CrimeCrime& &

PunishmentPunishment

The Aims of The Aims of PunishmentPunishment

DeterrenceDeterrence

The Theory of DeterrenceThe Theory of Deterrence

Deterrence means we are trying to deter Deterrence means we are trying to deter people from following a certain course of people from following a certain course of action.action.

We are simply trying to put them off We are simply trying to put them off doing something, often by threatening doing something, often by threatening what will happen if they go ahead and do what will happen if they go ahead and do it.it.

Deterrence works by trying to convince Deterrence works by trying to convince the person that the negative outcomes of the person that the negative outcomes of their actions will outweigh the benefits to their actions will outweigh the benefits to them.them.

Examples of DeterrenceExamples of Deterrence

When teachers used the belt they When teachers used the belt they would often hang the belt up in clear would often hang the belt up in clear view of their class as reminder of view of their class as reminder of what the consequences of any what the consequences of any misbehaviour would bemisbehaviour would be

When William Wallace was executed When William Wallace was executed sections of his body were hung in sections of his body were hung in parts of Britain to show what would parts of Britain to show what would happen to people who opposed the happen to people who opposed the King.King.

Benefits of DeterrenceBenefits of Deterrence

People will avoid doing things that are People will avoid doing things that are wrong because they are fully aware of wrong because they are fully aware of the punishments that await them.the punishments that await them.

It is used before crimes are committed It is used before crimes are committed to try to prevent them in the first place.to try to prevent them in the first place.

If it works it reduces crime and reduces If it works it reduces crime and reduces the damage and suffering caused by it.the damage and suffering caused by it.

Drawbacks of DeterrenceDrawbacks of Deterrence

People have long known that People have long known that deterrence is not an easy tool to use.deterrence is not an easy tool to use.

Some may see it as a challenge, Some may see it as a challenge, other long term criminals my just see other long term criminals my just see it as a drawback of their job.it as a drawback of their job.

Other criminals just don’t expect to Other criminals just don’t expect to be caught so punishments are not a be caught so punishments are not a deterrent.deterrent.

Drawbacks of Deterrence 2Drawbacks of Deterrence 2

It is very difficult to work out how It is very difficult to work out how effective it is. effective it is.

How do we know the amount of How do we know the amount of crimes that have not taken place crimes that have not taken place because of it?because of it?

Sometimes we use don’t really Sometimes we use don’t really intend things to be a deterrent (see intend things to be a deterrent (see textbook page 97)textbook page 97)

The Moral dimensionThe Moral dimension Using punishment as a deterrent only Using punishment as a deterrent only

makes sense and can only be right when it makes sense and can only be right when it actually works.actually works.

We have to devise a way of measuring if it We have to devise a way of measuring if it worksworks

Some people are motivated in different Some people are motivated in different ways and what deters one won’t ways and what deters one won’t necessarily deter another.necessarily deter another.

Many crimes are committed on the spur of Many crimes are committed on the spur of them moment and there is not much time them moment and there is not much time to think of the consequences.to think of the consequences.

The Moral Dimension 2The Moral Dimension 2

Punishments should be proportionate Punishments should be proportionate to the crimes in order for them to be to the crimes in order for them to be fairfair

Deterrence often demands that Deterrence often demands that punishments be harsh in order to put punishments be harsh in order to put people off committing the crimes.people off committing the crimes.

Is it worth punishing harshly when Is it worth punishing harshly when we aren’t sure how effective the we aren’t sure how effective the punishment is as a deterrent?punishment is as a deterrent?

A Christian view of DeterrenceA Christian view of Deterrence Christians may not be happy with a system which Christians may not be happy with a system which

deliberately punishes harshly and isn't seen to be deliberately punishes harshly and isn't seen to be fair.fair.

Using someone’s punishment as a deterrent Using someone’s punishment as a deterrent means you have lost sight of punishing the means you have lost sight of punishing the individual crime with its own circumstances and individual crime with its own circumstances and are using the person as a means and not an end.are using the person as a means and not an end.

Christians would object to using people as tools to Christians would object to using people as tools to put off others, the correct response may be to put off others, the correct response may be to turn the other cheek.turn the other cheek.

What about people who commit crime on the spur What about people who commit crime on the spur of the moment. They may be unable to consider of the moment. They may be unable to consider the consequences and are therefore being the consequences and are therefore being punished more harshly for that.punished more harshly for that.

A Humanist view of DeterrenceA Humanist view of Deterrence Humanists, like Christians, believe that Humanists, like Christians, believe that

punishments should be directly related to punishments should be directly related to the crime involved and not to some great the crime involved and not to some great lesson we are trying to teach others.lesson we are trying to teach others.

Punishment should be fair and balanced not Punishment should be fair and balanced not harsh and non-specific.harsh and non-specific.

You cannot punish someone too harshly just You cannot punish someone too harshly just to use their punishment as a deterrent to to use their punishment as a deterrent to others.others.

Utilitarians would suggest that it is good to Utilitarians would suggest that it is good to protect the majority from crime by protect the majority from crime by punishing the minority harshly but we have punishing the minority harshly but we have to be careful how far we go with this.to be careful how far we go with this.

The Scottish Example - FinesThe Scottish Example - Fines

Most punishments in Scotland are Most punishments in Scotland are expected to act as a deterrent.expected to act as a deterrent.

Fines hit us in the pocket so we are Fines hit us in the pocket so we are deterred by possibly losing our money.deterred by possibly losing our money.

Is this fair? Does it punish poor people Is this fair? Does it punish poor people more than rich people? more than rich people?

Does some people’s ability to pay easily Does some people’s ability to pay easily make Deterrence in this case unfair?make Deterrence in this case unfair?

The Scottish Example – The Scottish Example – Community ServiceCommunity Service

Community Service is supposed to be Community Service is supposed to be a deterrent since people have to give a deterrent since people have to give up their time and energy and take up their time and energy and take part in a very visible punishment part in a very visible punishment which for some may be humiliating.which for some may be humiliating.

However others may see it as an However others may see it as an easy option and not as a deterrent.easy option and not as a deterrent.

The Scottish Example - PrisonThe Scottish Example - Prison Prison is often seen as the best deterrent Prison is often seen as the best deterrent

available in Scotland.available in Scotland. Most law-abiding citizens want to avoid a Most law-abiding citizens want to avoid a

prison sentence and so avoid committing prison sentence and so avoid committing crime.crime.

However some people have spent a lot of However some people have spent a lot of time in prison already and it may not seem time in prison already and it may not seem like such a deterrent to them.like such a deterrent to them.

Many people have an image of prisons as Many people have an image of prisons as places which are quite comfortable now. places which are quite comfortable now. This may not act like such a deterrent if This may not act like such a deterrent if they think life in prison will be bearable.they think life in prison will be bearable.

Deterrence - SummaryDeterrence - Summary

Deterrence can put some people off Deterrence can put some people off but it is unfair if it involves punishing but it is unfair if it involves punishing people harshly just to use them as an people harshly just to use them as an example to others.example to others.

People often commit crimes in People often commit crimes in reaction to events and are not reaction to events and are not thinking of the punishment that thinking of the punishment that awaits them so deterrence does not awaits them so deterrence does not work on them.work on them.