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Rothe, Dawn, and Christopher Mullins. "Beyond the Juristic Orientation of International Criminal Justice: The Relevance of Criminological Insight to International Criminal Law and its Control A Commentary." International Criminal Law Review 10, no. 1 (2010): 97–110. http://dx.doi.org/10.1163/157181209x12584562670893.
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AbstractThis article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to contribute to international criminal justice. As noted, there are social, political, cultural, and geographical issues that play a role in not only crime commission, but in the hindrance of and/or facilitation of deterrence. Criminologists are well positioned to show how these connections may facilitate or hinder the broader goals of the legal community.
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Hong-wei, Wang, Geng Cheng, and Wang He-yong. "Revisiting Deterrence Theory in the Context of Globalization: An Analysis of «Crime Substitution» as a Starting Point." International relations and international law Journal 109, no. 1 (2025): 138–49. https://doi.org/10.26577/irilj2025109112.
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Deterrence theory plays an important role in controlling crime and is one of the ideological foundations of the criminal justice system. Globalization has had a significant impact on traditional crimes and crime methods, and crime substitution among countries has gradually become a norm phenomenon. Whether in the dimension of crime cost calculation, the dimension of sanction method, or the dimension of individual diversity consideration, deterrence theory has varying degrees of deficiencies and cannot effectively combat the problem of crime substitution among countries. The purpose of deterrence is to reduce the absolute number of crimes, rather than to transfer the crimes to other countries or regions. Therefore, the deterrence theory should be revised to respond to the need to reduce crime in the era of globalization. First, we should rationally recognize that crime substitution is a costly process; second, we should introduce criminological research methods into deterrence theory and focus on individual differences; finally, we should rationally recognize the deterrent effect of non-legal sanctions on potential criminals. Deterrence theory must evolve to address the complexities of crime in the globalized era. Rather than merely transferring crime across borders, deterrence theory should focus on reducing crime globally, including emerging threats such as terrorism and cybercrime. These developments call for innovations in deterrence theory to effectively prevent crime in a rapidly changing world. Key words: Crime substitution, deterrence, crime costs, non-legal factors, morality
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Hirtenlehner, Helmut, and Per-Olof H. Wikström. "Experience or deterrence? Revisiting an old but neglected issue." European Journal of Criminology 14, no. 4 (2016): 485–502. http://dx.doi.org/10.1177/1477370816671750.
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Deterrence theory states that fear of sanctions secures compliance with the law. Empirical research on the deterrent effect of legal sanctions has remained inconclusive though. This applies especially to perceptual deterrence studies. Most of them are cross-sectional in nature and rely on measures of self-reported previous offending, which implies that they actually explain past criminal behaviour from current perceptions of risk. However, such a temporal ordering of the concepts is more congruent with experiential effects according to which previous criminal involvement lowers subsequent risk perceptions rather than depicting deterrent relationships. The few longitudinal studies that have attempted to disentangle experiential and deterrent effects are based on samples from North America. Their common finding is that experiential effects exist and that they are substantially larger than the deterrent effect. Most of them reject the notion of deterrence. This work contributes to the discussion by for the first time addressing the experience–deterrence issue with panel data collected in the UK. Results show that associations between current risk estimates and prior offending found in cross-sectional studies reflect chiefly experiential effects. Evidence in support of deterrence remains very limited.
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Schmidtz, David. "Deterrence and Criminal Attempts." Canadian Journal of Philosophy 17, no. 3 (1987): 615–23. http://dx.doi.org/10.1080/00455091.1987.10716457.
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It is widely held that the proper role of criminal punishment is to ensure in a cost-efficient manner that criminal laws will be obeyed. As James Buchanan puts it,the reason we have courts is not that we want people to be convicted of crimes but that we want people not to commit them. The whole procedure of the law is one, essentially, of threatening people with unpleasant consequences if they do things which are regarded as objectionable.According to the deterrence theory of punishment, which I will here accept without argument in order to tease out some of its implications, legislators must be aware of opportunities to maximize the threat value of criminal prohibitions. By maximizing deterrence, we minimize the cost of crime. On the other hand, creating these threats, and carrying them out, is also costly. So we also wish to minimize the cost of avoiding crime. An efficient deterrent, therefore, will be one which minimizes the sum of the costs of crime and crime avoidance, where ‘cost’ is to be broadly construed.
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Claessen, Jacques. "Criminal deterrence theory: the history, myths & realities." International Journal of Restorative Justice 2, no. 3 (2019): 507–11. http://dx.doi.org/10.5553/ijrj.000012.
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Dlakulu, Anga, Ishmael Mugari, and Emeka E. Obioha. "Citizens’ Perceptions on the Role of Court Sentencing in Crime Control: A Survey of Mthatha High Court Juridical Area in South Africa." International Journal of Criminology and Sociology 10 (December 27, 2021): 1624–30. http://dx.doi.org/10.6000/1929-4409.2021.10.185.
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For over a century, the role of court sentencing on crime deterrence has generated significant debate. In this study, we explored the citizens’ perceptions on the role of court sentencing in South Africa’s Mthatha area. The findings are looked in the context of the broad theories of punishment namely: retributive theory, deterrence theory, preventive theory, reformative theory and compensation theory. A total of purposefully sampled 90 respondents were invited to participate in this study through closed-ended questionnaires. The univariate perception results of the study reveal that reformation of the offender, protection of the offender from being harmed by the victim in retaliation, and ensuring that the victims get justice are the most significant roles of court sentencing. Collectively, the reality that severe sentence scares potential criminals not to commit crime stands out and is the most correlated role of court sentencing. Court sentencing was also viewed to be having two pronged preventive effect on criminal activities. First, the criminal is incapacitated from engaging in criminal activities during the time of imprisonment; and second, the offender is removed from the environmental factors that led to offending. As part of the conclusion, the study recommends sentencing policies that mainly support reformation of offenders.
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Min, Heungki, and Yong Jae Jeon. "Pros and Cons of Deterrence Theory." Korean Association of Public Safety and Criminal Justice 32, no. 2 (2023): 375–98. http://dx.doi.org/10.21181/kjpc.2023.32.2.375.
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This study was conducted to critically examine the effectiveness of deterrence theory. Deterrence theory, which assumes a criminal's rational thinking, argues that if the benefit of the crime exceeds the cost, crime will be a normal and rational choice for everyone. Accordingly, deterrence theory predicts that recidivism and first-time crimes are prevented only when punishment is set above the benefit of crime or social harm. However, an individual's perception of criminal damage or social harm is considered one of the sufficient conditions for fear of crime. The more positively one evaluates the level of physical and mental damage caused by crime, the greater the fear of crime. If the severity of punishment reflects the social harm of the crime, it was judged that the severity would stimulate the fear of crime. The tool to prevent actual crimes rather produces a wide range of crime victims. In order to verify the assumption of the researcher, multiple regression analysis was conducted using data collected from 815 adult men and women. As a result of the analysis, the certainty of punishment had a positive(+) effect on fear of crime, while the severity of punishment had a negative(-) effect on it, confirming the side effects of severity. Based on the results, this study proposed a check on the trend of severe punishment and a critical review of criminology theory.
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Mohamad, Sofyan Iskandar Alam, and Prasetyo Handoyo. "Corporate Responsibility in Tax Crimes (Analysis of Criminal Decisions Number 334 / PID.SUS / 2020 / PN.JKT.BRT)." International Journal of Social Science And Human Research 05, no. 07 (2022): 3073–76. https://doi.org/10.5281/zenodo.6844639.
