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Purpose of Punishment and Punitive Judgment:Impact of Retribution, General Deterrence, and Incapacitation

Korean Journal of Social and Personality Psychology / Korean Journal of Social and Personality Psychology, (P)1229-0653;
2008, v.22 no.4, pp.175-195
https://doi.org/10.21193/kjspp.2008.22.4.011


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Abstract

Three studies examined how different purposes of punishment affect peoples' punitive judgment. Korean college students assigned an appropriate sentence to a hypothetical perpetrator whose crime was varied with respect to the key components of three punishment purposes:retribution, general deterrence and incapacitation. Study 1 compared retribution and general deterrence purposes and showed that the sentence judgments were highly sensitive to retribution-related factors (magnitude of harm, extenuating circumstances, criminal intent) but were insensitive to factors associated with general deterrence (frequency, detection rate, publicity). Study 2 compared retribution and incapacita- tion purposes and revealed that both the retribution factors and incapacitation-related factors (criminal record, impulsiveness, recidivism) had a significant, but independent impact on sentence judgments. These findings were replicated in Study 3 which included all three punishment purposes in a single experimental design. Mediational analyses revealed that effects of the retribution factors were mediated by moral outrage. They also revealed that effects of the incapacitation factors were mediated by dispositional inference about the perpetrator and the perceived need for protecting the society from the perpetrator. Implications of the findings and directions for future research are discussed.

keywords
Purpose of punishment, Retribution, Utilitarianism, Incapacitation, Punitive judgment, 처벌 목적, 응보, 공리주의, 일반인 제지, 무력화, 처벌 판단

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Korean Journal of Social and Personality Psychology