Deterrence
Deterrence is a concept in criminal justice that aims to prevent crime through the threat of punishment. It is divided into two categories: specific deterrence, which targets individual offenders, and general deterrence, which seeks to dissuade the broader public from committing crimes. The theory posits that if individuals perceive the potential punishment as severe enough, they will be less likely to engage in criminal behavior. However, the effectiveness of deterrence is debated, with many scholars questioning whether the fear of punishment truly influences behavior.
One major assumption of deterrence is that potential offenders are rational actors who weigh the costs and benefits of their actions. Critics point out that many crimes are impulsive or opportunistic, challenging the notion that offenders will engage in rational decision-making. Furthermore, logistical issues, such as the lengthy legal processes and high rates of plea bargaining, can dilute the impact of swift and proportional punishment. Additionally, research indicates that a significant number of crimes go unreported and many offenders do not fear capture or prosecution, undermining the deterrent effect.
Overall, while the idea of deterrence remains popular in public discourse, evidence supporting its efficacy is mixed, prompting ongoing discussions about the best strategies for crime prevention.
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Deterrence
SIGNIFICANCE: Prevention of crime is a major public issue; if punishments could indeed be shown to deter crime, the finding would be of considerable importance to numerous public policy questions.
There are two categories of deterrence, specific (or simple) and general. Both involve the idea that the threat of punishment will influence individuals not to commit crimes. Specific deterrence focuses on the individual and rests on the assumption that if the punishment imposed on a specific offender is severe enough for a crime, the offender will not commit crimes in the future. General deterrence focuses on society and is based on the idea that potential offenders will be deterred by the fear of being punished. Both categories of deterrence are based on the assumptions that potential offenders are rational and will perceive the possible punishment for crime as painful.
Does punishment, in fact, deter? Although many people would intuitively argue that it does, scholarly studies have not proven with certainty that punishment, or the fear of it, deters. There are several problems with the notion that punishment or fear of punishment will prevent crimes in the future.
A major assumption of deterrence theory is that people are rational and will consider the costs of committing a crime before committing the act. While this may be true in some cases, many crimes are unplanned events resulting from chance and opportunity.
Another assumption of deterrence theory is that swift punishment proportional to the seriousness of an offense will deter. In the American criminal justice system, however, many offenders are provided with the opportunity for numerous delays prior to trial. Moreover, many cases end in plea bargains that call for punishment for less than the actual offense.
Both specific and general deterrence theories rest on the notion that most offenders fear being caught. Critics of deterrence policies, however, note that many potential offenders do not believe that they will be caught and prosecuted. Victimization surveys reveal that fewer than half the crimes committed in the United States are known to law-enforcement authorities. Violent crimes are the crimes most frequently reported to the police, yet studies reveal that fewer than 47 percent of all violent crimes are reported. Fear of punishment is further mitigated by the fact that fewer than 5 percent of all crimes reported to police are ultimately prosecuted.
A final argument used to bolster deterrence theory is the assertion that potential offenders will avoid criminal activity because they fear the pain associated with punishment. Yet some studies have shown that although substantial portions of the offender population in the prison system acknowledge that prison is recognized as a cost of criminal activity, many offenders do not consider it an especially painful experience. Even with regard to crimes that carry the potential for the death penalty, most studies reveal, few criminals fear the pain of punishment prior to the crime because they do not believe that they will ever receive such a punishment. Although politicians and the public often clamor for stiffer penalties as a solution to rising crime rates, few scholars would argue that such remedies are likely to prove very effective.
Bibliography
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"The Cost of Affording Deterrence." Forbes, 16 Nov. 2021, www.forbes.com/sites/insider/2021/11/16/the-cost-of-affording-deterrence/. Accessed 25 June 2024.
Davidson, Skylar. "Preventing Crime Through Deterrence." The Alliance for Citizen Engagement, 6 Sept. 2022, ace-usa.org/blog/research/research-criminaljustice/preventing-crime-through-deterrence/. Accessed 25 June 2024.
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