General Deterrence Research Articles

Criminal Measures Against Offenders of Environmental Pollution Crimes in Iraq After 2003

A major challenge in the protection of the Iraqi environment from pollution is the difficulty of determining the perpetrator’s criminal responsibility for environmental pollution crimes. As such, there must be a set of legal procedures and punishments to combat environmental pollution crimes. Fixed legal procedures must be followed after a crime is detected and it should include investigations, arrests, court trials and enforcement of the punishment if the perpetrator is found guilty. The Iraqi legislative authority has acknowledged the perils of environmental pollution through the issuance of procedures and laws for the protection and control of the environment. These laws have made the punishments for the offenders more severe in order to serve as a general and private deterrent in order to remove the consequences of violation of the environment and restore the situation. This paper deliberated on the concept of public criminal responsibility in conformity with the Iraqi Penal Code Law No. 111 of 1969, the Iraqi Protection and Improvement of the Environment Act, Law No. 27 of 2009 as well as determined the offender’s criminal responsibility for offenses under the aforementioned laws. Also, there is a statement of the damage the U.S. occupation has inflicted upon Iraq including the pollution of the environment caused by the use of internationally forbidden weapons in 2003. On this matter, the qualitative research method was adopted as this method involves both primary and secondary sources. As such, people from the judiciary and academia who were involved in criminal law were personally interviewed. This study discovered that there are several legal issues and constraints and they are linked to weaknesses of Iraqi laws for the protection of the environment. On top of that, the many sources of environmental protection in Iraq has slowed down the rectification of the constraints and this in turn has significantly affected the determination of the offenders’ responsibilities for environmental pollution crimes.

Calibrating Student Perceptions of Punishment: a Specific Test of General Deterrence

General deterrence theory assumes objective risks of punishment and citizens’ perceptions of punishment risks are closely calibrated. Yet little empirical attention has been devoted to testing this assumption. Of the few studies that exist, most have tested the calibration with county-level indicators of objective punishment risk. This strategy has been criticized for being too far removed from the individual citizen: why should we expect citizens to know the punishment risks in such a large geographic unit? We estimated the calibration between objective punishment levels and individuals’ perceptions of those punishment levels by analyzing data drawn from a large sample of students (n = 11,085) from 44 schools in Ohio. Multi-level models found the calibration between objective punishment and students’ perceptions is weak and not statistically significant. More than half of our calibration estimates were in the wrong direction (i.e., they were negative) and results from interaction tests did not indicate that the calibration is any stronger among those with the highest levels of self-reported offending. We discuss the implications of these findings for policies rooted in general deterrence theory.

Effect of Gang Injunctions on Crime: A Study of Los Angeles from 1988–2014

To assess the effect of civil gang injunctions on crime. We use data on the location and date of 46 gang injunctions between 1993 and 2013 and quarterly crimes reported to the Los Angeles Police Department (LAPD) from 1988 to 2014. We estimate the effect of gang injunctions on crime over the short-term (20 quarters) and long-term (108 quarters) using difference-in-differences designs that take into account spatial and temporal correlation. Three gang injunctions were paused during the study period and provide a natural experiment from which we estimate the short-term effect of these injunctions on crime. Gang injunctions are estimated to reduce total crime 5% in the short-term and 18% in the long-term, most of the effect coming from reductions in assaults. Analyses of the three interrupted injunctions yielded estimates of similar magnitude, providing further support of a crime reduction effect of gang injunctions. We found no evidence that gang injunctions are associated with displacing crime to nearby areas. Injunctions represent a powerful place-based intervention strategy for police and prosecutors. Courts have recently subjected gang injunctions to closer scrutiny. This study indicates that gang injunctions contributed to a meaningful amount of the crime reductions in Los Angeles. Future research should examine whether gang injunctions reduce crime by specific deterrent effects on individual gang members or by the general deterrent effect of placing an area under greater police surveillance and restricting public gatherings and other actions deemed to be indicators of gang activity.

