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THEORY OF THE STABILITY OF PUNISHMENT

NCJ Number
12166
Journal
Journal of Criminal Law and Criminology Volume: 64 Issue: 2 Dated: (1973) Pages: 198-207
Author(s)
A BLUMSTEIN; J COHEN
Date Published
1973
Length
10 pages
Annotation
REEXAMINATION OF DURKHEIM'S CLAIM OF EXISTENCE OF STABLE LEVELS OF CRIME AND DISCUSSION OF AN ALTERNATIVE ARGUMENT FOR EXISTENCE OF STABLE LEVELS OF PUNISHMENT.
Abstract
THE AUTHORS ARGUE THAT THE EXTENT OF PUNISHMENT, RATHER THAN CRIME ITSELF, IS THE FACTOR HELD AT A CONSTANT LEVEL IN SOCIETY. DEVIANT BEHAVIOR (CRIME) AND SOCIETY'S RESPONSE TO IT ARE CHARACTERIZED IN TERMS OF A VARIABLE MULTIDIMENSIONAL BEHAVIOR DISTRIBUTION. THE AUTHORS HYPOTHESIZE THAT AS THE LEVEL OF CRIME (NUMBER OF INCIDENCES) INCREASES IN THE SOCIETY, THEN IN ORDER TO MAINTAIN A CONSTANT PUNISHMENT LEVEL, THERE MUST BE A SLACKENING OF THE BEHAVIOR THRESHOLDS THAT WARRANTED PUNISHMENT IN THE PAST, OR A REDUCTION IN THE SEVERITY OF THE PUNISHMENT FOR A GIVEN OFFENSE. SOME EMPIRICAL EVIDENCE IS PROVIDED. THE NEED FOR FURTHER THEORETICAL DEVELOPMENT AND VALIDATION IS CONCLUDED.