NCJ Number
61585
Journal
British Journal of Criminology Volume: 19 Issue: 3 Dated: (JULY 1979) Pages: 205-224
Date Published
1979
Length
20 pages
Annotation
A METHODOLOGICAL ANALYSIS OF THE REQUIREMENTS FOR IDENTIFYING, EXPLAINING, AND PREDICTING THE DETERRENT EFFECTS OF SANCTIONS IN PRESENTED IN THIS BRITISH STUDY.
Abstract
THE PREFERRED USAGE OF 'DETERRENCE' STATES THAT A PERSON IS DETERRED FROM OFFENDING BY A SANCTION ONLY IF THE INDIVIDUAL REFRAINS FROM THAT ACT BECAUSE THE IMPLEMENTATION OF THE SANCTIONS IS FEARED. THEORETICAL POSSIBILITIES REGARDING A DEFINITION OF DETERRENCE ARE CONSIDERED, INDICATING THAT A SANCTION WILL BE A DETERRENT IF CERTAIN CONDITIONS ARE APPARENT. THIS DETERRENCE THEORY IS THEN RELATED TO THE 'DETERRENCE DOCTRINE,' (STATING THAT THE USE OF SWIFT, CERTAIN, AND SEVERE PENALTIES WILL DETER OFFENDING) A DESCRIPTION OF HOW PEOPLE ARE DETERRED, AND A THEORY FOR PREDICTING DETERRENCE. THE CONCEPT OF RATIONALITY IN DETERRENCE THEORY IS ALSO CONSIDERED. CRITERIA FOR THE TRUTH OF ANY DETERRENCE STATEMENT MAY BE DIVIDED INTO THREE BROAD CLASSES: (1) OPPORTUNITIES TO COMMITT AN OFFENSE; (2) BELIEFS ABOUT WHAT CONSTITUTES THE LAWS AND SANCTIONS; AND (3) ATTITUDES TOWARDS LAWS, OFFENSES, AND SANCTIONS. VARYING AMONG PERSONS AND GROUPS, AN IDEAL THEORY FOR PREDICTING DETERRENCE SHOULD ACCOUNT FOR THESE VARIATIONS. TWO KINDS OF DIFFERENCES ARE IMPORTANT FOR DETERRENCE EFFECTIVENESS: DIFFERENCES BETWEEN THOSE PERSONS WHO DO AND THOSE WHO DO NOT NEED TO BE DETERRED, IF THEIR COMPLIANCE IS TO BE SECURED; AND DIFFERENCES WITHIN THE GROUP OF PERSONS WHO NEED TO BE DETERRED IN EFFORTS TO SECURE THEIR COMPLIANCE. DETERRENCE IS INEFFECTIVE AGAINST PERSONS WHO CANNOT BE DETERRED, SUCH AS COMPULSIVES AND FANATICS. DETERRENCE POLICY MUST BE DIRECTED AT THE GROUP WHO CAN BE DETERRED. DETERRENT SANCTIONS MAY ALSO FAIL BECAUSE OF AN INEFFECTIVE COMMUNICATION SYSTEM OR ATTITUDES OF POTENTIAL OFFENDERS TOWARDS THE SANCTION. MOREOVER, AN EFFECTIVE DETERRENT THEORY IS NECESSARY BEFORE TRULY EFFECTIVE DETERRENT SANCTIONS ARE POSSIBLE. FURTHER RESEARCH IS RECOMMENDED. FOOTNOTES AND REFERENCES ARE INCLUDED. (PRG)