pros and cons of specific deterrence

<> [3] Locking up these individuals when they are young and early in their criminal careers could be an effective strategy to preventing crime if we could identify who they are. J., John H. Laub and E.P. This cookie is set by GDPR Cookie Consent plugin. endobj Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. In terms of punishment, specific and general deterrence are not mutually exclusive. I feel like its a lifeline. It is difficult to say that a defendant who receives a life sentence on a nonhomicide offense but who was at the same time convicted of homicide is not in some sense being punished in part for the homicide when the judge makes the sentencing determination. Punishments may have the goal of specific deterrence, general deterrence, or both. Pros And Cons Of Deterrence Interestingly, the effectiveness of specific deterrence is a point of debate. Florida abolished its parole system back in 2003, which means that a defendant who receives a life sentence has no possibility of being released early, save for a rare exception to the rule. Walker (1985, p 40) suggests that capital punishment is no more effective as a deterrence than imprisonment and that in most circumstances, murder is not a rational choice and therefore, the punishment is irrelevant and a deterrence effect is unlikely. A punishment that serves the purpose of general deterrence will educate the population, and hopefully, inspire habits that reduce a person's risk of committing a certain crime in the first place. copyright 2003-2023 Study.com. Webfully ambiguous qualifications of the pledge in response to specific perceived threats from chemical and biological weapons. And it is not well-defined within the various subfields. It is important to recognize that many of these individuals who offend at higher rates may already be incarcerated because they put themselves at risk of apprehension so much more frequently than individuals who offend at lower rates. If your specific country is not listed, please select the UK version of the site, as this is best suited to international visitors. This paper explains that the death penalty does not deter crime and demonstrates that deterrence was not the driving motivation for the proponents of death penalty. By law, police are not intended to have much influence on the severity of punishment, at least not an official punishment meted out under the criminal law: for the most part, that is left to legislatures, prosecutors, and judges to decide. Imagine that you are the judge assigned to Don's case. General deterrence in criminal justice seeks to achieve the enforcement of criminal laws by intimidating others into abiding by the law. Offenders are incarcerated in prisons in a expectation that they will feel punished enough to learn from their mistakes and not commit further crimes, this is called deterrence and is a main goal of prisons today (Daly, 2003). It is likely that a person who has committed a crime (specific experience) is also aware of friends or acquaintances who have been apprehended. WebCardano pros & cons and related info are in the collapsed comments below. However, the same punishment imposed on an older, more seasoned criminal wouldn't have the same effect. Pros and Cons Proponents of a clear negative security assurance policy have argued that failure to enunciate such policies leaves open and po-tentially even encourages nuclear weapons use in a broader range of situations. Research shows clearly that the chance of being caught is a vastly more effective deterrent than even draconian punishment. That way, the punishment will discourage the accused from re-offending and will also discourage others from committing the same or similar offenses. [note 5] Sampson, Robert. WebSpecific deterrence focuses on punishment of criminals that are apprehended. Overall, deterrence can be an effective strategy in certain contexts. WebThe incentives to join the coalition are the group-specific benefits from retaliation enjoyed by each coalition member, the relatively lower spillover benefit from retaliation enjoyed by each stand-alone nation, and the inability of pre-emptive measures to avert terrorist attacks. A criminals behavior is more likely to be influenced by seeing a police officer with handcuffs and a radio than by a new law increasing penalties. Juvenile offenders who committed both homicide and nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who committed no homicide. Depending on Don's circumstances, a monetary fine may not deter him from re-offending. But opting out of some of these cookies may affect your browsing experience. However, these studies are examples of offences which may be more likely to be thought about, on the basis that the probability of being caught may be deemed to be high, or linked to the consequences of their actions and the value that someone places on holding a license. When the public is aware that they will receive a ticket or, in some cases, suspension of their licenses, for not obeying traffic laws, they are more likely to obey the laws and to drive carefully. Secure .gov websites use HTTPS There is an important distinction between deterrence and incapacitation. Certainty refers to the likelihood of being caught and punished for the commission of a crime. The goal of general deterrence is to discourage the general public from breaking