Observations of human behavior, the opinions of criminals themselves, simple facts about crime and punishment and sophisticated statistical studies all indicate that what matters most to prospective criminals is the certainty and severity of punishment. In other words, negative incentives matter in the business of crime. Though hardly a perfect substitute for these brakes on criminal behavior, punishment meted out by the justice system remains a vital complement to minimal morality. For years the U.S. criminal justice system lacked the will or the teeth to punish, especially in dealing with juveniles. But in the past few years deterrence has reasserted itself and has driven crime down.
Evidence abounds that law-abiding citizens respond to incentives.
We know that criminals avoid knowingly committing crimes in front of the police, which explains why the police interrupt so few crimes in progress. We also know that prison and jail officials manage 1.8 million inmates daily, some of them bad or vicious, with almost no incidents. Through disciplinary measures that inmates heed and respect. The reality is that the threat of bad consequences, including retribution posed by the legal system, protects life and property against predation. If men were angels, as James Madison said, we'd have no need of government.