevant to the deter-
    rence doctrine, or, I would add, to rational choice models of
    crime.3 4 According to Gibbs, deterrence can be construed as either
    free will or causation, without any difference in empirical predic-
    tions. The notion of rationality is very vague, and categorical asser-
    tions that all persons or all behavior are rational are indefensible.35

    Gibbs later proposes that the rationality argument is irrelevant for
    the general concept of social control and its efficacy. “[T]he notion
    of rationality is intolerably vague, and an empirically applicable defi-
    nition of rational behavior is bound to be arbitrary . . . if rational
    behavior is defined as simply goal-oriented behavior.. . then virtu-
    ally all of human behavior is rational and the rational-irrational dis-
    tinction has no real consequences.- 36

    Although the literature refers to “the reasoning criminal,” and

    stood in sociology at least since Parson’s classic statement of his theory of social action
    as socially structured voluntary choices in which the actor selects among socially struc-
    tured means to achieve goals. See T. PARSONS & E. SHILS, TOWARD A GENERAL THEORY
    OF ACTION (1951); see alsoJ. COLEMAN, MATHEMATICS, supra note 14, at 33-34.

    31 J. COLEMAN, INDIVIDUAL INTERESTS, supra note 3.
    32 Donahue, supra note 3, at 913 (emphasis added).
    33 A. HEATH, supra note 14.
    34 Gibbs, Punishment and Deterrence, supra note 28.
    35 Id.
    36 J. GIBBS, CONTROL, supra note 14, at 394.

    662 [Vol. 81

    SOCIAL LEARNING THEORY

    the “rational component” in crime, there is great effort to show how
    limited, circumscribed, and partial that rationality is. The most fre-
    quently cited source on rational choice and crime is The Reasoning
    Criminal, edited by Cornish and Clarke.37 Yet, Cornish and Clarke
    do not propose a pure rational choice model. Rather, the assump-
    tion in their model is simply that,

    offenders seek to benefit themselves by their criminal behavior; that
    this involves the making of decisions and choices, however rudimen-
    tary on occasion these processes might be; and that these processes
    exhibit a measure of rationality, albeit constrained by limits of time
    and ability and the availability of relevant information …. 38

    They see offenders as “reasoning decision makers” because
    criminals “exercise some degree of planning and foresight and adapt
    their behavior to take account of proximal and distal contingen-
    cies.”‘ 39 The degree of planning does not have to be great to be
    considered rational by Cornish and Clarke, and they warn that “one
    must be wary of definitions of rationality that rely too much on evi-
    dence of planning.”40

    Thus, Cornish and Clarke assert a very minimal assumption of
    rationality, which does not seem to differ very much from the level
    of rationality assumed in most criminological theories. In fact, it re-
    ally does not even differ much from the assertions by Katz in his
    analysis of the “seductions” of crime, which he views as the very
    antithesis of rational, utilitarian explanations of crime.41 The em-
    pirical chapters in Cornish and Clarke provide support for limited,
    rather than pure, rationality in crime. This is in spite of the fact that
    Cornish and Clarke acknowledge that the empirical studies in the
    volume are mainly limited to economic offenses, which they pre-
    sume to be the most rational of crimes. While a chapter on violent
    crimes is not included, a chapter on “opioid addiction” is.42 The
    author of this chapter, Bennett, explains addiction as rational “deci-
    sion-making” because he found some evidence that addicts were
    able to control opiate use at times and finds little evidence of “com-
    pulsion, irrationality. . . or mindlessness in the decision to take the
    drug.”43 This test of rationality is minimal indeed; virtually all ex-
    tant criminological theory would pass it.

    37 THE REASONING CRIMINAL, supra note 2.
    38 Id. at 1.
    39 Id. at 13 (emphasis added).
    40 Id. at 14.
    41 J. KATz, SEDUCTIONS OF CRIME (1989).
    42 Bennett, A Decision-Making Approach to Opioid Addiction, in THE REASONING CRIMI-

    NAL, supra note 2, at 83 [hereinafter Bennett].
    43 Id. at 90.

