刑事司法における合理的選択理論の思潮

その時代背景と問題点

抄録

In America, from the middle of 1960's, rational choice theory attract a great deal of attention in criminal justice system. This article describes this theory through "back ground assumptions" which was proposed by Alvin Gouldner. Rational choice theory can go back to Cesare Beccaria and Jeremy Bentham in the late of eighteenth century. Their argument were based on a campaign for enlightenment which belive that criminals are free, rational, and hedonistic. After 100 years, Gary Becker revived the economic approach for criminal behavior. It improved their contributions as resurrection, modernization. And his thought was accepted to criminal justice system in a friendly way. This attention was caused by situation of economics and criminology surrounding criminal policies. Economics was looking for the field to apply to its knowledge. At the same time, after the an utter failure of criminal policy based on "Great Society", criminal justice system was looking for the inexpensive criminal policy. These two factor pushed the Becker's approach from economics and pulled it to criminology. This approach developed decision making process models. This development was reflection of the criminal justice systems in America, which practically did not work because of like "Syndrome" proposed by psychopathologist. Some problems can be pointed out through background assumptions of rational choice theory. There are the consistency and fluctuation of criminal justice system, the tendency to severe heavy punishment, and the relationship to relativity about criminals.