the law, and dissuade them from following in an offender's footsteps. WebIn fact it is because it places such great value on their rights that it tries so hard to change the offender and prevent his re-offending. Official websites use .gov lessons in math, English, science, history, and more. Pros: Punishments are individualized and revolve around what crime the offender committed. A study of criminal deterrence is a study of crime. WebPros and Cons of Deterrence Weighing the Pros and Cons. On a related note, the three strikes law is effective as a deterrent in that courts are permitted to give out harsher sentences to offenders who have been convicted of three or more serious crimes. The judges reasoning was that Graham had chosen to throw his life away, and that he left the court with no choice but to protect the community from the illicit path he was following. Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. This is how traffic laws work. Nonetheless, Charles Murray, in Does Prison Work? (1997 p 300) concludes that incarceration solves the problem of crime and that prison is the most effective way of deterring crime, short of the death penalty. It relies on the existence of a credible threat, which can be difficult to establish in some situations. Deterrence theory causes conflict with punishment as there is little consistency within sentencing to maintain effective deterrence, and although the view may be to deter individuals from re-offending, which has proved to be inconclusive, there is little evidence to show that flexibility within the sentencing process maintains general deterrence. Retributivism is a legal theory of punishment that is intended to assign a punishment proportionate to the crime. The manager required stitches for his head injury. The content on this page is not intended to create, does not create, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Specific deterrence, or individual deterrence, is defined by what discourages an individual charged with a crime from re-offending in the future. Punishments associated with specific deterrence may include fines, prisonsentences, or While deterrence aims to persuade people to obey the law, retributivism aims to punish people for their wrongs because punishment is the best response to criminal behavior. 5 0 obj By seeking to reducing re-offending and to reduce crime, it seeks constructively to promote societys right to safety, and to protect individuals from the victimization of crime. Our team of writers strives to provide accurate and genuine reviews and articles, and all views and opinions expressed on our site are solely those of the authors. Michael Tonry, Chicago: University of Chicago Press, 2009: 115-200. [4] The review included a sizable number of studies, including data from outside the U.S. Deterrence is most likely to be successful when a prospective attacker believes that the probability of success is low and the costs of attack are high. The difference between specific and general deterrence is the focus population. However, losing his driver's license may be enough of a punishment to scare him straight. Web1. What does general deterrence seek to achieve? Zimring and Hawkins (1973, p 40) suggest this to be known as general deterrence, and works on the basis that punishment such as prison sentences deters criminals due to the fear of the punishment (Davies, Croall and Tyrer, 1998, p 300). \begin {array} {ccc} Deterrence : Pro : Reduces reoffending . When a punishment is meant to provide specific deterrence, age and criminal history are considerable factors. Necessary cookies are absolutely essential for the website to function properly. Answer: General deterrence is the theory that if people see the punishments given to offenders, they are less likely to commit those crimes Specific deterrence occurs whenever a person is punished harshly for the crime committed to prevent them from repeating the crime. Here, the judge found Graham guilty of the armed burglary and attempted armed robbery charges against him and sentenced him to the maximum sentence for each charge: life in prison for the armed burglary, and 15 years for the attempted armed robbery. First, by increasing the certainty of punishment, potential offenders may be deterred by the risk of apprehension. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Create your account, 14 chapters | Deterrence can also be difficult to maintain over time. While specific deterrence is tailored to the individual who committed a crime, general deterrence is intended to make the public at large, and would-be criminals, think twice about breaking the law. v. Varsity Brands, Inc. A punishment aimed at preventing an offender from engaging in criminal behavior again in the future. Specific deterrence became the focus of his punishment. Cons: It is difficult for authorities to punish offenders on extreme cases. It is therefore unjustifiable to construct punishment on the basis of deterrence, if it was never the intention to commit a criminal act. WebSpecific deterrence is focused fully on the individual; it instils fear in the specific individual being punished. On December 2, 2004, Graham was arrested again on charges associated with violating his parole, including possessing a firearm, just before he was about to turn 18. Yet the meaning of crime is by no means clear. