Optimistic deterrence theorizing: The role of timeliness, court dysfunction, and community alienation

Goldkamp takes issue with the assumption made by Steven N. Durlauf and Daniel S. Nagin in their article in the Feb 2011 issue of Criminology & Public Policy--that improved sanction certainty can best be achieved by reallocating justice resources to the policing function, enhancing apprehension risk as a key to deterrent impact. More specifically, the Durlauf-Nagin proposal overlooks two interrelated obstacles given little attention in discussions of deterrence: the timeliness of sanction delivery and the role of court process in sanction delivery. Both represent challenges to communication and delivery of sanction threat and to production of deterrent impact.