NCJ Number
47887
Journal
Criminology Volume: 16 Issue: 1 Dated: (MAY 1978) Pages: 35-46
Date Published
1978
Length
12 pages
Annotation
SHORTCOMINGS IN HENRY N. PONTELL'S ARGUMENT FOR A SYSTEM CAPACITY VIEW, AS OPPOSED TO A DETERRENCE VIEW, OF CRIME AND PUNISHMENT ARE POINTED OUT, AND DIRECTIONS FOR DETERRENCE RESEARCH ARE SUGGESTED.
Abstract
THE SYSTEM CAPACITY MODEL HOLDS THAT INCREASES IN CRIME OVERBURDEN THE LEGAL SYSTEM AND CAUSE DECREASES IN THE CERTAINTY OF PUNISHMENT. THE DETERRENCE DOCTRINE HOLDS THAT PENAL SANCTIONS DETER CRIME. PONTELL, USING THE SAME DATA TO TEST THE TWO MODELS, FOUND THAT CRIME MAY AFFECT CERTAINTY OF PUNISHMENT MORE THAN CERTAINTY OF PUNISHMENT AFFECTS THE RATE OF CRIME. IT IS NOTED THAT PONTELL POSES AN EITHER/OR SITUATION: EITHER SYSTEM CAPACITY OR DETERRENCE EXPLAINS THE NEGATIVE CORRELATION BETWEEN CERTAINTY OF PUNISHMENT AND CRIME. THE POSSIBILITY THAT BOTH MODELS ARE LINKED IN A COMPLEMENTARY RELATIONSHIP IS SUGGESTED. CRIMINOLOGISTS ARE URGED TO DIRECT THEIR DEBATE AND RESEARCH TO THE QUESTION OF WHETHER DETERRENCE WORKS IN PRACTICE, NOT WHETHER DETERRENCE CAN WORK. SUCH A CLARIFICATION IN THE OBJECTIVES OF DETERRENCE RESEARCH COULD END POINTLESS ARGUMENTS AND POINT TO NEW THEORETICAL ISSUES. IT IS NOTED THAT PONTELL'S WORK PIONEERS IN AN AREA OF THEORETICAL AND PRACTICAL IMPORTANCE -- THE MANIFOLD RELATIONSHIPS BETWEEN CRIME RATES AND CRIMINAL JUSTICE PRACTICES. INDICATIONS OF THE COMPLEXITY OF THE 'CRIME-RATE SYSTEM' ARE POINTED OUT. A LIST OF REFERENCES IS INCLUDED. FOR PONTELL'S ARTICLE, SEE NCJ-47884. (LKM)