RG

Lecture 3. The classical school - Deterrence theory

The Classical School: Deterrence Theory

Goals of Punishment

  • Why punish?

    • Retribution:

      • Punishment as deserved response to crime ("eye for an eye").

    • Incapacitation:

      • Isolates offenders from society to protect the public.

    • Rehabilitation:

      • Provides education and treatment to remove motivation to offend.

    • Deterrence:

      • Law's purpose is to deter crime through fear of punishment.

Historical Context

  • Codes of conduct:

    • E.g., Code of Hammurabi.

  • Age of Enlightenment:

    • Introduction of rational and humane approaches to law.

    • Shift from trial by ordeal.

Cesare Beccaria

  • The Classical School Influencer:

    • "On Crime and Punishment" (1764).

    • Advocated for rationalism and humanitarianism.

    • Believed crime is a choice influenced by free will.

    • Punishment must fit the crime.

    • Judges should reflect public consensus in decision-making.

Beccaria's Principles of Deterrence

  • Deterrence:

    • Fear of punishment should outweigh potential benefits of crime.

  • Types:

    • Specific Deterrence:

      • Targets individual offenders to prevent future crimes.

    • General Deterrence:

      • Aims to prevent crime across the general population by creating a fear of punishment.

Hedonistic Calculus

  • To reduce crime, increase perceived costs associated with committing crimes.

Characteristics of Effective Punishment

  • Should be:

    • Severe: Appropriate to the seriousness of the crime.

    • Swift: Immediate consequences following the act.

    • Certain: Assurance of punishment if crime committed.

Humanitarian Efforts

  • Reason for Punishment:

    • Protect the social contract, balancing freedom and safety.

    • Laws should focus on fewer, more serious offenses to enhance public understanding and support.

Deterrence Challenges

  • Factors Influencing Deterrence:

    • Effects vary by individual; some are less deterred by punishment.

    • Characteristics of Criminals:

      • 3 groups based on responsiveness to laws: law-abiding, potential criminals, and habitual offenders.

  • Limitations of Deterrence:

    • Crime disposition may lead to crime displacement or impulsive acts, often fueled by substances.

Societal Implications

  • Public Perception:

    • Policy clarity and societal endorsement are critical for effective deterrence.

  • Research Findings:

    • Perceived costs of crime can change decisions, but support for deterrence theory is limited.

Future Considerations

  • Reemergence of deterrence in the 1960s in favor of tougher laws.

  • Need to assess if deterrence is indeed a solution to crime.

Next Class Preparation

  • Read Wright & Decker (1997).

  • Focus on decision-making processes.

  • Prepare for discussion on external factors influencing criminal behavior.