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Capital Punishment

Deterrent Effect



Since the turn of the twentieth century, many studies have been conducted on the deterrent effect of capital punishment. More often than not, the results have proved inconclusive; no hard evidence exists to verify the theory that the threat of such a harsh punishment will sway criminals from their actions. In fact, some statistics indicate that the opposite is true; in some instances, states that employ capital punishment have a higher incidence of HOMICIDE than neighboring states that do not employ the death penalty.



The execution chamber at California's San Quentin State Prison.
AP/WIDE WORLD PHOTOS

The U.S. Supreme Court justices in the Furman case, both concurring and dissenting, often referred to studies that showed no conclusive correspondence between capital punishment and the frequency with which capital crimes were committed. A later accounting revealed that during the moratorium on capital punishment, from 1967 to 1976, the national homicide rate nearly doubled. Since then, depending on the study conducted, evidence has been presented to show that capital punishment has no deterrent effect; that the implementation of the death penalty is directly related to a decrease in capital crime; and that the implementation of the death penalty is directly related to an increase in capital crime.

Although some opponents of the death penalty are quick to argue that capital punishment has no deterrent effect, many supporters feel that the purpose of capital punishment is retribution, not deterrence. Many individuals, especially those with close ties to the victims, are more often concerned that the particular convicted criminal pay for the crime than that other persons be deterred through punishment of the perpetrator.

Additional topics

Law Library - American Law and Legal InformationFree Legal Encyclopedia: Bryan Treaties (Bryan Arbitration Treaties) to James Earl Carter Jr. - Further ReadingsCapital Punishment - Cruel And Unusual Punishment, The Costs Of Capital Punishment, Evolving Standards Of Decency, Capital Punishment For Dwi-related Offenses