Explain the sentencing goals of general deterrence and specific deterrence. How do they differ? Is one form of deterrence more effective than the other?
What will be an ideal response?
Deterrence is one of the most popular goals of sentencing. The premise of general deterrence is that people will be too afraid to break the law if they believe that they will be caught and punished severely. If someone is punished severely for a crime, other people will then avoid committing crime. In general, the more certain and severe the punishment is, the greater the deterrent effect. However, if the punishment is so harsh that it seems disproportionate and unfair, that can cause crimes to escalate in frequency and severity. Some justice experts believe that the recent decline in the crime rate is a result of increasing criminal penalties. Once arrested, people have a greater chance today of being convicted than they did in the past. However, due to the inefficiencies of the justice system, the general deterrent effect of punishment is less than desired. The percentage of convicted offenders who receive a prison sentence has declined in the past decade. If this trend continues, the deterrent effect may decline and crime rates may increase. In contrast, specific deterrence is used for the individual lawbreaker to convince him or her that the pains of punishment are greater than the benefits of the crime. This means that a criminal who is punished severely for a crime will avoid committing more crimes in the future. Claims for the specific deterrent effect are weakened by data that shows 80 percent of inmates who are released from prison have had prior convictions and 68 percent will reoffend soon after their release. A prison stay seems to have little effect on reoffending.
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