Defiance, Deterrence, and Irrelevance: A Theory of the Criminal Sanction

Abstract

Increasing evidence shows great diversity in the effects of the criminal sanction. Legal punishment either reduces, increases, or has no effect on future crimes, depending on the type of offenders, offenses, social settings, and levels of analysis. A theory of “defiance” helps explain the conditions under which punishment increases crime. Procedural justice (fairness or legitimacy) of experienced punishment is essential for the acknowledgment of shame, which conditions deterrence; punishment perceived as unjust can lead to unacknowledged shame and defiant pride that increases future crime. Both “specific” defiance by individuals and “general” defiance by collectivities results from punishment perceived as unfair or excessive, unless deterrent effects counterbalance defiance and render the net effect of sanctions irrelevant. By implication, crime might be reduced more by police and courts treating all citizens with fairness and respect than by increasing punishments. A variety of research designs can be used to test, refine, or reject the theory.

Legal Socialization of Children and Adolescents

“…It communicates to participants directly and vicariously to people in contact with other participants in legal interactions that laws are both legitimate and moral. Fair treatment also may reduce feelings of anger that lead to rule breaking (Agnew, 1992(Agnew, , 1994Sherman, 1993). It strengthens ties to the law, a pivotal antecedent of delinquency (Hirschi, 1969).…”

“…Rather, we assume that these experiences carry with them an affective or emotional component that animates views about the legitimacy of the law, cynicism toward it, or a disengagement from the law's moral underpinnings. While fair treatment may enhance evaluations of the law, poor treatment may arouse negative reactions or even anger leading to defiance of the law's norms (Paternoster et al, 1997;Sherman, 1993). This would suggest that procedural justice exerts both direct effects on compliance with the law as well as indirect effects by shaping evaluations of the law's legitimacy.…”

Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

“…A failure to treat people fairly and respectfully can lead to feelings of anger, shame, denial, aggression and feeling justified in 'lashing out' at others, especially amongst those from individualistic orientated cultures (Butler & Maruna, 2009;Katz, 1988;Miller, 2001;Scheff 2002). According to defiance theory, those who perceive they have been dealt with unfairly, disrespectfully or in a stigmatizing manner and do not feel bonded to society are especially likely to react with defiance or indifference to sanctions (see Bouffard & Piquero, 2010;Sherman, 1993;1995). These dynamics can be magnified in an environment like the prison (Pfundmair et al 2015).…”

“Soft” policing at hot spots—do police community support officers work? A randomized controlled trial

“…These small pieces of land-street segments, intersections, city blocks or unique addresses-account for much of the crime in any city described in published research to date. This phenomenon has led to the discovery of what is called a Blaw of concentration of crime in place^ (Weisburd 2015;Weisburd & Amram 2014;Weisburd et al 2010, p. 16), or what might be termed the criminal careers of places (Sherman 1993(Sherman , 2007; see also Sherman et al 1989).…”