Preview

Beccarria And Deterrence Theory Of Punishment

Good Essays
Open Document
Open Document
978 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Beccarria And Deterrence Theory Of Punishment
After a time when punishment was based on the idea of an eye for an eye and the supernatural world a new type of thinking came out that focused on rational choice and freewill. Ceasare Baccaria wrote On Crimes and Punishments, which focused on punishment as a way of preventing crime versus intervening in someone’s morality. Beccarria and deterrence theory assume that people are not influenced by some higher power but that people make rational choices to commit crime because according to their calculations it will provide the most benefits. These ideas become intertwined and strengthened by Jeremy Bentham’s thoughts on punishment and how as long as punishment outweighed the pleasure within the criminal act then crime would not occur. These ideas …show more content…
The courts system and the corrections system make up a majority of the system these criminals will have to face. They also house key players who enact and enforce laws and punishments that according to deterrence theory either make or break the defining of a criminal. The courts system gives people punishments that could include being held in jail or prison, they also often times interpret what is going to be deemed criminal and therefore what will be punished. Without these two parts of the criminal justice system working efficiently and judges handing out punishments that are reasonable, the ideas of deterrence theory will not work. For example, Brock Turner raped a female behind a dumpster and was sentenced to six months in jail and actually released at three months via “good behavior”. The idea of deterrence theory in case will not work and he is more likely to commit a criminal act again because the judge did not give him a punishment that fit his crime. This is an example of where without the whole criminal justice system functioning properly crime according to deterrence theory it will therefore lack the abilities to actually deter

You May Also Find These Documents Helpful

  • Better Essays

    The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…

    • 1239 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today, this definition may pass as true for many governments, but years ago when philosophers were discussing ideas about government and laws, one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment, and deciding the purpose behind punishing people. Joel Feinberg, Jules Coleman, and Christopher Kutz are three philosophers that spent a lot of time discussing their beliefs and ideas about punishment.…

    • 859 Words
    • 3 Pages
    Better Essays
  • Good Essays

    The deterrence model is the idea that the fear of punishment will prevent criminals or potential criminals from committing a crime. There are two different types of deterrence, which are general and specific. General deterrence is the preventing crime among the general population. The general public includes only those who have not committed a crime before. Specific deterrence is trying to prevent a specific group of people or specific person from committing a crime in the future. The deterrence model has been noted to not be effective. The deterrence model is half way effective because it does put fear in some people, but it does not exemplify all the many reasons people commit crimes. Many criminals or potential criminals may fear being…

    • 422 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Deterrence: Its primary goal is to discourage members of society from committing criminal acts out of fear of punishment. The most powerful deterrent would be a criminal justice system that guaranteed with certainty that all persons who broke the law would be apprehended, convicted, and punished, and would receive no personal benefit from their wrongdoing. Examples of the deterrence theory of sentencing is to torture the offenders and to sentence them to the death penalty.…

    • 1361 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Three Strike Rule

    • 794 Words
    • 4 Pages

    In todays society we struggle to enforce crime and reflect deterrence. This is why we have criminologist who study the behaviors of our criminals. They study hard day in and day out to find ways to deter crime. It is hard to stop crime because of all the other variables that may be included in the crime. The system may be willing to change but are you? In class we have discovered many different ways the criminal justice system can be and is modeled. A few models we spoke about were the interracial view of crime, conflict view of crime and consensus view of crime. These models just are examples of how some systems operate. Another way the criminal justice system enforces crime is by the three strikes law. Only twenty-four states have adopted this law. What this law basically does is give the criminal three chances to avoid major jail time. After the third time you get into trouble with the law your doing twenty-five to life in jail without no parole. Ouch! Currently the state of New Jersey has this law. There are certain guidelines and restrictions to this law though. In some states in order for this to be taken into action your third criminal offense must be a serious felony. For example Washington includes non-violent felonies to qualify as a strike. Though it seems that this would be somewhat more affective since this risks more of a threat to one who thinking of committing a crime. This enables more opportunity to earn a strike. It defiantly inflicts more fear on the individuals. I think taking these people out of society is our best bet. They need to de put away so that they don’t continue corrupting our society and reoffending and influencing others. Clearly they are up to no good and have nothing good to offer to our citizens if they chose to commit a serious crime not only once but three times. For our own safety it is better to put them away and separate the haves and the have nots. These criminals are repeat offenders they clearly are not trying to do the…

    • 794 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Focused Deterrence Theory

    • 523 Words
    • 3 Pages

    Unlike the focused deterrence theory, the “regular” deterrence has a broader target rather than just drugs and gangs. Deterrence deters people from committing all types of crimes and is targeted to gain retribution of offenders committing crimes. The way it does punishment isn’t like the focused deterrence theory pulling all the legal levers and giving the biggest punishment, the way that plain deterrence works is matching the level of punishment to the level of crime committed.…

    • 523 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Today in our country our justice system runs by two models in order to keep peace and order to the public the first model is the determinate sentencing model what the Determinate model is when the judge is about to pass a sentence on to defendant and to address the problem with crimes that has been going around since the 1980s for example the government of some states in our country passed the three strike laws where when someone commits a crime that is considered serious then they get harsher sentences and to tell people who are more likely to commit the crime to don’t do it and it is not worth it . One of the pros for the determinate sentencing model is that the defendant could be eligible for probation, parole and alternative programs…

