Crime & Punishment The Aims of Punishment Deterrence

The Theory of Deterrence Deterrence means we are trying to deter people from following a certain course of action. Deterrence means we are trying to deter people from following a certain course of action. We are simply trying to put them off doing something, often by threatening what will happen if they go ahead and do it. We are simply trying to put them off doing something, often by threatening what will happen if they go ahead and do it. Deterrence works by trying to convince the person that the negative outcomes of their actions will outweigh the benefits to them. Deterrence works by trying to convince the person that the negative outcomes of their actions will outweigh the benefits to them.

Examples of Deterrence When teachers used the belt they would often hang the belt up in clear view of their class as reminder of what the consequences of any misbehaviour would be When teachers used the belt they would often hang the belt up in clear view of their class as reminder of what the consequences of any misbehaviour would be When William Wallace was executed sections of his body were hung in parts of Britain to show what would happen to people who opposed the King. When William Wallace was executed sections of his body were hung in parts of Britain to show what would happen to people who opposed the King.

Benefits of Deterrence People will avoid doing things that are wrong because they are fully aware of the punishments that await them. People will avoid doing things that are wrong because they are fully aware of the punishments that await them. It is used before crimes are committed to try to prevent them in the first place. It is used before crimes are committed to try to prevent them in the first place. If it works it reduces crime and reduces the damage and suffering caused by it. If it works it reduces crime and reduces the damage and suffering caused by it.

Drawbacks of Deterrence People have long known that deterrence is not an easy tool to use. People have long known that deterrence is not an easy tool to use. Some may see it as a challenge, other long term criminals my just see it as a drawback of their job. Some may see it as a challenge, other long term criminals my just see it as a drawback of their job. Other criminals just don’t expect to be caught so punishments are not a deterrent. Other criminals just don’t expect to be caught so punishments are not a deterrent.

Drawbacks of Deterrence 2 It is very difficult to work out how effective it is. It is very difficult to work out how effective it is. How do we know the amount of crimes that have not taken place because of it? How do we know the amount of crimes that have not taken place because of it? Sometimes we use don’t really intend things to be a deterrent (see textbook page 97) Sometimes we use don’t really intend things to be a deterrent (see textbook page 97)

The Moral dimension Using punishment as a deterrent only makes sense and can only be right when it actually works. Using punishment as a deterrent only makes sense and can only be right when it actually works. We have to devise a way of measuring if it works We have to devise a way of measuring if it works Some people are motivated in different ways and what deters one won’t necessarily deter another. Some people are motivated in different ways and what deters one won’t necessarily deter another. Many crimes are committed on the spur of them moment and there is not much time to think of the consequences. Many crimes are committed on the spur of them moment and there is not much time to think of the consequences.

The Moral Dimension 2 Punishments should be proportionate to the crimes in order for them to be fair Punishments should be proportionate to the crimes in order for them to be fair Deterrence often demands that punishments be harsh in order to put people off committing the crimes. Deterrence often demands that punishments be harsh in order to put people off committing the crimes. Is it worth punishing harshly when we aren’t sure how effective the punishment is as a deterrent? Is it worth punishing harshly when we aren’t sure how effective the punishment is as a deterrent?

A Christian view of Deterrence Christians may not be happy with a system which deliberately punishes harshly and isn't seen to be fair. Christians may not be happy with a system which deliberately punishes harshly and isn't seen to be fair. Using someone’s punishment as a deterrent means you have lost sight of punishing the individual crime with its own circumstances and are using the person as a means and not an end. Using someone’s punishment as a deterrent means you have lost sight of punishing the individual crime with its own circumstances and are using the person as a means and not an end. Christians would object to using people as tools to put off others, the correct response may be to turn the other cheek. Christians would object to using people as tools to put off others, the correct response may be to turn the other cheek. What about people who commit crime on the spur of the moment. They may be unable to consider the consequences and are therefore being punished more harshly for that. What about people who commit crime on the spur of the moment. They may be unable to consider the consequences and are therefore being punished more harshly for that.

A Humanist view of Deterrence Humanists, like Christians, believe that punishments should be directly related to the crime involved and not to some great lesson we are trying to teach others. Humanists, like Christians, believe that punishments should be directly related to the crime involved and not to some great lesson we are trying to teach others. Punishment should be fair and balanced not harsh and non-specific. Punishment should be fair and balanced not harsh and non-specific. You cannot punish someone too harshly just to use their punishment as a deterrent to others. You cannot punish someone too harshly just to use their punishment as a deterrent to others. Utilitarians would suggest that it is good to protect the majority from crime by punishing the minority harshly but we have to be careful how far we go with this. Utilitarians would suggest that it is good to protect the majority from crime by punishing the minority harshly but we have to be careful how far we go with this.

The Scottish Example - Fines Most punishments in Scotland are expected to act as a deterrent. Most punishments in Scotland are expected to act as a deterrent. Fines hit us in the pocket so we are deterred by possibly losing our money. Fines hit us in the pocket so we are deterred by possibly losing our money. Is this fair? Does it punish poor people more than rich people? Is this fair? Does it punish poor people more than rich people? Does some people’s ability to pay easily make Deterrence in this case unfair? Does some people’s ability to pay easily make Deterrence in this case unfair?

The Scottish Example – Community Service Community Service is supposed to be a deterrent since people have to give up their time and energy and take part in a very visible punishment which for some may be humiliating. Community Service is supposed to be a deterrent since people have to give up their time and energy and take part in a very visible punishment which for some may be humiliating. However others may see it as an easy option and not as a deterrent. However others may see it as an easy option and not as a deterrent.

The Scottish Example - Prison Prison is often seen as the best deterrent available in Scotland. Prison is often seen as the best deterrent available in Scotland. Most law-abiding citizens want to avoid a prison sentence and so avoid committing crime. Most law-abiding citizens want to avoid a prison sentence and so avoid committing crime. However some people have spent a lot of time in prison already and it may not seem like such a deterrent to them. However some people have spent a lot of time in prison already and it may not seem like such a deterrent to them. Many people have an image of prisons as places which are quite comfortable now. This may not act like such a deterrent if they think life in prison will be bearable. Many people have an image of prisons as places which are quite comfortable now. This may not act like such a deterrent if they think life in prison will be bearable.

Deterrence - Summary Deterrence can put some people off but it is unfair if it involves punishing people harshly just to use them as an example to others. Deterrence can put some people off but it is unfair if it involves punishing people harshly just to use them as an example to others. People often commit crimes in reaction to events and are not thinking of the punishment that awaits them so deterrence does not work on them. People often commit crimes in reaction to events and are not thinking of the punishment that awaits them so deterrence does not work on them.