Crime and Punishment 9/14/25

Vocabulary flashcards covering key terms and concepts from a lecture on punishment, deterrence, proportionality, and related legal-philosophical ideas.

Cesare Beccaria

18th‑century philosopher who argued punishment should be fair, proportionate to the crime, clearly defined by law, and used to deter crime; believed rational actors weigh pain versus pleasure.

Bentham

Utilitarian philosopher who argued laws and punishments should maximize happiness for the greatest number and be justified by their social utility and deterrence.

Utilitarianism

Moral theory asserting that actions are right if they maximize overall happiness and minimize suffering; applies to laws and punishment through outcomes.

Hedonistic calculus

Bentham’s framework for weighing costs and benefits of crime and punishment using seven dimensions to determine deterrence.

Proportionality

Punishment severity should correspond to the seriousness of the crime; aims for fairness, legality, and avoidance of excessive or cruel penalties.

General deterrence

Punishment aimed at deterring the general population from committing crimes by making examples of offenders.

Specific deterrence

Punishment aimed at preventing a particular individual from reoffending.

Public spectacle

Visible punishments (e.g., hangings, tortures) used historically as deterrence and power display; often criticized as inhumane and ineffective.

Cruelty

Excessive, arbitrary, or unnecessary punishment that violates proportionality and undermines legitimacy.

Legality

Laws must be publicly known and clearly written so people understand the consequences of their actions.

Equality before the law

All individuals, regardless of wealth or status, are subject to the same laws and punishments.

Arbitrary punishment

Punishments decided by whim or the ruler rather than by established law.

Drawing and quartering

Historical torture method used on traitors, often performed publicly to display power.

Public shaming

Social humiliation used as a deterrent by involving the public in punishment.

Rational actor

Idea that people weigh costs and benefits when deciding to commit a crime; punishment must make crime unattractive.

War on drugs

1990s policy focusing on punitive measures for drug offenses; often failed to deter use and contributed to mass incarceration; spurred debates about reform or legalization.

Proximity (nearness)

In the hedonic calculus, how soon punishment follows the crime; closer punishment strengthens deterrence.

Certainty

Likelihood of punishment; higher certainty deters more effectively than severity alone.

Intensity

Strength of the pain or pleasure produced by punishment; greater intensity can deter more.

Duration

How long the punishment or its effects last; longer duration increases deterrence if proportional.

Purity

Degree to which punishment is free from additional pains beyond what is necessary for deterrence.

Extent

Number of people affected by the punishment; broader impact can amplify deterrence and deterrence messages.

Embezzlement

Misappropriation or theft of money entrusted to one in a position of trust; a white-collar crime.

Shoplifting

Theft of merchandise from a store; a low-value property crime with potentially broad impact on victims and businesses.

Self-defense

Justification for using force to defend oneself; complex legal and moral considerations in cases like domestic violence and high‑profile incidents.

Moral balance vs calculation

Debate over whether punishment should be guided by ethical fairness (moral balance) or utilitarian calculation of outcomes and deterrence.