    1990] 663

    RONALD L. AKERS

    Carroll and Weaver do not go as far as Bennett, but they do
    make a distinction between the “strong form” of rationality in the
    economists’ expected utility model (which they find is empirically
    wrong) and the more valid “limited rationality” form which charac-
    terizes rational choice models in criminology. 44 Similarly, Lattimore
    and Witte describe the purely rational model of expected utility as
    lacking in empirical support from studies of both criminal and non-
    criminal behavior.45 According to Lattimore and Witte, the axioms
    and assumptions of this strong rationality model do not hold due to
    cognitive limitations, short-cut decisions, inconsistent value prefer-
    ences, and other constraints on rational action. They propose a
    “prospect theory model” based on limited rationality and utility
    functions. Other authors also start with a classical economic model,
    then go on to show the inappropriateness of that model for criminal
    behavior. They find that rational maximization of expected utility in
    the commission of crime is the exception rather than the rule and
    propose models of crime with limited rationality.46

    Hirschi sees control theory and rational choice theory as essen-
    tially the same theory, but coming from different disciplinary back-
    grounds. He bases this connection mainly on the rational choice
    content in his social bonding theory. 47 In his original statement of
    the theory, Hirschi explicitly identifies the bond of “commitment”
    as rational; however he does not contend that this is a wholly ra-
    tional calculation of consequences of deviance. 48 Indeed, he makes
    it clear that there are severe restrictions on the exercise of rational-
    ity.49 Paternoster 56 presents what he labels a “deterrence/rational
    choice” model of delinquent behavior, in which he invokes Matza’s

    44 See Carroll & Weaver, Shoplifters’ Perceptions of Crime Opportunities: A Process-Tracing
    Study, in THE REASONING CRIMINAL, supra note 2, at 20 [hereinafter Carroll & Weaver].

    45 See Lattimore & Witte, Models of Decision Making Under Uncertainty: The Criminal
    Choice, in THE REASONING CRIMINAL, supra note 2, at 130 [hereinafter Lattimore & Witte].

    46 See, e.g., Johnson & Payne, The Decision to Commit a Crime: An Information-Processing
    Analysis, in THE REASONING CRIMINAL, supra note 2, at 170; Tuck & Riley, The Theory of
    Reasoned Action: A Decision Theory of Crime, in THE REASONING CRIMINAL, supra note 2, at
    156 [hereinafter Tuck & Riley]; Walsh, Victim Selection Procedures Among Economic Criminals:
    The Rational Choice Perspective, in THE REASONING CRIMINAL, supra note 2, at 40.

    47 Hirschi, On the Compatibility of Rational Choice and Social Control Theories of Crime, in
    THE REASONING CRIMINAL, supra note 2, at 106 [hereinafter Hirschi, Compatibility].

    48 Id. at 120-21.
    49 While I think he is wrong in claiming that no other major theory has a “rational

    choice content,” id. at 110- 11, Hirschi is justified in viewing rational choice and social
    bonding as highly compatible. However, he goes beyond this to claim that they are
    essentially the same theory, albeit coming from different disciplines.

    Rational choice theory and social control theory share the same image of man, an
    image rather different from the image of sociological positivism. Rational choice
    theory and social control theory are therefore the same theory reared in different
    disciplinary contexts.

    664 [Vol. 81

    SOCIAL LEARNING THEORY

    “soft determinism” 5′ in order to stress that the model includes both
    rational free will and determinism. Rational choice models, accord-
    ing to Paternoster, recognize that there are “choice structuring”
    variables, and that the choices do not involve complete information
    or rational analytic methods. Although he states that the model is
    meant to explain the “decision” to participate, to continue, or to
    desist from delinquency, his measures of the dependent variable are
    the usual ones of self-reported delinquent behavior. Therefore,
    there is no way in his empirical model to separate the decision to act
    from the delinquent act itself. There is nothing in his model to dis-
    tinguish it from any other theory of delinquency regarding assump-
    tions of rationality. In fact, as I shall show below, his model is
    simply a combination of variables taken from social learning and so-
    cial bonding theory.

    It should be apparent from this review that rational choice the-
    ory does not assume.that all or even most criminal acts result from
    well-informed calculated choices. The rational choice models in the
    literature leave room for all levels of rationality, except the most
    mindless, pathological, and irrational. In this regard, therefore,
    they do not differ from social learning, social bonding, or, contrary
    to what Hirschi argues, other sociological and social psychological

    Id. at 113.
    If control and rational choice are the same theory, then there is no need to deal

    with them separately. If social bonding and social learning are compatible, then both
    are compatible with rational choice. See Akers, A Social Behaviorist’s Perspective, supra note
    27. Rational choice and social bonding are not, however, the same theory. Social bond-
    ing’s element of commitment incorporates the notion of costs of criminal behavior,
    which is one variable at the heart of the rational choice theory. On the other hand,
    rational choice explicitly hypothesizes deterrent effects from both legal and extra-legal
    sanctions. Social bonding theory neither explicitly incorporates the deterrence doctrine
    nor analyzes the effects of rewards/punishment on conformity and deviant behavior.

