Criminal Justice Theories: Deterrence, Legitimacy, and Resistance

Rational Choice Model

Assumes people act to maximize utility; rational behavior based on knowledge of risks/sanctions.

Deterrence Theory

People obey the law because of the threat of legal punishment.

General vs. Specific Deterrence General

deters those who haven't offended; Specific deters those who have.

Absolute vs. Restrictive Deterrence

Absolute = stop offending; Restrictive = moderate behavior (e.g., speed less severely).

Certainty vs. Severity

(Punishment) Certainty (chance of being caught) matters more than severity (harshness).

Antunes and Hunt study

Severity has no effect without certainty.

Friedman Curve

Diminishing returns to punishment; deterrence gains decrease at high sanctions.

Chambliss: Expressive vs. Instrumental Acts

Expressive = rewarding themselves; Instrumental = means to end, more deterrable.

Chambliss: High vs. Low Commitment

Greater deterrence among instrumental and low-commitment actors.

Non-legal sanctions (Braithwaite)

Shaming can deter lawbreaking.

Stigmatizing vs. Reintegrative Shaming

Stigmatizing = permanent deviant label; Reintegrative = disapproval + reintegration.

Normative Model

People make moral, not purely self-interested, decisions.

Direct Effects Model (Schwartz & Orleans)

People obey laws aligned with their morals; morality > sanctions.

Principled Resistance

Disobeying laws conflicting with moral beliefs.

Indirect Effects Model (Tyler, Milgram)

Obey authority seen as legitimate, not necessarily agreed with.

Mediating Effects Model (Berkowitz & Walker)

Laws influence morals; seeing legality changes moral judgment.

Sources of Legitimacy

People obey authorities perceived as fair.

Distributive vs. Procedural Justice

Distributive = fairness of outcome; Procedural = fairness of process.

Procedural Fairness Factors

Process control, expression, decision quality, honesty, ethicality, consistency.

Procedural Justice Research

Believing the process was fair increases compliance even if losing.

Instrumental vs. Symbolic Law Functions

Instrumental = control behavior; Symbolic = express values.

Symbolic Laws Context

Common in periods of social instability.

Consensus View (Vago)

Punishment repairs moral order and societal disruptions.

Victimless Crimes

Acts like gambling or prostitution harming only participants.

Conflict Perspective (Gusfield)

Law reflects power struggles; affirms dominant group values.

Symbolic Laws (Gusfield)

Communicate whose values are affirmed or degraded.

Social Inequalities & Law

Limit ability to use procedures due to fear or barriers.

Relational vs. Rule-Oriented Speech (Conley & O'Barr)

Relational = social, uncertain; Rule-Oriented = factual, effective.

Ewick & Silbey Resistance

Everyday acts of defiance by less powerful individuals.

Resistance Definition

Awareness of power imbalance, opportunity, and unfair constraint.

Resistance Importance

Can lead to political mobilization.

Principled Resistance (King)

Public moral protest to awaken awareness of unjust laws.

King's Three Unjust Law Types

1) Immoral, 2) Unequal, 3) Without minority participation.

Principled vs. Individual Resistance

Principled = public protest; Individual = hidden avoidance.