L&S: Punishment and Deterrence

What are the main factors that influence sentencing?

Seriousness of the offense, prior record, offender/ victim characteristics, victim impact statements (VIS), and procedural factors (guilty plea)

What is the purpose of “three strikes” laws?

To impose long prison sentences on individuals convicted of a third felony, limiting judicial discretion

What are jails used for?

Holding individuals awaiting trail or sentencing, or serving sentences less than one year

What is therapeutic detention?

A correctional facility for offenders needing medical or psychological treatment

What are the three main functions of criminal punishment?

Retribution, incapacitation, and deterrence

What is retribution in criminal punishment?

Punishment that reflects society’s desire for revenge or justice for harm caused

What is incapacitation?

Removing offenders from society to prevent further harm

What is deterrence?

Using the threat of punishment to prevent crime

Who are the key thinkers behind deterrence theory?

Beccaria and Bentham

What did Beccaria believe about punishment?

It should instill fear to prevent others from committing crimes

What did Bentham believe about punishment?

It should give people an incentive to obey the law

What is general deterrence?

The ability of the law to prevent crime in the general population

What is specific deterrence?

The prevention of reoffending by someone wo has already been punished

Does imprisonment length affect recidivism?

No, longer sentences do not appear to reduce repeat offenses

Why might harsh punishment be counterproductive?

Prosecutors may avoid charging, and horrors my return not guilty verdicts

What are the requirements for deterrence to be effective?

Communication, certainty, severity, speed, stigma, capacity, and procedural justice

What does procedural justice require?

Laws must be seen as fair, moral, and equally enforced by respected authorities

Why doesn’t general deterrence work well for emotional or compulsive crimes?

Because those crimes aren’t based on rational cost-benefit thinking