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by brutusborn 1093 days ago
It can be justified in a deterministic universe because it makes criminals less likely to commit crime in future.

As a recipient of punitive justice myself, being punished had a tangible effect on how I thought about crime and thus how I behaved post-punishment. Whether you believe that was deterministic or due to my own free will doesn’t change the outcome.

2 comments

Punishment is not effective for most people in reducing crime. One thing that is effective is increasing the perceived risk of getting caught. People rarely commit crimes when they are sure they will be caught.
Even in the worst case, recidivism rates only reach around 2/3. That means punishment (incarceration) reforms criminals 1/3 the time. When you consider all of the problems with prisons in the U.S., and all of the hurdles offenders have to pass in order to successfully reintegrate into society, it’s quite remarkable that so many manage to do so.

There are plenty of medical interventions, particularly for mental illnesses, that would dream of 1/3 effectiveness. Now consider the fact that recidivism rates are often much lower than 2/3, and in many cases are closer to 1/3. That tells me that punishment actually is quite effective at reducing crime.

Correlation is not causation. If punishment is causing the recidivism then you'd expect an increase in punishment to increase recidivism. It doesn't. You also need to compare prevention with recidivism. Optimal approaches prevent the crime in the first place.
For the sake of argument, let's assume that punishment has absolutely no effect on whether someone will commit a crime. Even so, there's still a benefit to imprisonment: it separates criminals from society for a period of time, during which they won't be committing crimes against it.
Sure but separation can be a harsh punishment or a caring and comfortable place. Some countries do the latter and have lower recidivism rates.
I hear this often but don't see much evidence of it. Do you know of any good studies to support the idea that punishment isn't effective?
To be clearer, it's not that some form of punishment isn't effective. It's that more severe punishment is not more effective. And prevention is the most effective. There are plenty of studies. A search doesn't surface any for you? What search terms have you tried?
I am a firm believer in deterrence, which you seem to be describing. It's a seperate thing from punitive justice which has a focus on retribution. The method is similar but the aim is different (deterrence focuses on making the cost-benefit ratio for crimes very high, while retribution is mainly to satisfy the human need for fairness through punishment).
Is there any real practical difference? Sounds like the only real change is how you frame the ‘punishment’/‘deterrance’
It has a difference because if your goal is deterrence, then if it can be shown that other means of deterrence are better, then it is logical to apply those even if they reduce the apparent punishment, while if your goal is punishment you might want to keep punishing people even if it is shown to not be effective.

See e.g. the debates over lenient prisons in Scandinavia such as Bastøy Prison, where the lenient treatment is seen as justified on a deterrence and recidivism basis but which would be seen as negative if you see the goal of the sentencing to be harsh in order to punish.