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FACT BRIEF

Is increasing criminal penalties effective at reducing crime?

By Todd Butterworth
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NO

Research on crime deterrence shows that increasing punishment severity does little to prevent crime. This is partly because criminals seldom know the legal sanctions for specific crimes.

Increasing the chance of being caught is a more effective deterrent. For example, there is no proof that the death penalty deters crime, whereas a greater certainty of being caught is a deterrent. Effective policing that leads to swift and certain, but not necessarily severe, sanctions is a better deterrent than the threat of incarceration.

Some harsher punishments, such as longer prison sentences, may actually increase the incidence of crime. Inmates can learn more effective crime strategies from each other, and time in prison may desensitize many to the threat of future imprisonment. Research shows only 10% to 15% of the crime decline in the U.S. is attributable to punishment policy. 

This fact brief is responsive to conversations such as this one.
Sources
Office of Justice Programs, US Department of Justice Deter crime with scientific evidence about human behavior
National Institute of Justice Five Things About Deterrence
UNSW Newsroom Do harsher punishments deter crime?
ABOUT THE CONTRIBUTOR
The Nevada Independent
The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.