I agree with the view that punishment is not really a great deterrent as many crimes are not committed from a calculated cost-benefit perspective. I do think we need to apply that type of thinking towards what we might do with that insight/fact of things.
On that point, would like to see more on your claim that we would get better bang for the buck as it were from more investment in preventing crimes. In this regard I’m thinking about the contrast between western legal views and places like China as well as the estimates on the marginal pecuniary costs of prevention to the marginal pecuniary savings from reduced punishment. Clearly two (among many) difference margins along which trade-offs will need to be made.
Another aspect that seems worth exploring (and I’m sure it has been but not sure where the literature stands on the question) is how, at least in my understanding of USA criminal law, victims of crimes are not often compensated (white collar, fraud, financial crimes are something of an exception) but the victims, as a part of society, are then paying costs to punish the criminal. Full prevention is not a reasonable assumption (not sure what level is a reasonable assumption) but we might find a better solution even at the current rate of prevention if more of those harmed by crimes were actually compensated for the harms rather than just imposing the punishment of the criminal actor. A primary reason for preventing the event of a crime is the prevention of the harm. But if the harm can be largely mitigated after the fact there is a degree of equivalent between it never having occurred and it’s compensation (perhaps here we might think of law and punishment as a type of insurance).
I also think there is something to look at in terms of prevention of incidence of crimes due to incarceration—a type of exile. There might be scope for approaches there that maintain that type of prevention for repeat offenders (those demonstrating a propensity for some bad behavior for whatever reason) that may be possible at a lower cost than prison incarceration. And what might the marginal gain in prevention be related to the cost of the solution. This is a somewhat different approach than the ex anti prevention approach applied to the general society but may be nearly as effective but substantially lower cost.
I agree with the view that punishment is not really a great deterrent as many crimes are not committed from a calculated cost-benefit perspective. I do think we need to apply that type of thinking towards what we might do with that insight/fact of things.
On that point, would like to see more on your claim that we would get better bang for the buck as it were from more investment in preventing crimes. In this regard I’m thinking about the contrast between western legal views and places like China as well as the estimates on the marginal pecuniary costs of prevention to the marginal pecuniary savings from reduced punishment. Clearly two (among many) difference margins along which trade-offs will need to be made.
Another aspect that seems worth exploring (and I’m sure it has been but not sure where the literature stands on the question) is how, at least in my understanding of USA criminal law, victims of crimes are not often compensated (white collar, fraud, financial crimes are something of an exception) but the victims, as a part of society, are then paying costs to punish the criminal. Full prevention is not a reasonable assumption (not sure what level is a reasonable assumption) but we might find a better solution even at the current rate of prevention if more of those harmed by crimes were actually compensated for the harms rather than just imposing the punishment of the criminal actor. A primary reason for preventing the event of a crime is the prevention of the harm. But if the harm can be largely mitigated after the fact there is a degree of equivalent between it never having occurred and it’s compensation (perhaps here we might think of law and punishment as a type of insurance).
I also think there is something to look at in terms of prevention of incidence of crimes due to incarceration—a type of exile. There might be scope for approaches there that maintain that type of prevention for repeat offenders (those demonstrating a propensity for some bad behavior for whatever reason) that may be possible at a lower cost than prison incarceration. And what might the marginal gain in prevention be related to the cost of the solution. This is a somewhat different approach than the ex anti prevention approach applied to the general society but may be nearly as effective but substantially lower cost.