Why Do We Punish

1
Why Do We Punish???

• Dr. Matthew Robinson
• CJ 3532, Injustice in America
• Appalachian State University

2
Main Reasons to Punish

• Retribution
• Deterrence
• Incapacitation
• Rehabilitation
• (also Restoration)

3
Retribution

• The first is private but the second is public
• The first is not justified by law but the second
  is justified
• The first entails the offender being paid back by
  the victim but the second entails the offender
  paying back society
• The first is only a natural emotion rooted in our
  biology but the second is also about socialization

• There are at least two meanings
• 1) emotional response aimed at getting even
  (vengeance or just desserts)
• 2) rational response aimed at righting a wrong
  (retribution or justice)

4
Is there really vengeance?

• Murderers are now executed using lethal injection
  (much easier than their heinous crimes)
• And, we do not give other types of offenders
  punishment that equals their crimes (e.g., burn
  homes of arsonists, rape rapists, take cars of
  car thieves, rob robbers, etc.)
• So do we ever really get even with them?

5
Deterrence

• There are at least two meanings
• 1) Special (or specific) Deterrence aimed at
  creating fear in the offender by punishment so
  that he or she will not commit another crime
• 2) General Deterrence aimed at creating fear in
  all members of society by sending a message
  through punishment of an offender so that we will
  not commit crimes

6
The Logic of Deterrence

• Gosh, it makes sense at least! heres an example
• How do you stop a
  dog from peeing on
  the floor?

7
The Logic of Deterrence

• Why do we punish a dog for peeing on the floor?
• To make it not do it again (PREVENTION)
• We assume dogs learn through punishment
• As do cats, other animals, and PEOPLE!

8
The Logic of Deterrence

• When it comes to humans, we assume
• People are hedonistic (pleasure-seeking)
• People want to avoid pain such as punishment
  (deterrence)
• People are rational (can think in advance of
  behavior)
• So the thought of punishment should deter and
  seeing punishment administered to others should
  deter

9
The Logic of Deterrence

• BUT
• Just because deterrence is logical, does this
  mean that the punishment IS ACTUALLY A DETERRENT
  ???
• (What does the evidence say?)
• Hint it is not good

10
Logic of Deterrence

• For punishment to deter, it must be
• Certain highly likely to happen
• Swift occur quickly after the offense
• Severe pain must outweigh the pleasure
• Most important element is CERTAINTY

11
Summary of Evidence

• Is punishment certain in the US?
• Out of 100 crimes, 40 are known to police (40)
• Of these 40, 10 lead to an arrest (10)
• And 2-3 get incarcerated (2-3)
• So the odds of getting caught are 10 and the
  odds of severe punishment are 2-3
• (and offenders know this!)

12
Summary of Evidence

• Why do so few get caught?
• For every 1,000 people, there are 50-80 serious
  criminals
• And 920-950 occasional criminals
• But only 2.86 cops!
• How can getting caught be certain???

13
Incapacitation?

• Incapacitation is taking away ones ability to
  commit another crime so that it is impossible to
  commit more crimes
• While typical forms include probation,
  incarceration, the ultimate form is death!
• The death penalty achieves this!

14
Incapacitation?

• Includes
• Selective incapacitation (repeat offenders)
• Collective incapacitation (all offenders)

15
Which forms of incapacitation work?

• Most major forms of punishment fail more than 50
  of the time
• Recidivism rate is above 50 for most forms of
  punishment
• Some criminal justice interventions work!

16
Which forms of incapacitation work?

• Arresting domestic violence offenders
• Extra police in hot spots
• Monitor high risk offenders

• Incarcerating high-risk offenders
• Vocational education for older, male offenders
• Community treatment for drug offenders (e.g.,
  drug courts)