Defiance, Deterrence, and Irrelevance: A Theory of the Criminal Sanction

Increasing evidence shows great diversity in the effects of the criminal sanction. Legal punishment either reduces, increases, or has no effect on future crimes, depending on the type of offenders, offenses, social settings, and levels of analysis. A theory of “defiance” helps explain the conditions under which punishment increases crime. Procedural justice (fairness or legitimacy) of experienced punishment is essential for the acknowledgment of shame, which conditions deterrence; punishment perceived as unjust can lead to unacknowledged shame and defiant pride that increases future crime. Both “specific” defiance by individuals and “general” defiance by collectivities results from punishment perceived as unfair or excessive, unless deterrent effects counterbalance defiance and render the net effect of sanctions irrelevant. By implication, crime might be reduced more by police and courts treating all citizens with fairness and respect than by increasing punishments. A variety of research designs can be used to test, refine, or reject the theory.