Deterrence and Incapacitation

July 29, 2023

Our criminal justice system employs various theories of punishment, including deterrence and incapacitation, to address crime. However, predicting human behavior accurately remains an arduous task, even with extensive information, resulting in a limited ability to foresee an individual's actions. Despite this, the blame should not be placed on the theoretical framework or any other aspect of the system.

In my experience, I witnessed a criminal receiving around 15 years for drug distribution, but through a detox and rehab program, their sentence was reduced to only 2 years. Unfortunately, this individual was unrepentant and openly admitted to others about deceiving the system to get out early and continue their criminal activities. The system cannot be entirely responsible for their return to the streets; the fault lies with the individual's choice not to change, despite being given opportunities for rehabilitation. Rehabilitation can be effective, but it requires the person's genuine willingness to transform their life. If someone is not committed to change and continues to engage in deceitful or criminal behavior, even the most well-designed rehabilitation efforts may not succeed.

Doctors and professionals have faced similar challenges with individuals struggling with addiction. Some may seek help out of fear, but eventually return to their destructive habits. While many people do change for the better, some do not, and it is crucial not to hold others accountable for the actions of those who choose to engage in wrongdoing unless they knowingly support such behavior.

The human psyche remains complex and difficult to decipher fully, making it impossible to achieve 100% certainty in predicting behavior. We cannot fault lie detectors, criminologists, or psychologists for the unpredictable nature of human actions. The success of rehabilitation programs depends heavily on the individual's willingness to embrace change, and when they fail to do so, it is not a failure of the system or those who aim to help them, but rather the individual's own decision to continue down the wrong path.

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