PUNISHMENT AND CRIME - A CRITIQUE OF CURRENT FINDINGS CONCERNING THE PREVENTIVE EFFECTS OF PUNISHMENT

• NCJ Number: 44689
• Journal: Law and Contemporary Problems Volume: 41 Issue: 1 Dated: (WINTER 1977) Pages: 164-204
• Author(s): P J COOK
• Date Published: 1977
• Length: 41 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Duke University
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE QUESTIONS ADDRESSED AND THE METHODOLOGY EMPLOYED IN RESEARCH ON THE PREVENTIVE EFFECTS OF CRIMINAL SANCTIONS ARE REVIEWED, WITH EMPHASIS ON THE EXTENT TO WHICH CONFIDENCE IN THE RESEARCH RESULTS IS JUSTIFIED.

Abstract

THE ANALYSIS OPENS WITH A BRIEF OVERVIEW OF THE LITERATURE ON THE INFLUENCE OF CRIMINAL SANCTIONS ON THE NUMBER OF CRIMES COMMITTED BY CONVICTS. INCAPACITATION, REHABILITATION, AND 'DEHABILITATION' EFFECTS ARE DISCUSSED IN THE CONTEXT OF A SUPPLY AND DEMAND MODEL OF CRIME. THEORETICAL PERSPECTIVES ON THE GENERAL PREVENTIVE CONSEQUENCES OF CRIMINAL SANCTIONS ARE THEN ASSESSED, WITH EMPHASIS ON ECONOMIC THEORIES OF CRIMINAL BEHAVIOR AND THEIR RELATIONSHIP TO MORE TRADITIONAL THEORIES. TWO MAJOR SOURCES OF EVIDENCE ON THE DETERRENCE EFFECT OF CRIMINAL SANCTIONS -CORRELATIONAL ANALYSES AND ANALYSES OF 'NATURAL EXPERIMENTS,' I.E., SUDDEN CHANGES IN THE LAW OR IN CRIMINAL JUSTICE POLICY THAT CAN BE PRESUMED TO CHANGE THE PUBLIC'S PERCEPTION OF THE CERTAINTY AND/OR SEVERITY OF PUNISHMENT FOR SOME CLASS OF OFFENSES -ARE REVIEWED, WITH REFERENCE TO RESEARCH METHODS AND FINDINGS. IT IS CONCLUDED THAT THE EMPIRICAL LITERATURE ON THE PREVENTIVE EFFECTS OF PUNISHMENT IS HIGHLY UNEVEN. REHABILITATION AND OTHER 'SPECIFIC' EFFECTS OF PUNISHMENT LEND THEMSELVES TO SYSTEMATIC EXPERIMENTATION IN A WAY THAT GENERAL PREVENTIVE MECHANISMS DO NOT, AND IMPLICATIONS OF STUDIES ON REHABILITATION AND DEHABILITATION ARE THEREFORE STRONGER AND MORE RELIABLE. CORRELATIONAL STUDIES OF THE SIMPLE DETERRENCE MECHANISM, ALTHOUGH OFTEN SOPHISTICATED AND CAREFULLY EXECUTED, APPEAR TO HAVE CONTRIBUTED LITTLE TO THE UNDERSTANDING OF DETERRENCE. MOST KNOWLEDGE ABOUT DETERRENCE HAS COME FROM THE STUDY OF NATURAL EXPERIMENTS. MOST REHABILITATION PROGRAMS THAT HAVE BEEN STUDIED CAREFULLY APPEAR TO HAVE FAILED. HOWEVER, THERE IS LITTLE EVIDENCE THAT IMPRISONMENT INTERFERES WITH REHABILITATION. EMPIRICAL EVIDENCE PRECLUDES THE FLAT CLAIM THAT DETERRENCE DOES NOT WORK. THERE IS ALMOST NO SCIENTIFIC KNOWLEDGE ABOUT THE LONG-TERM EFFECTS OF PUNISHMENT ON THE AMOUNT OF CRIME, EVEN THOUGH SUCH EFFECTS AS ENCULTURATION, HABIT FORMATION, AND RESPECT FOR THE LAW MAY BE THE MOST IMPORTANT. (AUTHOR ABSTRACT MODIFIED).