Deterrence theory and criminality in the Philippines
Additional revisions to the theory in the 1980s introduced the concept of “perceptual deterrence,” which suggests that subjective perceptions of certainty, swiftness, and severity are more likely to affect behavior than objective or actual levels of punishments. That is, even if the death penalty is the actual punishment as mandated in the books, if people perceive that they will not be as severely punished, then they will not be deterred.
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Thus, the certainty, swiftness, and severity of punishments for the rich Filipinos are qualitatively different from the poor Filipinos.
Rich Filipinos are therefore likely to commit crimes because of the perception of impunity – that they can get away with crime. They know that punishments are severe, but they know that they have the connections, the resources, and the power to absolve them of punishments. That is the pathway for rich Filipinos in committing violent, political, and environmental crimes. A few rich Filipinos can also be charged with an offense, be convicted, and put in prison, but only if their victims are richer, more powerful, or more connected than they are. This may also happen when the media (and social media) takes cognizance of the blatant disregard of a rich Filipino of the laws of the land. Still, the rich Filipino offender can explore different possibilities, legal and otherwise, to soften the consequences of their criminal acts.
Poor Filipinos, however, receive the full brunt of deterrence – they are likely to be meted the maximum penalty and they will likely serve their full sentences. However, these objective penal realities are not usually known to them before their entanglement in the criminal justice system. Thus, poor Filipinos are likely to commit crimes because they are unaware of the severity of the consequences of their actions: they are usually ignorant of the fact that using and possessing less than one gram of shabu can land them a life sentence in prison, that stealing a pair of shoes at SM Department Stores can land them 12 years in jail, that abusing their wife and kids can land them years in detention.