Evaluating the explanatory power of theoretical frameworks on intention to comply with information security policies in higher education

Higher education institutions have invested heavily in their high-tech infrastructure to ensure the security and integrity of their information. Incompliance with information technology policies has shown to lead to mass information leaks, reputational damage and potential litigation. Little research has been conducted on the subject of employees’ compliance with such sensitive protocols. This paper presents a comprehensive theoretical model based on Theory of Planned Behavior, Protection Motivation Theory, General Deterrence Theory and Organizational Theory for predicting intentions of higher education employees' compliance with information security policies. Utilizing a survey instrument and using Structural Equation Modeling-Partial Least Squares method, this study found that perceived vulnerability, response efficacy and response cost to be the most predictive indicators that are positively associated with intentions of information security compliance among university staff and faculty. But, little support was found for the General Deterrence Theory, Theory of Planned Behavior and Organizational Theory in explaining the variance of higher education staff intentions to comply with information security policies. Results indicated that the Protection Motivation Theory provides the best theoretical framework to understand higher education employees’ behavior with respect to compliance with information security. Such results confirmed earlier empirical investigations attempting to understand the basic question of why do employees differ with respect to compliance with information security. Consistent with the prior research, severe sanctions, close management supervision, peers’ pressure and attitudes towards information security do not matter as much as perceived vulnerability and response efficacy in ensuring higher levels of intentions to comply with ISPs in organizations. The study recommends universities and colleges to invest in applied information security training for their staff, as well as for the university overall community.

Leveraged enforcement under the EPA’s High Priority Violation Policy

In the environmental enforcement literature, leveraged enforcement is an important theoretical model in which firms with current violations are targeted with intensive inspections and sanctions in the future. This paper examines the effects of leveraged enforcement on facility compliance and the differential deterrence effects of enforcement. We focus on the Environmental Protection Agency’s High Priority Violation (HPV) Policy, which represents leveraged enforcement in the regulations of air pollution in the USA. We estimate dynamic panel data models using 8755 major manufacturing facilities in the USA from 2001 to 2010. Our results suggest that being classified as an HPV facility can have significant and positive effects on compliance. We also find general deterrence effects such that a given facility’s compliance rate rises with fines on HPV facilities within the same state. However, the deterrence effects of enforcement differ by HPV status. HPV facilities on average are less responsive to additional enforcement on itself and other facilities.

Life-sentenced juveniles: Public perceptions of risk and need for incarceration.

Pursuant to recent United States Supreme Court decisions in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), individuals convicted of crimes committed when they were younger than 18 and for which they received mandatory life sentences are entitled to new sentencing hearings. This study examined public perceptions of such individuals (life-sentenced juveniles, or LSJs). Study participants were 663 adults (52.3% male) ages 22-71years (M=36.00, SD=11.46) recruited using Amazon Mechanical Turk (MTurk). Each participant received one of a possible four vignettes about a man who was incarcerated for a crime that occurred when he was 17years old and subsequently sentenced to mandatory life in prison following conviction. Two variables (risk of harming others if released to the community, and circumstances of the crime) were manipulated in a 2×2 between-subjects design. Each participant read one vignette and then answered questions relating to appropriateness for release from prison. Results indicate that risk, but not circumstances of the crime, strongly influenced participants' views regarding resentencing. When the individual in the vignette was labeled as high risk, participants described him as less appropriate for release, more deserving of punishment, needing more rehabilitation, and more appropriate for specific and general deterrence. The circumstances of the crime had no effect on participants' responses. This may be important for various reasons, as applicable law does not explicitly identify risk as a consideration in juvenile resentencing. The nonetheless noteworthy empirical influence of risk on perceptions regarding LSJs is discussed in their implications for research, policy, and practice.

