How Legal Punishment Affects Crime: Law's Punitive Behavioral Mechanisms (2025) (opens in new tab)

"Unfortunately, so far, the existing empirical work has not had a central place in policy, legislation, and political discourse (Loughran 2019, Nelken & Hamilton 2022). Unsurprisingly, scholars have been frustrated that their insights on, for instance, the inconclusive evidence for the deterrent effect of incarceration on violent crime or the evidence that treatment can help to rehabilitate have not had sufficient impact (Cullen et al. 2011, McGuire 2013). Empirical research has failed to sway policymakers and political leaders for many reasons, too many to cover fully here."

"Researchers must not give up but instead continue to engage with the public and with policy makers. They also must accept that although many policy makers (or their staffers) may be aware of these conclusions, the accumulated science may not change policy for various reasons, including their constituents’ viewpoints, their perception that being tough on crime will sway voters, and so forth. Yet, researchers should not throw in the towel. […] Given the various costs associated with punishment, this seems to be a paramount consideration."

True

Take drug addiction as an example here in the UK.

Drug addiction used to be deemed a medical issue and was part of the NHS medical model.

In the early 2000's the dim brained government decided to change this from a medical model to a criminal justice model.

8 offences were selected. If a person was arrested for any of those 8 offences, they would have to have a drug assessment in police custody. The drug worker would then write a report to the court and that was used as a guide for the judge in sentencing.

at the same time the government developed the NTDMS, The national treatment database monitoring system. I spent more wasted time filling in that shit than I spent with clients.

oh! look what a great job we are doing as a government, we are sticking more people in prison and at the same time we are monitoring every time a drug addict farts. Wow wee!

they still got the same sentence.

forward 20 years

our prisons are overflowing with revolving door drug addicts.

They get a 6 month sentence for stealing a bottle of whiskey from a supermarket.

They get released from prison and have to attend a probabtion meeting that same day.

The first thing a person wants to do when they leave prison is to get high.

the majority of offenders released, never make it to their probation appointment and get recalled to prison within a week or two for failing to meet the terms of their prison release.

round and round and round they go. costing the tax payer an absolute fortune, in the name of tough on crime rhetoric

In 2004 it cost £400 per week to keep a man in prison, at the same time it cost £500 to send a man to rehab.