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- 14 February 2005
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OK. So I get caught, turn up in court and face no actual consequences for my actions. Why would that deter me? The only downside I can see is waste of a day or so in court.The death penalty has been proven to not be a deterent, so I doubt mandatory sentencing will do much except clog up the gaols and appease talkback radio. The proven best deterent to any crime is increasing the chance of being caught and convicted, not increasing the sentence.
Using a different example, the reasonably high chance that I will receive a $35 fine for parking too long in the one spot is no real deterrent. It could be considered a fee for service almost. In contrast, the much lower chance that I'll be caught and consequently lose my driver's license for driving 38 km/h over the speed limit is however a big deterrent. Regardless of the probability, the consequences of the latter are substantial whereas the former is trivial at most.
In the above example it's the sentence, not the probability of being caught, which acts as a deterrent. We're talking about harming innocent people here, not about convicting a few drunks who harmlessly stagger out of the pub at closing time and cause no fuss.