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Sentencing and Punishment

Sentencing and Punishment (5th edn)

Susan Easton and Christine Piper
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date: 15 September 2024

p. 1134. Utility and deterrencelocked

p. 1134. Utility and deterrencelocked

  • Susan Easton
  • , and Christine Piper

Abstract

In this chapter we examine a key justification of punishment, namely utilitarianism, which focuses on the consequences or outcomes of sentencing and punishment. The origins of this approach in the work of Beccaria and Bentham, and its modern expression in the work of writers such as Wilson and Kennedy, will be discussed. We will focus here on the specific outcome of deterrence, considering whether punishment is effective in reducing offending, reviewing the available research on issues including the certainty and severity of punishment. The methodological problems which arise in proving a deterrent effect are reviewed, including in relation to the death penalty. The problems with this justification for punishment are also examined.

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