Specific deterrence is a type of punishment that is meant to discourage future criminal behavior in a person being charged with a crime. For example, specific deterrence is used to prevent an offender from committing the same crime in the future. Punishments associated with specific deterrence may include fines, prison sentences, or both, and the severity of the punishment typically determines the effectiveness of the deterrence. To explore this concept, consider the following specific deterrence definition.
Definition of Specific Deterrence
- A punishment aimed at preventing an offender from engaging in criminal behavior again in the future.
What is Deterrence
Deterrence refers to the act of discouraging people from engaging in criminal behavior. This is typically done by assigning a suitable punishment for the behavior. While specific deterrence is customized for the individual who committed a crime in particular, deterrence is intended to sway the general public as a whole from participating in illicit behavior. Deterrence works to make people think twice about breaking the law.
This is how traffic laws work. When the public is aware that they will receive a ticket or, in some cases, suspension of their licenses, for not obeying traffic laws, they are more likely to obey the laws and to drive carefully. The traffic laws in this situation act as a general deterrence to prevent people from engaging in illegal activity while behind the wheel.
Many times, judges will impose sentences that aim to provide both specific and general deterrence. This way, not only are they dissuading the offenders before them from breaking the law again, but they are also sending a message to the general public that this will be their punishment if they choose to commit the same or a similar crime.
Types of Deterrence
There are two main types of deterrence: (1) specific deterrence, and (2) general deterrence. Specific deterrence is a type of deterrence that is aimed at the specific individual being charged with a crime. General deterrence is a type of deterrence that is used to discourage the public at large from committing the same crime, or a similar one, to that which was committed by the person being sentenced.
The objective of deterrence is to make the punishment harsh enough that the public will fear receiving a similar punishment, and will be dissuaded from engaging in similar criminal behavior in the future. Retributivism is a form of punishment that differs from deterrence. Instead, retributivism focuses on handing down a punishment that is appropriate to the crime that was committed.
The idea of specific deterrence is that, if an offender receives a severe punishment for his wrongdoings, then he will not be tempted to commit a similar crime in the future. For example, specific deterrence dictates that, if an armed robber receives a harsh sentence of eight years in prison, he will be less likely to commit armed robbery again when he eventually gets out. However, research has shown that the effectiveness of specific deterrence varies on a case-by-case basis. On a related note, the three strikes law is effective as a deterrent in that courts are permitted to give out harsher sentences to offenders who have been convicted of three or more serious crimes.
General deterrence focuses more on teaching the general public a lesson, rather than just the individual being charged with the crime. The idea is that, if the individual is punished harshly, the public will see that harsh punishment and be dissuaded from engaging in the same or similar activity. A good example of this is the death penalty. When a criminal is sentenced to death for his crime, such a sentence may dissuade the general public from committing the same or similar crime.
Retributivism is a legal theory that deals with assigning a punishment to an offender that fits his crime. Retributivism differs from deterrence in that, while deterrence aims at preventing crime, retributivism is more concerned about punishing people for the crimes they have already committed. Some punishments can be both deterrents and retributive. For instance, an armed robber may receive a prison sentence of six to eight years, which is a sentence that works to deter him from committing a similar crime in the future, and is also an appropriate punishment to fit the crime.
Effectiveness of Specific Deterrence
Interestingly, the effectiveness of specific deterrence is a point of debate. For one thing, the certainty of being caught has been proven to be a far more effective deterrent than even the harshest of punishments. Also, just because an offender is sentenced to prison, this does not ensure the effectiveness of specific deterrence.
Prison sentences, especially long ones, may have the opposite effect from that which is expected in that offenders may become desensitized to being in prison. The offender may feel like he has already survived prison once before, so he can surely do it again. Prisoners can also become institutionalized and feel like they are unable to survive on the outside. They will therefore commit a crime just to be able to return to prison, as they consider prison to be their home.
Another mark against the effectiveness of specific deterrence is that increasing the severity of an offender’s punishment does not actually work to deter crime. This is because, on average, criminals tend not to know a lot about the punishments associated with the crimes they commit. Even the death penalty cannot be proven to deter criminals from engaging in criminal activity that could result in the ultimate punishment: the loss of their lives.
Specific Deterrence Example Involving the Three Strikes Law
An example of specific deterrence can be found in a case wherein a judge handed down a particularly harsh sentence in order to teach a juvenile criminal defendant a lesson. In July of 2003, 16-year-old Terrance Jamar Graham was arrested after he and three of his peers tried to rob a restaurant in Jacksonville, Florida. One of the boys struck the manager of the restaurant in the head with a metal bar. The manager required stitches for his head injury. Ultimately, no money was stolen.
