본문 바로가기
KERD
논문KCI 등재

인지된 억제력의 형성과 효과: 음주운전을 중심으로

An Empirical Study on Perceived deterrence of Punishment

0

조회

0

다운로드

12

인용

0

참고문헌

키워드

초록

The purpose of this study is to examine on perceived deterrence of punishment on drunk-driving in Korean society. Deterrence theory assume a rational offender, and emphasizes the threat of punishment to deter the criminal behavior. According to deterrence theory, the deterrent effect of punishment relies on the three aspects of punishment, such as the severity, certainty, and celerity of the punishment. Numerous empirical studies on deterrence doctrine try to investigate the deterrent effect of objective/perceptual punishment, but have come to different results by data, methods of research, and criminal types. This study is focus on determinant element and process of perceived deterrence of punishment, including the experiential and emboldening effect of prior criminal behavior and punishment. The data used in this study are drawn from a self-reported survey conducted in Seoul in 2004 by Korean Institute of Criminal Justice. The sample consists of a total of 1.007 drivers, ages 20-66 years old, but in this study we analyse only the male drivers who reported at least some drinking during the last year(n=642). We try to identify perceived deterrence such as internal, informal(social) deterrence of social sanction social, formal deterrence of criminal justice system, and respectively measure by 3-4 items. Drinking-driving is measured for perceived likelihood drinking and driving in future. To examine the effect of social factors and cognitive factors on perceived deterrence of punishment, we used ANOVA, correlation and regression analyses. Major findings of our analyses are as follows. The our data have found that perceived risk of internal, formal and informal punishment is related negatively to law offenses. It seems that the effects is not deterrent effects, but the experiential effects. Consequently, this results supported experiential hypotheses.

Abstract

The purpose of this study is to examine on perceived deterrence of punishment on drunk-driving in Korean society. Deterrence theory assume a rational offender, and emphasizes the threat of punishment to deter the criminal behavior. According to deterrence theory, the deterrent effect of punishment relies on the three aspects of punishment, such as the severity, certainty, and celerity of the punishment. Numerous empirical studies on deterrence doctrine try to investigate the deterrent effect of objective/perceptual punishment, but have come to different results by data, methods of research, and criminal types. This study is focus on determinant element and process of perceived deterrence of punishment, including the experiential and emboldening effect of prior criminal behavior and punishment. The data used in this study are drawn from a self-reported survey conducted in Seoul in 2004 by Korean Institute of Criminal Justice. The sample consists of a total of 1.007 drivers, ages 20-66 years old, but in this study we analyse only the male drivers who reported at least some drinking during the last year(n=642). We try to identify perceived deterrence such as internal, informal(social) deterrence of social sanction social, formal deterrence of criminal justice system, and respectively measure by 3-4 items. Drinking-driving is measured for perceived likelihood drinking and driving in future. To examine the effect of social factors and cognitive factors on perceived deterrence of punishment, we used ANOVA, correlation and regression analyses. Major findings of our analyses are as follows. The our data have found that perceived risk of internal, formal and informal punishment is related negatively to law offenses. It seems that the effects is not deterrent effects, but the experiential effects. Consequently, this results supported experiential hypotheses.

참고문헌 (48)