    While it would be incorrect to say that control theory has no room in it for the
    direct effects of sanctions, such effects are not explicitly included in the explanation of
    conformity/deviance. Social bonding theory directly includes neither deterrence con-
    cepts nor more general concepts of rewards/punishment through sanctions. Hirschi
    does not discuss deterrence, and apparently does not consider it part of the commitment
    or rational component in his theory. Similarly, although he does describe parental su-
    pervision, he does not analyze sanctioning of behavior by parents or others. Specific
    reference to direct parental and peer rewarding or punishing reactions to behavior is
    absent from both Hirschi’s theory and empirical tests of his theory. Thus, the only way
    in which social bonding theory conceptualizes the reward/cost balance is with reference
    to costs through loss of investment in conformity (commitment). Control theory ig-
    nores variation in the rational (or non-rational) inducements to delinquency against
    which the cost is weighed.

    50 See Paternoster, Absolute and Restrictive Deterrence, supra note 2; Paternoster, Decisions
    to Participate, supra note 2.

    51 D. MA-ZA, DELINQUENCY AND DRIFr (1964).

    1990] 665

    RONALD L. AKERS

    models of crime.52

    Yet does not social learning theory have a mechanistic view of
    humans as automatons whose behavior is operantly conditioned and
    shaped by forces of which they are no more aware than the rats,
    pigeons, and monkeys on which operant conditioning principles
    were first developed? Does not the social learning approach reject
    mental constructs, cognition, and the reasoning human being? The
    answer to both of these questions is “No.” Social learning theory
    falls within the behaviorist tradition that makes “explicit theoretical
    use of notions about cognitive and symbolic processes.” 53 Bandura
    has gone beyond the cognitive processes incorporated into his ear-
    lier version of social learning. 54 He developed a “social cognitive
    theory” without eliminating the behavioral elements from it. He
    views research on deterrence as providing support for his theory,
    which includes concepts such as “symbolizing,” “forethought,” and
    “self-reflective capabilities.” Although Bandura does not comment
    directly on the issue, he apparently sees no contradiction between
    his social behaviorism and the presumed rationality in deterrence
    theory. 55

    As applied by Akers to crime and deviance, social learning is a
    behavioral approach to socialization which includes individuals’ re-
    sponses to rewards and punishments in the current situation, the
    learned patterns of responses they bring to that situation, and the
    anticipated consequences of actions taken now and in the future in
    the initiation, continuation, and cessation of those actions. It is a
    “soft behaviorism” that allows for choice and cognitive processes. 56

    It views the individual’s behavior as responding to and being condi-
    tioned by environmental feedback and consequences. It does not
    view the individual as unreasoning and only passively conditioned.
    Although the theory proposes that conditioning can take place with-
    out an awareness or knowledge of the connection between one’s be-
    havior and its consequences, it also views the individual as
    cognitively engaged, adapting to existing and anticipated conse-
    quences, exercising self-reinforcement, and learning to respond to
    environmental and internal cue stimuli.

    While there is little difference in the minimal level of rationality

    52 See Hirschi, Compatibility, supra note 47.
    53 R. AKERS, DEVIANT BEHAVIOR (3d ed.), supra note 8.
    54 See A. BANDURA, SOCIAL FOUNDATIONS OF THOUGHT AND ACTION: A SOCIAL COGNI-

    TIVE THEORY (1986) [hereinafter A. BANDURA, SOCIAL FOUNDATIONS]; A. BANDURA, SO-
    CIAL LEARNING THEORY (1977).

    55 See A. BANDURA, SOCIAL FOUNDATIONS, supra note 54.
    56 See R. AKERS, DEVIANT BEHAVIOR (3d ed.), supra note 8.

    666 [Vol. 81

    SOCIAL LEARNING THEORY

    assumed by the theories, do rational choice models lean more to-
    ward the rationality end of the continuum, while social learning and
    other theories lean toward the non-rationality end? Perhaps, but if
    proponents of rational choice theory maintain that their models
    contain a larger element of rationality than can be found in social
    learning or other current theories, then they need to do at least two
    things. First, they must contrast careftilly the amount of rationality
    assumed in their models with that assumed in the principal theories
    in criminology. Second, they must show clearly how that difference
    in assumed rationality increases our understanding of crime and de-
    viance beyond the understanding gained from other theories.

    Thus far, the rational choice theorists do neither of these. In-
    deed, in the few places where “wider criminological theories” are
    discussed, the emphasis is on the compatibility, not the differences
    in assumptions, of rational choice with the other theories. Pains are
    taken to show how limited the rational choice perspective is if it le-
    ans too far toward pure rationality and does not take into account
    the variables stipulated in these other theories. 57 No attempt is
    made to demonstrate that there is a crucial difference in the assump-
    tion of rationality or propositions about rationality in crime between
    rational choice models and any other coherent theory, let alone to
    demonstrate that the difference results in a superior explanation of
    crime and deviance.

