Deterrence as Social Control: The Legal and Extralegal Production of Conformity

Abstract

Previous work dealing with the deterrent effects of legal sanctions has lacked an appropriate sociological context. This paper adopts a theoretical perspective which views legal threats as only one mechanism which may produce conformity. Our framework, which is consistent with both the social control and social influence literature, emphasizes the possible importance of extralegal factors in the production of conformity. We illustrate the methodological implications of our approach empirically with a test of the deterrence doctrine that focuses on the use of marijuana. A multiple regression analysis of data obtained from a sample of both marijuana users and nonusers in a jurisdiction with severe penalties for the use of marijuana indicates that the criminal law receives support from certain extralegal inhibitory influences. Moreover, when the relative efficacy of these extralegal influences are compared to the controlling effects of legal threats, the extralegal influences are found to be the more important. (abstract Adapted from Source: American Sociological Review, 1977. Copyright © 1977 by the American Sociological Association) Legal Sanctions Crime Prevention Deterrence Offender Punishment Social Control 07-02