Rational Choice Theory in Criminal Law: A Case Study of Murder

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This essay delves into the application of rational choice theory within the realm of criminal law, examining how individuals make decisions to commit crimes. The core of the theory suggests that criminals weigh the potential benefits and risks before engaging in illegal activities. The essay discusses the theory's connection to concepts like deterrence and situational crime prevention, offering insights into how these approaches can be used to reduce crime. The case of the Jassi Sidhu murder is presented as a case study to illustrate the theory's practical implications, analyzing the motivations and planning behind the crime. The essay also addresses the limitations of rational choice theory and its role in criminology, highlighting its utility in understanding and preventing criminal behavior. The paper concludes by restating the importance of understanding rational choice theory in criminology.
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Criminal Law
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Table of Contents
Introduction......................................................................................................................................3
Main Context...................................................................................................................................3
Conclusion.......................................................................................................................................6
References........................................................................................................................................7
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Introduction
Rational choice theory is a theory on which an individual can rely on for rational calculation to
achieve outcomes that are in line with their personal objectives. People can have great
satisfaction or benefit through these decisions as they can get available chooses that are in their
highest self-interest. It is being assumed by most of the mainstream academies that the theories
are based on rational choices. It is also being assumed by the rational choice theory that most of
the people try to minimize their advantage in any situation and at the same time also try to
minimize their losses. The theory also stipulates all complex social phenomena that are being
driven by the action of an individual (Bonger, 2016).
It has been found by an economist that having knowledge of rational decisions can help an
individual in understanding the behavior of society as a whole. There is also a misconception
about this theory that is attribution of selfishness to this theory. It is considered to be an idea that
is being acted by individuals in their self-interest and that is logical. An individual might
consider choosing to be charitable if it makes them feel better about themselves. Rational
theories are not a complex theory it is just about how we think crime is brought about. It might or
might not help in getting an accurate understanding of crime (Gates & Schmalleger, 2018). The
professional in the field of criminology justice identify the value of the theory by judging the
facts and where it fits in.
There are many theories that help in knowing that what the causes that makes people to commit
crime or to continue committing crime. Some of these theory states that people commit crime
because of their personality traits that make a person to commit a crime. It has been sated by
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many scholars that people often commit crime because of their culture to want something, like
monetary success, but most of time access of this success get denied and this lead an individual
towards criminal activity. The rational choice theory of crime is one of these theories. The theory
of deterrence can be considered as a subtype of rational choice theory.
Rational choice theory argues that the criminal activities are deterred or inhabit due to the
punishment that might be associated with crime. Criminology can be considered as scientific
study of crimes and its origins. It always looking for answers of important questions, like why
others do not commit crime but certain people does? Is it possible to predict criminal activity?
How crime can be prevented? Rational choice theory that is theoretical model of prominent in
many filed can be applied and also be helpful in studding of crime.
Main Context
The topic of this essay is “Murder”. Mother murdered her own daughter with the help of her
uncle. DT is the other side of RCT. RCT explains and individuals’ personal choice like an
individual will commit a crime or not. It helps in suggesting more promising ways to reduce
crime like situational crime prevention. Having proper knowledge of Rational Choice theory can
help in evaluating how criminals make the decision to commit a crime and by knowing this
certain action can be taken to reduce these kinds of opportunities for the offenders. Installation of
an alarm system can help in preventing a potential burglary in an individual's house and is also a
purpose of deterrence theory (Radovanovic, 2014).
Deterrence theory and rational choice theory both works together while answering the call of
murder and whether the consequence of death is a rational penalty for obligating a murder. It is
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explained by personal choice that is made by an individual for committing a crime. The answer
to the personal choice for committing a crime is deterrence theory and purpose of this
explanation is justifying the death penalty and it needs to suffice an effective deterrent for
committing the murder. Both the theories deterrence theory and rational choice theory were
criticized for a solution to preventing murders. Both the theories provide swift, quick and certain
death to criminals who have committed murder, but at the same time, this may not help always in
getting the correct answer.
However, it is being answered by both the theories that the murder committed by an individual is
a rational choice or not and the answer of this question is also, unfortunately, lay down the issues
with deterrence and rational choice consider as a solution to committing murder. This theory can
be applied to multiple crimes such as drug use, vandalism, robbery, and white color crime.
Rational choice theory explains that criminal itself make the decision to commit a crime or not. It
is required for them to make careful decisions and plans after weighing its benefits and costs.