The effects of ICT use and ICT Laws on corruption: A general deterrence theory perspective

Investigations of white collar crimes such as corruption are often hindered by the lack of information or physical evidence. Information and communication technologies (ICT), by virtue of their ability to monitor, track, record, analyze, and share vast amounts of information may help countries identify and prosecute criminals, and deter future corruption. While prior studies have demonstrated that ICT is an important tool in reducing corruption at the country level, they provide little explanation as to how ICT influences corruption and when does it work best. We explore these gaps in the literature using the hypothetico-deductive approach to research, by using general deterrence theory to postulate a series of main and moderating effects relating ICT use and corruption, and then testing those effects using secondary data analysis. Our analysis suggests that ICT use influences corruption by increasing the certainty and celerity of punishment related to corruption. Moreover, ICT laws moderate the effect of ICT use on corruption, suggesting that ICT investments may have limited effect on corruption, unless complemented with appropriate ICT laws. Implications of our findings for research and practice are discussed.

Incapacitation, Reintegration, and Limited General Deterrence

The aim of this article is to set out a theory for treatment of criminals that (1) rejects retributive justification for punishment; (2) does not fall afoul of a plausible prohibition on using people merely as means; and (3) actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized the quarantine analogy for incapacitation together with the value of rehabilitation and reintegration. Here I pay special attention to the permissibility and the limits of general deterrence.

Juvenile Registration and Notification Policies Fail to Prevent First-Time Sexual Offenses: An Extension of Findings to Two New States

This study evaluated the effects of Maryland and Oregon juvenile sex offender registration and notification policies on first-time sexual offense charges and adjudications. We used autoregressive modeling to compare the monthly average of first-time sexual offense charges ( N = 5,657 and 13,278 for Maryland and Oregon, respectively) and adjudications ( N = 1,631 and 5,451 for Maryland and Oregon, respectively) across pre- and post-policy years. Results indicate that neither state’s registration policy had any impact on first-time sexual offense charges or adjudications and are consistent with prior studies evaluating the juvenile registration and notification policies of four other states. The absence of general deterrence effects across three studies evaluating six state registration policies suggests that, regardless of specific policy characteristics, juvenile registration and notification policies fail to improve community safety via deterring first-time sexual offenses among children. Recommendations include replacing juvenile registration policies with more effective prevention and intervention practices.

Assessing the gang-level and community-level effects of the Philadelphia Focused Deterrence strategy

Violence reduction initiatives based on focused deterrence strategies have gained attention in recent years due to their empirical support. The evaluations have generally assessed the impact of this intervention on trends in gun violence at the aggregate level, but not at the gang level. The current study evaluates both the community- and gang-level impacts of the Philadelphia Focused Deterrence strategy. The intervention was assessed using a quasi-experimental design that measured trends in shootings over a twelve-year period, including two years after the implementation of the initiative. Propensity scoring and matching techniques were used to match neighborhoods and gangs, and a number of regression models were run to assess impact. Although a statistically significant reduction in total shootings across the treated neighborhoods was observed when compared to matched neighborhoods, the findings at the gang level were mixed. Models comparing shootings around gang territories showed significant reductions when compared to shootings around the territories of matched gangs, but pre-post-only models of treated gangs using the more rigorous measure of gang-involved shootings did not show evidence of impact. The findings suggest that focused deterrence may provide a mechanism for general deterrence among a broad pool of potential offenders. Specifically, violent gangs, even when targeted, may not be affected similarly for a variety of reasons. To better understand who is receiving the deterrence message and responding to it, future evaluations of focused deterrence strategies, when assessing impact, should include measures of the dosage of the message and other components relative to individuals and their groups.