    • 841 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Multiple studies have shown that stiff punishment acts as a deterrent to criminal behavior. Morgan Reynolds states that, “The reality is that the threat of bad consequences, including retribution posed by the legal system, protects life and property against predation” (3). Basically, criminals often know about the consequences they could face before they actually commit a crime. There is usually a period of time that the…

    • 1736 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Deterrence Failures

    • 189 Words
    • 1 Page

    When it comes to deterrence I think that there is a difference between what is expected of the legal system and what the system actually delivers. We need to have deterrence but I don’t think we do a proper job in enforcing it. Paternoster talks about how we use sanction threats as a way to deter crime but it doesn’t change people’s minds. It’s hard to determine how strong of an effect threats can deter someone actions. Whether it’s someone who believes they’ll never be caught or they are thinking irrationally in the first place. We should come up with another form of deterrent instead of always resulting in punishment. Yet the more I read this article the more I begin to believe that deterrence might just be doomed to fail. I did however…

    • 189 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Classical Era Punishment

    • 955 Words
    • 4 Pages

    Cesare Beccaria was the author of On Crimes and Punishments. His essay was about condemning torture and the capital punishment and reformation. His essay would later be used as a guide for constructing the Bill of Rights and the U.S Constitution. He had a social contract view of society in which everyone agreed that the Lawmaker was the sovereign power who alone represented the will of all the people. He believed an effective punishment should be swift, certain, impartial, universal, and proportionate to the crime. Deterrence depends upon learning on associating cause and effect. The sooner the punishment follows on the crime, the stronger the association in the mind of the criminal. When judges stray from the punishment set…

    • 955 Words
    • 4 Pages
    Good Essays
  • Good Essays

    sentencing paper

    • 1042 Words
    • 4 Pages

    There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that the punishment is right because it is deserved. Retribution has been around for some time, it is better known to some as “an eye for an eye” or “a life for a life” in more cases. Rehabilitation is to bring back to life, through therapy and education. A goal of rehabilitation is to prevent habitual offending. Incapacitation is seen as a good consequence of punishment because while behind bars the offender is out of society and unable to reoffend. Reparation means that the offender must make restitution to the victim as part of the punishment as a part of their condition for reentry to society. Reparation may be added with incarceration or rehabilitation.…

    • 1042 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Imprisonment is one of the most widely used forms of punishments globally, the ideology of imprisonment globally tends to remain the same. There are several functions of imprisonment and whether it is an effective method of punishment is widely argued by sociologist. To remove the offender from society, as to keep society safe is one function that stands out, by putting the offender in a high security environment you take away their freedom to commit offences towards the public again. However it could be argued that prison is deemed an unsafe environment for the offender itself as an institution, for many it’s an environment where they have to adapt to survive, in which case becoming a breeding more criminals as a result of this or producing victims. Alternative punishment such as house arrest or probation would be more suitable in the face of the offender’s personal safety, whereby they are still paying for the crimes they have committed, with limitations on their freedom, however they are much safer. Statistics show that 50% of offenders that are released from prison are likely to reoffend within 3 years, which is the same rate as those who are given these alternative punishment. With 3% of the American population in prison and a large majority of those likely to reoffend within 3 year of release, they should be looking for alternative approaches to prison that takes into account the safety of the offender. However it could be argued that prison is there to be tough and that the people in there are criminals and should be treated as such.…

    • 1349 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sentencing

    • 385 Words
    • 1 Page

    The one quote that stood out the most to me was the one given by the American Correctional Association. They stated, “The absence of a noticeable reduction in the adult crime rate as incarceration rates have climbed raises serious questions about the efficacy of America’s sentencing policies”. To me this is very relevant to society today. In American today the incarceration rates have climbed, but the adult crime rates have not reduced. Therefore, how effective is our sentencing policies in America. The American Correctional Association is hinting at the ideology of deterrence, and what deterrence should encompass. In goal of deterrence is highly theoretical (which is half the problem) in the fact that it is intended to prevent other potential offenders from committing crimes due to the potential for punishment. In other words, deterrence is supposed to make people not want to commit crimes if they see harsh punishment against crime. Therefore, the behavior of the offender should change, because they will not want to go through with the crime to resort with that harsh punishment. However, does this actually work? Do prisons deter people from crime? Behaviorally, I do not think deterrence works, because this might not faze them. Sometimes when people commit crimes, they do not care about the punishment, or feel any kind of remorse. Therefore, their behavior would not change so deterrence would be ineffective. Also, this also comes across the ideology of the death penalty, because that’s a major punishment. However, the death penalty doesn’t stop people from committing the crimes that person committed either. Therefore, deterrence simply does not work, because for an adult a slap on a wrist doesn’t cut it anymore. However, I believe incapacitation sentencing does work, and this should be used instead of deterrence. If you are imprisoned how are you supposed to commit crime? You simply can’t. Therefore, if an…

    • 385 Words
    • 1 Page
    Good Essays
  • Better Essays

    Punishment Research Paper

    • 1083 Words
    • 5 Pages

    By definition, deterrence can mean society’s way of preventing criminal behavior through the act of punishing. Deterrence was noticed by the eighth century. At that time society thought that if anyone was able to think then they would not commit a single crime due to the fact that the punishment would overcome the benefit of the crime committed. With that in mind citizens wouldn’t even think about committing a crime because of the outcome of the punishment. Deterrence was put into place to drop the rise of the death penalty by scaring citizens from doing any crime at all. Today the rate of crime is still on a rise so there are some people that feel this type of punishment isn’t very effective. If criminals were at all afraid of the punishment…

    • 1083 Words
    • 5 Pages
    Better Essays