    Instead, whenever a sharp contrast is drawn, it is likely to be
    drawn between rational choice models and something vaguely re-
    ferred to as “traditional criminology.” Traditional criminology 58 is
    usually depicted in these comparisons as emphasizing “irrational”
    or “pathological” elements in crime. 59 However, what constitutes

    57 See Tuck & Riley, supra note 46.
    58 THE REASONING CRIMINAL, supra note 2; R. CROUCH, supra note 6; Bennett, supra

    note 42.
    59 Our deeply held and abiding fears about crime depict it as irredeemably alien to
    ordinary behavior-driven by abnormal motivations, irrational, purposeless, unpre-
    dictable, potentially violent, and evil…. In the past, repeated attempts by criminol-
    ogists to identify differences between criminal and noncriminal groups that could
    explain offending have reinforced assumptions that offenders are similar to each
    other and different from everybody else ….

    … By contrast, the present volume.., develops an alternative approach, termed the
    “rational choice perspective’ to the explanation of criminal behavior…. While it
    does not deny the existence of irrational and pathological components in some
    crimes, it suggests we examine more closely the rational and adaptive aspects of
    offending.

    Cornish & Clarke, Introduction to THE REASONING CRIMINAL, supra note 2, at v-vi (empha-
    sis added).

    Since Cornish and Clarke do not give references and specific theories are not dis-
    cussed, we do not know either to which repeated past efforts and criminologists they
    refer, or to which theories rational choice is offered as an alternative.

    6671990]

    RONALD L. AKERS

    traditional criminology is not identified. If “traditional” means all
    perspectives other than rational choice, then the portrayal is wrong
    and the comparison meaningless. Aside from Freudian psychoana-
    lytic theory which views virtually all deviant acts (and many con-
    forming acts) as the outcome of irrational, unconscious motivation
    or early biological explanations, which view the criminal acting from
    uncontrollable genetic forces,60 what major theories of crime rely
    on the irrational or pathological factors mentioned by Cornish and
    Clarke as characterizing all of criminology? The answer is, “None.”

    Similarly, Crouch contrasts the rational choice model with what
    he thinks is prevailing criminological theory, namely one that views
    the criminal as a:

    [U]niquely motivated individual with a flawed character structure-
    which drives him or her to engage in so-called deviant behavior, re-
    gardless of the consequences. According to this view, criminal behav-
    ior is unique, special, and deviant; hence there is an identifiable group
    of persons possessed of a criminal mentality, which they will indulge,
    impulsively or compulsively, without regard to the consequences of
    their activities.6 1

    This is obviously a highly distorted and uninformed appraisal of
    criminological theory. Crouch made no effort whatsoever to com-
    pare his economic model with either the real criminological theories
    current at the time of his writing or the theories of earlier times. If
    he had undertaken this comparison, he would have discovered that
    the rejection in his model of the assumption that most criminals be-
    have impulsively without regard to consequences does not distin-
    guish it in the least from any other major contemporary
    criminological theory.

    We have known at least since Cressey showed us thirty-five
    years ago that offenses labelled as “compulsive,” “totally sense-
    less,” or “impulsive” can be understood with the same explanation
    as other seemingly more rational crime.62 The categorization of
    some act or series of acts as kleptomania, pyromania, or senseless
    violence reflects the explanatory predisposition of the one making
    the characterization (and the social characteristics of the offender)
    more than it reflects the mental state of the offender. Building on
    Cressey, Akers offered a social learning explanation of supposedly
    compulsive, irrational crime, violent and nonviolent, in which such
    behavior is depicted as not totally unplanned or unpredictable. Far

    60 G. VOLD & T. BERNARD, THEORETICAL CRIMINOLOGY (3d ed. 1986);J. WILSON & R.

    HERRSTEIN, CRIME AND HUMAN NATURE (1985).
    61 See R. CROUCH, supra note 6, at 117.
    62 Cressey, The Differential Association Theory and Compulsive Crimes, 45 J. CRIM. L. &

    CRIMINOLOGY 29 (1954).

