Violent Crime and Punitiveness: An Empirical Study of Public Opinion

52 Pages Posted: 30 Aug 2019

See all articles by Michael M. O'Hear

Michael M. O'Hear

Marquette University - Law School

Darren Wheelock

Marquette University Department of Social and Cultural Sciences

Date Written: August 29, 2019

Abstract

Evidence suggests that the public favors tough punishment for individuals who have been convicted of violent crimes, but why? In order to better understand the factors that contribute to punitive attitudes toward violent crime, or “V-punitiveness,” we analyze data from a recent survey of Wisconsin voters as a part of the Marquette Law School Poll. In sum, respondents generally supported prison terms for individuals convicted of violent crime, but this support was not unwavering and unconditional. While analysis of these data identified several variables that correspond with higher levels of V-punitiveness, neither fear of violent crime nor personal experiences were among them. Instead, V-punitiveness seems more closely tied to broader sets of social beliefs regarding individual responsibility, traditional values, and the like. Our results suggest that tough responses to violent crime may be supported more for expressive than instrumental reasons. Thus, efforts to change public policy in this area may need to contend with expressive considerations. If reformers wish to change minds about legal responses to violent crime, instrumental arguments based simply on “what works” in reducing violent recidivism may come up short.

Keywords: violent crime, punitiveness, public opinion, public attitudes

Suggested Citation

O'Hear, Michael M. and Wheelock, Darren, Violent Crime and Punitiveness: An Empirical Study of Public Opinion (August 29, 2019). Marquette Law Review, Forthcoming; Marquette Law School Legal Studies Paper No. 19-12. Available at SSRN: https://ssrn.com/abstract=3445130

Michael M. O'Hear (Contact Author)

Marquette University - Law School ( email )

Sensenbrenner Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
414-288-3587 (Phone)
414-288-5914 (Fax)

Darren Wheelock

Marquette University Department of Social and Cultural Sciences ( email )

United States

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