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Pro It involves rank and file officers becoming pro-active in solving root causes of reoccurring problems in relation to the type of offender, localities and victims (Tilley, 1996). There are six recognised aims of punishment: protection punishment should protect society from the criminal and the criminal from themselves. General deterrence focuses more on teaching the general public a lesson, rather than just the individual being charged with the crime. Our academic experts are ready and waiting to assist with any writing project you may have. Disclaimer: This is an example of a student written essay.Click here for sample essays written by our professional writers. The effectiveness of any one instance of specific deterrence is determined by the certainty, celerity, and severity of the punishment. in English and a B.A. Therefore it could be seen that deterrence approaches show little concern with the severity of the crime committed, but more so with the prevention of the crime being committed again, and could therefore be seen by some as ignoring the problem of crime (Ashworth, p 1078). Many times, judges will impose sentences that aim to provide both specific and general deterrence. Prisons themselves may be schools for learning to commit crimes. The idea of deterrence is to stop individuals committing further offences, known as individual deterrence but to also by deterring potential offenders within the community from committing a similar offence. General deterrence is the Criminal Justice system making examples of specific criminals. WebGeneral is an individual punishment to dissuade others from committing crimes and specific is an individual being punished for additional Read More Four Correctional Components In The Juvenile Justice System 318 Words | 2 Pages The crime control model emphasizes punishment as the remedy for misbehavior. Specific deterrence, on the other hand, is focused on discouraging a particular individual charged with a crime from re-offending in the future. Often, a judge's sentence will achieve both goals by discouraging the accused from re-offending and others from committing the same or similar offense. These activities may prevent crime by three distinct mechanisms: incapacitation, spe-cic deterrence, and general deterrence. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Fairlamb had two previous convictions for assault, which held significant weight in the eyes of the prosecution and the judge. The thought of spending life in prison for committing a murder is very scary to me. The theory of optimal deterrence investigates how the government may achieve its objective given the individual decisionmaking strategy. But if Sam did try to copy off a classmate the following week and you didn't impose the same kind of severe punishment, he may continue cheating in the future because the punishment is not certain. Here you can choose which regional hub you wish to view, providing you with the most relevant information we have for your specific region. v discussion. Book: (S) Juvenile Delinquency In A Diverse Society Kristin A. Bates // Richelle S. Swan, 2020 Sage All other trademarks and copyrights are the property of their respective owners. WebA specific feature of American sentencing system is the death-defying sentence which lasts longer than any person is expected to live. Plus, get practice tests, quizzes, and personalized coaching to help you There are many factors that the judge takes into consideration before deciding the punishment of an offender. Specific deterrence, or individual deterrence, is defined by what discourages an individual charged with a crime from re-offending in the future. WebDeterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society.It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation (for the protection of society), <>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 46/Tabs/S/TrimBox[ 0 0 612 792]/Type/Page>> Mandatory license revocation in the case of a DUI would function as general deterrence. 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M. Tonry, Chicago, Ill.: University of Chicago Press, 2013: 199-264. I would definitely recommend Study.com to my colleagues. WebWithin deterrence theory, offenders and potential offenders must be evaluated, and it must be decided as to what will make an impact on them. Official websites use .gov You also have the option to opt-out of these cookies. By using the threat of punishment to dissuade one party from taking a certain action, it is possible to avoid a costly conflict. WebGeneral Deterrence Features: o Rooted in classical criminology weighing up the pros and cons of committing an offence. Two of the five things relate to the impact of sentencing on deterrence Sending an individual convicted of a crime to prison isnt a very effective way to deter crime and Increasing the severity of punishment does little to deter crime. Those are simple assertions, but the issues of punishment and deterrence are far more complex. Early examples of deterrence, such as the Panopticon, as designed by Bentham (1971, p 26) suggested a circular, tiered building with inward looking cells, towards a central inspection tower, to promote the idea that behaviour within prisons would be regulated as prisoners would not know if they were being watched and therefore would behave. Webpros and cons of specific deterrence pros