Deterrent Theory for CLAT - Practice Questions & MCQ

Definition and Explanation:

The deterrence theory of punishment was first formulated by two 18th century philosophers, Cesare Beccaria and Jeremy Bentham. Beccaria's book On Crimes and Punishments (1764) argued that the purpose of punishment should be to deter people from committing crimes, rather than to inflict pain or suffering on them. He believed that the punishment should be swift, certain, and proportionate to the crime. Bentham's book An Introduction to the Principles of Morals and Legislation (1789) further developed the deterrence theory, arguing that people are motivated by self-interest and that the threat of punishment can deter them from committing crimes.

• Deterrent Theory prevents crimes by imposing punishment, believing that witnessing severe consequences discourages criminal acts.
• It relies on fear of punishment outweighing potential gains, aiming to create a deterrent effect.

Parameters for Understanding Deterrent Theory:

• Severity of Punishment: Matching punishment to crime's seriousness creates a strong deterrent.
• Certainty of Punishment: Higher chances of getting caught and punished discourage potential criminals.
• Swift Application of Punishment: Prompt penalties prevent underestimating consequences due to delays.

Examples to Illustrate Deterrent Theory:

• Speed Limit Violations: Fines for speeding discourage others, enhancing road safety.
• Death Penalty for Heinous Crimes: Severe punishment deters extreme acts of violence.
• White-Collar Crimes: Heavy fines deter financial fraud, considering harm to reputation and finances.