Deterrence as a Distributive Principle
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.
deterrence, punishment, criminal liability, deterrent effect, criminal law
Distruptive Principles of Criminal Law: Who Should be Punished How Much
Robinson, Paul, "Deterrence as a Distributive Principle" (2008). Book Chapters. 127.