Lynn Stout’s Cultivating Conscience Cultivating Conscience is a book in which the author, Lynn Stout, debates the effectiveness of using material incentives in law as a way to lessen the amount criminal activities performed in modern society. Material incentives, according to Stout, are only part of the complex equation that is behavior. Throughout the book the author gives examples of research-based theories that prove there are many other ways to lessen delinquent activities that do not involve punishment or prison. These tests have proven that there are three main factors needed to influence human behavior and in turn, cultivate conscience. These factors, according to Lynn Stout, when implemented into the American legal system can change American’s views and actions for the better. Part one of her book focuses on scientific theories put into play with real members of society using ultimatum and contribution games. Many of which focused on the reasoning behind why some individuals are more apt to give than receive at certain times. By the end of part one, Stout has concluded that in order to appeal to positive human behavior, three main social cues must be in play; instructions from authority, beliefs about others’ unselfishness, and the perceived benefits to others. Using these studies Stout has challenged the commonly accepted notion of the Economic Man, theorized by Supreme Court Justice, Oliver Wendell Holmes, Jr. in the early twentieth century. Stout then launches
375) and by using this hedonistic calculus people will refrain from committing crimes. This concept focuses on the punishment fitting the criminal and on preventing future crimes from occurring. The three most important factors in effectively deterring a criminal from further crimes are the severity of the punishment, the certainty of the punishment, and the swiftness of the punishment. If criminal doesn’t believe he will be punished or he feels the punishment is minor in comparison to the crime or if the punishment is not swift enough, then he/she will not be deterred from committing crimes. Studies on the effectiveness of deterrence have shown to be inconclusive. The deficient areas of deterrence are crimes committed in the heat of passions, crimes committed under the influence of drugs or alcohol, and the massive backlog of cases in the nation’s courts (Neubauer & Fradella, 2008).
The general deterrence concept was remarkable because punishment decreased crime. Ever since the number of police were put on the street, the delinquency rate has undergone a two-decade decline. Now, the problem occurs when certain youths continue to do crime after serving punishment. In some instances, experiencing punishment may actually increase the likelihood that offenders may commit new crimes. Especially for juveniles that live in troubled neighborhoods punishment will not lead to any drop on the crime rate. They care about committing crimes that are profitable and beneficial to them rather than worrying about getting
A number of studies do, in fact, find that young people do seek justification before engaging in delinquent behavior (Siegel and Welsh, 2015). But Ronald Akers (1997) asserts that adherence to neutralizing attitudes has been found to be moderately related to delinquent and criminal behavior. Akers suggests that while there is support for the theory it may be because neutralization attitudes dispose individuals to violating the law – instead of offering rationalizations for committing delinquent acts.
The most common belief about criminals is that they will become repeat offenders, because they have no conscience. Looking through this narrow scope, criminals are just criminals, not human. One might assume that it is true, how could someone who committed a cold hard crime, especially murder, have any soul? However, in this essay, I will argue that through proper counseling criminals obtain the proper assistance their resocialization journey.
Within the Criminal Justice system, comes a structure of both practices as well as organizations that main role is to uphold not only social jurisdiction, but to discourage and diminish criminal activity. The Criminal Justice system also sanctions those who violate the laws of the land with penalties and reintegration of the criminals into society. In the United States, our policy has been guided by the 1967 President 's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report 'The Challenge of Crime in a Free Society ' (President’s Commission on Law Enforcement and Administration of Justice [Presidents Commission], 1967).
The penal system in the United States is often portrayed as being tough on crime, but to many other western nations the penal system in the United States is viewed as a broken system (Mallory, 2006). While this is a tough critique, the American incarceration rate is the highest in the world at over 714 per 100,000 U.S. citizens (Walmsley, 2008). This rate is much higher than many of other western European countries, whose average incarceration rate is only 95 per 100,000 citizens (Stern, 2002; Walmsley, 2008). America’s higher rate of incarceration might be more acceptable if it resulted in a safer society. Consequently, one could reasonably conclude that the United States’ political agenda for increasing punishment to decrease crime yields an ineffective result. Therefore, in the
It allows us to examine what makes crime acceptable and desirable in the minds of potential criminals, and it gives us the tools necessary to use a proactive rather than reactive approach to crime control. To look at crime from a psychological point of view is nothing new. However, use of this technique may lead to better methods of deterrence. To begin, we must understand what the concepts are that have shaped the average person’s mind. In general the average person is faced with the concepts of determinism, free will, and social identity as they mature into adulthood.
Inmates must be able to make rational choices instead of choosing to commit crimes. Inmates currently do not possess the ability to examine the various options available and then weight the potential consequences for each decision. Individuals often make decisions that have the highest pleasure reward with immediate satisfaction without bearing in mind the negative consequences they will incur. By creating an environment conducive to better decision making a prisoner will be conditioned to respond more favorably to options given. The prison environment is one where any actions not designated as legal will be
The Deterrence theory is a key element in the Criminal Justice System. It’s principles about justice appeal to us because it adapts to our ideas of what we identify as fairness. Punish the sinful and the ones who break the law, swiftly, to the extent that pain will dissuade them from committing a crime ever again. Its sole purpose, to instill fear. Fear of breaking the law because of its punishments. We not only use this theory to punish criminals, but it is a basis in which we raise our kids and pets on, that breaking the rules can lead to consequences. The deterrence theory says that people obey the law because they are scared of getting caught and being punished. It is said that people do not commit crimes because they are afraid of getting caught, instead they are being motivated by some other deep need. In my paper, I will address the two theorists who re-conceptualized the deterrence theory, the principles and two types of deterrence as well as give short insight into my own opinions on the deterrence theory.
The Catechism of the Catholic Church defines conscience as, “ a judgment of reason whereby the human person recognizes the moral quality of a concrete act that he is going to perform, is in the process of performing, or has already completed” (CCC, 1778). There are other dictionary definitions of conscience, but they do not take Catholic morals into consideration. While conscience can be affected by many deteriorating factors like peer pressure, the Catholic Church provides methods on how a conscience should act. There are many examples of ethical problems people face in their everyday lives, and techniques like the SEER method help them get through those moral dilemmas. There are many things people assume a conscience is and is not. The Catholic
Andrews, D. A., & Bonta, J. (2006). The psychology of criminal conduct (4th ed.). Cincinnati: Anderson.
I will discuss the nuances of the deterrence theory and whether or not it’s a viable form of preventing crime. The reason we have laws and punishments is to deter people from committing crimes. Deterrence is an inherent concept within criminal law. Many believe that people will commit crimes regardless of deterrence and therefore efforts to deter are in vein. I will delve into Cesare Beccaria’s view on deterrence and whether he thought it was practical for decreasing crime. I will talk about deviance and what makes a person deviant. I believe deviance has a direct correlation with deterrence. Lastly I will determine if deterrence is indeed efficient and effective or if it has no effect.
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
In classical theory, the main objective of study is the offence and the nature of the offender is a rational, free-willed, calculating and normal individual (Aker, 2012). However, it became apparent that some were more motivated to commit crime than others, regardless of deterrence. Therefore, the classical doctrine cannot account for re-offending. Based on empirical research done on convicted offenders, the notion of deterrence was rarely given thought of (Burke, 2013). Initially, most offenders give a lot of thought to the notion of punishment; however, in the process of committing the offence, offenders give little consideration to deterrence and consequences. As a result, this defies whether the purpose of deterrence is, in fact, achieving what it is meant to (Burke, 2013). The model is idealistic, that individuals could be controlled by the threat of punishment- by the likelihood of arrest, prosecution and
In an age where violent crime is more dominant than ever and morality is not heard of, there arise many problems that result from each other. The past thirty years, our society has been determined to secularize itself and to separate from many moral standards that root from the Bible. Since moral values were removed from schools in the 1960's, crime and immorality has steadily risen. It is evident that declining morals has a direct effect on the crime rate.