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Criminal sanctions for corporations are generally not in the form of a single sanction. In addition to fines, confiscation, as well as various prohibitions for corporations are sanctions that are considered effective. Sanctions of prohibition in its various forms can be referred to as corporate imprisonment. In addition, additional sanctions in the form of announcements of judges' decisions can increase the coercive power to prevent criminal acts from being committed by corporations, but in practice, tax cases often do not involve corporations as legal subjects and criminal liability only to management or agents is considered sufficient. in the tax case Number: 292/PID.SUS/2019/PN.JKT.BRT and the tax case Number: 62/PID.SUS/2019/PN.YYK, where in that case, criminal responsibility is charged to the management or agent while the corporation is not be asked for criminal responsibility, and contrary to the Aggregation Theory where the activities of a corporation which is the output of the joint efforts of some administrators or agencies so that those who are fully responsible for these activities are the responsibility of the corporation and also to the Identification Theory (direct corporate criminal liability). According to this theory, corporation can commit a number of delicts directly through agencies who are closely related to the corporation, acting for and on behalf of the corporation. In accordance with the purpose of punishment and the deterrent effect theory, corporations can be held criminally responsible for tax crimes committed by corporations together with management or agents so that criminals will no longer repeat their crimes (deterrence effect) and against corporations who are asked to be held criminally responsible in addition to applying fines, against the corporation may be subject to additional penalties in the form of revocation of business licenses and dissolution of the company and it is hoped that law enforcement officers who handle tax cases will make a legal breakthrough to optimize criminal liability for corporations and their management in order to increase state revenue from the tax sector and make updates to the KUP Law to regulate firmly against legal subjects by imposing criminal responsibility on management and corporations.
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Klimašauskienė, Danguolė. "THE MODEL OF CRIMINAL ACTIVITY AND EFFECTIVE CARTEL DETERRENCE." Ekonomika 93, no. 3 (2014): 51–66. http://dx.doi.org/10.15388/ekon.2014.0.3884.
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Cartels, or secret agreements between competitors, are universally recognized as the most harmful of all types of anticompetitive conduct. Facing the challenges associated with globalization of the market economy, competition authorities in all parts of the world are increasing their efforts to design and implement modern instruments, effective enforcement procedures and adequate sanctions in order not only to detect and punish, but also to deter cartels.In this paper, we analyze the deterrent properties of the competition policy within the legal framework of the European Union. Applying the classical deterrence theory based on the model of criminal activity, we identify two key factors that affect the degree of deterrence of anticompetitive behavior: adequate sanctions and the probability of detection. We further discuss the level of fines, leniency programs and direct settlement procedures, both the latter as instruments to enhance the probability of cartel detection.By employing the methods of meta-analysis and meta-synthesis of economic and legal literature, cartel case studies, and descriptive statistical analysis, our attempt is to show that during the past decades the European competition authorities have focused on efforts to increase the effectiveness of cartel prosecution and to achieve better deterrence by numerous alterations in the European competition law, such as extensions of the fine spectrum or leniency programs or introduction of a direct settlement procedure, and that these efforts have proven to be rather successful for preventing the formation of anticompetitive agreements.
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Barbara Szamota-Saeki. "Odstraszające oddziaływanie kary na sprawcę przestępstwa w świetle badań empirycznych." Archives of Criminology, no. XXI (July 22, 1995): 7–39. http://dx.doi.org/10.7420/ak1995a.
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The number of studies on specific deterrence is not large. Some data on this subject can be found in other studies aimed e.g. at evalution of effectiveness of diffrent penal measures, or analysis of criminal careers. One of the reasons of this lack of interest in specific deterrence is a belief, rather common today and particularly marked in the 1960s, that punishment not only fails to deter the convicted person from futher offenses but – quite the contrary - increases the probability of his futher criminal carrer. Another reason is probably the great difficulty in distinguishing for research purposes of the impact of specific deterrence from the other effects of punishment. Unfortunately, a statement made by J. Gibbs over twenty years ago still remains valid: there is no theory of specific deterrence, and the hypotheses concerning specific deterrence are vague and difficult to verify empirically. During the last twenty years, there was a progress in the methodology of research into specific deterrence. New success criteria were introduced into the assessment of deterrent effect of punishment, and the method of random field experiment was used. Researchers started to compare the effect of punishment with the effects of escaning punishment, instead of limiting themselves to comparisons of relative effectiveness of some penalties as opposed to some other ones. The progress was less marked in the formation of the theory of specific deterrence. It consists in attempts, on the one hand, at a new conceptualization of the problem of deterrence, and on the other hand, at integrating the deterrence hypothesis with other theoretical approaches. The paper consists of seven parts. The Introduction (I) contains analysis of the notion of specific deterrence, the criteria to distinguish between specific and general deterrence, tvpes of deterrence. Also discussed have the recent attempts at a new conceptualization of tne problem of deterrence through inclusion into that notion of not only the “direct costs of legal sanctions” but also “indirect costs”, or through the use of another criterion to distinguish between specific and general deterrence. Chapter II contains a brief discussion of early studies on specific deterrence; the findings have been discussed and numerous methodological flaws pointed out. The conclusion from those studies (that severe penalties involve a higher recidivism rate than lenient penalties) was generally seen as a prove that punishment has no specific deterrent effect on the futher behaviour of convicted persons. This conclusion was unjustified, though. And that for several reasons. The discussed studies often failed to distinguish between the mechanism of deterrence and the other effects of punishment. They also failed to solve the problem of selection bias in sentencing where specific types of penalties are imposed on specific categories of offenders; the difference between such groups of convicted persons is that even before the imposition of penalty, the probability of their relapse into crime was different. The studies examined but a marginal effectiveness of some penalties as compared to some other ones. What they overlooked, instead, was that the growth in recidivism rate cannot be estimated which would have taken place were no criminal penalties at all imposed on offenders. Chapter III discusses the findings of studies which tested two opposing hypotheses; i.e. that punishment either deters offenders (deterrence hypothesis) or amplifies offendling (amplification hypothesis). Both the conception of deterrence and that of labeling involve too one-sided and simplified an approach to the impact of punishment on the further conduct of offenders as they ignore the possibility of effects other than the anticipated ones. This was reflected in these studies in which the researches posed instead of posing questions in the categories of “whether” (does punishment deter? does pinishment amplify affending?), instead of trying to define the conditions of emergence of each of those two effects. Analyzed in few studies only were mediating psycho-social processes between punisment and the punished pefsons’ further conduct. The findings of different studies are often inconsistent. Some seem to confirm the amplification hypothesis although researchers sometimes stress that this effect is not stable Other findings point to the effect of deterrence. Still other studies showed that: punishment seems do not influence a pefson’s further criminal career. Finally, some of the latest findings also indicate the possibility of amplifijing offending under some conditions and of deterring effect on offending - under some other circumstances. Chapter IV discusses the implications of the criminal careers approach for methodology of studies on specific deterrence. What is particularly worthy of attention here is: 1) departure from the use of a sole success criterion in the evaluation of deterrent effect of punishment, and an attempt at grasping the impact of punishment on different dimensions of criminality such as the length of criminal career or fraquency of offenses; 2) investigation of the impact of punishment at different stages of a person’s criminal career. The success criterion where success means a person’s abstention from further offenses is replaced with the before and after comparison criterion where the intensity of a person’s criminal career before and after punishment is compared; this replacement is of a great importance in studies of effectiveness of penal measures imposed on chronic offnders. As suggested by the findings, certain penalties may in cessation of delinquency at the initial stage of the criminal career (on the occasion of the first and possibly also the second contact with the police). At further stages of that career, a decrease in the intensity of delinquency of the persons convicted is possible. Chapter V discusses attempts at including the hypothesis of specific deterrence into the economic model of delinquent behawior, and studies carried out by economists. According to some economists, specific deterrence can be included into the theory of rational choice provided it is treated as a special case of general deterrence. In tlis approach, the experience of a sanction becomes a factor influencing the anticipated sanctions. Chapter VI is devoted to discussion of the results of a series of rondom field experiments conducted in selected cities of the United States. The purpose was to evaluate the effectiveness of arrest as compared to other reactions to violence against a spouse (nearly all victims in the study were women). The obtained results were not uniform: in some experiments, deterrent effect of arrest was found out, while the rest showed an amplifying effect of arrest on the arrested person’s further violence against his spouse. The authors explain this divergence of results with a different impact of arrest on different types of persons. Thus the results suggest that arrest has a deterrent effect on permanently employed suspects; instead, suspects without a regular job tended to use violence more often after the arrest incident. The last Chapter (VII) recapitulates the findings. They show that it was a premature decision to reject the hyphothesis of specific deterrence. Punishment has a different impact on different persons: in some situations it results in amplication of offending; in some other ones, it deters a person from further offenses; and in still other situations it seems not to have any effect at all on furter offending. The findings point to a great importance in this respect of the first contacts with the law enforcement agencies. Moreover, the differentiated effect of punishment seems to depend on the offender’s age, sex, and attitude towards risk, and also on his permanent employment. It should be stressed that many studies use a broader definition of punishment, not limited to the penalties imposed by court. Some researchers treat even a person’s contact with the police as punishment; others believe that this function is performed by arrest. These different working definitions of punishment make it difficult to interpret the findings that relate to absolute deterrence, that is assessment of the effects of imposing punishment as compared to those of escaping punishment. Nearly all studies dealt with recidivism and, first and foremost, the effectiveness of punishment in reducing a person’s further delinquency. To a slight extent only did they try to define the meaning of punishment for those punished, their subjective estimations of probability and severity of punishment. For this reason, interpretation of the findings in the categories of stating whether punishment has a deterrent effect is not always justified.
