Deterrence (legal)
Encyclopedia
Deterrence is the use of punishment
as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Specific deterrence focuses on the individual in question. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences.
General or indirect deterrence focuses on general prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the rational choice theory
and can be traced to Cesare Beccaria
whose well-known treatise On Crimes and Punishments (1764), condemned torture
and the death penalty and Jeremy Bentham
who made two distinct attempts during his life to critique the death penalty
.
Incapacitation
is considered by some to be a subset of specific deterrence. Incapacitation aims to prevent future crimes not by rehabilitating
the individual but rather from taking away his ability to commit such acts. Under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while there they will be unable to engage in crime.
Not all crime deterrence is caused by the criminal justice system. Evidence also suggests that the private ownership and use of firearms deters criminal behavior.
surveillance systems were introduced. General deterrence has also been heavily criticised for relying on publicity of heavy punishments; it has been described as "the least effective and least fair principle of sentencing
".
Tamiru Ayalew LLB law student at Adama University
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
as a threat to deter people from committing a crime. Deterrence is often contrasted with retributivism, which holds that punishment is a necessary consequence of a crime and should be calculated based on the gravity of the wrong done.
Categories
Deterrence can be divided into three separate categories.Specific deterrence focuses on the individual in question. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences.
General or indirect deterrence focuses on general prevention of crime by making examples of specific deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the rational choice theory
Rational choice theory (criminology)
In criminology, the rational choice theory adopts a utilitarian belief that man is a reasoning actor who weighs means and ends, costs and benefits, and makes a ra...
and can be traced to Cesare Beccaria
Cesare, Marquis of Beccaria
Cesare, Marquis of Beccaria-Bonesana was an Italian jurist, philosopher and politician best known for his treatise On Crimes and Punishments , which condemned torture and the death penalty, and was a founding work in the field of penology.-Birth and education:Beccaria was born in Milan on March...
whose well-known treatise On Crimes and Punishments (1764), condemned torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and the death penalty and Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
who made two distinct attempts during his life to critique the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Incapacitation
Incapacitation (penology)
Incapacitation in the context of sentencing philosophy refers to the effect of a sentence in terms of positively preventing future offending....
is considered by some to be a subset of specific deterrence. Incapacitation aims to prevent future crimes not by rehabilitating
Rehabilitation (penology)
Rehabilitation means; To restore to useful life, as through therapy and education or To restore to good condition, operation, or capacity....
the individual but rather from taking away his ability to commit such acts. Under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while there they will be unable to engage in crime.
Not all crime deterrence is caused by the criminal justice system. Evidence also suggests that the private ownership and use of firearms deters criminal behavior.
Criticism
It has been argued that deterrence is ineffective at achieving its ultimate goal. Critics of specific deterrence argue that offenders do not pause to consider the possible punishment for a crime they are about to commit, especially in the heat of the moment, and when drugs or alcohol are involved. Some suggest that potential offenders are more likely to be deterred by the threat of being caught rather than the threat of punishment, citing an example of the crime rate falling dramatically in areas where closed-circuit televisionClosed-circuit television
Closed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors....
surveillance systems were introduced. General deterrence has also been heavily criticised for relying on publicity of heavy punishments; it has been described as "the least effective and least fair principle of sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
".
Tamiru Ayalew LLB law student at Adama University