As well as the key problems for the theory. This theory theorizes the individual as a rational actor who understand the penalties and can logically think and control their actions accordingly. Deterrence Theory Essay Sample. [20], Moral problems with the deterrence theory, An emphasis on deterrence often leads to a harsher sentence than the offender would otherwise be deemed to deserve. Conclusion: Abandoning deterrence…or not? [64] Thus punishment with a deterrent element may ironically result in the promotion of the kind of activities that it is designed to prevent. a. Determinate- pros and cons ‘Deterrence’ is one of the oldest paradigmss in the history of criminological and jurisprudential inquiry. c. Sentencing – 3 types Several states across the Country have, eye literally, would not be a just practice due to it neglecting to acknowledge the two important facets of punishment, deterrence and rehabilitation. [16] Thus, within the utilitarian framework criminals are invariably errant, though still rational, individuals whose perversity or anti-social self interests serve to offer some perceived benefits of offending. [13] Underlying the theory is the assumption that all offenders, and potential offenders, are by nature rational, the hallmark of their actions being the pursuit of maximum pleasure and minimum pain. However, if these calculations lead [criminals] to conclude that costs will exceed rewards, then the rational course of action is to seek gratification in ways other than [criminality]. Before the time of state intervention into private matters, each individual dealt, Deterrence theory is influential in understanding shoplifting, but many shortcomings in this perspective should be addressed to encompass the crime. [65] However, the popular appeal of the notion as a ‘commonsense’ approach to sentencing appears to persist to this day. Further, it argues that from a criminological or sociological perspective, efforts to achieve deterrent effect, in particular where the individual offender is concerned, are in large part counterproductive. Johnson defines the verb ‘deter’ as ‘to discourage by terror, to fright from anything’. Do you think that dangerousness legislation of this sort is justified or unjustified? Deterrence theory is a form of social control that is used to instill fear as a preventative measure to crime. Which is indicative of the society we as americans live in. [33] Most killings, for instance, are not rationally planned, but are impulsive and driven by strong emotion. There are two types of deterrence: general and specific. I will discuss the nuances of the deterrence theory and whether or not it’s a viable form of preventing crime. Show More. [23], Young is critical of this judicial use of deterrence as a ‘sentence enhancing factor’.

[4] The question of, for instance, whether punishment should be an end in and of itself, or whether it ought to be understood as a facilitator of the ideal of offender rehabilitation, remains in the front line of critical discourses into sentencing in the contemporary era. [44] Lending support to this view, commenting on figures in the United States, Cornish and Clarke suggests that offenders are more likely to be put off by the immediate fear of exposure and being caught, as opposed to the threat of some penalty relatively remote in time. Short essay on deterrence theory of Punishment Deterrence has two purposes: (i) to restrain the wrong-doer from repeatedly indulging in crime, and (ii) to set an example for others to deter and prevent them from committing crimes or violating laws. As early as in the early eighteen century, the primary purpose of state imposed punishments was said to be the reduction of crime, by means of ‘terrifying [potential offenders] into obeying the law’. Deterrence theory does not always work especially when looking at my crime history has not deterred me from committing other crimes although I have seen others be arrested and punished. d. Specific or general deterrence [54] Doubts have therefore historically been cast onto the verity of the official figures with the most pessimistic criminological interpretations suggesting that crime statistics are universally doctored, and thus of limited worth to the understanding of the relationship between crime, the state and punishment. Disclaimer: This work has been submitted by a university student. It will also look to see if there is deterrent in punishment at all. A rational person is thought to measure both the gains and losses before committing a crime and would more than likely to be deterred from violating the law, they believed the loss was greater than the gain. Ezeh & Connors v. United Kingdom (2004) 39 EHRR 1, HKSAR v Hiroyuki Takeda [1998] 1 HKLRD 931, Secretary for Justice v Ma Ping-wah [2000] 2 HKLRD 312. [32], The weakness becomes even more obvious in the case of such rarer but usually more horrendous crimes as those involving violence, the offenders of which are characteristically not reasoning. Company Registration No: 4964706. The deterrence theory would be a perfect way to keep these young people out of trouble.

