Deterrence
Deterrence is the avoidance of a given action through fear of the perceived consequences. There are two forms: specific and general.
Arguments against the use of deterrence as a sentencing principle
1.The court does not have control over detection.
2.Desperation and need may trump fear of punishment.
3.The theory assumes offenders do not want to be subject to punishment.
4.The theory relies on adequate media reporting and assumes access to media by offenders.
Arguments against the use of deterrence as a sentencing principle
1.The court does not have control over detection.
2.Desperation and need may trump fear of punishment.
3.The theory assumes offenders do not want to be subject to punishment.
4.The theory relies on adequate media reporting and assumes access to media by offenders.
Specific DeterrenceDeterring the offender from future offending.
Significant for persistent re-offenders: “It is legitimate to take account of the antecedent criminal history when it illuminates the moral culpability of the offender…or shows his dangerous propensity or shows a need to impose [adequate] punishment to deter the offender” (R v Aston (No 2) [1991] 1 QdR 375). Specific deterrence can occur through prosecution and publication of details. |
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