Deterrence theory

Why do we punish those who commit crimes (2) There are two main theories of punishment retribution and deterrence. (3) The first, retribution, argues that people who commit crimes deserve to be punished and that the punishment should fit the crime. (4) In other words, it is an eye for an eye philosophy. (5) Deterrence theory, on the other hand, posits that punishing offenders will help prevent future crimes. 

To the extent a deterrence theory relies on threatening a painful response to any attack, there remains the issue of proportionality, and whetha a deterrent response can be exercised within the confines of humanitarian law targeting rules. David Kretzmer suggests the [u]se of force that seems to be largely punitive, the primary motive of which is deterrence or which has wide political aims will be regarded as disproportionate. Deterrence is a concept that raises the issue of how the civilian population, including the political leadership, can be lawfully... 

J. T. Scholz (1997) Enforcement Pohcy and Corporate Misconduct The Changing Perspective of Deterrence Theory, Law and Contemporary Problems, 60/3 253-268. 

Watson, B. 2004. How effective is deterrence theory in explaining driver behaviour A case study of unlicensed driving. In Proceedings of the Australasian Road Safety Research, Policing and Education Conference. Perth, WA, 14—16 November. 

Evolution of chemical defenses according to the optimal defense theory presumes, in addition to costly defenses, that there is genetic variation for the defensive metabolites, that herbivory is the major selective agent for such metabolites, and that the chemical trait in question is efficient in reducing herbivory (Stamp 2003). Research on macroalgal chemical defenses has strongly emphasized the last precondition, which has mainly been studied by testing the deterrence effects of secondary metabolites in bioassays. The defensive role for the trait has been assumed on the basis of deterrence it provides. Veiy little research on the first two... 

The theory behind deterrent therapy with disulfiram is intuitively simple, and thus it would seem to be an attractive treatment option for chronic alcohol ism. However, many clinicians question its overall role in achieving long-term absti-... 

One limitation on using control theory in process control problems has been a lack of data on process characteristics, but now an increasing volume of effort is being applied to the dynamic characterization of processes. The fact that many typical processes of importance in chemical engineering are much harder to describe dynamically than the simple positioning operations in servomechanisms, may have been a deterrent to any earlier development of this area. Up to now most process characterization has focused on heat transfer processes, but every other type of process or operation has been studied to at least some extent. A number of process companies, particularly certain petroleum companies, have conducted extensive frequency response studies of their process units. Also a few process companies have undertaken dynamic studies of various kinds of instruments. 

An immense amount of experimental data has been accumulated from investigations of the infrared absorption spectra and of the Raman effect in polyatomic molecules. Only an extremely small fraction of this material has been subjected to analysis, although the theoretical tools for such an analysis are quite well developed and the results which could be obtained are of considerable interest. One reason for this situation is the amount of labor required to unravel the spectrum of a complex molecule, but an additional deterrent has been the unfamiliar mathe-rnati( s, such as group theory, in terms of which the most powerful forms of the theory of molecular dynamics have been couched. When only the necessary parts of these mathematical techniques are considered, the difficulty of understanding the theory of the vibrational and rotational spectra of polyatomic molecules is greatly reduced. 

Deterrence attempts to formulate punishments that are so unwelcome that they will prevent individuals from committing crimes. For instance, many believe mandatory minimum sentences and the threat of capital punishment have a deterrent effect on crime. However, harsh punishments can be effective deterrents only if they are combined with a high probability of arrest and conviction. Therefore, the role of law enforcement and the courts in bringing offenders to justice is as important as the sentences themselves. The deterrence model of penal policy is based largely on a theory of criminal behavior called... 

Knowledge of legal sanctions takes on importance according to deterrence models of corporate behaviour and law. If these models are correct then companies act to avoid sanctioning. There are a number of versions of this theory. Some suggest that the actual severity of the penalty may be significant, while others focus more heavily on the symbolic consequences of legal action. 

John Braithwaite, To Punish or Persuade 100 (1985) Rena I. Steinzor, Mother Earth and Uncle Sam 89 (2008) David L. Markell, The Role of Deterrent-Based Enforcement in a Reinvented State/Federal Relationship The Divide Between Theory and Reality, 24 Harv. Env. L. Rev. 1,11 (2000). 

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