How Legal Punishment Affects Crime: Law's Punitive Behavioral Mechanisms (2025)

"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."