Passages Critical of Deterrence Theory

AS you recall, yesterday I lectured a bit on deterrence theory, and toward the end of class I hurriedly read through a couple passages that were critical of this theory. These passages come from a book entitled, "The Mythology of Crime and Criminal Justice" 4th ed.:

First passage,regarding "General Deterrence": "A simple test of deterrence is whether states or countries with the death penalty have lower homicide rates than those that don't. There is no evidence to indicate that this is true. The United States is the only Western democracy that retains capital punishment; it is also the country with the highest homicide rate in the industrialized world. Comparative analyses of regions within the U.S. reveal the same pattern. Southern states account for about 80 percent of all executions, and the South is the only region with a homicide rate above the national average. The homicide rate in states that have retained the death penalty is 6.6; the rate for non-death penalty states is 3.5." (p. 335)

Second passage: "Longer sentences for repeat offenders continue to be a political panacea for crime. It is an easy solution to sell because it seems logical. According to popular folk wisdom, severe punishment and the certainty of prison will deter crime. That may be commonsense logic, but it is wrong. The simple fact is that prison does not deter crime and severe sanctions probably increase the amount of crime in society. If prison terms deterred further criminality, we would expect that people who go to prison would be among those least likely to return there. However, the fact is that within 3 years of release from prison 47 percent were reconvicted for a new crime."

"So the commonsense logic of deterrence is neither logical nor sensible. It is based on a fundamental misunderstanding of both criminals and crime. For deterrence to work, the offender must be a logical actor who understands the consequences of criminal behavior, knows the penalties, and weighs the costs of crime against the benefits of crime. Logic and calm reflection are simply not parts of the crime equation. In addition, a sizable number of offenders are people without hope, living in desperate circumstances. They are the poor, the unemployed, the uneducated, and the socially alienated. Fear of prison is a relatively minor consideration when stacked up against the hopelessness of their day-to-day existence. Yet police and politicians continue to pledge eradication of mythical crime problems through more law and order and more punishment." (pp. 362-363)


This last passage could certainly also apply to a modern variation of deterrence theory known as "rational choice theory," which I will begin talking about first thing tomorrow (Thurs. 9/23). Hope to see everyone then.

PLEASE INCORPORATE THE ABOVE PASSAGES IN YOUR CLASS NOTES.