NCJ Number
45187
Journal
JOURNAL OF BEHAVIORAL ECONOMICS Volume: 6 Issue: 1-2 Dated: (SUMMER/ WINTER 1977) Pages: 279-309
Date Published
1977
Length
31 pages
Annotation
A REVIEW OF RESEARCH ON THE RELATIONSHIP BETWEEN CAPITAL PUNISHMENT AND DETERRENCE IDENTIFIES GAPS IN THE LITERATURE THAT PRECLUDE DEFINITIVE CONCLUSIONS REGARDING THAT RELATIONSHIP.
Abstract
THE REVIEW COVERS THE STATUS OF THE DETERRENCE DOCTRINE; POSSIBLY RELEVANT PROPERTIES OF LEGAL PUNISHMENTS (PRESUMPTIVE AND PERCEIVED SEVERITY, OBJECTIVE AND PERCEIVED CENTAINTY, CELERITY, AWARENESS OF LEGAL SANCTIONS); NONDETERRENT PREVENTIVE MECHANISMS (INCAPACITATION, NORMATIVE VALIDATION AND INSULATION, ENCULTURATION, STIGMATIZATION, RETRIBUTION); AND RESEARCH GAPS RELATED TO STRATEGIC TARGET POPULATIONS, DIFFUSE OR UNDIFFERENTIATED PERCEPTIONS, AND EXTRALEGAL VARIABLES. IT IS CONCLUDED THAT A NUMBER OF POTENTIALLY RELEVANT PROPERTIES OF CAPITAL PUNISHMENT, AS WELL AS NONDETERRENT RESEARCHERS PRIMARILY BECAUSE THEY HAVE ASSUMED THAT DEFENSIBLE TESTS OF THE DETERRENCE DOCTRINE DO NOT REQUIRE A RESTATEMENT OF THE DOCTRINE AS A SYSTEMATIC THEORY. IT IS SUGGESTED THAT SUCH A RESTATEMENT IS NECESSARY AND SHOULD TAKE INTO CONSIDERATION THE POSSIBILITY THAT, AT LEAST FOR SOME TYPES OF CRIMES AND SOME KINDS OF PEOPLE, THE PERCEPTION OF PROPERTIES OF LEGAL PUNISHMENTS IS DIFFUSE OR UNDIFFERENTIATED. THERE ALSO A NEED TO IDENTIFY THE POPULATIONS TO BE CONSIDERED DETERRABLE, AS WELL AS TO CONTROL FOR EXTRALEGAL VARIABLES THAT ARE CORRELATES OF THE CRIME RATE. IT IS POINTED OUT THAT THE PRINCIPLES OF ECONOMIC OR ECONOMETRICS WILL NOT SERVE TO CLOSE THESE GAPS. OF REFERENCES IS INCLUDED. (LKM)