With its roots in the classical and utilitarian thinking of crime, [12] the deterrence theory is often compared to a cost-benefit analysis performed in the economic field. [22] It seems apparent that in such cases the sentencing aim of deterrence can be paramount. Do you have a 2:1 degree or higher? By and large, there is some evidence, albeit anecdotal in one way or another, showing that certainty of punishment has a greater deterrent effect than does severity of punishment. In other word, it is using the punishment as an example to “scare” society from precipitating in criminal acts. [36] Thus some commentators have gone further in contending that, in fact, punitiveness resides in the epicentre of the contemporary penal policies supposedly informed by the utilitarian principles of deterrence. [59] The offender takes on a criminal identity when he is labelled as such by a range of social reactions, including and following the imposition of an official sanction, which has the effect of isolating her from society. Essay Deterrence Theory of Crime. As the Home Office rightly conceded in 1990, offenders very seldom weigh up the possibilities prior to their conduct and typically do not act only after on rational premeditation. South University Online [30] For instance, most petty criminals are often badly informed about the criminal liability, let alone the penalties, associated with the crimes they commit. [63] With all the negative social interactions that punishment entails, a sentence which speaks to the deterrence of the individual offender appears to reinforce the self-prophecy of criminality, render reintegration into the conventional world difficult, and a criminal career almost inevitable. Courts and judges role in helping, Classic Deterrence Theory The deterrence theory is no longer effective in deterring future or repeat criminals……………………….4 Now I’m going to talk about these two topic more broad and let you in on how Rational Choice and Deterrence Theory around the world most places then other plays a great big part in people everyday life, and how you can. There the Court of Appeal forcefully pronounced that ‘[i]f a different approach is to be adopted it should be in response to guidance from the Sentencing Guidelines Council who may wish to consider this matter.’ [67] After all, it is important to bear in mind that the way in which the state responds to criminality has always constituted an inexorably divisive conundrum with hardly any consensus as to what ought to represent a ‘just’ punishment. Research proving deterrence no longer works…………………………………………………………………………………….5 Whilst weight would, in theory, have been accorded to the interests of the offender, where the alleged crimes are considered as threatening the wider community, the utilitarian theory of deterrence demands that individual rights and proportionality, in its narrow sense, subsume under the societal interests. Also we will talk about how in some states mandatory guidelines actually can lower the total prison population. How, Deterrence *You can also browse our support articles here >. Classical Deterrence Theory: An Examination Free resources to assist you with your university studies! Reference this. Significantly, section 142(1) of the Criminal Justice Act 2003 expressly enjoins sentencers to take account of deterrence as one of the purposes of sentencing when determining what and how severe the appropriate punishment in a given case should be. You can view samples of our professional work here. Classic Deterrence Theory The deterrence theory was based on the belief that humans control their behavior based on the perceived rewards and punishments that would result from such actions. a. Time- Each punishment is set person to person regardless Rather, the more prudent and reasonable way to approach the matter would be to continue to observe the constantly evolving concept in an era of significant social, cultural, political and economic change. Many believe that people will commit crimes regardless of deterrence and therefore efforts to deter are in vein. b. Trial- Judge and Supreme court roles But how in states that are not resource, …………………………………………………………………………………………………………………………….4

VAT Registration No: 842417633. 913 Words 4 Pages. [34] In other instances, such are crimes that involve intentionality where offenders commit crime regardless of the risk. For those who have been apprehended and punished, further offending behaviour is still not impossible under the ‘labelling theory’, under which criminality is to be thought of as a quality created inevitably when punitive sanctions are applied to behaviour considered to be “offending”. Under general deterrence, publicity is a major part of deterrence. [5] Thus, it has become increasingly necessary to deliberate upon the worthiness and value of deterrence not only in the context of sentencing but also to the purpose of the entire penal system.

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