  1. 기광도, "법위반에 대한 처벌의 억제효과분석-인지적 측면을 중심으로-", 형사정책, 16(2), pp.9~35 (2004), 한국형사정책학회
  2. 신동준, "처벌의 효과: 억제이론에 대한 비판적 검토", 형사정책, 21(2), pp.191~216 (2009), 한국형사정책학회
  3. 이성식, "처벌의 조건적 효과에 대한 경험적 연구", 형사정책연구, 25, pp.235~263 (1996)
  4. 이성식, "공식처벌의 간접손실효과: 확대억제이론의 검증", 형사정책 연구, 35, pp.221~246 (1998)
  5. 이성식, "사이버犯罪에 대한 知覺된 處罰의 抑制效果 檢證", 矯正硏究, 22, pp.91~114 (2004), 한국교정학회
  6. 이성식, "사이버범죄의도에 대한 공식처벌의 억제효과―일반청소년과 보호관찰청소년의 비교―", 형사정책, 20(1), pp.187~206 (2008), 한국형사정책학회
  7. 이순래, "음주운전의 원인에 관한 연구: 억제이론과 수치이론을 중심으로", 형사정책연구, 8(3), pp.201~232 (1997)
  8. 전영실, "음주운전의 실태에 관한 연구" (2004), 한국형사정책연구원
  9. 전영실, "음주운전의 억제요인에 대한 연구", 형사정책연구, 20(1), pp.257~277 (2009), 한국형사정책연구원
  10. Akers, R.L., "Criminological Theories: Introduction, Evaluation, and Application" (2004), Roxbury Publishing Company
  11. Baum, S., "Drink Driving as a Social Problem: Comparing the Attitudes and Knowledge of Drink Driving Offenders and the General Community", Accident Analysis and Prevention, 32(5), pp.689~694 (2000)
  12. Brown, S.L., "Associations between Peer Drink Driving, Peer Attitudes toward Drink Driving, and Personal drink Driving", Journal of Applied Social Psychology, 28(5), pp.423~436 (1998)
  13. Cock, P. J., "Research in Crime Deterrence: Laying the Groudwork for the Second Decade", Crime and Justice, 2, pp.211~268 (1980)
  14. Ehrlich, I., "Fear of Deterrence", The Journal of Legal Studies, 6, pp.293~316 (1977)
  15. Erickson, M.L., "The Deterrence Doctrine and the Perceived Certainty of Legal Punishments", American Sociological Review, 42, pp.305~317 (1977)
  16. Gallupe, O., "Morality, Self-control, Deterrence, and Drug Use: Street Youths and Situational Action Theory", Crime & Delinquency, 10 (2010)
  17. Gibbs, J. P., "Crime, Punishment, and Deterrence", Southwestern Social Science Quarterly, 48, pp.515~530 (1968)
  18. Gibbs, J. P., "Crime, Punishment, and Deterrence" (1975), Elsevier
  19. Gibbs, J.P., "The Artifact Issue in Deterrence Research", Criminology, 28, pp.347~367 (1990)
  20. Grasmick, H.G., "Social Class and Social Control: An Application of Deterrence Theory", Social Forces, 62, pp.357~374 (1983)
  21. Grasmick, H.G., "Conscience, Significant others, and Rational Choice: Extending the Deterrence Model", Law and Society Review, 24, pp.837~862 (1990)
  22. Hirschi, T., "Social class and crime. in: Issues in Social Inequality" (1972), Little, Brown
  23. Houston, D. J., "Drinking-and-Driving in America: A Test of Behavioral Assumptions Underlying Public Policy", Political Research Quarterly, 57(1), pp.53~64 (2004)
  24. Jensen, G.F., "Perceived Rick of Punishment and Self-Reported Delinquency", Social Forces, 57, pp.57~78 (1978)
  25. Kleck, G., "The missing Link in General Deterrence Research", Criminology, 43(3), pp.623~659 (2005)
  26. Klepper, S., "The Deterrent Effect of Perceived Certainty and Severity of Punishment Revisited", Criminology, 27, pp.721~746 (1989)
  27. Loughran, T.A., "Differential Deterrence: Studying Heterogeneity and Changes in PerceptualDeterrence Among Serious Youthful Offenders", Crime & Delinquency, 10 (2009)
  28. Meier, R. F., "Deterrence as Social Control: The Legal and Extralegal Production of Conformity", American Sociological Review, 42, pp.292~304 (1977)
  29. Miller, S.L., "Determinants of Perceived risk of Formal Sanction for Courtship Violence", Justice Quarterly, 11, pp.281~312 (1994)
  30. Nagin, D. S., "The Preventive Effects of The Perceived Risk of Arrest: Testing An Expanded Conception of Deterrence", Criminology, 29, pp.561~587 (1991)
  31. Nagin, D. S., "Personal Capital and Social Control: The Deterrence Implications of a theory of Individual differences in Criminal Offending", Criminology, 39, pp.865~892 (1994)
  32. Pate, A. M., "Formal and Informal Deterrents to Domestic Violence: The Data County Spouse Assault Experiment", American Sociological Review, 57, pp.691~697 (1992)
  33. Piliavin, I, C., "Crime , Deterrence, and Rational Choice", American Sociological Review, 51, pp.101~119 (1986)
  34. Paternoster, R., "The Deterrent Effect of Perceived Severity: A Reexamination", Social Forces, 64, pp.751~777 (1986)
  35. Paternoster, R., "Perceived Risk and Social Control: Do Sanctions Really Deter?", Law and Society Review, 17, pp.457~479 (1983)
  36. Piquero, A., "An Application of Stafford and Warr's Reconceptualization of Deterrence to Drinking", Journal of Research in Crime and Delinquency, 35(1), pp.3~39 (1998)
  37. Pogasky, G., "Identifying Deterrable Offenders: Implications for Research on deterrence", Justice Quarterly, 19, pp.431~452 (2002)
  38. Sampson, R.J., "Crime in Cities: The Effects od Formal and Informal Social Control", Communities and Crime (1986)
  39. A.J. Reiss, Jr., "Toward a Theory of Criminal Deterrence", American Sociological Review, 41, pp.442~461 (1976)
  40. Stafford, M., "A Reconceptualization of general and Specific deterrence", Journal of Research in Crime and Delinquency, 30, pp.123~135 (1993)
  41. Stoduto, G., "A Typology of Adolescent Drinking-Drivers", Journal of Child & Adolescent Substance Abuse, 10(3), pp.43~58 (2001)
  42. Tittle C. R., "Crime rates and legal Sanctions", Social Problems, 16, pp.409~422 (1969)
  43. Tittle C. R., "Sanctions and Social Deviance: The Question of Deterrence" (1980), Praeger
  44. Tittle C. R., "Social Class and Criminal Behavior: A Critique of Theoretical Foundation", Social Forces, 62, pp.334~358 (1983)
  45. Vold, G.B., "Theoretical Criminology" (2002), Oxford University Press
  46. Waldo, G.P., "Perceived Penal Sanction and Self Reported Criminality: A Neglected Approach to Deterrence Research", Social Problems, 19, pp.522~540 (1972)
  47. Williams, K. R., "Perceptual Research on General Deterrence: A Critical Review", Law & Society, 20, pp.545~572 (1986)
  48. Zimring, F., "Deterrence" (1973), University of Chicago Press

관련 논문AI추천

이 간행물의 다른 논문 (11건)