Does Punishment Deter Crime?

An individual look at this conundrum seems most appropriate for there are many views, some I may agree with, and some I may disagree with. When it comes to punishment and crime I tend to believe that if the punishment is witnessed and seen to be severe enough those that are tempted to commit the crime may be less likely to do so.

Currently in the United States, there are four different types of punishment for crimes committed. Retribution, this punishment generally is seen as an eye for an eye. In most cases, the criminal gets what they deserve without getting more. Than there is Deterrence, which basically allows one to be punished with enough severity so that any others that may be willing to commit the crime before, are no longer as willing to do so. Next, there is Rehabilitation, this punishment type allows that in some cases, criminals may not know any better and teaching them the correct way to approach situations, and things is better than actually levying a severe punishment on them. Next, we have Societal Protection; this is potentially the most severe type of punishment. This type of punishment does what is necessary to protect society as a whole from the criminal. This could mean death, or complete removal from society. It is my goal to select and explain what I feel may be the best form of punishment available and to support that decision.

I am a person who firmly believes that some crimes and criminal types must be approached differently and with very few exceptions, there is no single best approach to punishment of criminals. As a current student of Criminal Justice in the United States and with previous experience in Juvenile Justice, I can say that with very few exceptions juveniles can be rehabilitated if it is approached properly. It is my goal with this schooling to be able to utilize my schooling to present new and enlightened ideas into the Juvenile Justice Field. (Lauren Dundes 2002) "Children's underlying needs, not their misdeeds, guided the formation of a separate body of laws governing juveniles. This body of juvenile law accommodated children's developing moral and cognitive capacities, acknowledging that juvenile offenders may be less responsible for their actions than are adults and may be in need of state protection." Rehabilitation would be best applied to juveniles under the ages of 18 who have not yet gained habits that are set in stone.

Next I feel that in the cases of adult humans who have committed grievous acts against other persons which ended in the deprivation of life or freedoms (psychologically, mentally, or physically)such as rape, child abuse ending in death, and capital murder; I feel strongly that societal protection must be employed in these instances. The Death Sentence is not to severe a punishment for these types of crimes. Another obvious approach to these crime types is Retributive Punishment or "Just Desserts" in which the criminal suffers a similar (within reason) fate as the person upon whom they inflicted said crime. (Richard S. Frase 2002) "The theory of retribution (or "just deserts") views punishment as being proper either for its own sake, or for the sake of fairness to the victims of crime; to law-abiding offenders; to other offenders who have been punished for the same offense; and to this offender (who deserves to be punished no more severely than is warranted by his culpability, and also no more severely than other, similar offenders were punished)." It should be noted that this is a view that many people do not appreciate though I feel it is a view that can produce valid results.

Many studies have been preformed with varied results occurring. (Criminal Justice 2009) "Not all criminal justice research has produced fruitful results. For example, in the 1980s and '90s numerous studies attempted to develop methods for predicting which offenders were most likely to commit future crimes. The premise was that those most likely to become habitual offenders should be incarcerated for longer periods, if not indefinitely. However, attempts to establish which offenders were likely to commit future crimes proved unsuccessful." What can be seen is that it is obvious that some people can be rehabilitated and or eventually reintroduced into society while others may never be able to be reintroduced. More importantly, there is no valid means for prediction available with this yet.

As for the consequences of punishment, we can see that society benefits from those who commit crimes being punished through a reduction in crime. There is also the social nature of the victim's rights, and their feelings of safety and completeness as a result of the criminal being punished. On a personal note, there are simple reasons why I do not commit crimes. It is not because I am a better person than a criminal is; unfortunately, it is simply based on the cost versus the reward. For me it is not effective to lose potentially 5-15 years from my life for a reward that may only equal a month's salary. I truly think in the end that many career criminals do consider this regularly and because the odds of success may be in their favor, they continue to commit crimes while others may not do so. Obviously this "formula" does not take into account crimes of passion (or heart so to speak) however, again for myself it is better to remain level headed and walk away than it is to be involved in something that may cause me to lose my freedom and or life.

With the different views available as well as my personal views, it is difficult to choose just one type of punishment as the most effective method of determent. I can say however, that I would like to see Rehabilitation efforts made more widely available for Juvenile Offenders as I feel that this will enable them to have a much better grasp on what life is as well as allowing them to change their lives positively. While for adult offenders (serious crimes), I would not mind seeing harsher penalties in many cases.

Citations

Criminal justice. (2009). In Encyclopædia Britannica. Retrieved March 30, 2009, from Encyclopædia Britannica Online: http://www.britannica.com/EBchecked/topic/1244196/criminal-justice

Lauren Dundes "Juvenile Law" The Oxford Companion to American Law. Kermit L. Hall, ed. Oxford University Press 2002. Oxford Reference Online. Oxford University Press Apollo Group. 30 March 2009 http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t122.e0493

Richard S. Frase "Criminal Punishments" The Oxford Companion to American Law. Kermit L. Hall, ed. Oxford University Press 2002. Oxford Reference Online. Oxford University Press Apollo Group. 30 March 2009