DEFIANCE, DETERRENCE, AND IRRELEVANCE - A THEORY OF THE CRIMINAL SANCTION

Increasing evidence shows great diversity in the effects of the crimin al sanction. Legal punishment either reduces, increases, or has no eff ect on future crimes, depending on the type of offenders, offenses, so cial settings, and levels of analysis. A theory of ''defiance '' helps explain the conditions under which punishment increases crime. Proced ural justice (fairness or legitimacy) of experienced punishment is ess ential for the acknowledgement of shame, which conditions deterrence; punishment perceived as unjust can lead to unacknowledged shame and de fiant pride that increases future crime. Both ''specific'' defiance by individuals and ''general'' defiance by collectivities results from p unishment perceived as unfair or excessive, unless deterrent effects c ounterbalance defiance and render the net effect of sanctions irreleva nt. By implication, crime might be reduced more by police and courts t reating all citizens with fairness and respect than by increasing puni shments. A variety of research designs can be used to test, refine, or reject the theory.