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Theory of deterrence
What is deterrence theory essay
Deterrence theory of punishment
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Deterrence theory holds that the fear of punishment prevents people from offending. There are three components of deterrence theory: certainty, severity, and celerity. The effectiveness of deterrence depends on how punishment is executed. Punishment must take place promptly after a crime is committed, and must be proportional to the crime. Punishment cannot focus too much on severity because it could lead to brutality by the State. Although there is obvious logic to deterrence theory, there are some limitations to it. Some crimes are not planned, so the offender cannot take the time to weigh the costs and benefits of a punishment before committing the crime. Many murders can be considered “crimes of passion” because they were unplanned yet took place due to extreme, sudden circumstances. Life imprisonment or the death penalty is not necessarily a deterrent for this type of crime because, usually, the crime is not premeditated. An individual’s …show more content…
The former focuses on preventing recidivism while the latter focuses on stopping would-be offenders from committing crime. Although going to jail prevents some people from committing future crimes, specific deterrence does not acknowledge the role jail can have on individuals continuing to offend. Once an individual has been in jail, depending on their age, race, or ethnicity, they may be labeled as miscreants or thugs. When this label has been applied to an individual, he or she may continue to engage in deviant or criminal behavior because that is what is expected from him or her. Specific deterrence also does not account for people becoming accustomed to prison life. If someone has been incarcerated for an extended period of time, they may experience a culture shock when they leave prison and try to reenter the community. This may cause an individual to offend in order to return to their familiar life in
A popular belief among those who advocate Capital Punishment is that the Death Penalty deters future murderers. However, there is no statistical evidence that proves this is in fact effective. Furthermore, there is no evidence which states the death penalty is any more effective in deterring murder than life imprisonment. Deterrence is also at its most persuasive when it takes place soon after a crime. For example, a child learns not to put his or her hand on a hot stove top because it results in immediate pain and a burnt finger. Because the death penalty takes years to be put into effect deterrence is less effective.
Specific Deterrence vs. General Deterrence: The purpose of punishing and threatening to punish civilians is to diminish or at least limit the frequency of societies’ criminal activity, in terms of deterrence. The wholly aim of deterrence is to obstruct an individual’s potential offense by means of insertion of fear. Specific deterrence solely applies to individuals who have been administered with some type of punishment, that ultimately render him/her with fear of being penalized again when he contemplates on offending in the future. On the other hand, general deterrence applies to the public at large. It refers to a general understanding and fear that certain unlawful behaviors will be followed upon by a punishment.
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.
Incapacitation is a form of punishment that removes an offender from society. This model protects the public by getting the criminals off the street. Deterrence is implemented by punishing a person and using them as an example to deter others from criminal activity or through punishment that deters the individual from committing further acts. Rehabilitation is a prevention model that avoids future criminal activity of an offender by providing treatment and teaching them how to correct their path. Utilitarianism is consistent with preventative models of punishment and suggests that offenders act rationally and punishment that lowers crime will benefit society and outweighs individual harm.
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
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.
These three elements are that punishment must be “swift, certain, and severe”; punishment must be “proportional to the damage caused by the crime”; and that the punishment should be “solely based on deterrence rather than vengeance” (Owen et al, 2012, p. 268). In order for deterrence to work the punishment should be swift. That is because the closer the punishment is to the crime, the more likely the offender would acknowledge the consequences. The offender must realize that he or she will be punished for the crime they have committed rather than believing they will not be punished. Although Beccaria believed that severity is a necessary element for deterrence, it should be limited depending on the extent of severity. It should be severe enough to make the offender realize that the reward of the crime did not outweigh the consequences. There are two types of deterrence, which are general deterrence and specific deterrence. “General deterrence intends to deter all people from committing crime by making an example of those who have” (Owen et al., 2012, p. 267). This creates a fear among people from penalties and convinces them that committing crime will cause more pain than pleasure. “Specific deterrence intends to focus on individuals rather than the general public” (Owen et al, 2012, p. 267). That is by “preventing an individual, who has already been punished, from committing
According to Deathquest, the evidence shows that there is no evidence showing that capital punishment deters more than an alternative non-capital punishment such as life imprisonment without opportunity of parole (LWOP). Available evidence indicates that capital punishment makes no discernible difference on homicide or murder rates. Assumptions and major issues with the deterrence theory include: Most murderers probably do not rationally calculate the consequences of their actions before they act, they doubt that they will be caught,
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).
In addition, Capital punishment is often justified with the argument that by executing locked up murderers. Plenty of Americans citizens argue against deterrence as the statistical evidence doesn't confirm that deterrence works. Some of those executed may not have been capable of being deterred because of medical problem; a few of some capital offense are devoted in such an emotional state that the perpetrator did not think about the possible consequences. No one knows whether the death penalty deters more than life imprisonment. Deterrence is most effective when the punishment happens soon after the crime to make an analogy; when we were growing up as children we learns not to put our hands in the fire, because the consequence is instant pain. The more the legal process takes for the punishment of the crime, either in time, or certainty, the less effective a deterrent the punishment will probably be.
On the other side of the debate, there are those that believe that the death penalty is a deterrent. For most criminals, they are aware of the fact that if they get caught, they will be sent to prison. However, other than being sent to prison, there are not really any other repercussions for committing a crime. They argue that if a person were to be presented with the possibility of the death penalty, they would more than likely think twice about their actions and realize that there are more risks than just im...
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
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
Deterrence means to punish somebody as an example and to create fear in other people for the punishment. Death penalty is one of those extreme punishments that would create fear in the mind of any sane person. Ernest van den Haag, in his article "On Deterrence and the Death Penalty" mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears" (193). Everybody fears death, even animals. Most criminals would think twice if they knew their own lives were at stake. Although there is no statistical evidence that death penalty deters crime, but we have to agree that most of us fear death. Suppose there is no death penalty in a state and life imprisonment without parole is the maximum punishment. What is stopping a prisoner who is facing a life imprisonment without parole to commit another murder in the prison? According to Paul Van Slambrouck, " Assaults in prisons all over US, both against fellow inmates and against staff, have more than doubled in the past decade, according to statistics gathered by the Criminal Justice Institute in Middletown, Connecticut" (Christian Science Monitor, Internet).