Explain the deterrence theory of punishment. Define the two types and give an example.

What will be an ideal response?


Deterrence is one of the utilitarian justifications for punishment that was developed in the 18th century
by Jeremy Bentham and Cesare Beccaria. Deterrence theory suggests that crime results from a rational
calculation of the costs and benefits of criminal activity and individuals commit crimes when the benefits
outweigh the costs. Deterrence theorists suggest that potential offenders will refrain from committing
crime if they believe that the odds of getting caught and being severely punished are high and are not
outweighed by any anticipated gain from the crime. Therefore, the deterrence theory emphasizes that
punishment must reflect certainty, severity, and celerity. The two types of deterrence are general and
specific. Specific deterrence occurs when someone who has been legally punished ceases offending
because of a fear of future punishment. General deterrence occurs when potential offenders “learn of the
consequences of criminal involvement [for actual offenders] and decide not to risk subjecting themselves
to such punishment” (Durham, 1994, p. 134). If, for example, a young woman is sentenced to 30 days in
jail for drunk driving and, as a result of being punished, never again gets behind the wheel of a car after
she has been drinking, we would say that specific deterrence has occurred. If those who learn of her
sentence similarly resolve to refrain from drinking and driving, we would conclude that general
deterrence has occurred.

Criminal Justice

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Indicate whether the statement is true or false.

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To define when a search takes place, which two important factors need to be considered?

A) Government action and probable cause B) Government action and objective reasonableness C) Government action and reasonable expectation of privacy D) None of the above

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The oldest privilege protecting the confidentiality of communication is:

a. The attorney-client privilege b. The clergy-penitent privilege c. The physician-patient privilege d. The husband-wife privilege

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