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Brennan, Patricia A., and Sarnoff A. Mednick. "Learning theory approach to the deterrence of criminal recidivism." Journal of Abnormal Psychology 103, no. 3 (1994): 430–40. http://dx.doi.org/10.1037/0021-843x.103.3.430.
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Bun, Maurice J. G., Richard Kelaher, Vasilis Sarafidis, and Don Weatherburn. "Crime, deterrence and punishment revisited." Empirical Economics 59, no. 5 (2019): 2303–33. http://dx.doi.org/10.1007/s00181-019-01758-6.
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Abstract 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. We construct a new panel data set that contains all relevant variables prescribed by economic theory. Our identification strategy allows for a feedback relationship between crime and deterrence variables, and it controls for omitted variables and measurement error. We deviate from the majority of the literature in that we specify a dynamic model, which captures the essential feature of habit formation and persistence in aggregate behaviour. Our results show that the criminal justice system exerts a large influence on crime activity. Increasing the risk of apprehension and conviction is more influential in reducing crime than raising the expected severity of punishment.
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SHERMAN, LAWRENCE W. "Defiance, Deterrence, and Irrelevance: A Theory of the Criminal Sanction." Journal of Research in Crime and Delinquency 30, no. 4 (1993): 445–73. http://dx.doi.org/10.1177/0022427893030004006.
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GREEN, GARY S. "CITIZEN GUN OWNERSHIP AND CRIMINAL DETERRENCE: THEORY, RESEARCH, AND POLICY*." Criminology 25, no. 1 (1987): 63–82. http://dx.doi.org/10.1111/j.1745-9125.1987.tb00789.x.
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Korkka-Knuts, Heli. "Behaviourally informed approach to corporate criminal law: Ethicality as efficiency." Bergen Journal of Criminal Law & Criminal Justice 10, no. 1 (2022): 30. http://dx.doi.org/10.15845/bjclcj.v10i1.3689.
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An extensive body of behavioural evidence suggests that our actions are not primarily steered by threats of sanction but, instead, by morals, habits, and social norms. This proposition applies equally in corporate environments. Yet, corporate criminal law has traditionally relied on fear of sanctions and deterrence as the prevailing theoretical guidance. This article argues that this line of thinking leads to misinformed regulatory results because of a misguided behavioural assumption of an amoral calculative individual. To bridge the gap between the accumulated behavioural data and doctrinal corporate criminal law, this article suggests a novel behaviourally informed corporate crime prevention theory. Instead of solely concentrating on deterrence and threats of sanction, modern corporate criminal policy should favour regulatory designs that incentivise ethics-based corporate compliance structures that make use of morals as efficient behavioural constraints. Based on the findings of this article, this is best attained by adopting a guilt-based corporate criminal liability model recognising a corporation as a moral actor capable of ethical considerations.
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Wilson, Theodore, Ray Paternoster, and Thomas Loughran. "Direct and Indirect Experiential Effects in an Updating Model of Deterrence." Journal of Research in Crime and Delinquency 54, no. 1 (2016): 63–77. http://dx.doi.org/10.1177/0022427816664119.
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Objectives: Sanction risk perceptions are a central element of deterrence theory, but the process by which an offender’s direct and indirect criminal experiences contribute to future risk perceptions has been understudied. This note seeks to address this domain through an extension of updating model of Anwar and Loughran to account for two distinct information signals obtained by an offender through (1) their personal criminal experiences and (2) the criminal experiences of their family members. Further, this model is extended to assess for any differential updating according to the presence of low impulse control. Methods: Data for this analysis were obtained from the Pathways to Desistance study. Random effects models were employed to model the updating process directly. Results: Having criminal family members who did not get arrested during the current period had the most criminogenic effect upon one’s personal perception of sanction risk, but simply having family members commit crime, regardless of sanction status, appears to be criminogenic. Those with low impulse control place greater weight upon their personal information than vicarious information obtained from their family members. Conclusions: These findings offer some insight into a mechanism that may underlay the delinquent peer effect and warrants future inquiry.
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Raimondo, Giulia. "Invisible Crimes: Accountability for Crimes against Migrants in Libya." European Journal of Migration and Law 25, no. 3 (2023): 328–57. http://dx.doi.org/10.1163/15718166-12340155.
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Abstract The systematic lack of accountability for migrant rights violations occurring in the context of migration control and other deterrence measures has been contested in theory and practice. While the scholarship has explored various accountability venues above and beyond international refugee law and within specialised regimes, new litigation strategies have accountability across multiple judicial and quasi-judicial fora at national and international levels. Against the background of this multilevel litigation strategy, international criminal law has emerged as a new site for accountability for violence against migrants at the borders of Europe. Starting from the Libyan case study, this article will examine the potential of international criminal law in the struggle for accountability for migrant rights violations. It will discuss whether and how qualifying migrant rights violations as crimes against humanity can illuminate certain aspects of violence against migrants at the borders of Europe while concretely challenging and addressing contemporary contactless forms of migration deterrence.
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Rich, Sylvia. "Corporate Criminals and Punishment Theory." Canadian Journal of Law & Jurisprudence 29, no. 1 (2016): 97–118. http://dx.doi.org/10.1017/cjlj.2016.4.
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Corporations are subject to criminal law and sentencing provisions in most legal jurisdictions in the world. This article considers how leading punishment theories apply to corporations. Corporations are, this article argues, group agents with the capacity to make moral judgments. It follows from this that retributivism, the dominant theory of punishment for moral agents, ought to be understood as a component justification of corporate punishment. However, a more fundamental problem arises in the attempt to apply punishment theory to corporations: punishment involves suffering, and corporations cannot suffer in the relevant sense. This means that corporations cannot be punished, though they can be harmed. I explore the possibilities of simply abandoning the word ‘punishment’ and creating sentences that are not at the same time punishments. This has the drawback of limiting what the criminal law can accomplish when it comes to addressing corporate malfeasance. I find that at least one practical consequence for corporate sentencing follows from this theoretical distinction: sentencers have more legitimate authority to raise upper limits for sentences for corporations than they do for individuals, though there are still principles that dictate the need for upper limits. Despite the impossibility of true punishment, the theories of retributivism, deterrence and rehabilitation are still relevant when sentencing corporations.
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Dabee, Nadia. "The Health and Safety at Work Act 2015: the Myth of Increased Deterrence." Victoria University of Wellington Law Review 47, no. 4 (2016): 585. http://dx.doi.org/10.26686/vuwlr.v47i4.4787.
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An assumption frequently made about the Health and Safety at Work Act 2015 is that the imposition of more responsibility on businesses and officers and higher criminal penalties will increase the deterrence of workplace accidents. This article argues that the anticipated increase in deterrence is a myth. In the new Act the definitions of duty-holders and their duties are broad and flexible. In theory, in the face of this broadness and flexibility, businesses who are risk-averse will over-comply with safety regulations to ensure they do not face a penalty. The new law appears to increase penalties and impose higher obligations on a greater number of duty-holders. However, in reality, the standard of care on employers remains unchanged, as do the enforcement mechanisms. Thus, in practice, the incentives to under-comply are higher than the incentives to over-comply and deterrence is unlikely to increase.
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Oliveira, Diego Alexandre Silva de. "A IMPERATIVIDADE DA TEORIA DO DESESTÍMULO EM SERVIÇOS DEFEITUOSOS: UMA ANÁLISE DA JURISPRUDÊNCIA DAS TURMAS RECURSAIS DO JUIZADO ESPECIAL CÍVEL DO ESTADO DO AMAZONAS." Revista ft 28, no. 139 (2024): 27–28. http://dx.doi.org/10.69849/revistaft/ni10202410301327.
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The paper explores the concept of moral damage, highlighting its compensatory, punitive, and preventive functions, with a focus on the application of the deterrence theory in cases of defective services within the Brazilian legal context, particularly in the Special Civil and Criminal Courts of Amazonas. It analyzes the historical development of consumer rights and the role of Special Courts in promoting swift and accessible justice, emphasizing the importance of transparency, good faith, and equity principles in consumer relations. The research employs a doctrinal and jurisprudential approach to demonstrate the effectiveness of deterrence theory as a tool to curb harmful practices and alleviate the judicial system, fostering a fairer and more responsible business environment. The study concludes that the strict application of punitive damages significantly contributes to the protection of consumer rights, strengthening the civil liability system and social justice in Brazil.
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Meijers, Tim, and Marlies Glasius. "Trials as Messages of Justice: What Should Be Expected of International Criminal Courts?" Ethics & International Affairs 30, no. 4 (2016): 429–47. http://dx.doi.org/10.1017/s089267941600040x.
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This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable (but not unproblematic) guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice.
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Andrzej Uhl. "Punishing white-collar offenders. Theory and function: Karanie sprawców "w białych kołnierzykach". Teoria i funkcja." Archives of Criminology, no. XLII/2 (February 2, 2021): 27–47. http://dx.doi.org/10.7420/ak2020y.
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The most prominent sentencing theories, also known as justifications for punishment, were developed long before white-collar crime entered mainstream criminology. Not surprisingly, the literature still focusses on the phenomenology of white-collar crime rather than on the issues of punishment. As a growing number of respectable offenders face criminal prosecution or even incarceration, the application of traditional sentencing rationales proves problematic in practical, ethical, and terminological terms. The article first explains how the debate on punishing upper-world offenders in Europe is inhibited by the offence-based nomenclature of economic crime or ‘collaring the crime, not the criminal’. Thereafter, a review and discussion of relevant English-language literature on the subject is offered, leaving open some questions as to its applicability to the Central-eastern European context. White-collar offenders were traditionally viewed as the perfect target for general deterrence, yet the body of evidence challenges this hypothesis. The theory of positive general prevention seems promising with regard to reinforcing business ethics and counteracting the spiral effect. It is hardly clear what the rehabilitation of middle-class convicts should mean in practice, while incapacitation is reinvented as business debarment and the loss of licences. There is often a glaring discrepancy between retributive and preventive ends in white-collar cases, which also features the political dimension of class inequalities in the criminal justice system. A short excursus provides insight into neoliberal criticisms of punishing white-collar offenders, revealing its unintentional similarities to penal abolitionism. Finally, empirical findings on subjects relevant to punishment theories, such as fair sentencing, public attitudes, and the effectiveness of deterrence, are reviewed with special attention given to Central and Eastern European research.
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Oktarina, Surya. "The Existence of the Death Penalty Sanction for Narcotics Criminal Acts Following the Enactment of Law Number 1 of 2023 on the Criminal Code." Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 3 (2024): 1731–49. https://doi.org/10.31941/pj.v23i3.5388.
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The enactment of Law Number 35 of 2009 on Narcotics introduced provisions imposing the death penalty for certain offences, while Law Number 1 of 2023 on the Criminal Code (KUHP) also regulates narcotics-related crimes under Articles 609, 610, and 611, with Article 610(2)(a) and (b) specifying the death penalty. This creates a conflict between the Narcotics Law, as a lex specialis, and the new Criminal Code, raising questions about the continued application of the death penalty for narcotics cases. Using a sociological and juridical-empirical approach, this research analyses the issue through the legal responsibility theory (grand theory), penal objectives theory (middle range theory), and applied theories of legal effectiveness, legal certainty, and criminal law politics. The findings reveal that the death penalty remains part of Indonesia's narcotics eradication strategy, aimed at deterrence, despite human rights concerns. Under Article 100 of the new Criminal Code, the death penalty is now an alternative sanction with a 10-year probation period, during which good behaviour may lead to commutation to life imprisonment by presidential decree. However, ambiguities exist regarding the authority to assess behaviour and the probation period’s alignment with criminal justice objectives, especially as narcotics trafficking remains a severe issue. The study concludes that the death penalty still exists but recommends harmonising the Narcotics Law and the Criminal Code to ensure legal certainty in its implementation.
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Terpstra, Bo L., Ben C. J. van Velthoven, and Peter W. van Wijck. "Do Intensified Police Controls Change Perceptions of Apprehension Probability: A Field Experiment." Crime & Delinquency 66, no. 8 (2019): 1115–36. http://dx.doi.org/10.1177/0011128719833354.
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The perceived sanction risk is an essential element in the theory of deterrence to link criminal policy and criminal behavior. Previous research has not made clear how or even if individuals update their perceived sanction risk in response to changes in actual criminal policy. This study presents the first field experiment on the updating of the perceived probability of apprehension. On one location the police intensified moped traffic controls during a period of 6 months, while the control intensity on a comparable location remained unchanged. Difference-in-difference estimates reveal that the increased police activity caused an upward revision of the perceived probability of apprehension of offenses such as operating a mobile phone while driving or driving under the influence of alcohol.
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Galloway, Jonathan. "Securing the Legitimacy of Individual Sanctions in UK Competition Law." World Competition 40, Issue 1 (2017): 121–57. http://dx.doi.org/10.54648/woco2017006.
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Traditional deterrence theory relies on a combination of probability and severity of punishment to impose a perception of sufficiently high costs to deter wrongdoing. Yet when a very high severity of punishment counters a low probability, disproportionate outcomes give rise to societal concerns about procedural fairness and justice, such that the law loses legitimacy. Any loss of legitimacy undermines would-be offenders’ normative commitment to, and voluntary compliance with, the law. The UK has encountered significant obstacles in efforts to enhance the deterrence of competition law. The Enterprise Act 2002 (EA02) and the Enterprise and Regulatory Reform Act 2013 (ERRA13) introduced individual sanctions, consisting of a criminal cartel offence and director disqualification orders, to deter anti-competitive behaviour. This article argues that poor drafting and prosecutorial failure are responsible for the failure to earn and secure the legitimacy of the cartel offence. Yet the greatest regulatory failure is not making fuller use of the disqualification powers, which have greater legitimacy. By following the approach suggested in this article the deterrent value and legitimacy of UK competition law would increase, and we would be closer to achieving the goals of the individual sanctions when they were introduced over 13 years ago.
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Liu, Chen. "Effective Connection between Criminal Law and Administrative Law Protection in Environmental Crimes." International Journal of Education and Humanities 16, no. 2 (2024): 109–12. http://dx.doi.org/10.54097/0ss9vy59.
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With the increasing emphasis on ecological environment protection, it has become a consensus of the whole society to use the strictest system and the most rigorous rule of law to protect the ecological environment. Due to its unique severity and deterrence, criminal law is becoming a trend to construct and improve protection for environmental crimes through criminal law. Many countries in the world have environmental crimes in their criminal codes or subsidiary criminal laws, and China is no exception. However, criminal law always relies on administrative law in regulating environmental crimes, and seeking a balance between the application of criminal law and administrative law in order to maximize the environmental protection and punishment functions of criminal law is an urgent problem that needs to be solved. The article analyzes and studies the basic theory of environmental crime and its administrative attributes, pointing out the appropriate mechanism for criminal law intervention in environmental protection, in order to achieve effective connection between administrative law and criminal law in environmental protection issues.
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Hirtenlehner, Helmut. "The Interaction Between Self-Control and Perceived Sanction Risk: An Analysis From the Viewpoint of Different Theories." Criminal Justice Review 45, no. 1 (2019): 104–28. http://dx.doi.org/10.1177/0734016819876347.
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The present article studies the interplay of self-control and perceived sanction risk in crime causation. Several hypotheses are formulated. The General Theory of Crime suggests that sanction certainty effects are greater for individuals of high self-control. Their inability to devote thought to the negative long-term consequences of their behavior renders persons characterized by low self-control immune to the risk of formal punishment. From Situational Action Theory (SAT), it follows that sanction certainty effects are larger for persons with low self-control ability. Individuals with a poor capacity for self-control will more often feel tempted to engage in criminal behavior, which brings perceived sanction risk into play as a potential deterrent. The theory’s emphasis on the moral filter as a determinant of the nature of the perceived action alternatives implies additionally that the self-control/deterrence interaction may be stronger for those holding weak law-consistent moral beliefs. The various hypotheses are tested using longitudinal data from the British Peterborough Adolescent and Young Adult Development Study. Results provide more support for the propositions derived from SAT. An individual’s level of self-control conditions the impact of perceived sanction risk, with sanction certainty estimates being most influential among adolescents of low self-control. There is also some indication of a three-way interaction according to which the observed interplay of self-control and deterrence is most pronounced among persons characterized by weak morality.
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Szabó, András László. "Criminal Policy Approach to Lone Offenders and a Possible Model for their Identification." Nemzetbiztonsági szemle 8, no. 2 (2020): 66–78. http://dx.doi.org/10.32561/nsz.2020.2.5.
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The method of lone offence and its appearance in crime and terrorism have been persistent. Their identification is difficult with traditional methods of criminal policy and crime control. A fundamental reason for this is that criminal policy serves the reduction of the crime rate, that is, the prevention and investigation of a large number of similar offences, and the enforcement of the state’s monopoly in criminal law. In this paper, I will demonstrate why criminal policy, the theory of deterrence and criminological interpretation of crime prevention are not suitable for identifying and preventing this method of attack. Due to their nature, lone offender attacks receive extensive media coverage, magnifying the dangers they represent. I will demonstrate the ways in which penal dogmatic and prevention models work or may not work. At the end of the paper I will outline a possible prevention model.
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Oktovianus, Jims, Muhadar, Achmad Ruslan, and Naswar. "Criminal Excise Sanctions in the Perspective of Ultimum Remedium: Forward-Looking and Backward-Looking Approaches in Indonesia for Sustainable Economic Justice (SDG 8 & SDG 16)." Journal of Lifestyle and SDGs Review 5, no. 3 (2025): e04845. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe04845.
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Objectives: This study aims to analyze the nature and regulation of criminal sanctions in the Excise sector in Indonesia and evaluate their effectiveness in achieving the objectives of criminalization. Despite legal provisions mandating fines for excise violations, many convicted offenders opt for imprisonment instead of paying fines, leading to ineffective recovery of state revenue losses. Theoretical Framework: The study is based on legal theories concerning criminal sanctions, including deterrence theory and restorative justice. It also examines the principle of state supervision in tax and excise law enforcement, which ensures compliance while balancing economic interests. Method: This research adopts a normative legal approach, relying on primary legal materials (laws and regulations), secondary legal materials (legal literature and research reports), and non-legal materials relevant to the study. The analysis method is qualitative, focusing on legal interpretation and doctrinal analysis. Results and Discussion: Findings indicate that excise criminal sanctions are grounded in the principle of enforcement and supervision, ensuring compliance with excise regulations. However, the current system presents challenges in recovering state losses, as imprisonment does not contribute to financial restitution. The study highlights the need for a dual approach: a forward-looking perspective that strengthens deterrence and a backward-looking approach that prioritizes state revenue recovery through effective fine enforcement. Research Implications: This study supports Sustainable Development Goal (SDG) 16 (Peace, Justice, and Strong Institutions) by promoting a more effective legal framework. It also contributes to SDG 8 (Decent Work and Economic Growth) by ensuring excise compliance supports economic sustainability. Originality/Value: This research provides a novel perspective on excise criminalization by integrating deterrence and restorative justice, offering policy recommendations for balancing legal enforcement with economic considerations.
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Sujono, Imam. "IMPLEMENTATION OF CHEMICAL CASTRATION PUNISHMENT FOR SEXUAL VIOLENCE AGAINST CHILDREN PERPETRATOR." Journal of Law and Policy Transformation 7, no. 1 (2022): 67. http://dx.doi.org/10.37253/jlpt.v7i1.6561.
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The purpose of this research is to perform a legal evaluation of the implementation of Government Regulation No. 70 of 2020 on chemical castration punishment for offenders of sexual assault against children. The normative juridical technique was employed in the creation of this publication, which is a study centered on evaluating the rules or norms found in positive law. According to the research findings, the implementation of this regulation is intended to provide justice for victims, suppress the growth rate of cases, and provide a deterrent effect for perpetrators; these reasons are associated with criminal law theories such as retributive theory, deterrence theory, rehabilitation theory, and resocialization theory. Human Rights Law considers this penalty to be a breach of human rights, as outlined in the Universal Declaration of Human Rights and Human Rights Law No. 39 of 1999. Denmark, Sweden, Finland, Norway, Poland, the US state of California, Australia, New Zealand, Russia, South Korea, Israel, Estonia, and Moldova are some of the countries that have implemented this penalty. Countries that have implemented this penalty have two basic goals: first, to apply this punishment as a national punishment, and second, to apply this punishment voluntarily from the perpetrator.
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Imam, Sujono. "IMPLEMENTATION OF CHEMICAL CASTRATION PUNISHMENT FOR SEXUAL VIOLENCE AGAINST CHILDREN PERPETRATOR." Journal of Law and Policy Transformation 7, no. 1 (2022): 67–84. https://doi.org/10.37253/jlpt.v7i1.6561.
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The purpose of this research is to perform a legal evaluation of the implementation of Government Regulation No. 70 of 2020 on chemical castration punishment for offenders of sexual assault against children. The normative juridical technique was employed in the creation of this publication, which is a study centered on evaluating the rules or norms found in positive law. According to the research findings, the implementation of this regulation is intended to provide justice for victims, suppress the growth rate of cases, and provide a deterrent effect for perpetrators; these reasons are associated with criminal law theories such as retributive theory, deterrence theory, rehabilitation theory, and resocialization theory. Human Rights Law considers this penalty to be a breach of human rights, as outlined in the Universal Declaration of Human Rights and Human Rights Law No. 39 of 1999. Denmark, Sweden, Finland, Norway, Poland, the US state of California, Australia, New Zealand, Russia, South Korea, Israel, Estonia, and Moldova are some of the countries that have implemented this penalty. Countries that have implemented this penalty have two basic goals: first, to apply this punishment as a national punishment, and second, to apply this punishment voluntarily from the perpetrator.
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Jonathan Baan Naab and Opeolu Amusa. "Mitigating security risks in global supply chains: The role of strategic communication and criminological approaches in countering illicit trade and cyber threats." Computer Science & IT Research Journal 5, no. 9 (2024): 2197–215. http://dx.doi.org/10.51594/csitrj.v5i9.1579.
