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20 - Deterrability and Moral Judgment

from Part II - Deterrence and Incapacitation

Published online by Cambridge University Press:  07 May 2021

Benjamin van Rooij
Affiliation:
School of Law, University of Amsterdam
D. Daniel Sokol
Affiliation:
University of Florida
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Summary

Abstract: Crime control policies of the latter half of the twentieth century were largely grounded in the notion that punishment effectively deters crime and increases compliance. The inherent assumption is that offenders rationally weigh the costs and benefits of their actions before acting, and then act if and only if the benefits outweigh the costs. In retrospect, the policies informed by this “deterrence” perspective have done little to answer the age-old question of what deters crime and increases compliance, and instead have left us in an era of mass incarceration in which the US prison population has inflated by over 500 percent since the 1970s. However, rather than halt deterrence research wholesale, researchers have shifted to identifying for whom deterrence threats actually work. While the literature is in its nascent stages, studies indicate that individual differences may underlie who may be more or less susceptible to deterrence threats, and support a number of different mechanisms. For instance, emerging research suggests that individuals high in the obligation to obey the law and low in moral disengagement may be more responsive to deterrence threats. This chapter reports the findings of a developing body of research that focuses on identifying key individual differences that may underlie susceptibility to deterrence threats.

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Publisher: Cambridge University Press
Print publication year: 2021

