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All this is well and good. But it does not give me an answer to my question on the law of identi.ed consequences – the same question posed by Dershowitz and Dostoyevski. Can we sacri.ce one known innocent person to save the lives of a hundred unknown innocent humans? This is where I go back sheepishly to my undergraduate law class on Jurisprudence. I am bound to .nd in my third year law notes that Bentham, one of the most in.uential utilitarians, who argued that the right act or policy was that which would cause “the greatest happiness of the greatest number” might have favored sacri.cing an innocent life to save more lives, and that Kant, with his categorical imperative as the central philosophical concept of his moral beliefs – that human beings occupy a special place in creation and that morality can be summed up in one, ultimate commandment of reason, or
C. Emerging Threats
imperative, from which all duties and obligations derive, might have totally rejected
the idea of sacri.cing even one innocent life.
Thomas Hobbes, on the other hand, is an enigmatic source on this issue. His philosophy, found in his Leviathan, is, “do not that to another, which thou wouldst not have done to thyself”. Does he mean, do not sacri.ce the innocent child as you would not like to be sacri.ced in a similar manner? Or would he say, as he has, that a human’s primary right is self defense against a violent death and because man is constantly at war and his life is “Solitary, poor, nasty, brutish and short, one human sacri.ce could be natural consequence of the exercise of self defense?”
III. Deterrence
Studies have shown that stringent measures, when adopted against a particular type of crime belonging to a generic group (such as hijacking in the spectrum of unlawful interference against civil aviation) would be effective enough to reduce that particular type of crime. However, it might give rise to increase in other forms of crime belonging to that generic group. Called the displacement theory, this pattern has applied in particular to civil aviation, as seen in the decrease in offences against aircraft after the events of 11 September 2001.
In order that basic strategies are employed for preventing crime and to combat crime when prevention is impossible, crime prevention strategies adopt two meth-ods of combating crime. The .rst method is to prevent or stop potential criminal acts. The second method is to apprehend and punish anyone who commits a criminal act. These methods follow the philosophy that the prevention of crime can be achieved by increasing the probability of apprehension and applying severe penal sanction to a crime. For example, installation of metal detectors at airports increases the probability of detecting and apprehending potential hijackers or saboteurs. Theoretically the high risk of being apprehended decreases the potential threat and the stringent penal sanction that may apply consequent to such appre-hension compound the ominous quality of the preventive means taken.
Many studies focus on aspects of the deterrence theory with the application of the theory to the varied effects of criminology applications on various modes of crimes. These studies relating to the prevention of crime attracted interesting conclusions which went on to re.ect that increasing certainty and the severity of punishment reduced the rate of homicide in the United States. It was found by one study that the effect of severity was greater than that of certainty. There were negative correlations between certainty of imprisonment and total felonies. Another observation was that increasing certainty of punishment decreased the incidence of homicide, robbery, assault, burglary, larceny and auto theft. It was also found that certainty appeared to have an independent effect separate from severity of punishment. In view of the fact that effects of severity decreased as certainty of punishment decreased, it would be reasonable to conclude that it is better for policy to concentrate on increasing certainty in order that such an approach would be more effective.
　
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