An Examination of the Reconceptualized
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AN EXAMINATION OF THE RECONCEPTUALIZED DETERRENCE THEORY: EXPERIENCES OF CRIMINAL JUSTICE COLLEGIATE STUDENTS, DRUNK DRIVING AND AN APPLICATION OF PUNISHMENT AVOIDANCE A Thesis Presented to the faculty of the Division of Criminal Justice California State University, Sacramento Submitted in partial satisfaction of the requirements for the degree of MASTER OF SCIENCE in Criminal Justice by Arianna Cheyenne Perez SPRING 2018 © 2018 Arianna Cheyenne Perez ALL RIGHTS RESERVED ii AN EXAMINATION OF THE RECONCEPTUALIZED DETERRENCE THEORY: EXPERIENCES OF CRIMINAL JUSTICE COLLEGIATE STUDENTS, DRUNK DRIVING AND AN APPLICATION OF PUNISHMENT AVOIDANCE A Thesis by Arianna Cheyenne Perez Approved by: __________________________________, Committee Chair Jennie Singer, Ph.D. __________________________________, Second Reader Kim Schnurbush, Ph.D. ____________________________ Date iii Student: Arianna Cheyenne Perez I certify that this student has met the requirements for format contained in the University format manual, and that this thesis is suitable for shelving in the Library and credit is to be awarded for the thesis. __________________________, Graduate Coordinator ___________________ Sue C. Escobar, J.D., Ph.D. Date Division of Criminal Justice iv Abstract of AN EXAMINATION OF THE RECONCEPTUALIZED DETERRENCE THEORY: EXPERIENCES OF CRIMINAL JUSTICE COLLEGIATE STUDENTS, DRUNK DRIVING AND AN APPLICATION OF PUNISHMENT AVOIDANCE by Arianna Cheyenne Perez Extant literature distinguishes the processes of deterrence by referencing two distinct populations, either the general public or the punished offender. Stafford and Warr (1993), however, assert that these distinctions limit the various experiences individuals may have within these populations. To claim that one’s direct and indirect experiences with punishment is the only relevant consideration in predicting their future behavior is to ignore the potential effects of direct and indirect experiences with punishment avoidance. As such, punishment avoidance should be considered analytically distinct from the other two processes of deterrence, as individuals may be fused between both types of experiences. With this implementation, general and specific deterrence within the traditional deterrence theory become conceptually problematic and restrictive in both practice and when measuring deterrence. Punishment avoidance expands the reconceptualized deterrence theory into four relevant experiences that any individual may have. A such, this study utilized the v criminal offense of driving under the influence of alcohol to measure the significance of the punishment avoidance inclusion into the reconceptualized deterrence theory. _______________________, Committee Chair Jennie Singer, Ph.D. _______________________ Date vi ACKNOWLEDGEMENTS I would like to express my sincere gratitude to my committee members. Dr. Singer, thank you for your expertise throughout this process and for your guidance in researching and writing my thesis. I have been able to complete this rigorous program in two years with not only your patience, but your words of encouragement and continuous motivation. Dr. Kim, it has been with our back and forth middle of the night emails and weekly office hour appointments that have kept me sane and steered me in the onward and upward direction. The harsh demands of this program felt crippling at times, and this easily became the most grueling journey throughout my academic studies. I was full of tears and on the verge of quitting a handful of times, but the thought of submitting to defeat motivated me even more; your reassurance helped me persevere. Dr. Singer and Dr. Kim, your time spent with me away from the classroom has allowed me to create a product that reflects my aptitude and diligence – a product that I am so proud of. Both of you have helped me envision a fulfilling future for myself that I will confidently pursue and attain post-graduation. Alongside my committee, I would like to extend my appreciation to Dr. Getty for his remarkable desire to help students excel. Thank you for your insightful comments, whether I wanted to hear them or not, and your arduous coursework each semester. Both allowed me to capitalize on every subject and opportunity that was important to me. While I am not sure whether I lost more hair or sleep because of your assignments, I am totally sure that your encouragement for myself and for my cohort are what inspired us to continue putting words on paper. vii I must thank my incredible cohort – the individuals whom I will forever call my brother and sisters. Each of you learned my weaknesses, then challenged me for two years to build them into strengths – and for that, I am grateful. Thank you for the distressed vent sessions, the stimulating discussions and the passionate debates. Thank you for the countless hours spent inside of the classroom together and for understanding me in a space that only all of us can appreciate. With my deepest gratitude, thank you for being my group of angels that harrowing night on October 1, 2017. Thank you for believing in me. The Las Vegas Route 91 Harvest Festival is a part of me that I will always carry, and with that, I will forever carry all of you. Thank you from the bottom of my heart for welcoming me home with kind hearts, warm hugs, thoughtful words and a new pair of Rainbow’s – for that is what has alleviated some of the pain, but what has truly helped me regain my strength, motivation and passion to finish this already challenging process. I am grateful for my lone cohort brother, Tim Kauer. I have relied on you for words of reassurance when I discounted myself as a student. You have been a vital source of empowerment, and I sincerely thank you for that. You are the strong person that another strong person needs when they are doubtful. Conversations with you are always insightful, therapeutic and liberating. You will forever be my right-hand man. I owe my deepest appreciation to a dear friend that I gained because of this program, Sonia Boyal. You have been my ultimate confidant, and the only person who has had a similar graduate experience from day one. Although our cohort has been our greatest support system, you have been my greatest alliance. We spent hundreds of hours viii with each other at Starbucks and the library working endlessly on our theses and coursework. Our work ethic, ambition and aspirations are alike, and I am so thankful for our bond. Dr. Getty dubbed you and I The Force for a reason. We synchronized our graduate school studies at a pace that was both physically and emotionally demanding and exhaustive, but tremendously rewarding. This was an unparalleled experience – thank you for sharing it with me. I am so incredibly proud of you, and of us. I would like to thank the faculty members that allowed me to use their class time to successfully collect primary data from their students. Also, thank you to the students that participated in this research, as that allowed my ambitious thesis to come to fruition. An enormous thank you to Ellice Ramm, my statistician, for her immense knowledge and valuable involvement in analyzing my data and transcribing my results. I must express my very profound gratitude to my friends and family for providing me with the unfailing support and continuous encouragement throughout my years of study – especially through the process of researching and writing this thesis. This accomplishment means much more to me than another degree because of all that I have conquered outside of the classroom. Each of you were tremendously vital in that journey, and I am eternally grateful for each of your roles in my life. Thank you. My ultimate appreciation is for you, Gramps. You raised me by the same words that you continue to remind me of, that I could have anything that I want in this world and that I am more than capable of achieving whatever that may be. Here I am because of you. I love you more, always – this is for you. ix TABLE OF CONTENTS Page Acknowledgments ...................................................................................................... vii List of Tables ............................................................................................................ xiv List of Figures ............................................................................................................. xv Chapter 1. INTRODUCTION AND STATEMENT OF THE PROBLEM….………………. 1 Statement of the Research Problem .................................................................. 7 Study Purpose ................................................................................................ 10 2. LITERATURE REVIEW ...................................................................................... 14 Theoretical Framework ................................................................................... 15 Historical foundation of classical criminology ................................... 16 Historical foundation of deterrence theory ......................................... 18 Contemporary foundation of deterrence theory .................................. 20 General deterrence .................................................................. 20 Specific deterrence .................................................................. 21 Punishment avoidance ............................................................ 22 Drinking and Driving ...................................................................................... 22 Definition of driving under the influence