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PREVENTIVE EFFECTS OF CAPITAL PUNISHMENT OTHER THAN DETERRENCE

NCJ Number
43996
Journal
Criminal Law Bulletin Volume: 14 Issue: 1 Dated: (JANUARY-FEBRUARY 1978) Pages: 34-50
Author(s)
J P GIBBS
Date Published
1978
Length
17 pages
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.

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