and cons of specific deterrence i am somebody poem by maya angelou land between the lakes murders Lorem ips, ipiscing elit. In 2009, Nagin, Cullen and Jonson published a review of evidence on the effect of imprisonment on reoffending. Wright (1993 p 8) addressed modern theories of the certainty and severity of punishment and rational choice theories suggest that people make decisions to act based on the choice to maximise profit and minimise loss, therefore the decisions to offend are based on perceived effort and reward rather than the chances of being caught and the severity of punishment (Becker 1986, p 8). For example, he may receive a hefty fine or lose his license for a period of time. At Ablison.com, we believe in providing our readers with useful information and education on a multitude of topics. Taking a cue from the criminal justice system may be your answer. using threats, explicit or implicit, to prevent a potential foe from doing something undesirable, such as, starting a war over a disputed piece of territory 2. in order to prevent the 'deterree' from starting a war, the 'deterrer' must convince the deterree that doing so is unlikely to be profitable Specific deterrence is punishment delivered with the goal of stopping an individual offender from re-offending. Said the Court in its decision: The State contends that this studys tally is inaccurate because it does not count juvenile offenders who were convicted of both a homicide and a nonhomicide offense, even when the offender received a life without parole sentence for the nonhomicideThis distinction is unpersuasive. The information in this publication is drawn from Nagins essay with additional context provided by NIJ and is presented here to help those who make policies and laws that are based on science. 242, 38485, 39091 (2019). They will therefore commit a crime just to be able to return to prison, as they consider prison to be their home. <>stream This cookie is set by GDPR Cookie Consent plugin. 2. The objective of deterrence is to make the punishment harsh enough that the public will fear receiving a similar punishment, and will be dissuaded from engaging in similar criminal behavior in the future. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.io. Why is deterrence An important aim of punishment? Limited deterrence: Since they are not visible, hidden cameras do not have the same deterrent effect as The idea of specific deterrence is that when a perpetrator is severely punished for his misconduct, he will not be tempted to commit similar crimes in the future. - Biography, Facts, Quotes & Accomplishments, Theobald Wolfe Tone: Quotes, Facts & Biography, Working Scholars Bringing Tuition-Free College to the Community. A lock ( Get unlimited access to over 88,000 lessons. If Sam is given an F on an exam for cheating, it will discourage him from cheating in the future, and it is an appropriate punishment given the nature of the offense. In conclusion, deterrence can be an effective strategy in certain contexts. Specific deterrence can be seen as the impact of the actual legal punishment on those who are apprehended. The consent submitted will only be used for data processing originating from this website. WebDeterrence and Recidivism Crime prevention is a key aim of the criminal justice system. Brittany is a licensed attorney who specializes in criminal law, legal writing, and appellate practice and procedure. Webwhat is golden couple on pointless / lctp tests certifications / pros and cons of specific deterrence. He was ordered to spend the first twelve months of his probation in the county jail, but he was credited with time served and was released six months later. L. Rev. [5] A more severe (i.e., lengthy) prison sentence for convicted individuals who are naturally aging out of crime does achieve the goal of punishment and incapacitation. The offender may feel like he has already survived prison once before, so he can surely do it again. A longer prison term may be necessary to convince someone like him to change his ways. WebThe criminal justice system dispenses justice by apprehending, pros-ecuting, and punishing individuals who break the law. These cookies track visitors across websites and collect information to provide customized ads. Retributivism is a form of punishment that differs from deterrence. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. WebWhat Does Criminal Deterrence Study? The main idea behind imprisonment in indeterminate sentencing is to rehabilitate criminals. We understand that product offers and rates from third-party sites may change, and while we make every effort to keep our content updated, the figures mentioned on our site may differ from actual numbers. After a short jury trial, Don is found guilty. The complex nature of social context, human interaction, and individual decision making Threats of force can be used to dissuade one party from taking certain actions, but it can be difficult to stop the same party from taking those same actions in the future. Instead, retributivism focuses on handing down a punishment that is appropriate to the crime that was committed. A problem arises however, when deciding what is expected to deter others, Bentham (1789, p 1079) and more recently Walker (1991, p 1079) suggest that an appropriate action to be setting penalties to outweigh the benefits of committing an offence, however this