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Messages promoting sentence 'enhancements' may boost crime

It's that time of year, when legislators gear up the old Texas Criminal Law Generator and propose creating dozens of new crimes or jacking up criminal penalties.The formula for creating a new crime or increasing punishments ("enhancements," to use the Orwellian capitol euphemism), is dead simple: Argue that this or that social problem has reached epidemic proportions, then suggest a more punitive response than under present law.While typically admitting that increased criminal penalties won't solve the problem (e.g., after "enhancing" penalties for scrap metal theft to a felony, the number of thefts significantly increased), proponents inevitably insist that a new law must be passed in order to "send a message."But recent social science research makes me wonder exactly what message this strategy actually sends? Social psychologist Robert Cialdini argues that such arguments often have the opposite effect of what's intended, because of the implicit message it sends, because even if such claims are:both true and well intentioned, the campaigns? creators have missed something critically important: Within the statement ?Many people are doing this undesirable thing? lurks the powerful and undercutting normative message ?Many people are doing this...continue to full post

Full post as published by Grits for Breakfast on February 02, 2009 (boomark / email).