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References

Apel, Robert, and Nagin, Daniel S.. 2017. “Perceptual Deterrence.” In The Oxford Handbook of Offender Decision Making, edited by Bernasco, Wim, Van Gelder, Jean-Louis, and Elffers, Henk, 121–40. New York: Oxford University Press.Google Scholar
Bachman, Ronet, Paternoster, Raymond, and Ward, Sally. 1992. “The Rationality of Sexual Offending: Testing a Deterrence/Rational Choice Conception of Sexual Assault.” Law & Society Review 26: 343–72.CrossRefGoogle Scholar
Bandura, Albert. 1991. “Social Cognitive Theory of Moral Thought and Action.” In Handbook of Moral Behavior and Development, Volume 1: Theory, edited by Kurtines, William M. and Gewirtz, Jacob L., 45103. New Jersey: Psychology Press.Google Scholar
Bandura, Albert, Barbaranelli, Claudio, Caprara, Gian Vittorio, and Pastorelli, Concetta. 1996. “Mechanisms of Moral Disengagement in the Exercise of Moral Agency.” Journal of Personality and Social Psychology 71: 364–74.CrossRefGoogle Scholar
Beccaria, Cesare. [1764] 1986. On Crimes and Punishments. Transaction Press.Google Scholar
Bentham, Jeremy. [1879] 1988. An Introduction to the Principles of Morals and Legislation. Clarendon Press.Google Scholar
Braga, Anthony A., Weisburd, David, and Turchan, Brandon. 2018. “Focused Deterrence Strategies and Crime Control: An Updated Systematic Review and Meta‐analysis of the Empirical Evidence.” Criminology & Public Policy 17(1): 205–50.CrossRefGoogle Scholar
Chalfin, Aaron, and McCrary, Justin. 2017. “Criminal Deterrence: A Review of the Literature.” Journal of Economic Literature 55(1): 548.CrossRefGoogle Scholar
Durlauf, Steven N., and Nagin, Daniel S.. 2011. “Imprisonment and Crime: Can Both Be Reduced?Criminology & Public Policy 10(1): 1354.Google Scholar
Fine, Adam, and van Rooij, Benjamin. 2017. “For Whom Does Deterrence Affect Behavior? Identifying Key Individual Differences.” Law and Human Behavior 41(4): 354–60.Google Scholar
Fine, Adam, Van Rooij, Benjamin, Feldman, Yuval, Shalvi, Shaul, Scheper, Eline, Leib, Margarita, and Cauffman, Elizabeth. 2016. “Rule Orientation and Behavior: Development and Validation of a Scale Measuring Individual Acceptance of Rule Violation.” Psychology, Public Policy, and Law 22(3): 314–29.Google Scholar
Fine, A., Thomas, A., van Rooij, B., and Cauffman, E.. 2020. “Age-Graded Differences and Parental Influences on Adolescents’ Obligation to Obey the Law.” Journal of Developmental and Life-Course Criminology 6(1): 2542. https://doi.org/10.1007/s40865-020-00134-8.Google Scholar
Gallupe, Owen, and Baron, Stephen W.. 2014. “Morality, Self-Control, Deterrence, and Drug Use: Street Youths and Situational Action Theory.” Crime & Delinquency 60(2): 284305.Google Scholar
Grasmick, Harold G., and Green, Donald E.. 1981. “Deterrence and the Morally Committed.” Sociological Quarterly 22(1): 114.Google Scholar
Jacobs, Bruce A. 2010. “Deterrence and Deterrability.” Criminology 48(2): 417–41.Google Scholar
Jensen, Gary F., Erickson, Maynard L., and Gibbs, Jack P.. 1978. “Perceived Risk of Punishment and Self-Reported Delinquency.” Social Forces 57(1): 5778.Google Scholar
Kaplan, Jacob, and Chalfin, Aaron. 2019. “More Cops, Fewer Prisoners?Criminology & Public Policy 18(1): 171200.Google Scholar
Loughran, Thomas A., Piquero, Alex R., Fagan, Jeffrey, and Mulvey, Edward P.. 2012. “Differential Deterrence: Studying Heterogeneity and Changes in Perceptual Deterrence among Serious Youthful Offenders.” Crime & Delinquency 58(1): 327.CrossRefGoogle Scholar
Loughran, Thomas A., Paternoster, Raymond, and Piquero, Alex R.. 2018. “Individual Difference and Deterrence.” In Deterrence, Choice, and Crime, edited by Nagin, Daniel S, Cullen, Francis T., and Jonson, Cheryl L., vol. 23, 211–38. New York: Routledge.Google Scholar
Nagin, Daniel S. 1998. “Criminal Deterrence Research at the Outset of the Twenty-First Century.” In Crime and Justice: A Review of Research, edited by Tonry, Michael, vol. 23, 142. Chicago: University of Chicago Press.Google Scholar
Nagin, Daniel S. 2018. “Deterrent Effects of the Certainty and Severity of Punishment.” In Deterrence, Choice, and Crime, edited by Nagin, Daniel S, Cullen, Francis T., and Jonson, Cheryl L., vol. 23, 157–86. New York: Routledge.Google Scholar
Nagin, Daniel S., and Paternoster, Raymond. 1993. “Enduring Individual Differences and Rational Choice Theories of Crime.” Law & Society Review 27(3): 467–96.Google Scholar
Nagin, Daniel S., and Paternoster, Raymond. 1994. “Personal Capital and Social Control: The Deterrence Implications of a Theory of Individual Differences in Criminal Offending.” Criminology 32(4): 581606.Google Scholar
Nagin, Daniel S., and Pogarsky, Greg. 2001. “Integrating Celerity, Impulsivity, and Extralegal Sanction Threats into a Model of General Deterrence: Theory and Evidence.” Criminology 39(4): 865–92.Google Scholar