Criminals are getting punished like fins and imprisonment and that can be a lesson for others
who might think of committing a crime. In other word the theory explain the set of ideas
regarding the relationship between preference of criminals and the choices made by them.
Criminals are also getting affected by the factors of risk-taking such as a professional gambler
will take risk even after knowing that it is a crime and it can lead to him impressment and on the
other hand an individual who does not ever involved in gambling will afraid of it and might even
drop the idea of gambling as it is criminal activity (Zafirovski, 2012).
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There is a case of “Jassi Sidhu Murder 2000”. Jaswinder Kaur “Jassi” Sidhu (Aug.4,1975-
June.8,2000) was an Indian beautician based in Canada. She grew up in a wealthy family in
Fraser Vally, BC, and Canada. They had migrated from Punjab, India. Jassi fall in love with a
Sukhwinder Singh Sidhu he was born in a poor family (Little, 2019). They have met in Punjab in
the city of Jagron Ludhiana in the year of 1994. They had been in touch for around six years and
after that, we decided to get married against the wish of Jassi’s mother and other relatives. After
they got married she and her husband were attacked by the group of armed men during his their
trip to India.
Jassi had been killed brutally and dumped in an irrigation canal. Fortunately, Sukhwinder was
alive but had some serious injuries. An investigation has been conducted and it was being found
that the mother of Jassi and her uncle were involved in murdering her own daughter and both of
them were accused as well. The case took almost 18 years for getting resolved and the decision
was in favor of Jassi in 20018. This has become possible with the help of Indian and Canadian
government co-operation. Jassi’s mother and uncle had arrived in Delhi, India to face the charges
(Cbc, 2019).
It is unlawful of killing one human, intentionally and with malice though. It is a state of mind
that makes an individual murderer (Indianexpress, 2019). Criminals can be divided into two
different categories, first-degree murder (intentional murder that is willful and pre-planned with
malice thoughts) and the other one is a second degree (same as a first degree but without any
planning).
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The first-degree murder can be applied to those situations where someone is accused of killing
another person after having a plan to kill the victim. It requires evil intent and planning. The
most severe punishment is getting reserved for these kinds of criminal activities. Second-degree
murder can also be considered as serious as first-degree murder in most situations. The criminal
may face life imprisonment or some harsh punishment but not the death sentence (Little, 2019).
Conclusion
RCT explains and individuals’ personal choice like an individual will commit a crime or not. It
helps in suggesting more promising ways to reduce crime like situational crime prevention.
Having proper knowledge of Rational Choice theory can help in evaluating how criminals make
the decision to commit a crime and by knowing this certain action can be taken to reduce these
kinds of opportunities for the offenders. It might or might not help in getting an accurate
understanding of crime. Criminology can be considered as scientific study of crimes and its
origins and rational choice theory. Criminology can be considered as scientific study of crimes
and its origins. It always looking for answers of important questions and rational choice theory is
the only theory that can help in getting answer of these questions.
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References
Bonger, W. (2016). Introduction to criminology (3rd ed.). United States of America: Taylor &
Francis.
Cbc. (2019). 18 years after Jassi Sidhu's killing, concerns voiced about trial's outcome | CBC
News. Retrieved from https://www.cbc.ca/news/canada/british-columbia/18-years-after-
jassi-sidhu-s-killing-concerns-voiced-about-trial-s-outcome-1.4992270
Gates, M., & Schmalleger, F. (2018). Canadian criminology today--theories and applications,
third edition [by] Schmalleger, Volk (6th ed.). Toronto: Pearson Education Canada.
Little, S. (2019). Mother and uncle of Jassi Sidhu extradited to India to face honour killing
charges. Retrieved from https://globalnews.ca/news/4882057/jassi-sidhu-extradition/
Radovanovic, B. (2014). Commitment-based action: Rational choice theory and
contrapreferential choice. Filozofija I Drustvo, 25(3), 313-322. doi: 10.2298/fid1403313r
Zafirovski, M. (2012). Beneath rational choice: Elements of ‘irrational choice theory’. Current
Sociology, 61(1), 3-21. doi: 10.1177/0011392112465872
Indianexpress. (2019). Jassi honour killing: What did they get out of it? Our love has only
grown, says husband. Retrieved from https://indianexpress.com/article/india/jassi-honour-
killing-what-did-they-get-out-of-it-our-love-has-only-grown-says-husband-4836343/
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