The Effect of Deterrence in The Theories of Situational Action and Defiance and Comparing It with The Theory of Deterrence

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Document Type : Original Article

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10.48300/jlr.2023.396748.2342

Abstract

A criminology literature in recent decades shows that some accepted concepts in criminology have faced extensive theoretical and conceptual changes. Deterrence is one of the most important concepts that has been placed in the evolution of criminology concepts and various theories in criminology have been formed around it. In this research, using the library-analytical method, deterrence in the theory of situational action and defiance has been discussed and compared with the theory of deterrence. The findings of the research showed that although in the theory of deterrence, all people are always choosing between criminal and non-criminal options and are therefore subject to the effect of deterrence, but in the theory of situational action, only people who have an average moral level use cost-benefit analysis and therefore they are subject to deterrence. In the theory of defiance, unlike the theories of deterrence and situational action, the mechanism of deterrence affects people through shame. Therefore, punishment can only have a deterrent effect if the person is embarrassed as a result of the criminal reaction. Of course, in the theory of defiance, in addition to shame, the existence of strong social ties and the legitimacy of the factor imposing a criminal reaction are also effective on deterrence. In the end, it can be said that the theories of situational action and defiance have rejected the generality of the deterrent effect on all people. Also, in the theory of defiance, shame has been introduced as the basis of deterrence instead of cost-benefit analysis.

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 03 June 2023

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