Norms, Theories of Punishment, and Publicly Preferred Penalties for Crimes

Despite growing interest in publicly preferred punishments for criminal offenses, investigators have paid relatively little attention to the criteria used by the public to determine appropriate punishments for different offenses. Classical theories of punishment and sociological conceptions of norms suggest two possible criteria: the perceived frequency and seriousness of offenses. Data from four independent sample surveys of the adult residents of a southwestern metropolitan area are used to determine the effects of these two variables on the severity of preferred punishments for nineteen offenses. When the age and prior record of the offender are held constant, the seriousness of the offense is the central criterion used to determine appropriate punishments. These results cast serious doubts on recent claims that publicly preferred punishments are based on utilitarian motives.