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Deterrence Theory
Proponents of deterrence believe that people choose to obey or violate the law after calculating the gains and consequences of their actions. Overall, however, it is difficult to prove the effectiveness of deterrence since only those offenders not deterred come to the notice of law enforcement. Thus, we may never know why others do not offend.
General and Specific Deterrence
There are two basic types of deterrence—general and specific. General deterrence is designed to prevent crime in the general population. Thus, the state's punishment of offenders serves as an example for others in the general population who have not yet participated in criminal events. It is meant to make them aware of the horrors of official sanctions in order to put them off committing crimes. Examples include the application of the death penalty and the use of corporal punishment.
Since general deterrence is designed to deter those who witness the infliction of pains upon the convicted from committing crimes themselves, corporal punishment was traditionally, and in some places is still, carried out in public so that others can witness the pain. Although outlawed in the United States, public punishment is still used in other countries. For instance, in August 2001, Nigeria introduced shari'a, or Islamic law, that allows the application of corporal punishment. That same month, Iran sentenced 20 people to be caned for consuming alcohol. In November 2001, Saudi Arabia lashed 55 youths for harassing women. Likewise, Human Rights Watch reports that under Saddam Hussein's regime in Iraq, those who violated military orders or committed other crimes could be punished by amputation of arms, legs, and ears. Finally, in England and the United States, hangings were once carried out in public. The public and family members were allowed to attend so that they could see what happened to those who broke the law. Today, some advocates call for televised executions as a way of deterring murder.
Specific deterrence is designed—by the nature of the proscribed sanctions—to deter only the individual offender from committing that crime in the future. Proponents of specific deterrence also believe that punishing offenders severely will make them unwilling to reoffend in the future. A drunk driver, for example, would be deterred from drinking and driving because of the unpleasant experience he or she suffered from being arrested, or having his or her license taken away or his or her car impounded. The state must apply enough pain to offset the amount of pleasure derived from drinking.
Early Classical Philosophers of Deterrence Theory
The deterrence theory of punishment can be traced to the early works of classical philosophers such as Thomas Hobbes (1588–1678), Cesare Beccaria (1738–1794), and Jeremy Bentham (1748–1832). Together, these theorists protested against the legal policies that had dominated European thought for more than a thousand years, and against the spiritualistic explanations of crime on which they were founded. In addition, these social contract thinkers provided the foundation for modern deterrence theory in criminology.
Thomas Hobbes
In Leviathan, published in 1651, Hobbes described men as neither good nor bad. Unlike religious philosopher Thomas Aquinas, who insisted that people naturally do good rather than evil, Hobbes assumed that men are creatures of their own volition who want certain things and who fight when their desires are in conflict. In the Hobbesian view, people generally pursue their self-interests, such as material gain, personal safety, and social reputation, and make enemies without caring if they harm others in the process. Since people are determined to achieve their self-interests, the result is often conflict and resistance without a fitting government to maintain safety.
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- Angela Y. Davis
- Anthony Platt
- Cesare Beccaria
- Constitutive Penology
- Convict Criminology
- David Garland
- David Rothman
- Donald Clemmer
- Elizabeth Frye
- George Jackson
- Gresham Sykes
- Jack Henry Abbott
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- History of Correctional Officers
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- Ashurst-Sumners Act 1935
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- Good Time Credit
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- Hawes Cooper Act 1929
- Indeterminate Sentencing
- Jailhouse Lawyers
- Juvenile Justice and Delinquency Prevention Act 1989
- Life Without Parole
- Megan's Law
- Mens Rea
- Parens Patriae
- Politicians
- President's Commission on Law Enforcement and Administration of Justice
- Prison Industry Enhancement Certification Program
- Prison Litigation and Reform Act (PLRA) 1996
- Prisoner Litigation
- Rehabilitation Act 1973
- Ruiz v. Estelle
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- Sentencing Reform Act 1984
- Thirteenth Amendment
- Three Prisons Act 1891
- Three-Strikes Legislation
- Truth in Sentencing
- USA PATRIOT Act 2001
- Violent Crime Control and Law Enforcement Act 1994
- Volstead Act 1918
- War on Drugs
- Wilson v. Seiter
- Youth Corrections Act 1950
- Staff
- Alexander Maconochie
- American Correctional Association
- Benjamin Rush
- Correctional Officer Pay
- Correctional Officer Unions
- Correctional Officers
- Dothard v. Rawlingson
- Governance
- History of Correctional Officers
- James V. Bennett
- Joseph E. Ragen
- Katharine Bement Davis
- Kathleen Hawk Sawyer
- Legitimacy
- Mabel Walker Willebrandt
- Managerialism
- Mary Belle Harris
- Miriam Van Waters
- National Institute of Corrections
- Officer Code
- Professionalization of Staff
- Psychologists
- Sanford Bates
- Sexual Relations With Staff
- Staff Training
- U.S. Marshals Service
- Unit Management
- Volunteers
- Zebulon Reed Brockway
- Theories of Punishment
- Types of Punishment
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