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The Limits of Deterrence

That the prospect of jail and financial ruin can act as deterrent factors is demonstrated by the many cases in which an attacker merely wanted “to teach a lesson,” particularly in carok attacks over women.

Jail sentences for murder range from four to twenty years. The accused must often sell cattle to pay fines or bribes to affect the outcome of the trial or free family members imprisoned as witnesses. Fear of jail, further impoverishment, or physical injury all act as deterrents (although letting it be known that one “almost com­mitted carok” can also be a cheap way of saving face). The word fear (tako') is used to describe fear of police and judicial sanctions, fear of powers an enemy might possess, but never fear of the enemy himself. The degree of deterrence is open to question, however, where faith in the police and judicial system is less than total.

More than one subdistrict police station is known for carrying out or encouraging summary killings of petty thieves. A significant number of convictions are overturned on appeal, on the basis of insufficient proof or a determination that the confessions were ex­tracted under police coercion. While police brutality during questioning is common, many believe that acquittals on appeal are due to judicial corruption. The usual reasoning is that acquittal must come from higher courts to prevent reprisals on local judicial au­thorities by families of the victims. The perceptions that irregularities exist no doubt af­fect the cost-benefit calculations for protagonists, blunting whatever deterrent effect the law might have.

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Source: Anderson M. (ed.). Cultural Shaping of Violence: Victimization, Escalation, Response. West Lafayette: Purdue University Press,2004. — 330 p.. 2004

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