Under Florida law, it is up to the prosecutor whether to charge a 16-year-old as an adult or a juvenile for a felony crime. The prosecutor in this case elected to charge Graham as an adult, presumably to teach him a lesson. Graham was charged with armed burglary with assault or battery, which is a first-degree felony that carries the maximum penalty of life in prison without parole. Graham was also charged with a second-degree felony – attempted armed robbery – which comes with a maximum penalty of 15 years in prison.
Graham pled guilty to both charges and wrote a letter to the court wherein he detailed his intentions to turn his life around and do everything possible to join the NFL. The trial court accepted Graham’s plea and in an effort at specific deterrence, sentenced him to concurrent 3-year terms of probation. He was ordered to spend the first twelve months of his probation in the county jail, but he was credited with time served and was released six months later.
On December 2, 2004, Graham was arrested again on charges associated with violating his parole, including possessing a firearm, just before he was about to turn 18. Hearings were held on these violations the following year, and the judge who presided over these violations was not the same judge who had accepted his earlier plea.
Here, the judge found Graham guilty of the armed burglary and attempted armed robbery charges against him and sentenced him to the maximum sentence for each charge: life in prison for the armed burglary, and 15 years for the attempted armed robbery. The judge’s reasoning was that Graham had chosen to throw his life away, and that he left the court with no choice but to protect the community from the illicit path he was following. Florida abolished its parole system back in 2003, which means that a defendant who receives a life sentence has no possibility of being released early, save for a rare exception to the rule.
Graham filed a motion in the trial court to challenge the sentence under the Eighth Amendment. However, the motion was denied after the trial court failed to rule on it within the requisite 60-day timeframe. The First District Court of Appeal of Florida affirmed the motion’s dismissal, holding that Graham’s sentence was not disproportionate to the crimes he committed. Further, the court believed that Graham was incapable of being rehabilitated, that despite having a strong family structure as his support, he rejected the second chance given to him by the trial court and continued committing crimes “at an escalating pace.”
The U.S. Supreme Court granted certiorari to hear the case and, upon review, reversed the decision of the First District Court of Appeal of Florida and remanded the case back to the lower court. Said the Court in its decision:
“The State contends that this study’s tally is inaccurate because it does not count juvenile offenders who were convicted of both a homicide and a nonhomicide offense, even when the offender received a life without parole sentence for the nonhomicide…This distinction is unpersuasive. Juvenile offenders who committed both homicide and nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who committed no homicide. It is difficult to say that a defendant who receives a life sentence on a nonhomicide offense but who was at the same time convicted of homicide is not in some sense being punished in part for the homicide when the judge makes the sentencing determination. The instant case concerns only those juvenile offenders sentenced to life without parole solely for a nonhomicide offense.”
The Court concluded its decision by saying:
“The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term.”
Related Legal Terms and Issues
- Felony – A crime, often involving violence, regarded as more serious than a misdemeanor. Felony crimes are usually punishable by imprisonment more than one year.
- Misdemeanor – A criminal offense less serious than a felony.
- Writ of Certiorari – An order issued by a higher court demanding a lower court forward all records of a specific case for review.
What is the specific deterrence? ›
General deterrence is directed at preventing crime among the general population, while specific deterrence is aimed at preventing future crimes by a particular offender.What is the process of deterrence? ›
Deterrence is the theory that criminal penalties do not just punish violators, but also discourage other people from committing similar offenses. Many people point to the need to deter criminal actions after a high-profile incident in which an offender is seen to have received a light sentence.What are the three 3 types of deterrence explain each type? ›
Specific deterrence prevents crime by frightening an individual defendant with punishment. General deterrence prevents crime by frightening the public with the punishment of an individual defendant. Incapacitation prevents crime by removing a defendant from society.What is specific deterrence in criminal law? ›
General" deterrence refers to the effects of legal punishment on the general public (potential offenders), and "specific" deterrence refers to the effects of legal punishment on those individuals who actually undergo the punishment.Which is an example of a specific deterrence strategy quizlet? ›
Examples of specific deterrence strategy. Fear of the consequences of crime will deter potential criminals; the threat of punishment can convince rational criminals that crime does not pay; techniques of this theory include the death penalty, mandatory sentences, and aggressive policing.What is specific deterrence quizlet? ›
Specific Deterrence. - refers to the efforts that keep the individual offender from violating the law again in the future. Both types of deterrence assume a rational offender. Brutalization effect.What is a good example of deterrence? ›
An example of specific deterrence is when you get pulled over for speeding and are issued a ticket. The intent is that the punishment of paying a fine may slow down driving behavior in the future.What are the 3 elements of deterrence? ›
Classical deterrence theory consists of these three key components, the so-called “3 Cs” (Severity, Certainty and Celerity) of punishment.What are the two types of deterrence in criminology? ›
A distinction has been drawn between two types of deterrence: individual (or specific) and general deterrence.Is general or specific deterrence better? ›
Deterrence is a method of punishment intended to discourage criminal behavior through the imposition of punishments. While specific deterrence is tailored to the individual who committed a crime, general deterrence is intended to make the public at large, and would-be criminals, think twice about breaking the law.
