https://newsroom.unsw.edu.au/news/business-law/do-harsher-pu...
- If murder were not prosecuted, or punished by only a day in jail, murder rates would increase. It would effectively be legal.
- Changing the sentence on murder from 10 years to life, however, would be unlikely to have any marginal deterrent effect.
Stated more generally, I think many sentences in this country are horrifically long, and dramatically shortening them would not increase crime. But if you decrease them to a level where they are de minimis compared to the benefit of the crime, or just not prosecuted at all, I don’t need a study to tell me crime will increase. It is human nature.
Plenty of people claim they have a grasp on common sense, and many of them disagree.
This makes the big assumption that people know or care about the punishment. Most people do, but plenty of people are desperate and just don't give a shit.
For the criminal justice system to deter crime, there has to be a reasonable chance of getting caught and punished, and the punishment must significantly exceed the benefit that obtained from the crime.