, and amenability to rehabilitation of juvenile offenders.
Benthamite model also implied a distinction between the deterrability
For a definitive theoretical foundation of what shapes opponent leaders' innate deterrability
, given their interests and perceptions, see George and Smoke, Deterrence in American Foreign Policy, 503-613.
This in no way detracts from the extreme severity of the threat that would be posed by their acquisition of a nuclear capability--such as the ability to terrorize Israel's population, conduct large-scale terror attacks with relative impunity, or attempt to dictate terms--but their deterrability
does place the threat in an appropriate context.
In terms of the model, differences in deterrability
could arise from differences across offenders in their marginal costs of punishment, due to, for example, differences in their income or opportunity cost of time.
and offender deterrability
are very difficult to make reliably and
Thus, responsibility really means deterrability
: the capacity to understand that if we harm others, we'll suffer the consequences.
I agree with the Model Penal Code that the defense cannot be justified through appeal to the lack of "dangerousness" (special deterrence), "deterrability
" (general deterrence), or "reformability" (rehabilitation), of those whom it excuses.
(1) Hate-motivated violence has a higher threshold of deterrability
and thus requires an additional element of deterrence (as compared with parallel conduct not arising from hate), and this because it is more likely to recur or more likely to provoke others to further, retaliatory acts.
In evaluating the effect of security measures on "deterrability
," counsel should consider the perpetrator as a source of critical--although not necessary reliable--information.
While those afflicted with black rage may qualify as legally insane in that they act without the deterrability
and sense of moral blameworthiness necessary to inflict punishment under the utilitarian and retributivist penal schemes, black rage actors should not be permitted to externalize the entirety of moral and legal responsibility onto society.
Jacobs, Deterrence and Deterrability
, 48 CRIMINOLOGY