NCJ Number
47886
Journal
Criminology Volume: 16 Issue: 1 Dated: (MAY 1978) Pages: 31-35
Date Published
1978
Length
5 pages
Annotation
ARGUMENTS PRESENTED BY HENRY N. PONTELL IN AN ARTICLE CRITICAL OF DETERRENCE THEORY ARE COUNTERED.
Abstract
PONTELL'S SYSTEM CAPACITY MODEL, WHICH SUGGEST THAT INCREASES IN CRIME MAY OVERBURDEN LEGAL MACHINERY AND CAUSE DECREASES IN THE CERTAINTY OF PUNISHMENT, BRINGS INTO QUESTION THE ABILITY OF LEGAL THREATS TO DETER CRIME. IT IS SUGGESTED THAT PONTELL'S ARTICLE IS OUT OF DATE, DOES NOT SOLVE THE UNDERLYING PROBLEM IT IDENTIFIES, AND IS ADDRESSED TO A STRAW MAN. PONTELL IS SAID TO HAVE IGNORED THE MOST RECENT RESEARCH ON DETERRENCE, INCLUDING SEVERAL STUDIES THAT EMPLOYED ECONOLOGICAL DATA. IT IS POINTED OUT THAT THE POSSIBILITY THAT CRIME MAY INFLUENCE PUNISHMENT AS MUCH AS PUNISHMENT INFLUENCES CRIME IS NOT A NEW IDEA AND THAT PONTELL HAS NOT ESTABLISHED A CAUSAL PRIORITY. PONTELL'S ASSERTION THAT DETERRENCE THEORY RESEARCH HAS FAILED TO TAKE INTO ACCOUNT EXTRALEGAL VARIABLES (E.G., UNEMPLOYMENT, SOCIAL CLASS) IS CHALLENGED. THE NEED TO CONTINUE TO ASSESS DETERRENCE THEORY FROM AN INFORMED POSITION IS NOTED. A LIST OF REFERENCES IS INCLUDED. FOR PONTELL'S ARTICLE, SEE NCJ-47884. (LKM)