Crime and Punishment: Assessing Deterrence Theory in the Context of Somali Piracy

41 Pages Posted: 6 Dec 2014 Last revised: 4 Feb 2015

See all articles by Yvonne Dutton

Yvonne Dutton

Indiana University Robert H. McKinney School of Law

Date Written: December 4, 2014

Abstract

This Article argues that increasing the threat of prosecutions is a necessary component to solving the problem of maritime piracy because the increased threat has the potential to deter Somali piracy. The Article recognizes that Somali pirates may experience certain “push” factors that increase the lure of piracy as a way to earn a living. For example, Somalia is a poor country characterized by weak political and legal institutions in the areas where piracy is most prevalent. Neither of these factors, however, detracts from the potential deterrent effect of a credible threat to punish, rather than release, those who hijack ships and take hostages for ransom.

Suggested Citation

Dutton, Yvonne, Crime and Punishment: Assessing Deterrence Theory in the Context of Somali Piracy (December 4, 2014). George Washington International Law Review, Vol. 46, p. 608, 2014; Indiana University Robert H. McKinney School of Law Research Paper No. 2014-38. Available at SSRN: https://ssrn.com/abstract=2534069

Yvonne Dutton (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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