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.