NCJ Number
45437
Journal
Social Science Quarterly Volume: 58 Issue: 1 Dated: (JUNE 1977) Pages: 15-28
Date Published
1977
Length
14 pages
Annotation
THE THREAT OF SOCIAL STIGMATIZATION RESULTING FROM LEGAL PUNISHMENT IS EXAMINED AS A CONDITIONAL VARIABLE IN DETERRENCE THEORY.
Abstract
SOME THEORISTS HAVE STATED THAT THE THREAT OF FORMAL LEGAL PUNISHMENT MAY BE A DETERRENT ONLY IF THE POTENTIAL OFFENDER IS LIKELY TO BE STIGMATIZED AS A RESULT OF BEING APPREHENDED AND LEGALLY PUNISHED FOR VIOLATING THE LAW. IN CERTAIN GROUPS OR SUBCULTURES, WHERE LEGAL PUNISHMENT IS LIKELY TO BE FOLLOWED BY SOCIAL APPROVAL AND STATUS, RATHER THAN DISAPPROVAL AND STIGMA, THE THREAT OF FINE OR IMPRISONMENT IS NOT LIKELY TO BE A STRONG DETERRENT. OTHERS HAVE STATED THAT THE AVOIDANCE OF PHYSICAL AND MATERIAL DEPRIVATION ALSO IS A MOTIVE, SO THE THREAT OF LEGAL PUNISHMENT IS EXPECTED TO BE A DETERRENT REGARDLESS OF WHETHER STIGMA IS CONTINGENT UPON LEGAL PUNISHMENT. IN THIS STUDY, THE ADDITIVE AND INTERACTION DETERRENCE MODELS ARE COMPARED USING PERCEIVED THREATS OF LEGAL PUNISHMENT AND STIGMA AND SELF-REPORTS OF VIOLATIONS, RATHER THAN OFFICIAL AGGREGATE DATA. DATA WERE COLLECTED IN A SURVEY OF 166 ADULTS IN AN UNIDENTIFIED MIDWESTERN CITY AND ITS SUBURBS. THE DEPENDENT VARIABLE CONSIDERED WAS THE FREQUENCY OF SPEED LAW VIOLATIONS. INDEPENDENT VARIABLES WERE PERCEIVED THREAT OF LEGAL PUNISHMENT AND PERCEIVED THREAT OF SOCIAL DISAPPROVAL. FOR THIS PARTICULAR LAW VIOLATION, THE DATA ANALYSIS SUGGESTS THAT PERCEIVED THREAT OF LEGAL PUNISHMENT, REGARDLESS OF THREAT OF STIGMATIZATION HAS A SIGNIFICANT EFFECT ON FREQUENCY OF VIOLATION. HOWEVER, THE QUESTION IS RAISED WHETHER THE RESULTS CAN BE GENERALIZED TO VIOLATIONS OF OTHER LAWS. IT IS SUGGESTED THAT A TYPOLOGY BASED ON THE RELATIVE SEVERITIES OF LEGAL PUNISHMENT AND SOCIAL STIGMA ASSOCIATED WITH VIOLATIONS OF VARIOUS LAWS WOULD BE USEFUL. SUPPORTING DATA AND REFERENCES ARE FURNISHED.