Deterrence In The Criminal Justice System

“The Prison and Probation Service has two main goals: To contribute to the reduction of criminality, and to work to increase safety in society. To achieve these goals we work with sentenced persons in order to improve their possibilities of living a life without committing new crimes.” (Linstrom and Leijonram)

Probation, as defined by Bartollas and Siegel, is “a form of punishment which allows the offender to remain in the community under supervision of a probation officer and is subject to certain conditions as set forth by the court” (2013). As such, the issue of probation supervision presents several challenges unique to this type of judicial punishment.

The issue is intermediate sanctions and community corrections within the correctional practices. The two classic forms of punishment/supervision for crimes in the United States are imprisonment and probation. Imprisonment is extremely expensive, often too harsh for both the offender and his/her family based on the crime committed, and tends to be far less effective than hoped in rehabilitating the offender. Probation is used far more frequently than imprisonment but is problematic because many repeat offenders have already unsuccessfully undergone prior probation and there is a lack of supervision due to the heavy caseloads of probation department caseworkers. Faced with the great expense, extreme nature and ineffectiveness of imprisonment vs. the ineffectiveness and lack of supervision in probation, lawmakers have struggled to fill the gap between those two classic law enforcement measures with

Deterrence is founded on the assumption that people make rational choices about rather or not they wish to engage in criminal behavior. Thus, it is believed that one would weigh the gain they expect to achieve from a particular crime, to the expected cost of punishment. Punishment encompasses the likelihood of being caught and punished as well as the expected severity of the punishment. Therefore, in order to effectively deter, planner and criminal justice professionals must look into three factors: the severity of the punishment, the certainty of punishment, and the celerity with which the punishment is imposed. However, the severity of the punishment must be proportional to the benefit the criminal expects to realize from the

Deterrence is the primary justification for punishment. In the practice, this deterrence-centric philosophy serves as the fundamental principle for many criminal justice systems in the U.S., no matter explicitly or implicitly (Eassey and Boman, 2015). According to Beccaria (1764), the central hypotheses of the deterrence theory are that crime can be prevented when punishment is more significant than the perceived benefits, and the punishment should be swift, certain, and severe. Generally, there are two types of the deterrence, one is general deterrence, which emphasized on the impact of punishment on the general population; while the other one is specific deterrence, which uses punishment to reduce recidivism (Stafford and Warr,

To formulate the law, it was decided that the most valuable approach to reduce violent crimes was through a mandated policy decision requiring identification through past behavior of those who demonstrated clear conduct to participate in violent criminal and whose conduct was not discouraged by the usual concepts of punishment. Reed (2004) stated, “The overall purpose of punishment within the criminal justice system is to prevent the commission of crimes to deter recidivism. For this objective to be successful, punishment must be effective in addressing the problems and solutions for the entire system, not just in individual cases” (p. 502). In reducing crimes, various methods and theories are taken into account. Some of these methods are additional police, additional courts, mandatory sentencing, and increased prosecutorial resources (Reed, 2004). Because the Three Strikes Law varies from state to state, this leads to the many problems it causes in the criminal justice system.

The use of shock probation in America lies between two philosophies: classical and positivist. The classical believes that the criminals choose their actions therefore there is a need for them to be punished in order to prevent future offenses. On the other hand, the positivists believe that the offenders committed the offense without their own will and therefore the conditions that led to the offense should be corrected in order to rehabilitate the offender. In addition, the acts of the legislature and the sentiments of the public dictate the application of the probation. (Cripe and Clair, 1997). Therefore, this leaves the universal applications and methods of application of the probation not to be available. This leaves the philosophies to have evolved and moved into the 21st century. The above factors therefore lead to inconsistency in the application of probation in that the application of probation lies in the hands of few selected individuals such as the prosecutor and the judicial system. (Cripe and Clair, 1997).

The paradox of probation model argues that there are two central outcomes that determine the probation-prison link: the extent to which probation diverts individuals away from prisons or draws cases under greater supervision, and how much probation

When discussing how deterrence works at the environmental level, you first must know what deterrence is. At thefreedictonary.com the site says deterrence

Mandatory sentencing involves the implementation of legislation to remove an element of judicial discretion by imposing minimum or mandatory sentences for a particular offence or type of offender. From the perspective of society, mandatory sentencing may be said to promote the rule of law in ensuring that laws are predictable and applied equally across all individuals by aiming to match the punishment to the crime, as well as reduce crime and recidivism. Depending on the outlook taken, mandatory sentencing may be said to promote the individual’s right to a fair trial as it encourages consistency but by the same token a conflict arises in that it strips the judiciary of the power to tailor sentences to the unique circumstances of each case.

The first reason that judges utilize probation is that it allows a greater focus towards the offender’s successful reintegration into society. Furthermore, probation alleviates the social exile effect that incarceration brings, and allows them contact with peer support outside the system. Subsequently, probation is normally cheaper than incarceration and appears equally effective in the rehabilitation of offenders. Finally, probation tends to meet the fairness goal in sentencing for non-violent offenders. Yet, the use of probation also has its own

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.

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

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

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.