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 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 idea of capital punishment deterring crime is difficult to determine; some could rationalize that the death penalty should in theory stop potential murders from committing crimes. However, this rationalization has never been concretely proven. The research into capital punishment’s effect on deterrence is immense; however, the majority of research on this issue has differential findings. Although some research suggests conclusively that capital punishment deters crime, others found that it fails to do this. Understanding deterrence, the death penalty, and the results of
In The Land of Open Graves, Anthropologist Jason De León provides semi fictionalize personal stories of how US immigration policy effects the lives of border crossers. De León focuses on “Prevention through Deterrence”, the strategy of guiding border crossers towards the Sonoran Desert in order to let the hostile conditions discourage potential crossers and punish those who follow through. De León humanizes his ethnography in order to illustrate the pain and suffering that “Prevention through Deterrence” has caused.
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
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
The term deterrence underlines the discouragement of an individual from doing something for doubt or fear (Tonry 24). Casare Beccaria, the father of classical criminology, believed that certainty, severity, and swiftness could deter crime. He expressed that as certainty of penalization goes up, the less likely someone is to transgress the law. So if the criminals figure out that they would be penalized, they would be more discouraged to commit a crime. He strongly believes that the laws need to be very clear and must always be enforced. His second principle of deterrence expressed that the more swift the punishment is set in, the less likely crime will transpire. Beccaria believes that the less time between the crime and the penalization, the more vigorous impact it would
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.
This paper defines and analyzes Beccaria's concept of deterrence and the three key elements of punishment. The concept of deterrence is a classical school and rational choice model that emphasis punishment in order to deter crime. The three key elements of punishment used in order to deter crime include: the swiftness of punishment, the certainty of punishment, and the severity of punishment. It discusses which of these elements Beccaria thought was the most and least important, as well as my personal opinions. Also included in this paper are real-life examples of deterrence and the elements of punishment that they use.
Deterrence is the primary source when defining criminal law. According to dictionary.com deterrence “is a law that was passed that includes the breakdown of punishments and uses then as fear tactics; to disappoint individual criminal defendants from becoming reappearance offenders and to discourage others in society from engaging in similar criminal activity.’ (Dictionary 1). Deterrence work in two ways; large population and the punishment of wrongdoers. Deterrence is aimed at the individual; once the law has been violated, and the significance realized, that individual should have a new and enhanced understanding of the individual cost of illegal behavior. One of the biggest consequences for the individual in the justice system in
The concept of deterrence means that people should be punished to set an example for others. One assumption is that if a particular punishment is placed on offenders, it will keep them from committing others crimes. The next assumption is keeping others from committing crimes. According to Amnesty USA, different studies have shown different stances on whether or not the death penalty has an effect on crime. Other studies have shown that Over 80 percent of those polled believe that the present research does not support a deterrence effect for the death penalty (dealthpenaltyinfo.org).
Ever since the beginning of time man has committed crimes. Crimes were described as acts which go against the social and moral norms of society and people. People have learned to deal with these crimes in many different ways. One of the most used forms of dealing with crime is punishing those who commit crimes. There are numerous ways in which people have punished those who commit crimes throughout history from making the criminal pay fines to banishing them from the community. However, in modern times, there are fewer acceptable forms of punishment that are used. For very unserious crimes, governments may simply make a criminal pay a small fine or do service for the community in some way. Offenders who
Juveniles around the United States are committing crimes every day. When they commit these crimes, they may not know of the consequences that come with committing the crimes until they get caught. These young children or teenagers need to start learning the consequences of committing a crime before they grow older because if they do not learn, they will make their life miserable. The deterrence theory would be a perfect way to keep these young people out of trouble. Deterrence would play a huge role in to getting these young children or teenagers on the right path of their life. If you show them what the consequences would be or even give them real life experience they would be deterred from doing the things they have done in the past.
Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well-developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes.