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Specific deterrence is designedby the nature of due to the alienation and exclusion of some
the proscribed sanctionsto deter only the individ- members of society. To avoid this, people agree to
ual offender from committing that crime in the give up their own egocentricity as long as everyone
future. Proponents of specific deterrence also does the same thing approximately. This is what
believe that punishing offenders severely will make Hobbes termed the social contract. To avoid war,
them unwilling to reoffend in the future. A drunk conflict, and crime, people enter into a social con-
driver, for example, would be deterred from drink- tract with the government so that it will protect
ing and driving because of the unpleasant experi- them from human predicaments. The role of the
ence he or she suffered from being arrested, or state is to enforce the social contract. Hobbes
having his or her license taken away or his or her car indicated that if one agrees to the social contract,
impounded. The state must apply enough pain to that individual authorizes the sovereign to use force
offset the amount of pleasure derived from drinking. to uphold the social contract. But crimes may still
occur even if after governments perform their
duties. In this case, Hobbes argued that the punish-
EARLY CLASSICAL
ment for crime must be greater than the benefit that
PHILOSOPHERS OF DETERRENCE THEORY
comes from committing the crime. Deterrence is
The deterrence theory of punishment can be traced the reason individuals are punished for violating the
to the early works of classical philosophers such social contract, and it serves to maintain the agree-
as Thomas Hobbes (15881678), Cesare Beccaria ment between the state and the people in the form
(17381794), and Jeremy Bentham (17481832). of a workable social contract.
Together, these theorists protested against the legal
policies that had dominated European thought for Cesare Beccaria
more than a thousand years, and against the spiritu-
Building on the ideals of the social contract
alistic explanations of crime on which they were
philosophers, in 1764, Cesare Bonesana, Marchese
founded. In addition, these social contract thinkers
Beccaria, published his treatise, Dei Delitti e delle
provided the foundation for modern deterrence
Pene (On Crimes and Punishments), in which he
theory in criminology.
challenged the rights of the state to punish crimes.
He followed Hobbes and other 18th-century
Thomas Hobbes
Enlightenment writers that laws should be judged
In Leviathan, published in 1651, Hobbes by their propensity to afford the greatest happiness
described men as neither good nor bad. Unlike shared by the greatest number (Beccaria, 1963,
religious philosopher Thomas Aquinas, who insisted p. 8). Since people are rationally self-interested,
that people naturally do good rather than evil, they will not commit crimes if the costs of commit-
Hobbes assumed that men are creatures of their ting crimes prevail over the benefits of engaging
own volition who want certain things and who fight in undesirable acts. If the sole purpose of punish-
when their desires are in conflict. In the Hobbesian ment is to prevent crime in society, Beccaria (1963)
view, people generally pursue their self-interests, argued, punishments are unjust when their severity
such as material gain, personal safety, and social exceeds what is necessary to achieve deterrence
reputation, and make enemies without caring if they (p. 14). Excessive severity will not reduce crime,
harm others in the process. Since people are deter- in other words, it will only increase crime. In
mined to achieve their self-interests, the result Beccarias view, swift and certain punishment are
is often conflict and resistance without a fitting the best means of preventing and controlling crime;
government to maintain safety. punishment for any other reason is capricious,
Hobbes also pointed out that humans are rational superfluous, and repressive.
enough to realize that the self-interested nature of Beccaria and the classical theorists believed that
people would lead to crime and inevitable conflict humans are rational beings with free will to govern
Deterrence Theory235
their own decisions. Indeed, he emphasized that barbarities found in the criminal codes of his time
laws should be published so that people may know in England. Noting that all punishment is mischief,
what they representtheir intent, as well as their he maintained, also, that all penalties, per se, are
purpose. Basing the legitimacy of criminal sanc- evil unless punishment is used to avert greater evil,
tions on the social contract, Beccaria (1963) called or to control the action of offenders. In short, the
laws the conditions under which men, naturally object of the law is to widen the happiness of the
independent, united themselves in society (p. 11). people by increasing the pleasure and lessening
He was against torture and secret accusations, and the pain of the community. Punishment, in excess
demanded they be abolished. Furthermore, he of what is essential to deter people from violating
rejected the use of capital punishment and sug- the law, is unjustified.
gested that it be replaced by imprisonment.
According to Beccaria, jails should be more SEVERITY, CERTAINTY,
humane and the law should not distinguish between AND CELERITY OF PUNISHMENT
the rich and the poor. Judges should determine guilt
and the application of the law, rather than the spirit The theory of deterrence that has developed from
of the law. Legislators should pass laws that define the work of Hobbes, Beccaria, and Bentham relies
crimes and they must provide specific punishments on three individual components: severity, certainty,
for each crime. To have a deterrent value, punish- and celerity. The more severe a punishment, it is
ment must be proportionate to the crime committed. thought, the more likely that a rationally calculating
Finally, Beccaria argued that the seriousness of human being will desist from criminal acts. To pre-
crimes should be based on the extent of harm done vent crime, therefore, criminal law must emphasize
to society. As an advocate of the pleasure-pain prin- penalties to encourage citizens to obey the law.
ciple or hedonistic calculus, Beccaria maintained Punishment that is too severe is unjust, and punish-
that pleasure and pain are the motives of rational ment that is not severe enough will not deter crimi-
people and that to prevent crime, the pain of pun- nals from committing crimes.
ishment must outweigh the pleasure received from Certainty of punishment simply means making
committing crime. sure that punishment takes place whenever a crimi-
nal act is committed. Classical theorists such as
Beccaria believe that if individuals know that their
Jeremy Bentham
undesirable acts will be punished, they will refrain
Jeremy Bentham, a contemporary of Beccaria, from offending in the future. Moreover, their pun-
was one of the most prominent 18th-century intel- ishment must be swift in order to deter crime. The
lectuals on crime. In 1780, he published An Intro- closer the application of punishment is to the com-
duction to the Principles of Morals and Legislation, mission of the offense, the greater the likelihood that
whereby he proclaimed his famous principle of util- offenders will realize that crime does not pay.
ity. He argued that nature has placed mankind In short, deterrence theorists believe that if
under the governance of two sovereign masters, punishment is severe, certain, and swift, a rational
pain and pleasure (Bentham, 1948, p. 125). person will measure the gains and losses before
Bentham believed that morality is that which pro- engaging in crime and will be deterred from vio-
motes the greatest happiness of the greatest lating the law if the loss is greater than the gain.
number (Moyer, 2001, p. 26) a phrase that was Classical philosophers thought that certainty is
also common to Beccaria. The duty of the state in more effective in preventing crimes than the sever-
Benthams view was to promote the happiness of ity of punishment. They rejected torture as a means
the society, by punishing and rewarding (Bentham, of eliciting confessions, and the death penalty as
1948, p. 189). an effective method for punishing murderers and
Like Beccaria in Italy, Bentham was troubled perpetrators of other serious crimes. Capital punish-
by the arbitrary imposition of punishment and the ment is beyond the just powers of the state.
236Deterrence Theory