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In the era of global commerce, the integrity and resilience of supply chains have become paramount. However, the increasing complexity of international supply networks has exposed them to a myriad of security risks, including both physical threats and cyberattacks. This paper explores the critical role of strategic communication and criminological approaches in mitigating security risks within global supply chains. It argues that a proactive approach to security—one that integrates effective communication strategies and criminological theories—can significantly enhance the ability of organizations to manage and mitigate these risks. Strategic communication, encompassing clear messaging, timely information sharing, and robust stakeholder engagement, is essential for maintaining transparency and preparedness in supply chain operations. Effective communication ensures that all stakeholders are informed about potential threats and the measures in place to address them, thereby facilitating a coordinated and timely response to security incidents (Fearn-Banks, 2016; Coombs, 2007). This paper examines how organizations can develop and implement comprehensive communication plans that enhance their ability to anticipate and respond to security threats. In addition, the application of criminological theories, such as routine activity theory, situational crime prevention, and deterrence theory, provides valuable frameworks for understanding and addressing security vulnerabilities in supply chains. Routine activity theory emphasizes the importance of identifying motivated offenders, suitable targets, and capable guardians, which can help organizations develop targeted security measures to reduce opportunities for criminal activities (Cohen & Felson, 1979). Situational crime prevention focuses on modifying the environment to deter crime, while deterrence theory highlights the role of penalties and enforcement in preventing criminal behavior (Clarke, 1997; Becker, 1968). This paper explores how these theories can be applied to enhance supply chain security and develop effective preventive strategies. The integration of strategic communication with criminological approaches offers a holistic framework for mitigating security risks in supply chains. By combining these strategies, organizations can improve their ability to manage security threats, safeguard their assets, and ensure the continuity of their operations. The findings of this paper underscore the importance of adopting a comprehensive approach to supply chain security that incorporates both communication and criminological insights. Keywords: Global Supply Chains, Security Risks, Strategic Communication, Criminological Approaches, Cyber Threats, Licit Trade, Routine Activity Theory, Situational Crime Prevention, Deterrence Theory, Supply Chain Security.
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Ol’kov, S. G. "CAPITAL PUNISHMENT AS A CONSEQUENCE OF THE FUNDAMENTAL PHYSICAL LAWS GOVERNING CRIME." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 249–63. http://dx.doi.org/10.37279/2413-1733-2020-6-2-249-263.
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The purpose of the article, based on the mathematical model of criminal responsibility and the fundamental laws of criminal policy, is to prove the necessity of applying the maximum criminal penalty in the form of a death penalty. Scientific methods: methods of mathematical analysis, probability theory, and mathematical statistics. Scientific results obtained by the author: the necessity of using the maximum criminal penalty in the form of the death penalty is proved on the basis of the law of increasing marginal utility of criminal penalties and the law of demand for goods of crime at a price, because this punishment provides a strong deterrence of crime, both at the level of General and special prevention of crime by criminal penalties. It is shown that in 2019 in Russia, the elasticity of real crime was 3.22%, the latency multiplier for General crime was 3.38, with the minimum latency for robberies of 1.03 and the maximum for fraud of 11.26. Equation of demand for a product crime by price for real crime in 2019 in Russia
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Reitan, Eric. "Punishment and Community: The Reintegrative Theory of Punishment." Canadian Journal of Philosophy 26, no. 1 (1996): 57–81. http://dx.doi.org/10.1080/00455091.1996.10717444.
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There seems to be nearly universal agreement that society cannot do without some form of criminal punishment. At the same time, it is generally acknowledged that punishment, involving as it does the imposition of hardship and suffering, stands in need of justification. What form such a justification should take, however, is a matter of considerable contention, in part because of basic theoretical disagreements on the nature of moral obligation, and in part because of disagreements concerning the nature and purpose of criminal punishment itself.These disagreements have given rise to a number of rival ‘theories’ of punishment - rival accounts of the purposes of punishment and the conditions which justify it. The traditional theories can be broadly categorized as deterrence theories, incapacitation theories, retributive theories, and rehabilitative theories (broadly conceived to include moral education theories). My purpose here is to contribute to this discussion on punishment by introducing a largely overlooked theory of punishment, one whose outlines can be found in the writings of Simone Wei!, but which has yet to be fully developed and discussed. This theory, which I call the ‘reintegrative theory,’ has, I believe, a number of advantages over more traditional theories of punishment.
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Dahtiar, Dahtiar. "Penerapan Teori Pemidanaan Dalam Putusan Perkara Tindak Pidana Pemilu Tahun 2019." Jurnal Penegakan Hukum Indonesia 3, no. 1 (2022): 120–42. http://dx.doi.org/10.51749/jphi.v3i1.70.
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In the context of criminal elections, we need to look at the practice and there will likely be doubts and questions about the actualization of the application of the Theory of Punishment in judges' decisions. Especially for South Kalimantan, it is interesting to conduct research and analysis of the extent to which judges (especially those handling cases of the 2019 Election Crime), are in the process of imposing the type and duration of the crime. The purpose of this study is to examine and analyze whether every decision of a District Court Judge in South Kalimantan who handles criminal cases in the 2019 elections already reflects the theory of punishment. In addition, this study is also aimed at studying and analyzing what theories of punishment are used or adhered to by district court judges in South Kalimantan who handle criminal cases of the 2019 elections. Using the normative method with a case approach by examining the decisions of the District Court in South Kalimantan in the 2019 Election crime case that has been decided by the judge by taking all election crime cases in South Kalimantan which are simplified to a total of 6 (six) District Court decisions. It was found that the Panel of Judges for election criminal sanctions, especially in the criminal verdict of the 2019 elections in South Kalimantan, combined the sanction of imprisonment (improsenment) and fine sanctions with the application of the Theory of Relative Punishment which is oriented towards the Theory of Deterrence and the Theory of Objectives.
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Roy, Shubhangi. "Theory of Social Proof and Legal Compliance: A Socio-Cognitive Explanation for Regulatory (Non) Compliance." German Law Journal 22, no. 2 (2021): 238–55. http://dx.doi.org/10.1017/glj.2021.5.
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AbstractChallenging the assumption of perfect legal knowledge, this Article employs social psychology to better understand how individuals make decisions about legal compliance under imperfect information conditions. It adapts the informational aspects of “social influence conception of criminal deterrence” to regulatory compliance at large. However, it conceptualizes social influence as more than just “visible deterrence.” Social Psychology helps us to understand who, how many, and what kind of behaviors constitute adequate social proof to guide an individual’s decision on compliance. Additionally, the interaction of social proof and legal compliance is considered within a dynamic framework in relation to specific rules and across the system. Within this framework, compliance/non-compliance cascades across different rules and can create a perception about legal compliance at large, which in turn guides initial expectations with respect to new laws. Over time, this can create high/low compliance equilibriums within which societies operate. Understanding this informational role that social influence plays in legal compliance can further our understanding of what motivates compliance, the potency of the expressive functions of law in societies operating within different compliance equilibriums, and inform policy discussions on how to improve compliance—both voluntary and through sanction/incentives.
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Irmawan, Defry Dwi, and Anis Mashdurohatun. "Disparities Criminal Case Against Judge's Decision In Crime Of Narcotics Abuse Viewed From The Purpose Of Criminal Law." Jurnal Daulat Hukum 1, no. 4 (2018): 973. http://dx.doi.org/10.30659/jdh.v1i4.4141.
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Criminalization of the criminal case of narcotics abuse by the judges are very diverse. The aim of research to find out and analyze why the disparity in the criminal verdict against narcotics abuse criminal case, how the implementation of the basic objective of sentencing disparity in the criminal verdict against narcotics abuse criminal case. Methods are juridical sociological approach using primary data from interviews with relevant parties associated secondary data of materials applicable laws or regulations. The results of the study, 1) criminal disparity in criminal narcotics abuse, cause by the impact of the crime of narcotics abuses, committing criminal background narcotic abuse, the persuasive principle of Presedent, The existence of freedom and independence of the judge in the 1945 Constitution, the laws existing judicial power, the theory of dissenting opinions, and the doctrine of res judicate hebetur pro veritate. 2) Implementation of the objective of sentencing in criminal disparity criminal case of narcotics abuse, contained in the formulation of a special minimum punishment in Act No. 35 of 2009, is to meet the demands of society and the effectiveness of the influence of general prevention. of punishment meted out, the final attempt of criminal law and serves as a special precaution, prevention against the perpetrators to obtain deterrence and rehabilitation for himself.Keywords: Narcotics abuse; Criminal Disparities; Objective Punishment.�
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Nuotio, Kimmo. "A legitimacy-based approach to EU criminal law: Maybe we are getting there, after all." New Journal of European Criminal Law 11, no. 1 (2020): 20–39. http://dx.doi.org/10.1177/2032284420903386.
