DETERRENT EFFECT OF CRIMINAL SANCTIONS - REVIEWING THE EVIDENCE (FROM STRUCTURE, LAW, AND POWER - ESSAYS IN THE SOCIOLOGY OF LAW, 1979, BY PAUL J BRANTINGHAM AND JACK M KRESS - SEE NCJ-64050)

• NCJ Number: 64054
• Author(s): L S ANDERSON
• Date Published: 1979
• Length: 15 pages
• Corporate Author: Sage Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

TWENTY-ONE MAJOR STUDIES OF DETERRENCE ARE REVIEWED, AND IT IS CONCLUDED THAT THE GENERAL DETERRENCE MODEL HAS YET TO BE EMPIRICALLY VALIDATED.

Abstract

DETERRENCE THEORY IS EVIDENT IN LEGISLATION AND JUDICIAL PROCEEDINGS. ADHERENCE TO DETERRENCE AS A 'TRUTH' PLAYS A MAJOR ROLE IN THE IDEOLOGY OF CRIMINAL LAW. EMPIRICAL TESTS OF DETERRENCE, HOWEVER, ARE COMPLICATED BY THE DEFINITION OF DETERRENCE AS OMISSION OR CURTAILMENT OF BEHAVIOR DUE TO PERCEIVED RISK OR FEAR OF PUNISHMENT. DESPITE DEFINITIONAL CONFUSION AND IMPRECISION IN THEORY SPECIFICATION AND ASSOCIATED TESTABLE PROPOSITIONS, A LARGE BODY OF DETERRENCE RESEARCH HAS ACCUMULATED. RESEARCH CLASSIFICATIONS INCLUDE CAPITAL PUNISHMENT LITERATURE, ECOLOGICAL STUDIES, PERCEPTUAL SURVEYS, AND LONGITUDINAL STUDIES. INVESTIGATIONS UNDER THESE HEADINGS DEMONSTRATE THAT THE GENERAL DETERRENCE MODEL HAS NOT BEEN VERIFIED. THE SOLUTION TO DIFFICULTIES IN TESTING DETERRENCE SEEMS TO INVOLVE ESTABLISHING CONSENSUS ON SMALLER AREAS, PERHAPS BY FOCUSING ON PARTICULAR OFFENSE CATEGORIES. IT CAN ALWAYS BE CORRECTLY ASSERTED THAT PUNISHMENT DETERS CRIME BUT ONE MUST ESTABLISH WHEN, HOW, AND UNDER WHAT CONDITIONS IT DOES SO. NOTES ARE INCLUDED. (DEP)