    668 [Vol. 81

    SOCIAL LEARNING THEORY

    from being senseless, totally irrational, or compulsive, such behav-
    ior is usually quite understandable with knowledge of the person’s
    past learning, perceptions of current situations, and anticipation of
    the consequences. If the person believes the acts are justified or
    excusable and will not result in receiving more violence than given
    (or alternatively that the acts are worth the risk in some other way)
    then the more likely he or she will be to commit them.63 Therefore,
    no new element of rationality is added to existing theory when Cor-
    nish and Clarke argue that “even in the case of offenses that seemed
    to be pathologically motivated or impulsively executed, it was felt
    that rational components were also often present …. 64

    B. REWARDS AND COSTS IN CRIMINAL BEHAVIOR

    As previously noted, at the center of the rational choice model
    is an objective (or subjective) utility proposition that the decision to
    commit crime is a function of the balance of rewards and costs for
    crime and its alternatives. 65 In this regard, rational choice theory
    does propose something that is either absent or only implicit in bio-
    logical, personality, strain, labelling, conflict, Marxist, or Suther-
    land’s original differential association theories. It expands on the
    deterrence doctrine, with which it is most often linked, and goes
    beyond control theory with which it is increasingly linked.66 How-
    ever, the explicit reference to rewards and punishments in rational
    choice explanations of criminal behavior, does not take rational
    choice theory beyond that which is already present in social learning
    theory.

    In social learning, instrumental or operant learning is the basic

    63 R. AKERS, DEVIANT BEHAVIOR, supra note 10, at 209-15.
    64 THE RATIONAL CRIMINAL, supra note 2, at 2.
    65 In a sentence, the models of economic choice theory, of which the criminal
    choice is a special case, hypothesizes that all individuals, criminal and non-criminal
    alike, respond to incentives; and if the costs and benefits associated with an action
    change, the agent’s choices are also likely to change.

    J. HEINEKE, supra note 1, at 2. Similarly,
    [t]his approach assumes that the individual contemplating a criminal act will decide
    to commit the crime only if he or she expects that committing the crime will lead to
    a more satisfactory outcome than not doing so.

    Lattimore & Witte, supra note 45, at 130. Finally,
    [t]he central assumption of a rational choice model of offending is that persons
    make conscious decisions to offend based upon information about offenses, deci-
    sions whose outcomes they believe will be beneficial or profitable to them.

    Paternoster, Decisions to Participate, supra note 2, at 10.
    66 See Hawkins & Williams, Acts, Arrests and the Deterrence Process: The Case of

    Wife Assault (Aug. 1989) (unpublished paper presented to the Society for the Study of
    Social Problems, Berkley, CA); Hirschi, Compatibility, supra note 46; Paternoster, Absolute
    and Restrictive Deterrence, supra note 2; Paternoster, Decisions to Participate, supra note 2;
    Williams & Hawkins, The Meaning of Arrestfor Wife Assault, 27 CRIMINOLOGY 163 (1989).

    1990] 669

    RONALD L. AKERS

    process by which “behavior is acquired or conditioned by the ef-
    fects, outcome, or consequences it has on the person’s environ-
    ment.” 67 The process involves both reward (pleasant, desirable
    consequences) and punishment (aversive, costly, or unpleasant con-
    sequences). Reinforcement refers to the process of strengthening
    behavior through reward, and the differential reinforcement princi-
    ple in social learning refers, in its simplest form, to the process
    whereby the acts with the greatest amount, probability, and fre-
    quency of reinforcement will be the ones most likely to occur. It
    also refers to the overall balance of both reward and punishment for
    particular acts or their alternatives:

    In a sense the one [behavior] that has been more successful in ob-
    taining the desired payoffs will become dominant…. One can be con-
    tinued strongly and the other discontinued even more quickly and
    effectively if while the first is rewarded the other is punished, even
    mildly. 68

    Furthermore,
    [s]ocial behavior is learned by conditioning, primarily instrumental or
    operant, in which behavior is shaped by the stimuli that follow or are
    consequences of the behavior and by imitation or modeling of others’
    behavior …. Whether deviant or conforming behavior persists de-
    pends on the past and present rewards and punishments and the re-
    wards and punishments attached to alternative behavior-differential
    reinforcement. 69

    Thus, social learning incorporates reward and punishment in the
    explanation of crime, and the concept of differential reinforcement
    applies to the balance of the full range of formal and informal re-
    wards and punishment, from the most “rational” calculation of this
    balance to the most irrational responses to it. Rational choice does
    not add more; indeed, it is more limited.

