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Severity of Punishment

Definition

The magnitude or harshness of the penalty imposed. Classical theory holds that severity should be proportionate to harm. Modern research finds that increasing severity beyond a threshold has little additional deterrent effect.

Classical view
Severity proportionate to harm caused
Modern finding
Diminishing deterrent effect above a threshold
Theory context
Classical School and deterrence theory
Related concept
Contrasted with certainty and celerity of punishment

Common questions

Why does research find diminishing returns from harsher penalties?+

Offenders often discount future or uncertain consequences heavily, so once a penalty is already substantial, further increases add little to the perceived cost calculation that drives the decision to offend.

How does severity compare to certainty of punishment as a deterrent?+

Criminological studies generally find that certainty of being caught has a stronger deterrent effect than the severity of the eventual penalty, because certainty directly affects the offender's risk assessment at the time of the act.

Related terms

Bounded Rationality
The recognition, from behavioural economics and psychology, that human decision-making is rational only within limits set by available information, cognitive capacity, and...
Certainty of Punishment
The probability that an offence will be detected and lead to punishment. Classical theory and empirical research both identify this as the...
Classical School
The eighteenth-century intellectual tradition in criminology, associated with Beccaria and Bentham, that treats offenders as rational actors and argues for proportionate, certain,...
Deterrence
A forward-looking aim holding that the threat or experience of punishment discourages future offending. General deterrence targets potential offenders in the population;...
Hedonistic Calculus
Bentham's term for the rational weighing of pleasure against pain. In his framework, legislators should calibrate punishments so the pain of the...

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