Deterrence as a Distributive Principle
Document Type
Book Chapter
Publication Date
9-25-2008
Abstract
This chapter examines deterrence as a distributive principle. It argues that a deterrence-based distribution potentially can forfeit any crime-control gains when that distribution undermines the system's moral credibility with the community it governs. That is, even if one assumes for the sake of argument that there would be some greater deterrent effect of a deterrence-based distribution of punishment over a desert-based distribution of punishment, one would still question whether this marginal benefit exceeds the losses that the use of a deterrence-based system would incur.
Keywords
deterrence, punishment, criminal liability, deterrent effect, criminal law
Publication Title
Distributive Principles of Criminal Law: Who Should be Punished How Much
Repository Citation
Robinson, Paul, "Deterrence as a Distributive Principle" (2008). Book Chapters. 127.
https://scholarship.law.upenn.edu/faculty_chapters/127
https://doi.org/10.1093/acprof:oso/9780195365757.003.0004
DOI
https://doi.org/10.1093/acprof:oso/9780195365757.003.0004