The Significance of Main Constructs of Theory of Planned Behavior in Recent Information Security Policy Compliance Behavior Study: A Comparison among Top Three Behavioral Theories

For a decade since year of 2000 until 2010, Theory of Planned Behavior [TPB] and its main construct of Attitude, Normative belief and Self-efficacy have been considered as a significant theory and factors in the area ISP compliance behaviour study. However, there are still some questions exist particularly on to what extent this theory is significant in recent studies compared to other competing theories. This paper presents a comparison on main constructs of top three behavioral theories in predicting and explaining the recent ISP compliance studies. The studies on ISP compliance published from 2010 until 2016 will be used to analyse the significance of this TPB compared to General Deterrence Theory [GDT] and Protection Motivation Theory [PMT]. Criteria of comparisons are based on the significance of main constructs towards dependent variable and the comprehensiveness of a theory’s main constructs usage in a research model from the selected studies. The results have confirmed that TPB is still relevant as the most significant in the area of ISP compliance study and its main constructs are the strongest predictors of dependent variables in most of ISP compliance models compare to GDT and PMT. This paper provides a clear status on the significance of TPB and its main constructs of Attitude, Normative belief and Self-efficacy in predicting and explaining ISP compliance behavior in recent studies. It could be used by academicians as references for statistical evidences on the comparison of the top behavioral theories.

Sanction severity and employees’ information security policy compliance: Investigating mediating, moderating, and control variables

Information security policy (ISP) plays a critical role in information systems security management. Past research using General Deterrence Theory (GDT) on employees’ compliance intention (CI) with ISP produced mixed results. We use survey data to investigate how other factors influence the relationship between sanction severity and employees’ CI. The results show that none of the investigated moderating variables interacts with sanction severity on employees’ ISP compliance intentions. However, the significant impact of sanction severity on employees’ ISP CI disappears when the investigated variables are included, and the impact of sanction severity is mediated by perceived efficacy and descriptive norm.

Community Awareness of Patron Banning in Australia: a Brief Report

Patron banning involves banning individuals who engage in problematic behaviour in night time entertainment precincts from certain areas. Patron banning is used in most jurisdictions within Australia despite a lack of evidence regarding its effectiveness. To have an impact, patron banning should act as a deterrent for problematic behaviour at a range of licenced premises (individual and general deterrence), as well as constituting as an immediate punishment which prevents future problem behaviours at the establishment(s) from which an individual has been banned (incapacitation). However, for deterrence to occur, the general public must be aware of the existence and basic functions of patron banning. Therefore, the aim of this study is to determine the level of public awareness of patron banning and its use. One hundred seventy-two participants anonymously completed an online questionnaire, comprising two sections: (1) demographic information and (2) participant’s awareness, understanding, and previous experience with patron banning. The majority of participants indicated being aware of patron banning, but most did not know any details about it. The results of this study indicate that while individuals are aware that banning powers exist, they are less aware of how these powers are used in practice. In this way, patron banning fails to fulfil the requirements of a general deterrent. Given its expanding use, further research is needed to determine if patron banning does affect the behaviour of those receiving bans and of the community more generally.

Can You Build a Better Cop?

Research SummaryBy drawing from psychology and economics, we present an experimental evaluation of a procedural justice training program designed to “slow down” police officers’ thought processes during citizen encounters. We find that officers who were randomly assigned to participate in training were as engaged in the community as similarly situated officers, but they were less likely to resolve incidents with an arrest or to be involved in incidents where force was used. These changes were most evident among officers who worked in areas with a modest level of risk.Policy ImplicationsPolice officers who are actively engaged with the public can reduce crime through general deterrence and by arresting criminals. Nevertheless, excessive discretionary arrests and the use of force by officers can reduce public trust in the police. To date, there is scant evidence as to how police departments can successfully train officers to balance enforcement and public trust in the field. Through our study, we demonstrate that a relatively minor supervisory intervention may cause substantive changes in how police and citizens interact with each other.

Are Current U.S. Extended Deterrence Approaches Sustainable?

