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Minimally sufficient punishment [chapter]

John Braithwaite
2022 Macrocriminology and Freedom  
Minimally sufficient punishment Key propositions 'Jailing is failing' is the campaign message of the Justice Reform Initiative in Australia, of which I am proud to be an ACT patron.  ...  A better slogan than 'Defund the police' on my analysis is 'Less prison, less arrest'.  ...  Overreliance on deterrence and prison is thus central to the domination suffered by disadvantaged minorities.  ... 
doi:10.22459/mf.2021.09 fatcat:cbrabdibvvcrbdrpyfpzfrphpm

Punishment and Crime: A Critique of Current Findings concerning the Preventive Effects of Punishment

Philip J. Cook
1977 Law & Contemporary Problems  
The empirical literature on the preventive effects of punishment is highly uneven.  ...  Because of these and other strands of evidence, Hawkins consigns the prisonization and -schools of crime" theories to the intellectual junk pile: "The prisonization hypothesis did not die as the result  ... 
doi:10.2307/1191234 fatcat:c3u4rm6c7bhstokphfyesbjnri

Crime, deterrence and punishment revisited

Maurice J. G. Bun, Richard Kelaher, Vasilis Sarafidis, Don Weatherburn
2019 Empirical Economics  
Despite an abundance of empirical evidence on crime spanning over 40 years, there exists no consensus on the impact of the criminal justice system on crime activity.  ...  Increasing the risk of apprehension and conviction is more influential in reducing crime than raising the expected severity of punishment.  ...  Empirical studies provide mixed evidence that are insufficient to draw clear conclusions. 1 The present paper revisits the economics of crime and punishment and provides a case study for New South Wales  ... 
doi:10.1007/s00181-019-01758-6 fatcat:dl2nfghihrh6rigmh55afkcwle

Is Punishment Necessary?

Jackson Toby
1964 The Journal of Criminal Law Criminology and Police Science  
All of the empirical evidence is not in, but it is quite possible that punishment contributes to some of these and interferes with others.  ...  The high rate of recidivism for prisons and reformatories is cited as evidence of the irrationality of punishment. 14 What sense is there in subjecting offenders to the frustrations of incarceration?  ... 
doi:10.2307/1141213 fatcat:2rocxir7cvdl7btgapgftltpua

Crime, punishment and deterrence in Australia

Philip M. Bodman, Cameron Maultby
1997 International Journal of Social Economics  
affect on existing prisoners.  ...  These include the deterrence effect of both clearance rates (as a proxy for the probability of punishment) and expected sentence length (as a proxy for the severity of punishment) on the number of property  ...  Prior to the late 1960s, the writings of sociologists that formed the basis of the deterrence debate were generally strongly opposed to the notion of punishment as having any deterrent effect on the potential  ... 
doi:10.1108/eum0000000004335 fatcat:mcvewwfzlvbi5n2uhcd7r3u4vu

Punishment – and Beyond

Bruno S. Frey
2009 Social Science Research Network  
This paper argues that the "Economics of Crime" concentrates too much on punishment as a means of preventing crime, which is unwise for several reasons.  ...  There are important instances in which punishment simply cannot reduce crime.  ...  CONSIDERING ALTERNATIVES TO PUNISHMENT While focusing on punishment as a deterrent, the Economics of Crime does not totally neglect other incentives.  ... 
doi:10.2139/ssrn.1427791 fatcat:jrlaixct7bda7h27plspqkw3pe

Punishment – and Beyond

Bruno S. Frey Bruno S. Frey
2011 Współczesna Ekonomia  
Legalized Abortion on Crime. Quarterly Journal of Economics, 116(2), 379-420. 24. Drago, F., Galbiati, R. and Vartova, P. (2007). The deterrent effect of prison: evidence from a natural experiment.  ...  The first is the deterrence effect of imposing costs on criminals who are apprehended, and the second is the incapacitation effect, which suggests that criminals thrown into prison are no longer able to  ... 
doi:10.5709/ce.1897-9254.15 fatcat:ni6qmn6w6jh3toghk4qenq37o4

Judicial Intervention in Prison Discipline

1972 The Journal of Criminal Law Criminology and Police Science  
This custodial response, not without foundation, focuses on the central problem of differentiating between actions which require punishments basically for deterrence purposes and ones which do not. 1w  ...  These purposes include the promotion of staff status and respect, the maintenance of control, order and security, deterrence, punishment, and at least theoretically, rehabilitation.  ...  Pettine went to the prison and met with the guards.  ... 
doi:10.2307/1142299 fatcat:kd2mvzpltfgglgpiudcigsf34i