    C. BACKGROUND AND OTHER VARIABLES

    To the extent that rational choice theory proposes that only ex-
    pected utility affects actions, it disregards the key issue of values or
    moral judgments. In contrast, the social learning theory includes
    the moral condemnation or acceptance dimension of action under
    its “definitions” concept. Even when the perceived material or situ-
    ational rewards of taking a particular action outweigh the perceived
    costs, if the person has learned “definitions unfavorable” to the act,
    he or she is less likely to perform that act. Moral objection to an act

    67 R. AKERS, DEVIANT BEHAVIOR (3d ed.), supra note 8, at 42.
    68 Id. at 47.
    69 Id. at 57.

    670 [Vol. 81

    SOCIAL LEARNING THEORY

    is one type of definition unfavorable to the commission of a crime.
    On the other hand, to the extent that one defines an act as desirable,
    justified, or excusable, the more likely he or she is to commit the act.
    However, he or she is not as likely to commit the act if anticipated
    punishment outweighs anticipated rewards. Social learning does
    not propose that deviants must hold beliefs that require violation
    (although this may occur for certain offenses and ideologically com-
    mitted groups), only that there is variation in the extent to which
    people believe that they should or should not obey the rule or can
    justify its violation. The variation may be in general moral beliefs or
    in negative, positive, and justifying definitions of specific acts of
    crime and deviance. 70

    Some of the empirical rational choice models do include, in ad-
    dition to reward/cost, a “moral costs” dimension-conscience, reli-
    gious beliefs and commitment, and other moral attitudes and
    commitment. These models also lists a range of other variables,
    such as social background, upbringing, parental crime, previous
    learning, and the influence of friends and other groups. 71 In so do-
    ing, these models have broadened the rational choice perspective
    beyond the utility function, but they have not gone beyond what is
    already proposed by social learning theory. As noted above, the
    moral costs dimension is conceptually indistinguishable from the
    definitions concept in social learning. Other major variables in the
    expanded rational choice models are fairly easily identified as spe-
    cific instances of differential association, modeling, definitions, dis-
    criminative stimuli, or other social learning concepts.

    IV. LACK OF RECOGNITION OF THE RELEVANCE OF SOCIAL

    LEARNING THEORY IN RATIONAL CHOICE AND DETERRENCE

    LITERATURE

    Once stated, most of the foregoing seems self-evident. It also
    seems obvious to Pearson and Weiner that deterrence and rational-
    ity concepts are partial theories capable of being integrated with
    broader perspectives. 72 In their scheme for integrating several the-
    ories, Pearson and Weiner subsume formal and informal deterrence
    and “utility functions” from economic theory under general differ-
    ential reinforcement concepts taken from social learning theory.

    70 See id.
    71 See THE REASONING CRIMINAL, supra note 2; Paternoster, Absolute and Restrictive De-

    terrence, supra note 2; Paternoster, Decisions to Participate, supra note 2; Tuck & Riley, supra
    note 46.

    72 Pearson & Weiner, Toward an Integration of Criminological Theories, 76 J. CRIM. L. &

    CRIMINOLOGY 116 (1985).

    1990]

    RONALD L. AKERS

    Apparently, this has not been so obvious to others. A large body of
    literature has developed around deterrence with only some atten-
    tion being given to the relevance of general social learning theory.
    A rapidly developing body of literature on rational choice, while rec-
    ognizing links to deterrence theory and proposing links to social
    control theory, has largely ignored the social behavioral perspective
    in general, and the social learning approach to criminal and deviant
    behavior in particular.

    In the introductory essay to The Reasoning Criminal, Cornish and
    Clarke make brief reference to the fact that the rational choice per-
    spective “recognizes as do economic and behaviorist theories, the
    importance of incentives-that is rewards and punishments-and
    hence the role of learning in the criminal career.” 73 In the chapter
    by Carroll and Weaver, 74 one reference is made to Bandura75 re-
    garding cognitive determinants of behavior, but there is no other
    reference to social learning theory. Tuck and Riley76 in their section
    on “wider criminological theories” make a reference to Akers, 77 and
    Elliott,78 and argue that any model of criminal decision making must
    include social learning and normative factors. In his review of the
    compatibility of rational choice and control theory, Hirschi states
    there might be merit in combining compatible theories developed
    separately. “A list of such theories would certainly include rational
    choice, social control, routine activities, socialization, and at least
    some varieties of social learning theory.” 79 These brief and passing
    remarks pretty much exhaust the attention paid to social learning in
    this key volume on the rational choice perspective. Except for Hir-
    schi, himself, the editors and authors show a noticeable lack of
    knowledge of Hirschi’s social bonding theory as well.