Are Current U.S. Extended Deterrence Approaches Sustainable? Zack Cooper (bio) Terence Roehrig’s Japan, South Korea, and the United States Nuclear Umbrella: Deterrence After the Cold War is a timely addition to the literature on extended deterrence in Northeast Asia. This book is particularly relevant today given that rapidly advancing Chinese and North Korean military capabilities are raising concerns about the viability of U.S. security commitments to Japan and South Korea. Japan, South Korea, and the United States Nuclear Umbrella provides a valuable historical and theoretical primer for scholars and policymakers reassessing U.S. extended deterrence commitments. Roehrig begins by examining the basics of deterrence theory and discussing the challenges of extending deterrence—nuclear or otherwise—to one’s allies. This summary is clear and concise, differentiating primary deterrence from extended deterrence, immediate deterrence from general deterrence, and symmetric deterrence from asymmetric deterrence. Roehrig also unpacks some of the foundational assumptions of deterrence theory, including rationality and credibility. He then explains how the United States attempted to apply extended deterrence in East Asia during the Cold War. After reviewing the historical record, Roehrig pivots to the modern day and assesses evolving Chinese and North Korean military capabilities, which represent the primary deterrence concerns for the United States and its allies in East Asia. He effectively highlights the fact that the two U.S. allies in Northeast Asia prioritize these threats differently, with Japanese leaders tending to focus primarily on China and South Korean leaders emphasizing North Korea. Perhaps Roehrig’s most valuable contributions are the book’s fourth and fifth chapters, which concisely summarize the extended deterrence relationships between the United States and Japan and South Korea, respectively. With mounting threats from China and North Korea, extended deterrence dilemmas are drawing greater attention from leaders in all three countries. These chapters provide tidy histories of the evolution of these extended deterrence relationships from the perspectives of Washington, [End Page 140] Tokyo, and Seoul and should be required reading for policymakers considering changes to extended deterrence arrangements. The final two chapters evaluate U.S. extended deterrence and then draw implications for today. These chapters make several core arguments. First, “the nuclear umbrella likely does little to deter anything other than nuclear war” (p. 187). Roehrig does not believe that U.S. extended deterrence threats to use nuclear weapons in response to non-nuclear attacks are credible. As a result, he favors the use of “precise, lethal conventional options” rather than nuclear weapons to “achieve similar strategic effects against North Korea as well as China” (p. 189). Nevertheless, “given the overwhelming power of nuclear weapons, an uncertain umbrella retains value as a deterrent” (p. 193). As a result, Roehrig concludes that “despite these concerns, the nuclear umbrella will be ‘good enough’ when it is part of a strong, credible alliance” (p. 197). Supporters of current U.S. extended deterrence policies will find themselves reassured by this conclusion. There is much to commend in Roehrig’s appraisal of the choices facing leaders in Washington, Tokyo, and Seoul. Yet three limitations remain. First, the book would benefit from an original theoretical construct that could weave together its various elements. Second, Roehrig may be overly optimistic about the sustainability of current U.S. extended deterrence arrangements. Third, as a result of the first two limitations, the book may leave readers searching for tangible suggestions about how to enhance extended deterrence. Each of these issues is addressed in turn below. First, although Roehrig’s synthesis of theory and history is detailed and insightful, Japan, South Korea, and the United States Nuclear Umbrella lacks a central puzzle or novel theoretical argument, which limits its contribution to the existing literature. Not all books require a new puzzle or theoretical construct, but treatments without these elements risk restating conventional views. At the outset, Roehrig notes that “the central argument of this book is that the United States does indeed possess a nuclear umbrella that has the capability to protect its allies with nuclear weapons should deterrence fail” (p. 9). This assertion is largely in line with conventional views. Thus, the book may be more appealing as a theoretical and historical primer than for more novel contributions. Second...

