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Criminal justice theory of deterrence
Theories on deterrence
Criminal justice theory of deterrence
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Cesare Bonesana is mostly known for the classical criminology. His work was based on a kind of free-will rationalistic hedonism. Deterrence theory of crime is to deject an individual from doing something bad through terror or hesitation, the prevention of crime. Two basic types of deterrence are general and specific. General deterrence is to stop a specific criminal from appealing in repeat crime, for example driving under the influence. Specific deterrence is the criminal punishing to stop a specific criminal from appealing in a repeat crime. One key assumption of deterrence theory is self-interest which is the knowledge that an occasion will most likely not take place unless the individual have a feeling they will value from it. Beccaria …show more content…
wrote on Crimes and Punishment stating that the purpose of punishment should be deterrence, rather than retribution, and that such punishment should be swift, should fit the crime, and should be certain. He believed that punishment should always be equal to the seriousness of offenses. Offenders than would be deterred meaning it would lead them to avoid committing crimes in the future. Deterrence theory was one of the theories that made the criminal justice more logical and rational.
Bonesana had eight great ideas to make the criminal justice system effective which the first one was he explain the crime should be to define crimes and know the specific punishment of each crime. The second one was that he believe the judges should be to determine guilt saying that they should have no discretion. The third one was the seriousness of the crime is determine of the cause of the society. Next one he believe that the punishment should be equal to the seriousness of the crime. The following one he said that punishment is unjust when severity exceeds what is necessary to achieve deterrence. The sixth one he believe that excessive severity not only failed but it was increasing the crime rate. After that one he said that punishment should be more prompt meaning that the punishment should be more closely to the crime and it will be useful. Finally the last one is that he believe the punishment should be certain. He also believed that the laws should be published so people can know what they are. The main argument for deterrence theory many people trust that individuals don’t commit criminalities because they are scared of getting in …show more content…
trouble. It’s called rational choice theory which we as humans have. People that chose to commit crime are usually people that need personal need, mental personal need, mental state, lack of legitimate economic alternatives. There are 3 types of deterrence research that Nagin came up with which the first one is that they target specific types of crime, for example drunk driving which they have certain checkpoints for that. The second type is they involve surveys which individuals are asked about their views of being punished for crimes and if they actually committed the crime or just envisioned to. The last type is they examine the criminal justice rules in different powers and the crimes rates to see if there is a deterrent effect which they are pretty much comparing and contrasting. At the end, there’s no way to measure the amount of effective deterrence but it does decrease the crime rates. We learned that certainty, severity, swiftness decreases crimes. A great scenario to apply the deterrence theory will be two kids trying to steal a corner store.
They were both walking back from the park when one of the kid name Bob decide to steal the corner store since none of them had money to buy anything. As they got closer to the store, one of the kid name Greg decide to back off the plan because he thought of the punishment of committing the crime that would happen to him if he committed it. As Bob didn’t really care because the punishment of the crime didn’t really fear him but did fear for Greg. As the other kid left, Bob that did committed the crime end up getting arrested and book into jails about 4 months. The punishment he got was certainty, severity and swiftness. Later, when he gotten out of jail he didn’t commit any more crimes in the future because he feared the punishment now that would happen to him if he commits another crime. So when you know the punishment of the crime, you fear for it so you won’t commit it. That’s how most crimes decreases because the fear of the punishment. You also have to think to yourself about committing the crime worth it? Does it benefit you or not? Another great scenario for deterrence theory is driving past the speed limit. Knowing what can be the punishment for driving over the speed limit may slow people down to drive the speed limit because you are fear of the punishment because maybe you don’t want to deal with a ticket or the police in your face. For example, I’m driving to Dixie
State University on a Friday morning to my 10am class which I’m already late and the drive is about 20 minutes. As I’m driving to Dixie I decided to drive a little faster because I’m already late and I know that the speed limit is 35 which I’m going at a 50 speed and I get pulled over as I pull up to the school. The officer gives me a big ticket for driving past the speed limit and for driving recklessly. As I come out to find out the ticket fine is about 2,000 dollars. So the next time I’m driving, I’m making sure I’m driving the speed limit because I know what the punishment can be for driving over the speed limit now so I fear for committing the crime. Another great example is drunk driving. The one commercial saying that the police are watching you everywhere when you are driving under the influence. The police appears to be hiding behind the walls and the side of the street. Anywhere you drive the police are there watching you. The whole point of this commercial is to stop people from driving under the influence. It’s to fear people that police are actually watching you everywhere so you won’t drive under the influence. Also the commercial gives a message saying is it worth driving under the influence when the police are everywhere. It’s not worth driving under the influence when you know the police are watching you everywhere. Here is the link to that commercial https://www.youtube.com/watch?v=yCNxgzZac80 . We use deterrence theory for pretty much everything in the criminal world. We want people to fear for the punishment so they won’t commit any crimes. I think deterrence theory actually does help because it decreases the crime rates.
Houser, K. (2014). Nature of Crime, Deterrence Theory. Lecture conducted from Temple University, Ambler, Pa.
In the May 1993 issue of the Journal of Research in Crime and Delinquency, the introduction of the reconceptualized deterrence theory was presented, explaining that general and specific deterrence are both functions of crime. Mark C. Stafford, an Associate Professor of Sociology and Associate Rural Sociologist at Washington State University, and Mark Warr, an Associate Professor of Sociology at the University of Texas in Austin, introduced this theory. They argued that there is no reason to have multiple theories for general and specific deterrence. Rather, a single theory is possible that centers on indirect experience with legal punishment and punishment avoidance and direct experience with legal punishment and avoidance.1 General deterrence includes the knowledge of criminal acts performed by others and the consequences or absence of consequences from the activity. Specific deterrence relies upon personal experience of punishment and the avoidance of punishment for a criminal activity previously committed. Both Stafford and Warr theorized that people are exposed to both types of deterrents, with some people exposed to more of one type than the other. In addition both general and specific deterrence effects may coincide with each other and act as reinforcement.