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European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point.
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Lee, Jungmin. "Collecting digital evidence and applying the Exclusionary Rule: Referring to the discussion of Japan's exclusionary rule." Korean Association of Criminal Procedure Law 16, no. 1 (2024): 175–208. http://dx.doi.org/10.34222/kdps.2024.16.1.175.
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There is a view that when the exclusionary rule was clarified, it should be automatically and mandatorily excluded from evidence if there is an offense by investigative agencies. I think this is due to the trauma of illegal investigations that have historically existed in Korea, but the benefits to criminals from minor misconduct by investigative agencies are too great. In fact, in South Korea, there are cases where evidence is excluded even when there is evidence of harm or guilt, as a deterrent effect to curb misconduct, making it difficult for victims to seek redress.
 The exclusionary rule has certainly contributed to the transparency of investigative practices, as law enforcement agencies are more careful in their investigations. However, quasi-appeals and other administrative or civil sanctions can be sufficient deterrents to illegal investigations. As Japan's theory of relative exclusion shows, it is necessary to use relative and discretionary exclusion rather than mandatory and absolute exclusion in terms of the gravity of the offense and the deterrence of illegal investigations. This is especially true in areas where the standards are not yet clear, such as digital evidence.
 Minor misconduct investigations, especially for digital evidence, are often committed by investigators without recognizing the legality or illegality of the violation. Investigators need to be educated, especially if they have never dealt with cyber crime and only occasionally encounter digital evidence.
 Just as the responsibility of intent and negligence is differentiated in substantive law, it should not be judged only by the result of a criminal investigation without judgment of intent and negligence in procedural law. Guidelines for search and seizure of digital evidence should be established, educated and publicized to law enforcement agencies. Evidence should not be excluded because it is an illegal investigation, without agreement on the appropriate process, in a vague state, and without providing criteria.
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Zhou, Yifei. "Why People Commit Crimes: Theoretical Explanations." Journal of Education, Humanities and Social Sciences 22 (November 26, 2023): 625–31. http://dx.doi.org/10.54097/ehss.v22i.13242.
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The reasons behind criminal behavior and the impacts on individual developmental outcomes are important research questions in the field of criminal psychology. Researchers often investigate the causes of individual criminal behavior by examining both individual characteristics and environmental factors. This study explores, from a theoretical perspective, why people engage in criminal activities. Four theories of human behavior seek to explain the decision-making process behind criminal actions. Among these, the rational choice theory stands out with its emphasis on cost-benefit analysis. This approach suggests that individuals commonly base their decisions on a weighing of potential costs and benefits. However, certain factors, like low self-control, can significantly disrupt one's ability to focus on the decision's elements, potentially causing an undue fixation on perceived benefits. Amidst the increasing complexity of human interactions, the social learning theory highlights the impact of delinquent individuals on the general populace. Factors such as media exposure, obedience to authority, and the loss of individual identity in group settings are shown to wield considerable influence. Delving into the intricacies of human personality and emotions, the trait-state approach zeroes in on individual disparities and adopts a dynamic perspective. Furthermore, contemporary law enforcement plays a significant role in maintaining public order, with punitive measures targeting offending conduct. This aligns with the deterrence theory's emphasis on the pivotal role of punishment and the perceived costs that individuals weigh when contemplating criminal acts.
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Li, Jiayu. "The Impact of Environmental Regulation on Corporate ESG Performance Empirical Studies Based on Deterrent Effects." Advances in Economics, Management and Political Sciences 104, no. 1 (2024): 114–26. http://dx.doi.org/10.54254/2754-1169/2024.17723.
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The concept of sustainable development has been increasingly emphasized by all sectors at home and abroad, but the reality is that environmental performance is not satisfactory, and the market mechanism cannot well solve the problem of conflicting interests between enterprises and society. Based on the deterrence theory in criminal economics, this paper analyzes the internal mechanism of environmental regulation from the perspective of peer influence, and empirically investigates the impact of environmental penalties on ESG scores of target companies. The sample of listed heavy polluters from 2009 to 2022 is analyzed with the data of corporate environmental penalties. The empirical results show that target firms increase their ESG composite scores when environmental penalties are observed, i.e., environmental regulation has a deterrent effect through the peer influence path. In addition, factors such as industry competition intensity, media attention, and executive compensation have an impact on the deterrent effect of environmental regulations, which is reflected in the fact that the stronger the industry competition intensity, the more media attention, and the higher the executive compensation, the stronger the deterrent effect of peer firms. The study concludes that when the government imposes environmental penalties on non-compliant companies, it can improve the deterrent effect of environmental regulations by appropriately increasing the typicality and severity of the penalties, and at the same time exerting the roles of public opinion supervision and industry competition.
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NAGIN, DANIEL S., and RAYMOND PATERNOSTER. "PERSONAL CAPITAL AND SOCIAL CONTROL: THE DETERRENCE IMPLICATIONS OF A THEORY OF INDIVIDUAL DIFFERENCES IN CRIMINAL OFFENDING*." Criminology 32, no. 4 (1994): 581–606. http://dx.doi.org/10.1111/j.1745-9125.1994.tb01166.x.
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Dongho, Cho, and Lee Soojung. "Fraud Crime Deterrence Effect of Confiscation of Criminal Proceeds : Focusing on Rational Choice Theory and Economic Rationality." Correction Review 86 (March 31, 2020): 177–203. http://dx.doi.org/10.14819/krscs.2020.30.1.7.177.
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Schepers, Debbie, and Jost Reinecke. "Conditional relevance of controls: A simultaneous test of the influences of self-control and deterrence on criminal behaviour in the context of Situational Action Theory." European Journal of Criminology 15, no. 1 (2018): 77–92. http://dx.doi.org/10.1177/1477370817732191.
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Situational Action Theory includes a series of propositions on the interaction between the moral filter and internal and external controls. These reflections are condensed into the principle of the conditional relevance of controls and the principle of moral correspondence. In this study, the interplay of controls and moral forces is tested within the framework of structural equation modelling. Survey data from two cohorts of students in the German cities of Dortmund (North-Rhine Westphalia) and Nuremberg (Bavaria) serve as the empirical base. By using multiple group comparisons, the influences of self-control and deterrence on self-reported delinquency are examined simultaneously for four different subgroups of respondents formed on the basis of their levels of crime propensity and criminogenic exposure. The analyses provide support for a conditional relevance of controls, but produce only mixed evidence for the principle of moral correspondence. Controls are more important when the moral filter is weak, but fail to lose their explanatory power among adolescents characterized by both high propensity and strong exposure. Our findings furthermore suggest that self-control appears to matter particularly when the moral context encourages crime and deterrence seems to be influential especially when personal morality encourages crime.
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Raviv, Adam. "Government Ethics in the Age of Trump." University of Michigan Journal of Law Reform, no. 54.2 (2021): 331. http://dx.doi.org/10.36646/mjlr.54.2.government.
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Americans’ trust in government officials has never been lower. Despite the intense public focus on ethics in government in recent years, legal scholarship on the subject has been sparse. This Article fills the gap by examining the ethics regime of the federal executive branch in depth, with a discussion of both the applicable ethics standards and the agencies and offices that are charged with ensuring that government officials comply with those standards. The Article describes how the current system heavily emphasizes prevention, education, and highly detailed disclosures while it rarely enforces the law against wrongdoers. A federal official in the United States is literally more likely to be struck by lightning than to be charged with violating a government ethics law. The Article then considers the federal government’s ethics regime through the lens of criminal deterrence theory and concludes that the current system is an example of what not to do if the goal is to discourage violations. To address this deficiency, the Article proposes a number of reforms to the current system to improve the deterrent effect of federal ethics standards, including a radical reimagining of the authority of government ethics officials.
