A few years ago, an eminent British criminologist said, or admitted, that criminology was a century-old conspiracy to deny that punishment had any effect whatever on criminal behavior.
And certainly, no intellectual ever earned kudos from his peers by arguing that punishment was necessary, let alone that current punishments were too lenient. In general, the more lenient he was in theory, and the more willing to forgive wrongs done to others, the better person he was thought by his peers to be.
In a way, this was understandable. The history of punishment is so sown with sadism and cruelty that it is hardly surprising that decent people don’t want to be associated with it.
Often, horrific punishments were carried out in public, half as deterrence and half as entertainment. Clearly, they failed to result in a law-abiding society, from which it was concluded that what counted in the deterrence of crime was not severity of punishment but the swiftness and certainty of detection.
While the latter are important, however, they are obviously not sufficient. It is not the prospect of detection that causes people to refrain from parking in prohibited places, but that of the fine after detection.
This is so obvious that it would not be worth mentioning, had not so much intellectual effort gone into the denial of the efficacy of punishment as such. Despite this effort, I doubt whether anyone, in his innermost being, has ever really doubted the efficacy of, or necessity for, punishment.
In Britain, leniency has co-existed with a very large prison population. This is not as contradictory as it sounds: for the fact is that something must eventually be done with repeat offenders, who do not take previous leniency as a sign of mercy and an invitation to reform but as a sign of weakness and an invitation to recidivism. Instead of nipping growth in the bud, the British system fertilises the plant.
Theodore Dalrymple, “Our Leniency, and the Necessity of Punishing Crime”, The Iconoclast, 2021-11-29.
March 14, 2022
QotD: Crime and (lenient) punishment
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