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criminals respond to disincentives? Or are emotions and attitudes the determining factors in crime? If violent acts occur merely because of random emotions, stronger penalties would only reduce crime to the extent that the people least able to control such violent feelings can be imprisoned.

There are obvious difficulties with taking this argument against deterrence to its extreme. For example, as long as "even a handful" of criminals respond to deterrence, increasing penalties will reduce crime. Higher probabilities of arrest or conviction as well as longer prison terms might then possibly "pay" for themselves. As the cases in the previous section have illustrated, criminal decisionsβ€”from when to break into a residence, whom to attack, or whether to attack people by using guns or bombsβ€”appear difficult to explain without reference to deterrence. Some researchers try to draw a distinction between crimes that they view as "more rational," like robbery and burglary, and others, such as murder. If such a distinction is valid, one might argue that deterrence would then at least be effective for the more "rational" crimes.

Yet even if we assume that most criminals are largely irrational, deterrence issues raise some tough questions about human nature, questions that are at the heart of very different views of crime and how to combat it. Still it is important to draw a distinction between "irrational" behavior and the notion that deterrence doesn't matter. One doesn't necessarily

imply the other. For instance, some people may hold strange, unfathomable objectives, but this does not mean that they cannot be discouraged from doing things that bring increasingly undesirable consequences. While we may not solve the deeper mysteries of how the human mind works, I hope that the following uncontroversial example can help show how deterrence works.

Suppose that a hypothetical Mr. Smith is passed over for promotion. He keeps a stiff upper lip at work, but after he gets home, he kicks his dog. Now this might appear entirely irrational: the dog did not misbehave. Obviously, Mr. Smith got angry at his boss, but he took it out on his poor dog instead. Could we conclude that he is an emotional, irrational individual not responding to incentives? Hardly. The reason that he did not respond forcefully to his boss is probably that he feared the consequences. Expressing his anger at the boss might have resulted in his being fired or passed up for future promotions. An alternative way to vent his frustration would have been to kick his co-workers or throw things around the office. But again, Mr. Smith chose not to engage in such behavior because of the likely consequences for his job. In economic terms, the costs are too high. He manages to bottle up his anger until he gets home and kicks his dog. The dog is a "low-cost" victim.

Here lies the perplexity: the whole act may be viewed as highly irrationalβ€”after all, Mr. Smith doesn't truly accomplish anything. But still he tries to minimize the bad consequences of venting his anger. Perhaps we could label Mr. Smith's behavior as "semirational," a mixture of seemingly senseless emotion and rational behavior at the same time.

What about changing the set of punishments in the example above? What if Mr. Smith had a "killer dog," that bit anyone who abused it (equivalent to arming potential victims)? Or what if Mr. Smith were likely to be arrested and convicted for animal abuse? Several scenarios are plausible. First, he might have found another victim, perhaps a family member, to hit or kick. Or he might have modified his outwardly aggressive acts by merely yelling at family and neighbors or demolishing something. Or he might have repressed his angerβ€”either by bottling up his frustration or finding some nonviolent substitute, such as watching a video, to help him forget the day's events.

Evidence of responding to disincentives is not limited to "rational" humans. Economists have produced a large number of studies that investigate whether animals take the costs of doing things into account. 93 Animal subjects have included both rats and pigeons, and the typical experiment measures the amount of some desired treat or standard laboratory food or fluid that is consumed in relation to the number of times the animal must push a lever to get the item. Other experiments alter

the amount of the item received for a given number of lever pushes. These experiments have been tried in many different contexts. For example, does an animal's willingness to work for special treats like root beer or cherry cola depend upon the existence of unlimited supplies of water or standard laboratory food? The results from these experiments consistently show that as the "cost" of obtaining the food increases, the animal obtains less food. In economic terms, "Demand curves are downward sloping."

As for human beings, a large economics literature exists that overwhelmingly demonstrates that people commit fewer crimes if criminal penalties are more severe or more certain. Whether we consider the number of airliners hijacked in the 1970s, 94 evasion of the military draft, 95 or international data on violent and property crimes, 96 stiffer penalties or higher probabilities of conviction result in fewer violations of the law. Sociologists are more cautious, but the National Research Council of the U.S. National Academy of Sciences established the Panel on Research on Deterrent and Incapacitative Effects in 1978 to evaluate the many academic studies of deterrence. The panel concluded as follows: "Taken as a whole, the evidence consistently finds a negative association between crime rates and the risks of apprehension, conviction or imprisonment. ... the evidence certainly favors a proposition supporting deterrence more than it favors one asserting that deterrence is absent." 97

This debate on incentives and how people respond to them arises repeatedly in many different contexts. Take gun-buyback programs. Surely the intention of such programs is good, but why should we believe that they will greatly influence the number of guns on the street? True, the guns purchased are removed

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