Nagin, Daniel S., and Pogarsky, Greg. 2003. “An Experimental Investigation of Deterrence: Cheating, Self‐Serving Bias, and Impulsivity.” Criminology 41(1): 167–94.CrossRefGoogle Scholar
Nagin, Daniel S., and Pogarsky, Greg. 2004. “Time and Punishment: Delayed Consequences and Criminal Behavior.” Journal of Quantitative Criminology 20(4): 295317.Google Scholar
Paternoster, Raymond. 1987. “The Deterrent Effect of the Perceived Certainty and Severity of Punishment: A Review of the Evidence and Issues.” Justice Quarterly 4(2): 173217.Google Scholar
Paternoster, Raymond. 2018. “Perceptual Deterrence Theory.” In Deterrence, Choice, and Crime, edited by Nagin, Daniel S., Cullen, Francis T., and Jonson, Cheryl L., vol. 23, 81106. New York: Routledge.Google Scholar
Paternoster, Raymond, and Simpson, Sally. 1996. “Sanction Threats and Appeals to Morality: Testing a Rational Choice Model of Corporate Crime.” Law & Society Review 30(3): 549–83.CrossRefGoogle Scholar
Pauwels, Lieven, Weerman, Frank, Bruinsma, Gerben, and Bernasco, Wim. 2011. “Perceived Sanction Risk, Individual Propensity and Adolescent Offending: Assessing Key Findings from the Deterrence Literature in a Dutch Sample.” European Journal of Criminology 8(5): 386400.CrossRefGoogle Scholar
Pickett, Justin T., and Roche, Sean Patrick. 2016. “Arrested Development: Misguided Directions in Deterrence Theory and Policy.” Criminology & Public Policy 15(3): 727–51.Google Scholar
Pickett, Justin T., Roche, Sean Patrick, and Pogarsky, Greg. 2018. “Toward a Bifurcated Theory of Emotional Deterrence.” Criminology 56(1): 2758.Google Scholar
Piquero, Alex, and Tibbetts, Stephen. 1996. “Specifying the Direct and Indirect Effects of Low Self-Control and Situational Factors in Offenders’ Decision Making: Toward a More Complete Model of Rational Offending.” Justice Quarterly 13(3): 481510.CrossRefGoogle Scholar
Piquero, Alex R., Paternoster, Raymond, Pogarsky, Greg, and Loughran, Thomas. 2011. “Elaborating the Individual Difference Component in Deterrence Theory.” Annual Review of Law and Social Science 7: 335–60.Google Scholar
Pogarsky, Greg. 2007. “Deterrence and Individual Differences among Convicted Offenders.” Journal of Quantitative Criminology 23(1): 5974.Google Scholar
Pratt, Travis C., and Cullen, Francis T.. 2005. “Assessing Macro-Level Predictors and Theories of Crime: A Meta-analysis.” Crime and Justice 32: 373450.CrossRefGoogle Scholar
Pratt, Travis C., Cullen, Francis T., Blevins, Kristie R., Daigle, Leah E., and Madensen, Tamara D.. 2008. “The Empirical Status of Deterrence Theory: A Meta-analysis.” In Taking Stock: The Status of Criminological Theory, edited by Cullen, Francis T., Wright, John P., and Blevins, Kristie R., vol. 15, 367–96. New York: Routledge.Google Scholar
Sawyer, W., and Wagner, P. 2019. “Mass Incarceration: The Whole Pie 2019.” Prison Policy Initiative. www.prisonpolicy.org/reports/pie2019.html.Google Scholar
Shulman, Elizabeth P., Monahan, Kathryn C., and Steinberg, Laurence. 2017. “Severe Violence during Adolescence and Early Adulthood and Its Relation to Anticipated Rewards and Costs.” Child Development 88(1): 1626.Google Scholar
Svensson, Robert. 2015. “An Examination of the Interaction between Morality and Deterrence in Offending: A Research Note.” Crime & Delinquency 61(1): 318.CrossRefGoogle Scholar
Thomas, Kyle J., Loughran, Thomas A., and Piquero, Alex R.. 2013. “Do Individual Characteristics Explain Variation in Sanction Risk Updating among Serious Juvenile Offenders? Advancing the Logic of Differential Deterrence.” Law and Human Behavior 37(1): 1021.CrossRefGoogle ScholarPubMed
Tonry, Michael. 2018. “An Honest Politician’s Guide to Deterrence: Certainty, Severity, Celerity, and Parsimony.” In Deterrence, Choice, and Crime, edited by Nagin, Daniel S, Cullen, Francis T., and Jonson, Cheryl L., vol. 23, 365–92. New York: Routledge.Google Scholar
Tyler, T. 1997. “Procedural Fairness and Compliance with the Law.” Swiss Journal of Economics and Statistics 133: 219–40.Google Scholar
Tyler, Tom R. 2006. Why People Obey the Law. Princeton, NJ: Princeton University Press.Google Scholar
Wikström, Per-Olof H. 2006. “Individuals, Settings, and Acts of Crime: Situational Mechanisms and the Explanation of Crime.” In The Explanation of Crime: Contexts, Mechanisms, and Development, edited by Wikström, Per-Olof H. and Sampson, Robert J., 61107. Cambridge: Cambridge University Press.Google Scholar
Wikström, Per-Olof H. 2014. “Why Crime Happens: A Situational Action Theory.” In Analytical Sociology: Actions and Networks, edited by Manzo, Gianluca, 7494. Chester, UK: John Wiley & Sons, Ltd.Google Scholar
Wikström, Per-Olof H., and Treiber, Kyle. 2007. “The Role of Self-Control in Crime Causation: Beyond Gottfredson and Hirschi’s General Theory of Crime.” European Journal of criminology 4(2): 237–64.Google Scholar
Zimring, Franklin E. 1971. Perspectives on Deterrence, vol. 2. National Institute of Mental Health, Center for Studies of Crime and Delinquency.Google Scholar

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