NCJ Number
49549
Date Published
1978
Length
26 pages
Annotation
THE POTENTIAL IMPACT ON CRIME DETERRENCE OF VARIOUS SCHEMES THAT WOULD REQUIRE OFFENDERS TO PROVIDE RESTITUTION FOR THE HARM CAUSED BY THEIR CRIMINAL ACTS IS ASSESSED.
Abstract
ASSUMPTIONS ON WHICH THE DETERRENCE-BY-FEAR DOCTRINE -THE IDEA THAT PEOPLE WILL REFRAIN FROM ILLEGAL ACTS IF THEY PERCEIVE THAT THEY WILL BE CAUGHT AND PUNISHED -- ARE IDENTIFIED. THE POTENTIAL EFFECTS OF SEVEN RESTITUTIVE PLANS ON DETERRENCE ARE CONSIDERED. THE PLANS FALL WITHIN THE GENERAL CATEGORIES OF PUNISHMENT COMBINED WITH RESTITUTION, AND RESTITUTION INSTEAD OF PUNISHMENT. THE PROBABLE EFFECTS OF THE PLANS ON DETERRENCE THROUGH OTHER MECHANISMS -INCAPACITATION, INCREASED SURVEILLANCE, EDUCATION, REFORMATION, NORM REINFORCEMENT, VENGEANCE DEFUSION, PREVENTIVE INSULATION (REDUCING THE INFLUENCE OF DEVIANTS ON POTENTIAL DEVIANTS), ASSOCIATIONAL RESPONSE, AND HABITUATION -- ARE ALSO CONSIDERED. IT IS POINTED OUT THAT KNOWLEDGE ABOUT DETERRENCE IS TOO MEAGER TO PERMIT FIRM PROJECTIONS REGARDING THE IMPACT OF RESTITUTION, THAT THERE IS NO INHERENT CONFLICT BETWEEN DETERRENCE AND RESTITUTION, AND THAT THE IMPACTOF RESTITUTION DEPENDS ON THE CONCEPTUALIZATION OF DETERRENCE BEING CONSIDERED. THE ANALYSIS SUGGESTS THAT A PLAN COMBINING PARTIAL RESTITUTION AND ORDINARY SENTENCES PROBABLY SHOULD INCREASE DETERRENCE BY FEAR AS WELL AS DETERRENCE BY THREE OTHER MECHANISMS. UNLIKE THE OTHER RESTITUTION SCHEMES CONSIDERED, THIS PLAN WOULD ENTAIL NO REDUCTION IN DETERRENCE BY ANY MECHANISM. TABULAR DATA AND NOTES ARE INCLUDED. (LKM)