Deterrence

Deterrence can be divided into two types: general and specific. Regarding supermax prisons, general deterrence refers to discouraging general population inmates from engaging in seriously disruptivebehavior due to the threat of placement in supermax confinement. Specific deterrence refers to the actual experience of supermax confinement discouraging future deviance among inmates who are placed there. For deterrence to work, it was theorized long ago that the punishment associated with a criminal act or prison violation must be swift, certain, and proportionate to the offense committed.

The criminal justice system is often portrayed as incapable of achieving or sustaining deterrent out-comes for a variety of reasons, such as an overburdened court system that delays punishment and extensive plea bargaining which dilutes the punitiveness of criminal sanctions. However, the prison disciplinary system is quite different from the criminal justice system. One fundamental difference is that punishment for prison rule violations is more swiftly imposed than in the criminal justice system. Prisoners are afforded limited due process protections when misconduct is reported. In addition, conduct adjustment boards are not as backlogged as the criminal courts. Accordingly, it is likely that judgments regarding misconduct that might result in supermax housing are quickly determined.