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Dr., John Motsamai Modise. "Violence Prevention, General Deterrence, Community Policing, and Problem-Oriented Policing are all Components of Hot Spot Policing." Violence Prevention, General Deterrence, Community Policing, and Problem-Oriented Policing are all Components of Hot Spot Policing 8, no. 4 (2023): 17. https://doi.org/10.5281/zenodo.10060289.
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This article seeks to assess the effectiveness of all hot spot policing components in lowering crime. A critical first step in enhancing public safety is the identification of criminal hotspot locations. Law enforcement agencies can gain from accurate and effective location identification by receiving information that can be used to lessen criminal activity. It would be more logical to utilize these resources in places with much higher crime rates given the limited resources at law enforcement's disposal. Police strategies that concentrate resources on smaller locations with high crime densities are referred to as "hotspot policing" and "place-based policing." Both academics and police personnel strongly endorse and approve the strategy. This adoption is primarily due to the way researchers have presented the strategy as an evidence-based method. In the current studies, the approach for determining the strategy's effectiveness is frequently constrained. According to Kochel (2011), these studies narrowly define success as a drop in crime in the targeted areas and largely concentrate on what works. The potential benefits of focusing efforts on crime hotspots have lately come to the attention of researchers and practitioners in the field of criminal justice. Numerous studies have shown that crime is disproportionately concentrated in tiny places, or "hot spots," where it makes up half of all criminal activity. Researchers contend that if police officers concentrated their efforts on these outlaw locations, many crime issues could be reduced more effectively. The appeal of concentrating scarce resources on a select group of high- crime locations is obvious. If crime can be stopped in certain high-crime areas, overall crime rates may go down. This program increased police presence in "hot spots" for crime in an effort to lower criminal activity. Hot areas that have been policed statistically significantly less frequently than control hot spots in terms of both observed disorder and citizen calls to the police. An effective rating suggests that putting the plan into practice is probably going to provide the desired result(s). The primary objective of Hot Spots policing is to prevent and lower overall crime in high-crime areas. Police Departments should employ tactics to locate "hot spots" of crime and boost police presence there in order to discourage criminal activity. In high-crime areas, the methods are meant to have a general deterrent effect. The concept behind the Hot Spots policing is that an increase in police presence can significantly lower criminal activity. This hypothesis was put into practice by concentrating law enforcement resources in "hot spots" of crime areas with high crime rates. The theory was that since the majority of crime occurred in a small number of geographical areas, boosting police presence there would result in significant decreases in crime. Instead of a reactive strategy that makes arrests after a crime has already been committed, the plan used proactive policing to stop crimes from happening. This overall policy was founded on the deterrence hypothesis, which holds that the mere presence of law enforcement will inhibit criminal activity in a certain area.
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Alshible, Mohamad, and Hamzeh Abu Issa. "ALTERNATIVES TO COMMUNITY REFORM IN JORDANIAN LAW (ALTERNATIVE SENTENCES)." Journal of Southwest Jiaotong University 57, no. 6 (2022): 476–85. http://dx.doi.org/10.35741/issn.0258-2724.57.6.44.
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This paper addresses the alternatives to community reform in Jordanian law as it is one of the most crucial issues in criminal law. Reviewing the distinctive criminal law developments in various countries, we can see that they have made significant progress regarding alternatives to sentences. For example, most countries have established alternative punishments for custodial sentences in a way that is compatible with the gravity of the offense, its consequences, and with the idea of deterrence that is proportionate to the respect that must be shown for human rights and freedoms. In figures the beneficiaries of alternative sanctions reached 979 convicts until mid-August 2022, while it reached 302 cases during 2021, which indicates an expansion in the application of alternative sanctions. However, when we examine the amendments that created these alternatives under Jordanian law, we discover that they also require more expansion and practical application in line with current trends to correct any flaws that might impact the criminal justice system. Studying this gap between theory and practice is crucial to persuade the relevant authorities to broaden the use and development of reform alternatives.
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Mahmood, Kashif. "Countering Violent Extremism through Narrative Building in Pakistan." ISLAMIC STUDIES 61, no. 1 (2022): 63–84. http://dx.doi.org/10.52541/isiri.v61i1.2273.
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An analytical study of violent extremism reveals that criminal law’s deterrence theory is ineffective in curbing irrational behaviours of ideologically disoriented men. Such behaviours are mostly the outcomes of circumstances where subjectivities of hate, fear, anguish, zeal, and passion override the punitive objectivity of laws. Sociopolitical and ideological violence is the systematic behaviours of the masses to express chronic agonies emerging from the scarcity of their basic human needs including dignity, the pursuit of happiness, social justice, and common wealth. These values mostly revolve around an ultimate conception of equality that is hard to accomplish in ethnically or socially polarized societies because the legal systems in these societies are meant more to enforce coercive public order than to construct a collective conception of justice.
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Glebovskiy, Alexander. "Criminogenic isomorphism and groupthink in the business context." International Journal of Organization Theory & Behavior 22, no. 1 (2019): 22–42. http://dx.doi.org/10.1108/ijotb-03-2018-0024.
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PurposeThe purpose of this paper is to discuss the criminogenic nature of isomorphism and groupthink in business organisations with a view to developing a conceptual model of the criminalisation process leading to criminal behaviour within businesses.Design/methodology/approachThis paper draws on institutional theory and social psychology theory to discuss how isomorphic and groupthink processes may lead to criminal behaviour in the corporate world. The paper is based on a rigorous review of the relevant literature and theoretical frameworks regarding isomorphic dynamics, processes, factors, forces and mechanisms in the business context. The review was guided by a question of how isomorphic and groupthink processes can transform business organisations and its members into offenders. The approach applied was to transfer the existing theories of isomorphism and groupthink into the field of criminology, in order to devise a new model of the process of criminalisation.FindingsThe effects of isomorphic and groupthink processes can have a criminogenic effect on businesses and individuals in organisational settings which may coerce agents to engage in criminal behaviour. In crime-facilitative circumstances, isomorphism and groupthink foster criminal activity by cultivating homogeneous behaviour, conformity, resemblance, shared values and identical ways of thinking across and within firms. This herd behaviour can be regarded as one of the explanations for the pervasiveness of criminal and unethical behaviour in the corporate world, the consequences of which could be devastating.Research limitations/implicationsThis is a theoretical analysis, not one based on empirical findings, though it does suggest a model for future testing.Practical implicationsThis study explains the criminogenic nature of isomorphic and groupthink processes and contributes to the debate on the casualisation of corporate crime. This has important implications for the deterrence of illegal and unethical activities at both the organisational and institutional levels.Originality/valueThis study provides a conceptual model of the criminalisation process in businesses fostered by criminogenic isomorphism and groupthink.
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Раненкова, Е. А., та Д. В. Углицких. "Уголовно-правовые средства борьбы с фиктивной постановкой на миграционный учет: законодательные и правоприменительные проблемы". Ius Publicum et Privatum, № 3(27) (30 вересня 2024): 128–35. http://dx.doi.org/10.46741/2713-2811.2024.27.3.017.
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В статье рассматриваются некоторые аспекты уголовно-правовых средств борьбы с фиктивной постановкой на миграционный учет, проведен анализ их эффективности. Познание сущности фиктивной постановки на учет иностранного гражданина или лица без гражданства как специфического вида преступной деятельности позволит выработать рекомендации по совершенствованию теории и практики противодействия данным преступлениям, сократить их количество. Сделаны объективные выводы и высказаны предложения, направленные на совершенствование нормативно-правовой деятельности в части установления дополнительных механизмов противодействия фиктивной постановке на учет иностранного гражданина или лица без гражданства по месту пребывания в Российской Федерации. The article considers some aspects of criminal deterrence of fictitious migration registration and analyzes their effectiveness. Understanding the essence of fictitious registration of a foreign citizen or stateless person as a specific type of criminal activity will allow us to develop recommendations for improving the theory and practice of its counteraction and reducing a number of these crimes. Objective conclusions are drawn and proposals are made to enhance regulatory and legal activities in terms of establishing additional mechanisms to counteract fictitious registration of a foreign citizen or stateless person at the place of residence in the Russian Federation.