MORAL OR EDUCATIVE INFLUENCE OF CRIMINAL LAW (FROM LAW, JUSTICE, AND THE INDIVIDUAL IN SOCIETY - PSCHOLOGICAL AND LEGAL ISSUES, 1977 BY JUNE LOUIN TAPP AND FELICE J LEVINE - SEE NCJ-47141)

• NCJ Number: 47141
• Author(s): J ANDENAES
• Date Published: 1977
• Length: 10 pages
• Corporate Author: Holt, Rinehart and Winston
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE MORAL OR EDUCATIVE EFFECTS OF THE THREAT OF PUNISHMENT CONTAINED IN CRIMINAL LAW ARE CONSIDERED, AND THE RELEVANCE OF PSYCHOLOGICAL THEORY AND RESEARCH TO AN EVALUATION OF THE DETERRENT EFFECTS OF LAWS IS DISCUSSED.

Abstract

MORAL OR EDUCATIVE INFLUENCE REFERS TO AN INFLUENCE ON ATTITUDES AND BEHAVIOR EMANATING FROM THE LAW BUT NOT BASED ON FEAR. THE GENERAL PREVENTIVE EFFECTS OF THE LAW INCLUDE DIRECT MORAL INFLUENCES (RESPECT FOR THE FORMAL LAW, CRIMINAL LAW AS A MORAL 'EYE-OPENER,' PUNISHMENT AS AN AUTHORITATIVE STATEMENT ABOUT 'BADNESS') AND INDIRECT MORAL INFLUENCES (PUNISHMENT AS IT REDUCES AND NEUTRALIZES THE BAD EXAMPLE, CRIMINAL LAW AS IT SHAPES THE FRAMEWORK FOR MORAL EDUCATION). THE THREAT OF LEGAL PUNISHMENT HAS FOUR SPECIAL FEATURES THAT SET IT APART FROM MOST OTHER LIFE SITUATIONS: THE THREAT IS ABSTRACT AND IMPERSONAL; THE THREAT IS NORMALLY DIRECTED AGAINST FORBIDDEN ACTIVITY; THE CHARACTER OF LEGAL PENALTIES DIFFERS VASTLY FROM NEGATIVE SANCTIONS APPLIED IN PUNISHMENT EXPERIMENTS OR COMMONLY USED IN EDUCATION OR CHILD-REARING; AND THE THREAT IS ONLY ONE FACTOR IN A COMPLICATED MOTIVATIONAL PROCESS, IN WHICH PERSONALITY FACTORS, LIFE SITUATION, AND NONLEGAL PRESSURES COMBINE IN A HIGHLY VARIED WAY. ALTHOUGH PSYCHOLOGICAL THEORY AND EXPERIMENT MAY OFFER SUGGESTIONS, CONCEPTS, AND RESEACH METHODS OF INTEREST TO THE LAWYER, THERE IS LITTLE THAT IS DIRECTLY APPLICABLE. QUESTIONS CONFRONTING LAWYERS REQUIRE SPECIFIC RESEARCH. (AUTHOR ABSTRACT MODIFIED--LKM)