The Long Arm of the Law: Do Lengthier Sentences Actually Deter Crime?
A list of assumptions accompanies any increase in prison sentence lengths; more jail time will lead to more public safety, increased crime deterrence, and more rehabilitation because the inmate has longer to experience the formation offered by the prison. However, the data indicates that more severe punishments, far from having a reciprocal positive effect, cost taxpayers more and have no substantial deterrent effect.
While a large body of research exists on the psychology and methods of deterring crime, the National Institute of Justice summarized the relation between threat of punishment and crime prevention into five primary takeaways:
The certainty of being caught is a stronger deterrent than the punishment after being caught.
Sending someone to prison for a crime is not a very effective way to deter crime.
Police deter crime by increasing the perception that criminals will be caught.
Increasing the severity of punishment also does little to deter crime.
There is no empirical evidence that the death penalty deters criminals.
With these evidence-backed conclusions in mind, it becomes evident that creating sentences with the goal of deterring similar crimes from being committed is an exercise in futility.
If longer sentences and more severe punishments don’t deter others from committing the same crime, what do they do?
There is no substantial evidence to indicate that longer sentences reduce recidivism, and a 2021 meta-analysis from the University of Chicago suggests that, if anything, the destabilizing impacts of a lengthy stay in prison might even increase recidivism.
Additionally, a Pew report from 2012 finds that increasing prison sentences by even nine months places a considerable financial burden on the state doing so. The report emphasizes that public safety and a balanced budget are not incompatible: “... simply putting as many people in prison for as long as possible is not the best way to spend public dollars and protect public safety.” Pew’s findings are particularly germane to Louisiana. With corrections costs ballooning alongside the prison population, a more sustainable—and effective—path forward is urgently needed.
Of course, prisoners should receive programming. Voluminous research supports its effectiveness in improving behavior while incarcerated, easing the transition back into society, and increasing the likelihood that the person will not reoffend and will achieve long-term positive outcomes. But extremely long sentences, some of which are outliers when compared to other states, aren’t required for solid programming to occur.
With deterrence and fiscal prudence as important goals, lawmakers must create a system that avoids the pitfalls of poor sentencing practices. As indicated by the National Institute of Justice’s findings, when people feel like they will be caught, they are less likely to commit a crime. How can that assurance be communicated? Law enforcement and public safety measures can respond to data about crime hot spots by focusing efforts and resources where they are needed most. This requires robust, accurate, and current data as well as collaboration between different agencies and local governments to ensure that resources are allocated effectively. For example, Chief Troy Hebert of the Crowley Police Department recently grabbed headlines when he installed cameras throughout his town to deter crime. Not only did he take action, but with support from his city council, built them himself to save taxpayer dollars. The department has seen a 55% reduction in burglaries and a 50% reduction in shootings since the cameras were installed.
While deterrence begins with strong data, leveraged to its fullest potential, it cannot end there. Law and order relies heavily on the police force and other law enforcement officials, but must also be supported by the courts, communities, and policymakers. Several opportunities for improvement to the above are available to Louisiana lawmakers in this upcoming legislative session, and the findings about what does and does not work have never been more clear.