Maxim 7.8.1
Crimes are more effectively prevented by certainty than by severity of punishment.
Recidivum effectuosius praevenit certitudo quam severitas poenae.
Source: Cf. Beccaria, Dei Delitti e delle Pene (1764); Blackstone, 4 Bl. Comm. 11; Weisman, 92b
Difficulty 1/5 — Foundational
Explanation
Swift and certain enforcement deters more powerfully than occasional extreme punishment — a law that is reliably enforced is respected more than one that punishes harshly but rarely.
Where this applies
- People stop committing crimes when they know punishment is certain — not when punishment is severe.
- A city with reliable enforcement has less crime than one with harsh but inconsistent penalties.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.8.1 — Crimes are more effectively prevented by certainty than by severity of punishment. — Cf. Beccaria, Dei Delitti e delle Pene (1764); Blackstone, 4 Bl. Comm. 11; Weisman, 92b (Recidivum effectuosius praevenit certitudo quam severitas poenae.)
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