Punishment is a common response to crime in most societies. But what is the purpose of punishment? And how does it affect the behavior of potential offenders? In this article, we will explore the deterrence viewpoint, which argues that punishment is externally related to lawbreaking, meaning that it aims to prevent crime by creating fear of negative consequences.
Contents
What is the Deterrence Viewpoint?
The deterrence viewpoint is a theory of punishment that belongs to the utilitarian school of thought. Utilitarians believe that the moral value of an action depends on its consequences for the overall happiness or welfare of society. Therefore, they justify punishment by its ability to reduce crime and increase social order.
The deterrence viewpoint holds that punishment can deter crime by creating fear in the minds of potential offenders. The idea is that if people know that they will face unpleasant consequences for breaking the law, they will be less likely to do so. The deterrence viewpoint assumes that people are rational and self-interested, and that they weigh the costs and benefits of their actions before deciding whether to commit a crime or not.
There are two main types of deterrence: specific and general. Specific deterrence refers to the effect of punishment on the individual offender, who is expected to refrain from committing the same or similar crimes in the future. General deterrence refers to the effect of punishment on the rest of society, who are expected to learn from the example of the punished offender and avoid engaging in criminal behavior.
How is Punishment Externally Related to Lawbreaking?
According to the deterrence viewpoint, punishment is externally related to lawbreaking, meaning that it does not aim to change the internal character or motivation of the offender, but rather to influence their external behavior by manipulating their environment. Punishment is seen as a means to an end, not an end in itself.
The deterrence viewpoint does not care about the moral desert or guilt of the offender, but only about their future actions. Punishment is not intended to express retribution or condemnation, but rather to communicate a threat or a warning. Punishment is not based on the nature or severity of the crime, but rather on its likelihood and impact on society.
The deterrence viewpoint also does not care about the reform or rehabilitation of the offender, but only about their compliance with the law. Punishment is not designed to educate or correct the offender, but rather to coerce or restrain them. Punishment is not tailored to the individual needs or circumstances of the offender, but rather to the general expectations and interests of society.
What are the Components of the Deterrent Theory?
The deterrence theory identifies three main components that determine the effectiveness of punishment as a deterrent: severity, certainty, and celerity.
Severity refers to how harsh or painful the punishment is. The deterrence theory assumes that the more severe the punishment, the more deterrent it will be. However, there are limits to how severe a punishment can be, as it must respect human rights and dignity, and avoid causing unnecessary suffering or cruelty.
Certainty refers to how likely or probable the punishment is. The deterrence theory assumes that the more certain the punishment, the more deterrent it will be. However, there are challenges to ensuring certainty, as it depends on factors such as detection, arrest, prosecution, conviction, and sentencing.
Celerity refers to how swift or prompt the punishment is. The deterrence theory assumes that the more celerity the punishment has, the more deterrent it will be. However, there are trade-offs between celerity and other values, such as due process, fairness, and accuracy.
What are the Advantages and Disadvantages of the Deterrent Theory?
The deterrence theory has some advantages and disadvantages as a theory of punishment.
Some advantages are:
- It appeals to common sense and intuition, as most people would agree that fear of punishment can influence behavior.
- It has empirical support from some studies that show a correlation between punishment and crime rates.
- It has practical implications for policy making and law enforcement, as it provides guidelines for setting optimal levels and types of punishment.
Some disadvantages are:
- It ignores other factors that may affect criminal behavior, such as biological, psychological, social, cultural, or situational influences.
- It overestimates the rationality and self-interest of potential offenders, who may act impulsively, emotionally, irrationally, or altruistically.
- It underestimates the negative effects of punishment on offenders and society, such as stigmatization, alienation, resentment, violence, or recidivism.
Conclusion
In conclusion, we have seen how punishment is externally related to lawbreaking according to the deterrence viewpoint. This viewpoint argues that punishment can prevent crime by creating fear of negative consequences in potential offenders. It identifies three components that determine the effectiveness of punishment as a deterrent: severity, certainty, and celerity. It also acknowledges some advantages and disadvantages of this theory as a justification of punishment. According to iPleaders, the deterrence theory of punishment is one of the most influential and controversial theories in the field of criminal justice.
