Introduction The purposes of this critique it to analyze the writings of Lee’s Wide-Scope Deterrence Theory. I want to delve deeper into his meanings as to why traditional deterrence theory is inadequate, and why he insists that his theory is more adequate. Wide-Scope deterrence theory aims to use all the tools necessary in order to seek a severe and swift punishment. He also wants to explain that internal sanctions, not external, hold more merit when trying to deter potential and recidivating criminals.
Description of the Article “A deterrence theory holds that criminal punishment is justified because punishment reduces or deters crime” (Lee, 2). This is the core idea of deterrence theory, where if the punishment is harsh enough it would in turn hope to deter other potential criminals. However, Lee believes that this scope it too narrow because of its lack to recognize its shortcomings. He explains that it is too narrow because all traditional deterrence likes to focus on is fear of punishment. Lee wanted to explore other sources of reasons and values that human beings draw from. Lee argues that deep deterrence theory will draw upon a person’s sense of honor
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Instead of using externals sanctions, Lee appeals that internal sanction hold much more value in trying to deter criminals. Internal sanctions imply a deeper meaning in its reasons to fight crime. Lee wants to state that traditional deterrence holds two major points, capacity and deterrence. Capacity is about the offenders, they are considered rational agents, and are open to their make their own actions and accept the consequences of those actions. Deterrence “suggests that the function of punishment is to give actual and potential offenders reasons against performing a criminal act” (Lee, 3). These are just assumptions that Lee has made, he wants to call them shallow
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).
Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).
Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies – which took
Boyd (n.d), states that Deterrence theory says that people obey the law because they are scared of getting caught and being punished. Some seem to think with deterrence theory “that people don't commit crimes because they are afraid of getting caught - instead of being motivated by some deep moral sense” (Boyd, n.d).That they will be most likely to be deterred from committing a crime if the enforcement is certain, swift, and severe.
It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime
The first argument that I shall contend with is that capital punishment does not deter crime. Opponents of capital punishment say the death penalty is not necessary. Other countries that no longer have the death penalty have not experienced an increase in the number of murders. The idea is that the death penalty does not deter crime. Countries such as Sweden, Netherlands, Denmark, Switzerland, and Belgium have not carried out executions since the early part of the century, yet these countries have not experienced a rise in crimr rates (Block, 1983). However, deterrence is not the question when you are looking at the retributive value of capital punishment. In short, deterrence can only work if the threat of punishment is combined with the conviction that the forbidden acts are not only illegal and therefore punishable but immoral. Without the conviction of morality, the easily frightened will not break the law, but the fearless will break the law, the irrational will break the law, and all others will break the law.
In this essay, I am going to discuss what some of the ideas are when it comes thinking as to why deterrence does not work, which could be that the harsher the crime, the harsher the punishment for many of the crimes committed. It could mean that it does not work because the offender maybe becomes aware of the punishment. However, it could be because of the notion of impulsivity which connected and is almost everywhere within a society where there has been a connection to the idea of rational choices, which has a role when it comes to the way people have been thinking about committing the crime of any shape or form. However, there have been many reasons why it doesn’t work, because the offenders come from many different walks of life within a society. Therefore, the kind of crimes that have been done, which can then have associated with rational choices, which have people are connected to in society.
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.
Researchers hope to isolate and measure a deterrent effect precisely, because a great many things must happen before deterrence can occur. Studies reviewed by the researchers in the article Sanctions, Perceptions, and Crime, “(1) the relationship between objective sanctions, sanction enforcement, and risk perceptions. This research
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 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 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).
Another issue related to the subject involves whether or not capital punishment actually deters criminals from committing crimes. Most people think that the death penalties primary function is to deter others in the future from committing similar crimes. There is evidence that at times capital punishment does deter. However, there are those or cite evidence or opinion that the capital punishment does not achieve its desired effect. The majority of this paper will focus on whether capital punishment actually deters crime.
In contrast, the question of deterrence can be answered objectively using common sense and statistics. By analyzing different arguments for and against the death penalty, such as the "fear of death" myth, the cost of the death penalty, and the racial and economic bias of the death penalty, it can be shown that the death penalty is not an effective deterrent of crime.
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.