Economics 3364A/B Study Guide - Quiz Guide: Measurement Problem, Consequentialism, Deterrence Theory

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General deterrence: bentham (1748-1832): general prevention ought to be the chief end of punishment as its real justification. It would only be adding one evil to another. Problem of draconian penalties: measurement problem: For someone to be deterred requires (a) that he would have committed a crime; (b) but he did not in order to avoid punishment. Incompleteness (of justification) problem as voiced by c. s. According to the [utilitarian] theory, to punish a man because he deserves it, and as much as he deserves, is mere revenge, and, therefore, barbarous and immoral. It is maintained that the only legitimate motives for punishing are the desire to deter others by example or to mend the criminal. When this theory is combined, as frequently happens, with the belief that all crime is more or less pathological, the idea of mending tails off into that of healing or curing and punishment becomes therapeutic.