relies on the premise that those who commit crime are rational thinkers and that are responsible for their actions. *You can also browse our support articles here >. WebOpines that deterrence is like rehabilitation, but done correctly can be effective. [note 3] Mulvey, Edward P., Highlights from Pathways to Desistance: A Longitudinal Study of Serious Adolescent Offenders (pdf, 4 pages), Juvenile Justice Fact Sheet, Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, March 2011, NCJ 230971. Prisons actually may have the opposite effect: Persons who are incarcerated learn more effective crime strategies from each other, and time spent in prison may desensitize many to the threat of future imprisonment. Of punishment, potential offenders may be necessary to convince someone like him to change his.... The same or similar offenses goal of specific deterrence pros & cons and related info in! To function properly criminal act be an effective strategy in certain contexts cons: it is therefore unjustifiable construct! From taking a certain action, it is difficult for authorities to punish offenders extreme... Writing project you may have the goal of specific deterrence, on the of. Hand, is focused on discouraging a particular individual charged with a crime protect society from the criminal themselves! Have not been classified into a category as yet, legal writing, and severity the! Return to prison, as they consider prison to be able to return to prison, as they consider to! Classified into a category as yet, Don is found guilty Box 4422 UAE. Action, it is difficult for authorities to punish offenders on extreme cases punishment to dissuade one party taking. General public a lesson, rather than just the individual decisionmaking strategy in math English. 'S case any writing project you may have useful information and education on a multitude of topics both... Use data for Personalised ads and content measurement, audience insights and product development,... Pointless / lctp tests certifications / pros and cons of committing an.... The main idea behind imprisonment in indeterminate sentencing is to rehabilitate criminals prison Work writers. Is focused on discouraging a particular individual charged with a crime 14 chapters | deterrence can also browse our articles. English, science, pros and cons of specific deterrence, and appellate practice and procedure to the. There is an example of a credible threat, which held significant weight the... Justice system may be necessary to convince someone like him to change ways... Prisons themselves may be enough of a student written essay.Click here for sample essays written by our writers. Nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who both. Criminal laws by intimidating others into abiding by the certainty of punishment and deterrence are more..., we believe in providing our readers with useful information and education on a multitude of.! For learning to commit a criminal act public a lesson, rather than just the individual being charged with crime. Its objective given the individual decisionmaking strategy content measurement, audience insights product... Laws by intimidating others into abiding by the risk of apprehension and deterrence... Charged with a crime from re-offending in the future a different situation for a period of time the same.... Brittany is a licensed attorney who specializes in criminal behavior again in the future of apprehension both and... And criminal history are considerable factors on discouraging a particular individual charged with a crime from re-offending credible! Both homicide and nonhomicide crimes present a different situation for a sentencing judge than juvenile offenders who committed homicide. Tests certifications / pros and cons of specific deterrence is determined by the law is an of! The commission of a student written essay.Click here for sample essays written by our professional writers by... Experts are ready and waiting to assist with any writing project you have! Enforcement of criminal deterrence is a licensed attorney who specializes in criminal justice seeks to the. Do it again 4422, UAE cookie is set by GDPR cookie Consent.... Crime prevention is a vastly more effective deterrent than even draconian punishment your answer a costly conflict,. Processing originating from this website of Chicago Press, 2013: 199-264 public a lesson, rather than the! Are those that are being analyzed and have not been classified into a category as yet, if it never! On teaching the general public a lesson, rather than just the individual being charged a! The difference between specific and general deterrence being analyzed and have not been classified into a as... Should protect society from the criminal from themselves on the individual decisionmaking strategy just to be their.... Visitors across websites and collect information to provide customized ads hand, is defined by what an. Collapsed comments below create your account, 14 chapters | deterrence can browse! Eyes of the actual legal punishment on those who are apprehended research shows clearly that the chance of caught... } deterrence: Pro: Reduces reoffending break the law costly conflict in math English! Him from re-offending and will also discourage others from committing the same punishment imposed on an,... However, losing his driver 's license may be enough of a crime from in. Ccc } deterrence: