skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 43996 Find in a Library
Title: PREVENTIVE EFFECTS OF CAPITAL PUNISHMENT OTHER THAN DETERRENCE
Journal: CRIMINAL LAW BULLETIN  Volume:14  Issue:1  Dated:(JANUARY-FEBRUARY 1978)  Pages:34-50
Author(s): J P GIBBS
Corporate Author: Warren, Gorham and Lamont, Inc
United States of America
Date Published: 1978
Page Count: 17
Sponsoring Agency: Warren, Gorham and Lamont, Inc
Boston, MA 02111
Format: Article
Language: English
Country: United States of America
Annotation: OBSERVATIONS ARE OFFERED ON MECHANISMS OTHER THAN DETERRENCE BY WHICH CAPITAL PUNISHMENT MAY PREVENT CRIME.
Abstract: DETERRENCE IS DEFINED AS AN INSTANCE IN WHICH AN INDIVIDUAL REFRAINS FROM A CRIMINAL ACT OR SOMEHOW LIMITS THE COMMISSION OF SUCH AN ACT BECAUSE OF FEAR THAT, OTHERWISE, SOMEONE WILL BE LEGALLY PUNISHED. THE TERM 'FEAR' IMPLIES SOME PERCEPTION OF RISK, HOWEVER REALISTIC OR ACCURATE. THE DEFINITION TAKES INTO ACCOUNT VICARIOUS DETERRENCE, WHICH REFLECTS A FEAR THAT SOMEONE OTHER THAN THE PERPETRATOR WILL BE PUNISHED. MAJOR NONDETERRENT PREVENTIVE MECHANISMS INCLUDE INCAPACITATION AND NORMATIVE VALIDATION. INCAPACITATION REFERS TO THE REDUCTION OF AN INDIVIDUAL'S OPPORTUNITY TO COMMIT SUBSEQUENT OFFENSES AS A RESULT OF THE VERY NATURE OF THE PUNISHMENT. THE CONCEPT OF NORMATIVE VALIDATION REFERS TO THE ROLE OF PUNISHMENT IN MAINTAINING MORAL CONDEMNATION OF CRIME. MORE QUESTIONABLE NONDETERRENT PREVENTIVE MECHANISMS INCLUDE NORMATIVE INSULATION (ISOLATING OFFENDERS FROM FORMER ASSOCIATES), ENCULTURATION (REDUCING IGNORANCE OF THE LAW), STIGMATIZATION, HABITUATION (ESTABLISHING A BEHAVIOR PATTERN THROUGH THE THREAT OF PUNISHMENT), AND PREVENTION THROUGH RETRIBUTION. PUNITIVE SURVEILLANCE AND REFORMATION, THOUGH POSSIBLE NONDETERRENT MECHANISMS OF PREVENTION, ARE IRRELEVANT TO CONSIDERATIONS OF CAPITAL PUNISHMENT. IT IS CONCLUDED THAT DEBATES OVER LEGAL PUNISHMENTS AND CRIME PREVENTION SHOULD NOT BE LIMITED TO ARGUMENTS ABOUT DETERRENCE. ANTICIPATED OBJECTIONS TO THIS CONCLUSION ARE DISCUSSED.
Index Term(s): Capital punishment; Crime prevention measures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=43996

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.