Punishment, Deterrence and Social Control: The Paradox of Punishment in Minority Communities

Jeffrey Fagan, Tracey L. Meares
2000 Social Science Research Network  
Since the early 1970s, the number of individuals in jails and state and federal prisons has grown exponentially.  ...  Punishment Working Group, for helpful comments on earlier drafts.  ...  modem deterrence research has failed to find consistent evidence of the deterrent effects of punishment.  ... 
doi:10.2139/ssrn.223148 fatcat:jxep64n755hxnny6mvdycwyxsm

Prison Conditions, Capital Punishment, and Deterrence

L. Katz
2003 American Law and Economics Review  
We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty.  ...  In contrast, there is little systematic evidence that the execution rate influences crime rates in this time period.  ...  In contrast to the results on prison death, we ®nd little systematic evidence supporting a deterrent effect of capital punishment.  ... 
doi:10.1093/aler/ahg014 fatcat:7cgectoqp5cu3ft5xqpwwfnmgu

Prison as Punishment: A Behavior-Analytic Evaluation of Incarceration

Alexis B. Apel, James W. Diller
2016 The Behavior Analyst  
The present paper reviews criminological data related to incarceration and evaluates components of imprisonment in light of behavior-analytic research on punishment.  ...  If prison is viewed as a large-scale intervention, it lacks empirical support of effectiveness.  ...  Acknowledgments The authors would like to thank Mirari Elcoro and Paula Prentice for their helpful comments on a previous version of this manuscript.  ... 
doi:10.1007/s40614-016-0081-6 pmid:31976937 pmcid:PMC6701209 fatcat:mkrigd5sqrgxhedfpfmcajx7mq

Crime, punishment, and prejudice

Philip A. Curry, Tilman Klumpp
2009 Journal of Public Economics  
A crime generates noisy evidence, and defendants are convicted when the realized amount of evidence is sufficiently strong to establish the probability of guilt beyond a fixed threshold.  ...  We examine the link between the penalties used to punish convicted criminals, and judicial prejudice against defendants.  ...  In order to explore the "true" properties of evidence generation, empirical studies of the effect of policing (e.g. Knowles, Persico and Todd, 2001) could perhaps be used.  ... 
doi:10.1016/j.jpubeco.2008.07.002 fatcat:qho2rjjol5h3zlawglt2u3s3uy

Crime and punishment: Does it pay to punish?

J.R. Iglesias, V. Semeshenko, E.M. Schneider, M.B. Gordon
2012 Physica A: Statistical Mechanics and its Applications  
The probability of apprehension depends on the gravity of the crime, and the punishment takes the form of imprisonment and fines.  ...  We study the costs of the law enforcement system required for keeping crime within acceptable limits, and compare it with the harm produced by crime.  ...  This model seems to provide strong empirical evidence of the deterrent effectiveness of sanctions.  ... 
doi:10.1016/j.physa.2012.03.001 fatcat:ygej2eu565bsbe5l323hmopmna

Embracing Chance: Post-Modern Meditations on Punishment

Bernard E. Harcourt
2006 Social Science Research Network  
See also Daniel Nagin, General Deterrence: A Review of the Empirical Evidence, in Blumstein, Cohen, and Nagin, eds, Deterrence and Incapacitation 95, 135 (deeming current empirical evidence insufficient  ...  But my sense is that, in the field of crime and punishment, it would limit, rather than promote, the proliferation of policing and punishment practices.  ... 
doi:10.2139/ssrn.948774 fatcat:igvzd56js5huxgt5adpof7bbnm

Certainty of Punishment versus Severity of Punishment: An Experimental Investigation

Lana Friesen
2012 Southern Economic Journal  
This result contrasts with the findings of the empirical crime literature. Abstract Compliance with laws and regulations depends on the expected penalty facing violators.  ...  Compliance with laws and regulations depends on the expected penalty facing violators. The expected penalty depends on both the probability of punishment and the severity of the punishment if caught.  ...  Empirical evidence has largely come from general crime data. The consensus of results from this literature (summarised by Eide, 2000) supports the general theory of deterrence.  ... 
doi:10.4284/0038-4038-2011.152 fatcat:qrt6x2mburcuvmgdberwlr35cm
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