LEGAL 250 Lecture Notes - Lecture 23: Deterrence Theory, Embezzlement
28 Jan 2019
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Document Summary
Instrumental- behavior done for material gain, involves planning. Deterrent effect is low commitment to crime. Deterrent effect is highest for low commitment to crime. Expressive- behavior is end in itself done out of passion/emotion. Deterrent effect is lowest for high commitment to crime. Deterrent effect is questionable for low commitment to crime. People don"t always know what the law is. Prison is not a deterrent not stigmatized. Prison looks to be more attractive than living on streets. Just routine part of life for some neighborhoods. High level of alcohol/drug use at time crime is committed. Chances of arrest and punishment for serious crime are low. Mandatory minimums- requires judge to sentence person for a minimum amount of time depending on crime, deterrence theory. Mandatory minimums sentencing laws require binding prison terms of a particular length for people convicted of a certain federal and state crimes. Take discretion away from judges an gives it to prosecutors who make charging decisions.
