The Limits of the Criminal Sanction
About: This article is published in Sociology.The article was published on 1970-05-01. It has received 378 citations till now.
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TL;DR: In this article, an issue-contingent model containing a new set of variables called moral intensity was proposed, and the authors argue that moral intensity influences every component of moral decision making and behavior.
Abstract: Existing theoretical models of individual ethical decision making in organizations place little or no emphasis on characteristics of the ethical issue itself. This article (a) proposes an issue-contingent model containing a new set of variables called moral intensity; (b) using concepts, theory, and evidence derived largely from social psychology, argues that moral intensity influences every component of moral decision making and behavior; (c) offers four research propositions: and (d) discusses implications of the theory.
3,540 citations
Cites background from "The Limits of the Criminal Sanction..."
...One of the functions of penalties in criminal law is retribution (Packer, 1968), and the extent of retribution is often proportional to the evil perpetrated....
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TL;DR: The evidence in support of the deterrent effect of the certainty of punishment is far more consistent than that for the severity of punishment as mentioned in this paper, however, the evidence in supporting certainty's effect pertains almost exclusively to apprehension probability.
Abstract: The evidence in support of the deterrent effect of the certainty of punishment is far more consistent than that for the severity of punishment However, the evidence in support of certainty’s effect pertains almost exclusively to apprehension probability Consequently, the more precise statement is that certainty of apprehension, not the severity of the ensuing legal consequence, is the more effective deterrent This conclusion has important policy implications among which are that lengthy prison sentences and mandatory minimum sentencing cannot be justified on deterrence There are four major research gaps The first concerns the mechanism by which police affect perceptions of the probability of apprehension The second concerns the inextricable link between the deterrent effect of the threat of punishment and the potentially criminogenic effect of the experience of punishment The third concerns the concept of a sanction regime defined by the sanctions legally available and how that legal author
432 citations
Cites background from "The Limits of the Criminal Sanction..."
...…unnecessary for most people; their decisions to refrain from crime are based on the mere knowledge that the behavior is legally prohibited or for other nonlegal considerations such as morality or fear of social censure (Packer 1968; Zimring and Hawkins 1973; Andenaes 1974; Wikström et al. 2012)....
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TL;DR: In this paper, a simple "realistic" model of threat communication can be outlined that yields deterrence-like effects, even though no one is involved in the decision making process.
Abstract: Deterrence theory has been developed primarily by economists, who have viewed potential criminals as rational decision-makers faced with an array of illicit opportunities characterized by costs (time, possible adverse legal consequences, and so forth) and payoffs. The crime decision is thus characterized in a way that fits the well-developed theoretical framework of decision-making under uncertainty. Herbert Simon and others have questioned the descriptive accuracy of this theory, and are beginning to uncover systematic patterns in decision-making that violate the predictions of the economic theory: this work could usefully be incorporated into the crime choice framework. One of the most important issues for further research in this area is the way in which potential criminals acquire information about criminal opportunities and the effectiveness of the criminal justice system. A simple "realistic" model of threat communication can be outlined that yields deterrence-like effects, even though no one is wel...
282 citations
Journal Article•
188 citations
TL;DR: In both courts, a simple heuristic proved to be a better predictor of judicial decisions than a more complex model that instantiated the principles of due process.
Abstract: People are often expected to make decisions based on all of the relevant information, weighted and combined appropriately. Under many conditions, however, people use heuristic strategies that depart from this ideal. I tested the ability of two models to predict bail decisions made by judges in two courts. In both courts, a simple heuristic proved to be a better predictor of judicial decisions than a more complex model that instantiated the principles of due process. Specifically, judges were "passing the buck" because they relied on decisions made by the police, prosecution, and previous bench. Problematically, these earlier decisions were not significantly related to case characteristics. These findings have implications for the types of models researchers use to capture professional decision-making policies.
187 citations
Cites background from "The Limits of the Criminal Sanction..."
...176 VOL. 14, NO. 2, MARCH 2003 and combine it, so that, for example, an initial leaning toward a verdict of guilt can be altered by evidence indicating innocence (Packer, 1968)....
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References
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TL;DR: In this article, an issue-contingent model containing a new set of variables called moral intensity was proposed, and the authors argue that moral intensity influences every component of moral decision making and behavior.
Abstract: Existing theoretical models of individual ethical decision making in organizations place little or no emphasis on characteristics of the ethical issue itself. This article (a) proposes an issue-contingent model containing a new set of variables called moral intensity; (b) using concepts, theory, and evidence derived largely from social psychology, argues that moral intensity influences every component of moral decision making and behavior; (c) offers four research propositions: and (d) discusses implications of the theory.
3,540 citations
TL;DR: The evidence in support of the deterrent effect of the certainty of punishment is far more consistent than that for the severity of punishment as mentioned in this paper, however, the evidence in supporting certainty's effect pertains almost exclusively to apprehension probability.
Abstract: The evidence in support of the deterrent effect of the certainty of punishment is far more consistent than that for the severity of punishment However, the evidence in support of certainty’s effect pertains almost exclusively to apprehension probability Consequently, the more precise statement is that certainty of apprehension, not the severity of the ensuing legal consequence, is the more effective deterrent This conclusion has important policy implications among which are that lengthy prison sentences and mandatory minimum sentencing cannot be justified on deterrence There are four major research gaps The first concerns the mechanism by which police affect perceptions of the probability of apprehension The second concerns the inextricable link between the deterrent effect of the threat of punishment and the potentially criminogenic effect of the experience of punishment The third concerns the concept of a sanction regime defined by the sanctions legally available and how that legal author
432 citations
TL;DR: In this paper, a simple "realistic" model of threat communication can be outlined that yields deterrence-like effects, even though no one is involved in the decision making process.
Abstract: Deterrence theory has been developed primarily by economists, who have viewed potential criminals as rational decision-makers faced with an array of illicit opportunities characterized by costs (time, possible adverse legal consequences, and so forth) and payoffs. The crime decision is thus characterized in a way that fits the well-developed theoretical framework of decision-making under uncertainty. Herbert Simon and others have questioned the descriptive accuracy of this theory, and are beginning to uncover systematic patterns in decision-making that violate the predictions of the economic theory: this work could usefully be incorporated into the crime choice framework. One of the most important issues for further research in this area is the way in which potential criminals acquire information about criminal opportunities and the effectiveness of the criminal justice system. A simple "realistic" model of threat communication can be outlined that yields deterrence-like effects, even though no one is wel...
282 citations
Journal Article•
188 citations
TL;DR: In both courts, a simple heuristic proved to be a better predictor of judicial decisions than a more complex model that instantiated the principles of due process.
Abstract: People are often expected to make decisions based on all of the relevant information, weighted and combined appropriately. Under many conditions, however, people use heuristic strategies that depart from this ideal. I tested the ability of two models to predict bail decisions made by judges in two courts. In both courts, a simple heuristic proved to be a better predictor of judicial decisions than a more complex model that instantiated the principles of due process. Specifically, judges were "passing the buck" because they relied on decisions made by the police, prosecution, and previous bench. Problematically, these earlier decisions were not significantly related to case characteristics. These findings have implications for the types of models researchers use to capture professional decision-making policies.
187 citations