    The inattention by Cornish and Clarke and their contributors to
    social learning theory, in spite of its longstanding emphasis on the
    rewards/costs dimension in crime (and to some extent their inatten-
    tion to social bonding), characterizes other recent literature on ra-
    tional choice as well. The same year as the Cornish and Clarke book
    appeared, Piliavin, Thorton, Gartner, & Matsueda published an
    American Sociological Review article on crime, deterrence, and rational

    73 THE REASONING CRIMINAL, supra note 2, at 6.
    74 See Carroll & Weaver, supra note 44.
    75 A. BANDURA, SOCIAL LEARNING THEORY (1977).
    76 See Tuck & Riley, supra note 46.
    77 Akers & Krohn, Social Learning, supra note 8.
    78 D. ELLIOTr, D. HUIZINGA & S. AGETON, EXPLAINING DELINQUENCY AND DRUG USE

    (1985) [hereinafter D. ELLIOTr, EXPLAINING DELINQUENCY].
    79 Hirschi, Compatibility, supra note 46, at 117.

    672 [Vol. 81

    SOCIAL LEARNING THEORY

    choice.8 0 They found that the rational choice model tested was only
    partially supported, and that rewards related to criminal behavior
    more often than did “risk components.” They equate rational
    choice with deterrence theory plus a “return component.”8 1

    Piliavin et al concluded by calling for a more complex model going
    beyond just the reward/cost balance of crime. However, they did
    not refer at all to the social learning theory of crime, which already
    offers a more complex model incorporating reward/cost balance.8 2

    Later, Williams and Hawkins report findings on arrests for wife as-
    saults, arguing for an expanded model of deterrence to include both
    direct and indirect costs of formal sanctions.83 They link their find-
    ings to deterrence, rational choice, and Hirschi’s social control the-
    ory in a clear and persuasive way, but make no reference to social
    learning. In a footnote in a later paper, the same authors do note
    that social control theory is not the only place to find ways of ex-
    panding the deterrence concept and refer specifically to social learn-
    ing theory.8 4 This is the extent to which the literature on rational
    choice and crime has acknowledged social learning theory.

    Even in those cases where a “rational choice” model draws di-
    rectly on social learning concepts and empirical indicators, the au-
    thors are silent about the connection. This is seen most clearly in a
    pair of articles by Paternoster, who purports to integrate deterrence
    and rational choice into a general social control model applied to
    delinquent behavior.8 5 Although his model, like Cornish and
    Clark’s model, 6 includes “background characteristics,” he really fo-
    cuses on six concepts in his “deterrence/rational choice” model:
    (1) affective ties; (2) cost of material deprivation and investments
    made in conformity; (3) supportive social groups and opportunities;
    (4) informal social costs and informal sanctions; (5) perceptions of
    formal legal sanctions; and (6) moral beliefs about specific actions.

    What makes this a distinctively rational choice model? Nothing.
    Paternoster’s rational choice model is nothing more than a model

    80 Piliavin, supra note 2.
    81 Id. Klepper and Nagin agreed, and later added “incentives for lawbreaking” into

    their deterrence/rational choice model of tax cheating. See Klepper & Nagin, supra note
    2.

    82 Piliavin, supra note 2.
    83 Williams & Hawkins, The Meaning of Arrest for Wife Assault, 27 CRIMINOLOGY 163

    (1989).
    84 Hawkins & Williams, Acts, Arrests, and the Deterrence Process: The Case of Wife

    Assault, (Aug. 1989) (unpublished paper presented to the Society for the Study of Social
    Problems, Berkley, CA).

    85 Paternoster, Decisions to Participate, supra note 2; Paternoster, Absolute and Restrictive
    Deterrence, supra note 2.

    86 See THE REASONING CRIMINAL, supra note 2.

    1990] 673

    RONALD L. AKERS

    combining the deterrence doctrine with some social bonding and
    social learning concepts. The first concept, affective ties, is simply
    attachment taken from social bonding theory.8 7 Costs of invest-
    ments in conformity, the second concept in the model, is a direct
    application of both the concept of commitment from social bonding
    theory and the concept of differential reinforcement from social
    learning theory. The rest of the concepts are taken directly from
    social learning theory. The third concept, supportive groups and
    opportunities, is simply a restatement of the differential association
    concept in social learning. The fourth and fifth concepts, informal
    costs and sanctions and formal legal sanctions, are both differential
    reinforcement. Moral beliefs about specific actions, the last con-
    cept, is the same as the concept of definitions favorable and unfavor-
    able to delinquent actions in social learning theory.

    The conclusion that Paternoster’s deterrence/rational choice
    model is really a learning/bonding model becomes even clearer
    when we examine the measures of these concepts used in the re-
    search to test the model. They are mostly measures used in previ-
    ous tests of social bonding and social learning theory.88 For
    instance, his measure of informal social sanctions (reactions of
    friends and parents) are almost exactly the same as the items Akers
    and others have used to measure differential social reinforcement
    published in a series of articles over the past decade.8 9 His meas-
    ures of moral beliefs also are nearly identical to those that social
    learning theorists use to measure definitions favorable and unfavor-
    able to criminal behavior. What Paternoster labels “illegal opportu-
    nities” is simply the traditional measure of differential peer
    association (reported proportion of friends committing the delin-
    quent acts) that has been used in delinquency research since the
    1950s. Simply taking such measures and re-christening them as ra-
    tional choice variables does not make them so; they are still social
    learning concepts and measures.

