- See also: deterrence (psychological)
Deterrence is but a theory from behavioral psychology about preventing or controlling actions or behavior through fear of punishment or retribution...
Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Deterrence can be divided into three separate categories.
Specific deterrence focuses on the individual in question. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences.
General or indirect deterrence focuses on general prevention of crime by making examples of specific deviants.
- See also: deterrence (psychological)
Deterrence is but a theory from behavioral psychology about preventing or controlling actions or behavior through fear of punishment or retribution...
Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Deterrence can be divided into three separate categories.
Specific deterrence focuses on the individual in question. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences.
General or indirect deterrence focuses on general prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the
rational choice theoryIn criminology, the rational choice theory adopts a utilitarian belief that man is a reasoning actor who weighs means and ends, costs and benefits, and makes a rational choice....
and can be traced to
Cesare BeccariaBeccaria redirects here. This article is about the philosopher and politician. For the physicist please see Giovanni Battista Beccaria.Cesare, Marquis of Beccaria-Bonesana was an Italian philosopher and politician best known for his treatise On Crimes and Punishments , which condemned torture and...
whose well-known treatise
On Crimes and PunishmentsDei delitti e delle pene is a seminal treatise on legal reform written by the Italian philosopher and thinker Cesare Beccaria between 1763 and 1764....
(1764), condemned
tortureTorture, according to the United Nations Convention Against Torture, is:In addition to state-sponsored torture, individuals or groups may be motivated to inflict torture on others for similar reasons to those of a state; however, the motive for torture can also be for the sadistic gratification of...
and the death penalty and
Jeremy BenthamJeremy Bentham was an English jurist, philosopher, and legal and social reformer. He was the brother of Samuel Bentham. He was a political radical, and a leading theorist in Anglo-American philosophy of law...
who made two distinct attempts during his life to critique the
death penaltyCapital punishment or the death penalty, is the execution of a person by judicial process as a punishment for an offense. Crimes that can result in a death penalty are known as capital crimes or capital offences....
.
IncapacitationIncapacitation in the context of sentencing philosophy refers to the effect of a sentence in terms of positively preventing future offending....
is considered by some to be a subset of specific deterrence. Incapacitation aims to prevent future crimes not by
rehabilitatingRehabilitation means; To restore to useful life, as through therapy and education or To restore to good condition, operation, or capacity....
the individual but rather from taking away his ability to commit such acts. Under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while there they will be unable to engage in crime.
Criticism
It has been argued that deterrence is ineffective at achieving its ultimate goal. Critics of specific deterrence argue that offenders do not pause to consider the possible punishment for a crime they are about to commit, especially in the heat of the moment, and when drugs or alcohol are involved. Some suggest that potential offenders are more likely to be deterred by the threat of being caught rather than the threat of punishment, citing an example of the crime rate falling dramatically in areas where
closed-circuit televisionClosed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors.It differs from broadcast television in that the signal is not openly transmitted, though it may employ point to point wireless links...
surveillance systems were introduced. General deterrence has also been heavily criticised for relying on publicity of heavy punishments; it has been described as "the least effective and least fair principle of
sentencingIn law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence generally involves a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
".