What are two different types of deterrence describe each type? ›
Specific deterrence deals with punishing the individual offender for their criminal behavior in order to keep the individual from committing crimes in the future. General deterrence uses the punished offender as an example to all the crime results in punishment and is undesirable.What is the purpose of specific deterrence in sentencing? ›
Specific deterrence aims to dissuade the particular individual from committing further offences by imposing sanctions which demonstrate the adverse consequences of criminal activity.What is an example of deterrence in the Cold War? ›
A classic example is the Cuban missile crisis of 1962. When it became clear that Washington was ready to defend its core security interests, the Soviet Union withdrew the missiles it had started to deploy in Cuba. Another example is the Vietnam War.Which is an example of a situational crime prevention strategy? ›
Alley-gating is an approach to situational crime prevention which involves installing lockable gates at the end of alleyways running behind houses to prevent access for potential offenders.Is an example of deterrent theory of punishment? ›
A good example is the death penalty. When a criminal is sentenced to death for a crime, such a sentence prevents the public from committing the same or similar crimes.What is the difference between general deterrence and specific deterrence quizlet? ›
What is the key difference between general deterrence and specific deterrence? General deterrence sets an example for society at large, whereas specific deterrence focuses only on the individual being punished.What is certainty deterrence? ›
Research underscores the more significant role that certainty plays in deterrence than severity — it is the certainty of being caught that deters a person from committing crime, not the fear of being punished or the severity of the punishment.What is specific defense quizlet? ›
the ability for the body to resist many agents (living and non-living that can cause disease. phagocyte. capable of engulfing and digesting particles or cells harmful to the body.How is deterrence used today? ›
Police deter crime by increasing the perception that criminals will be caught and punished. The police deter crime when they do things that strengthen a criminal's perception of the certainty of being caught. Strategies that use the police as “sentinels,” such as hot spots policing, are particularly effective.How did the logic of deterrence work in the case of Cold war? ›
During the Cold War, deterrence was vital because the Soviet threat seemed huge. Moscow's military capabilities included some 175 divisions aimed at Western Europe and close to 40,000 nuclear weapons. Soviet intentions were much debated, but they were officially assumed to be very hostile.
Does deterrence work in criminal justice? ›
policies that increase the likelihood of being caught deter crime more effectively than those that increase punishment. Deterrence theory can help legislators craft and assess policy proposals.What strategy is used for deterrence? ›
deterrence, military strategy under which one power uses the threat of reprisal effectively to preclude an attack from an adversary power. With the advent of nuclear weapons, the term deterrence largely has been applied to the basic strategy of the nuclear powers and of the major alliance systems.What are the two deterrence? ›
There are two basic forms of deterrence: specific and general.What are deterrence factors? ›
THE DETERRENT FACTOR IS A SINGLE POSITIVE WEIGHT FACTOR DETERMINED BY COMBINING THE DETERRENT ABILITY AND DETERRENT NEED WEIGHT FACTORS FOR A PARTICULAR CRIME CATEGORY.What are the two types of deterrence and how does it help to prevent criminality? ›
There are two types of deterrence: general deterrence and specific deterrence. General deterrence is the idea that seeing individuals be punished for crimes will discourage others from committing similar crimes.What are the 4 defenses to a crime? ›
When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.Is incarceration specific or general deterrence? ›
Prisons as punishment
The view that the experience of prison in itself acts as a deterrent is rooted in the simple specific deterrence theory (Andenaes, 1968) which predicts that individuals experiencing a more severe sanction are more likely to reduce their criminal activities in the future.
An example of specific deterrence is when you get pulled over for speeding and are issued a ticket. The intent is that the punishment of paying a fine may slow down driving behavior in the future.
A distinction has been drawn between two types of deterrence: individual (or specific) and general deterrence.Is the death penalty specific or general deterrence? ›
“The death penalty is not a deterrent despite the claims of its proponents. In 2012 the National Research Council concluded that the studies claiming it is a deterrence were fundamentally flawed.
Which is the best example of a deterrent measure? ›
General deterrence tries to send a message to the public by making the public fearful of the consequences of committing a crime, and therefore, less likely to commit a crime. Mandatory license revocation for repeat driving-while-intoxicated offenses is one example of general deterrence.What is a Cold war example of deterrence? ›
Nuclear Deterrence. During the Cold War, the United States and the Soviet Union each built a stockpile of nuclear weapons. Soviet policy rested on the conviction that a nuclear war could be fought and won. The United States adopted nuclear deterrence, the credible threat of retaliation to forestall enemy attack.