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
...presented by Giordano et al. and Kreager et al. that note its limitations. Laub and Sampson’s theory is detailed and extensive in its explanation of why individuals desist from crime.
She makes two points of difference between the views of deterrence and the moral education theory. First, in the moral view of education, the state is concerned to educate its citizens morally so they will not choose the wrong behavior (Hampton, 276). Secondly, the criminal is not to be used for social engineering (Hampton, 276). The second point is important. Deterrence justification of punishment is often used as a warning or an example to others to not do this action. Eventually, that would be a side effect of any public form of punishment which the moral view of education does not rule out. However, deterrence’s means to the end is a social purpose, using the criminal as the
...ifferent crime patterns and thought processes of criminals. The reasons can only come from these theories and will help the justice systems become more prepared to react towards different crimes. However, with adding some enhancements, projects and experiments these two theories have the potential to change the criminology realm forever.
The belief is there is a certain system that is designed to deter criminal behaviour and that crimes must be dealt with robustly. The two key types of deterrence, are individual and general deterrence. Individual deterrence is concerned with the delinquent itself in committing criminal acts and the mental thinking in contrast to general deterrence which is a message aimed at the wider community or public (Scott and Flynn, 2014). Preventing future crimes through punishment was an idea that developed from the respected works of Cesare Beccaria and Jeremy Bentham.The argument stated by Beccaria was that the punishment should be proportionate to the crime committed andbased on damage done to society. Hence punishment in this case is justified in terms of upholding social values in society. The pleasure gained from the offence should be outweighed by the punishment carried out. Therefore the individual should be deterred from carrying out criminal acts in the future which is safer for society as a result further justifying the reasons for
Deterrence – is connected to punishment where it is a way to let a person who has committed a crime know and to let the rest of society or those looking to commit a crime know it will not be tolerated or accepted and there is the possibility of some form of punishment. (Stojkovic and Lovell 2013) If a person or society sees what can happen if they commit a crime by seeing what happens to others then they are more likely to obey the laws and live an honest lifestyle.
Deterrence theory of crime is a method in which punishment is used to dissuade people from committing crimes. There are two types of deterrence: general and specific. General deterrence is punishment to an individual to stop the society as a whole from committing crimes. In other word, it is using the punishment as an example to “scare” society from precipitating in criminal acts. Under general deterrence, publicity is a major part of deterrence. Crime and their punishments being showing in the media or being told person to person can be used to deter crime. Specific deterrence is punishment to the individual to stop that individual from committing other crimes in the future. This type of deterrence is used to teach the individual a lesson whatever action that participated in. Specific deterrence is founded on a principle called hedonistic calculus meaning, “an assumption that human nature leads people to pursue pleasure and avoid pain” (Brown, Esbensen, & Geis, 2010, p 155).
There are several aspects within deterrence that are important to understand when discussing the theories of deterrence and labeling. According to the deterrence theory, there are two different classifications of deterrence—specific and general. First, specific deterrence is defined as apprehending an offender and punishing him or her which will refrain them from repeating crimes if they are caught and punished by the criminal justice system (Akers and Sellers, 16). Secondly, general deterrence is defined as the states way of punishing society for a crime that they have not committed, while using a certain group of people who have committed that crime. By doing so, those who are in charge of punishment, inflict fear on members
One aspect in the Rational Choice theory that relates to deterrence and classical theorists is Routine Activity theory. Routine Activity Theory is when people are victimized because of everyday interactions. These three factors that cause people to be victimized include people that seem vulnerable enough to be victimized, places where there aren’t a lot of police activity and proper guardianship are places where people will most likely be victimized, and when a person wants to commit or is thinking about committing a crime, that person will most likely commit that crime. This theory is based off of people’s rational choice to and their free will to commit a crime. Classical criminologists like Cesare Beccaria, believed that people who made rational choices to commit a crime, their punishment should
Classical theory explores the idea that crime is the intent to commit, rather than a reaction to an unfavorable situation. This theory believes that a committed crime was intended to gain ‘self-seeking and self interest’ and because of this belief this theory believe that the criminals have to take full responsibility of there actions. Two known advocates of Classical theories are Cesane Beccaria and Jeremy Bentham. Their ideologies revolve around classical theory and have greatly influenced, through the creation of laws, rules and regulations, which have impacted society today.
These days’ criminal justice policies sometimes are based on the foundations of Deterrence Theory. For example programs such as boots camps for teenage offenders and “scared straight” programs continue to rely on the deterrence theory. Criminologists are working in the direction of expanding the deterrence concepts from certainty, severity, and celerity. Deterrence theory is common used in routine
The theory of free will is largely seen in the classical period of criminology which started in the 18th century, which was used by Beccaria. Whereas the opposite theory was of treatment of criminals (biological theory) which was used by Lombroso in the 19th century. The two different theories resulted in a clash of views and saw the need for the nurture versus nature argument in criminology as rehabilitation focused on the idea that criminals were responsible for their crimes as they had choice of free will whilst treatment focused on the idea that criminals were born of criminal nature and therefore were biologically prone to commit crimes which they would need medical treatment in order to keep their instincts