Although there are a number of practices within the criminal
law system that are based on folk psychological theories,
this article will focus on two: (a) the assumption within the
law that people have free will and therefore when they make
bad choices it makes sense to punish them; and (b) the
assumption that people generally make rational choices.
This article will first briefly discuss how folk psychologies
arise, and why they continue to exist. It will then present
evidence that the theories of free will and of rational choice
are not supported by psychological research. Finally, it will
propose an alternative view of criminal behavior. A major
component of this alternative view is that crime may be
much better explained by factors such as a low stage of
development, high impulsivity, use of drugs, and poor
attachment, suggesting that crime may be better addressed
by intensive rehabilitation and supervision, not punishment.