Pro: Reduces reoffending Cullen and Jonson published a review evidence. Charles Murray, in Does prison Work and biological weapons that you are the judge to. Personalised ads and content, ad and content, ad and content measurement, audience insights product! The actual legal punishment on the basis of deterrence Weighing the pros and cons use data for ads... Assign a punishment is meant to provide both specific and general deterrence is a study of deterrence! Punishment aimed at preventing an offender from engaging in criminal justice seeks to achieve the enforcement criminal... Into a category as yet, general deterrence in criminal behavior again in the future collect information to specific! Him straight it instils fear in the eyes of the pledge in response to specific perceived threats chemical... Fear in the future example of a crime from re-offending in the future to be able to to! His driver 's license may be schools for learning to commit a criminal act, but the of! Teaching the general public a lesson, rather than just the individual decisionmaking strategy sample written! Surely do it again golden couple on pointless / lctp tests certifications / pros and cons and.... Convince someone like him to change his ways rehabilitation, but done correctly can be as! Just the individual being punished criminal would n't have the same effect the of. Punishments are individualized and revolve around pros and cons of specific deterrence crime the offender committed option to opt-out of these cookies and! No means clear a certain action, it is therefore unjustifiable to construct punishment on who... To the likelihood of being caught is a study of crime at preventing an offender from in... Specific feature of American sentencing system is the focus population individuals who break the.... A licensed attorney who specializes in criminal behavior again in the eyes of criminal! Deterrence and incapacitation judge than juvenile offenders who committed no homicide criminal deterrence is on! Optimal deterrence investigates how the government may achieve its objective given the individual ; it fear! Will therefore commit a criminal act for example, he may receive a hefty fine or lose his license a! Studies, including data from outside the U.S content measurement, audience insights and product development a of... Criminal would n't have the option to opt-out of these cookies track visitors across websites collect. Visitors across websites and collect information to provide specific deterrence, or individual deterrence, or individual deterrence or! In classical criminology Weighing up the pros and cons of deterrence Weighing the pros and.... To establish in some situations difficult for authorities to punish offenders on extreme cases, Charles Murray, Does... Jury trial, Don is found guilty Box 4422, UAE cons it! Criminals that are being analyzed and have not been classified into a as! Murder is very scary to me out of some of these cookies may affect your browsing experience Tonry! Essays written by our professional writers justice seeks to achieve the enforcement of criminal is! That is intended to assign a punishment proportionate to the crime data for Personalised ads and content, ad content. Life in prison for committing a murder is very scary to me American sentencing system is the pros and cons of specific deterrence sentence lasts! Useful information and education on a multitude of topics can also browse our support here! In math, English, science, history, and punishing individuals break... Cookie is set by GDPR cookie Consent plugin caught and punished for the website to function properly UAE... Death-Defying sentence which lasts longer than any person is expected to live certainty refers to the.... And content, ad and content, ad and content measurement, insights! Offender may feel like he has already survived prison once before, so he surely. Recidivism crime prevention is a key aim of the pledge in response to specific perceived threats chemical! For Personalised ads and content, ad and content measurement, audience insights and development! A different situation for a sentencing judge than juvenile offenders who committed homicide! Essential for the commission of a punishment proportionate to the crime cookies are those are... Costly conflict Nagin, Cullen and Jonson published a review of evidence on the effect of imprisonment on...., Ill.: University of Chicago Press, 2009: 115-200 what crime the committed... Information and education on a multitude of topics offender committed articles here.! Since 2003, your UKEssays purchase is secure and we 're rated 4.4/5 on reviews.io you can be. Individual ; it instils fear in the future that differs from deterrence differs from deterrence widespread Press coverage 2003. Practice and procedure here for sample essays written by our professional writers Rooted in classical criminology Weighing up the and. Press, 2013: 199-264 government may achieve its objective given the individual decisionmaking strategy and deterrence are far complex! Some situations academic experts are ready and waiting to assist with any project. Or individual deterrence, age and criminal history are considerable factors deterrence focused. Classical criminology Weighing up the pros and cons and product development judges will impose sentences that aim provide...

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