    Paternoster did make a brief reference to Akers90 during a dis-
    cussion of deterrence in one of the articles91 but he did not recog-
    nize any of the social learning concepts and measures from Akers’
    article. Furthermore, there is no reference to social learning theory

    87 See Hirschi, Compatibility, supra note 47.
    88 See, e.g., D. ELLIo’Tr, EXPLAINING DELINQUENCY, supra note 78; Akers & Cochran,

    Adolescent Marijuana Use, supra note 22; Krohn, Community Context, supra note 23.
    89 Akers & Krohn, Social Learning and Deviant Behavior, supra note 7; Akers & Cochran,

    supra note 22; Krohn, Community Context, supra note 23; Krohn, Social Learning Theory and
    Smoking, supra note 23.

    90 Akers & Krohn, Social Learning and Deviant Behavior, supra note 8.
    91 Paternoster, Absolute and Restrictive Deterrence, supra note 2.

    [Vol. 81674

    SOCIAL LEARNING THEORY

    in either Paternoster article. Hirschi’s social bonding theory92 fares
    only slightly better in the two Pasternoster articles. Paternoster
    found that the threat of formal legal sanctions is less important than
    the informal social sanctions and “nonlegal consequences.” The
    strongest independent variables in his research are differential peer
    association and moral beliefs. These are exactly the kind of findings
    predicted by social learning. Paternoster had earlier reported very
    similar findings for a very similar model.93 At that time the authors
    made no reference to either the rational choice or economic models,
    but they did discuss the relevance of social learning and social bond-
    ing theories to deterrence. The data, measures, and findings are
    basically the same in the earlier and later articles. What happened
    in six years to transform the same variables from a deterrence model
    explicitly related to social learning and social bonding theory into a
    rational choice model for which bonding has little, and learning has
    no relevance?

    V. CONCLUSIONS

    Assumptions about the level of rationality in criminal acts do
    not distinguish rational choice from current criminological theories.
    The basic ideas and central propositions of deterrence and rational
    choice theory as currently applied in criminology have already been
    captured in the social learning approach to deviant and criminal be-
    havior. Specific measures and application of these principles in re-
    search on rational choice models may be different; the concepts are
    not. In some of the most recent rational choice literature, such as
    Paternoster’s, even the empirical measures do not differ. Social
    learning theory incorporates concepts and processes which the nar-
    row rational choice models do not. When broader models of ra-
    tional choice have been developed, they begin to take on the
    appearance of social learning models.

    By the time that rational choice models began to take hold in
    criminology, there already had developed a rich body of theory and
    research on crime and deviance within the social behaviorist tradi-
    tion, a tradition which already had incorporated the central proposi-
    tion of rational choice theory. Yet, none of that tradition was
    consulted by proponents of rational choice theory. Rather, eco-
    nomic theory was imported and modified as rational choice models
    of crime. These models then were referred to in modifying the de-

    92 Hirschi, Compatibility, supra note 47.
    93 Paternoster, Perceived Risk and Social Control, supra note 19.

    1990] 675

    RONALD L. AKERS

    terrence doctrine in criminology, as if none of the behavioral tradi-
    tion existed.

    One may wish to propose that what seem to be obvious theoret-
    ical links disappear upon closer examination, and that rational
    choice offers a brand new approach with concepts and propositions
    that differ significantly from anything in social learning or other ex-
    tant criminological theory. Such an argument would be difficult to
    sustain however, and no one has yet attempted it. Instead, the issue
    is simply ignored. The links of deterrence and rational choice ex-
    planations to social learning principles are clear and cannot be ex-
    plained away. Social learning is an established, well developed, and
    well researched theory widely known in criminology. Therefore, it
    is incumbent upon rational choice theorists to show how their
    “new” models do or not relate to it. They should also examine
    carefully other existing criminological theories instead of relying on
    blanket characterizations of “traditional criminology.” Reinvention
    of the wheel should be avoided even in criminological theory.

    676 [Vol. 81

      Journal of Criminal Law and Criminology

      Fall 1990

      Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken

      Ronald L. Akers

      Recommended Citation

      Rational Choice, Deterrence, and Social Learning Theory in Criminology: The Path Not Taken

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