Overdeterrence, Underdeterrence, and a (Half-Hearted) Call for a Scarlet Letter Approach to Deterring Campaign Finance Violations

Lochner, Todd

doi:10.1089/153312903321139004

Cited by 4 publications

(5 citation statements)

References 9 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Deterrence theory offers the requirement of a heightened level of appreciation that not only is someone observing our behavior but that the observing entity will punish us for transgressions. At a high level of abstraction, there is ample evidence that the perceived certainty of punishment is causally associated with less rule-breaking (Ariel and Partridge 2016;Bushway and Reuter 2008;Lochner 2003;Loughran et al 2012;McCord and Conway 2002;Nagin 2013a;Nagin 2013b;Paternoster 2010;Pratt et al 2006;but cf. Berk and MacDonald 2010;Tonry 2008;Wikström and Treiber 2007).…”

Section: Theoretical Frameworkmentioning

confidence: 99%

Paradoxical effects of self-awareness of being observed: testing the effect of police body-worn cameras on assaults and aggression against officers

et al. 2017

View full text Add to dashboard Cite

Objectives Recently, scholars have applied self-awareness theory to explain why bodyworn cameras (BWCs) affect encounters between the public and police, with its most immediate manifestation being a reduction in the use of force by and complaints against police. In this study, we report on the paradoxical effects of BWCs in the context of assaults on officers. Methods A multisite randomized controlled trial in ten departments, with officers wearing (or not wearing) BWCs based on random assignment of shifts. Odds ratios are used to estimate the treatment effect on assaults, along with Bone study removedŝ ensitivity analyses. Further subgroup analyses are performed in terms of varying degrees of officers' discretion, to enhance the practical applications of this multisite experiment. Finally, before-analyses are applied as well, control shifts (M = 28.38; SD = 15.99), which translate into 37% higher odds of assault in treatment shifts than in control conditions. The perverse direction and relative magnitude in each experimental site in eight out of ten sites were consistent. The backfiring treatment effect was substantially more pronounced in low discretion sites, i.e., where officers strongly followed the experimental protocol (OR = 2.565; 95% CI 1.792, 3.672). At the same time, before-after analyses show that assaults were overall reduced by 61% in the participating police departments, thus suggesting paradoxical effects.Conclusions We explain these findings using self-awareness theory. Once self-aware that their performance is being observed by BWCs, officers become at risk of being assaulted. Results suggest that under some circumstances, self-awareness can lead to excessive self-inspection that strips power-holders of their ability to function under extreme situations. This mechanism is potentially a function of Bover-deterrence^. The study further demonstrates the benefits of applying psychosocial theories to the study of social control and deterrence theories more broadly, with a robust and falsifiable mechanism that explains the conditions under which being observed stimulates either appropriate or perverse consequences.

show abstract

Section: Theoretical Frameworkmentioning

confidence: 99%

Paradoxical effects of self-awareness of being observed: testing the effect of police body-worn cameras on assaults and aggression against officers

et al. 2017

View full text Add to dashboard Cite

show abstract

“…Consider first the results in Table 6. Two results in particular point to possible "overdeterrence" issues-an outcome not specifically predicted in my hypotheses, but a common charge leveled at the Commission (Lochner 2003). Salisbury (2002), for example, notes that "the historical reputation of the Commission [is] as a 'nit picker'" (p. 131).…”

Section: Locating Respondent Biasmentioning

confidence: 78%

“…Such "tweaking" is of a piece with others' recommendations. For example, Todd Lochner (2003) proposes a "scarlet letter" approach to FEC infractions, which would allow the FEC to use local media to advertise election law violators. He recommends little else by way of drastic restructuring.…”

Section: Discussionmentioning

confidence: 99%

“…The FEC has also inspired fascinating analogies. Todd Lochner (2003) writes: "the Federal Election Commission has been characterized as a toothless tiger institutionally incapable and wholly unwilling to enforce the Federal Election Campaign Act, but others claim it is toothless like an anaconda whose overzealous prosecution of innocent third parties strangles the life from First Amendment freedoms." Scott Thomas and Jeffrey Bowman (2000) note also that the FEC has been called "a lapdog," "a selflicking ice cream cone," and "nuts."…”

Section: Franz 168mentioning

confidence: 99%

“…Unfortunately, though, time efficiency is an important indicator of an enforcement process that works. Lochner (2003) writes, "Theoretically, a large fine might provide a strong measure of deterrence if it were levied shortly before an election in a way that significantly depleted a candidate's war chest or prevented a PAC from making a timely contribution to a favored candidate. In reality, however, the time lag between detection of a possible infraction and the punishment imposed-to say nothing of the time lag between commission of an infraction and its detection-is quite large" (p. 5).…”

Section: Assessing Structural Reformmentioning

confidence: 99%

See 2 more Smart Citations