evilsoup wrote:Hm. I sympathise with the reasoning behind that, but I thought the general consensus of studies was that deterrence through punishment doesn't work.
Deterrent through punishment certainly DOES work, just not to any arbitrary degree. Otherwise,there would be no difference between a state with a rule of law and one without. It's just that, after a while a more severe punishment won't do you any good.
More specifically, the deterrent-factor of punishment is twofold: The direct damage incurred by the punishment, and the social stigma accompanied by it.
The former isn't very specific - 15 years in prison aren't that much more frightening than 10 years in prison, but spending time in prison is certainly more frightening than paying a fine or community service. The Death penalty isn't really more deterring than lifelong prison, since that's already a worst-case scenario you can't exceed.
Humans are MUCH more sensitive to the latter (since that's what our original small societies were based around). As you said (and i already made that point as well), charging someone with "racially motivated crime" carries a larger social stigma*
Lawmakers can certainly influence our behavior with both effects.
The introduction of fines for not wearing seatbelts is primarily an example of the first effect - people didn't look any worse upon you if you did it than before, but people stopped doing it because they wanted to avoid the direct consequence (the fine).
Laws against spanking are arguably an example of the latter effect - the odds of getting caught are relatively low, but people started to see spanking in a bad light, so people stopped doing it lest they would be shunned by their social circles.
*Well, it depends. The effect is greater in the case of minor offenses - if we're talking about murder or somesuch, most people will already shun you so much that not much more will happen. Also, if you happen to be deeply ingrained in a racist peer group, it might actually carry less weight - a conviction due to racially motivated assault would be seen as a minor excess or even as a badge of honor, while a conviction due to assault might make people careful around you. Turns out life is complicated, who knew.