Threat, Deterrence, and Penal Severity: An Analysis of Flogging in the Royal Navy, 1740–1820

Perceived threats to established social order can influence the willingness of those in authority to inflict punishments as well as the severity of those punishments. Our article explores that proposition in the case of summary punishment by flogging in the Royal Navy. In the Royal Navy commanders were given the power to inflict flogging for a host of offenses. Prevailing penal thinking emphasized general deterrence, whereby punishment of a few serious offenders would deter the body of seamen. Eighteenth-century reforms were intended to rationalize and normalize flogging and limit its severity. Qualitative evidence indicates that naval commanders saw the established order under attack after 1789 and, emphasizing moral offenses, imposed tighter discipline on their crews. The evidence we have assembled based on a randomly selected sample of ships between 1740 and 1820 shows that flogging aboard ships was moderate up until the “Age of Revolution” that began after 1789 but increased dramatically in its frequency and severity in the wake of the French Revolution. Multivariate analysis shows that greater penal severity is associated with several factors, including a period effect associated with the onset of the revolutionary age. Our findings are consistent with existing research that suggests that disorder influences the willingness to punish.

Examining the Application of Deterrence in Sentencing in Malawi

This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play in the constitutional era. The paper looks at how it is reflected in the treatment of sentencing factors and influences sentencing policy. It also considers how courts have conceptualised the distinction between specific and general deterrence regarding the principle of proportionality and repeat offenders. The paper concludes with a discussion of an emerging attempt to go beyond deterrence towards giving rehabilitation a greater role in sentencing.
 

Examining the Application of Deterrence in Sentencing in Malawi

This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play in the constitutional era. The paper looks at how it is reflected in the treatment of sentencing factors and influences sentencing policy. It also considers how courts have conceptualised the distinction between specific and general deterrence regarding the principle of proportionality and repeat offenders. The paper concludes with a discussion of an emerging attempt to go beyond deterrence towards giving rehabilitation a greater role in sentencing.
 

Fengsel eller frihet: Noe om reaksjonsvalg i norsk strafferett

The grounds for a given society's punishment of offenders has a long history of discussion. In Norway, deterrence is seen as the basis for the criminal justice system - both in general and as a guide in choosing between types of punishment in concrete cases. General deterrence theory suggests that people might abstain from crime either because of an assessment of its potential risks or because the use of punishment leads to a general habit of obeying the law - and that people rest assured that justice is done, leading to a sense of safety in society. If a person charged has made a complete confession, the court shall take this into account when passing sentence. The rule is designed to encourage the guilty to confess, but it is possible that innocent defendants are sometimes tempted to confess in order to avoid harsher punishments.When a fine is imposed, a sentence of imprisonment is executed if the fine is not paid on time. The authorities begin by trying to get the money from the defendant's legal assets. Seventy-seven percent of the defendants who are supposed to go to prison pay the fine. Does the money come from friends and relatives or from crime?In 2010, the punishments for several types of crime were increased. Given the theory of deterrence, it would be reasonable to assume that legislators hoped that longer sentences would lead to less crime. Yet when assessing the need for more prisons, there is no discussion of the value of deterrence. The theory of general deterrence is also applied in concerete cases. In certain types of cases there are established guidelines for when to apply prison. Nonetheless, general deterrence has been given different weight in comparable areas, e.g. fraud against insurance companies versus fraud against the social services. Certain rules concerning the rights of the convict are based on the kind of punishment (prison or not) that was meted out, e.g. the right to inheritance or insurance. Since a defendant's personal situation can have a considerable bearing on punishment, I question whether the rules should be more flexible.

Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia

In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentences and jurors who represent the community. A total of 987 Australian jurors in the Victorian Jury Sentencing Study (2013–2015) were asked to sentence the offender in their trial and to choose the purpose that best justified the sentence. The judges’ sentencing remarks were coded and the results were compared with the jurors’ surveys. The research shows that, in this jurisdiction, the views of the judges, the jurors and the legislators are not always well aligned. Judges relied on general deterrence much more than jurors and jurors selected incapacitation as the primary purpose in only about a fifth of ‘serious offender’ cases where parliament has provided that community protection must be the principal purpose.