NCJ Number
47885
Journal
Criminology Volume: 16 Issue: 1 Dated: (MAY 1978) Pages: 22-30
Date Published
1978
Length
9 pages
Annotation
AN ARTICLE PROPOSING A SYSTEM CAPACITY MODEL AS AN ALTERNATIVE TO DETERRENCE THEORY IS CRITICIZED.
Abstract
THE SYSTEM CAPACITY MODEL HOLDS THAT INCREASES IN CRIME OVERBURDEN LEGAL MACHINERY AND CAUSE DECREASES IN THE CERTAINTY OF PUNISHMENT. DETERRENCE THEORY, BASED ON FINDINGS OF AN INVERSE RELATIONSHIP BETWEEN CERTAINTY AND SEVERITY OF PUNISHMENT AND SUBSEQUENT RATES OF CRIME, HOLDS THAT PENAL SANCTIONS DETER CRIME. IN THE ARTICLE IN QUESTION, THE SAME DATA ARE USED TO COMPARE THE TWO MODELS, AND IT IS CONCLUDED THAT CRIME MAY AFFECT CERTAINTY OF PUNISHMENT MORE STRONGLY THAN CERTAINTY OF PUNISHMENT AFFECTS THE RATE OF CRIME. THE CAUSAL ARGUMENTS POSED IN THE ARTICLE ARE CHALLENGED, AND OTHER ASPECTS OF THE SYSTEM CAPACITY ANALYSIS ARE QUESTIONED. IT IS POINTED OUT THAT ATTEMPTS TO ASSESS THE DETERRENCE DOCTRINE GENERALLY ARE CONFRONTED WITH FOUR MORE PROBLEMS: (1) THE POSSIBLE RELEVANCE OF NINE DIFFERENT PROPERTIES OF LEGAL PUNISHMENTS; (2) THE FACT THAT THE DETERRENCE DOCTRINE NEVER HAS BEEN STATED AS A SYSTEMATIC THEORY; (3) THE NUMBER OF DIFFERENT WAYS IN WHICH LEGAL PUNISHMENTS COULD PREVENT CRIMES OTHER THAN THROUGH DETERRENCE; AND (4) THE LACK OF CONSENSUS AS TO WHAT EXTRALEGAL VARIABLES SHOULD BE CONTROLLED IN TESTING THE DETERRENCE DOCTRINE. CRIMINOLOGISTS ARE URGED TO RECOGNIZE THEIR EVIDENTIAL PROBLEMS AND TO CHECK THE TENDENCY TO RUSH TO A JUDGMENT ABOUT THE VALIDITY OF THEORIES. IT IS NOTED THAT PREMATURE NEGATIVE JUDGMENTS ABOUT THEORIES RESULT IN PREMATURE TERMINATION OF RESEARCH. A LIST OF REFERENCES IS INCLUDED. FOR THE ARTICLE UNDER DISCUSSION, SEE NCJ-47884. (LKM)