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 | Does the death penalty deter homicides? |
| Support for capital punishment in North America |
| Political attempts to abolish the death penalty |
| State moratoriums and overhaul of legislation |
Does the death penalty deter homicides?
People murder for a variety of reasons and under many different situations e.g.:
| during domestic disputes, when passions are inflamed. |
| under the influence of alcohol or other drugs, when the perpetrator is not in rational control. |
| hit-men doing contract killings; they typically never expect to be arrested. |
| psychopaths and other mentally ill individuals who have little regard for human life and who are unable to accept responsibility for their actions |
| self-destructive individuals who believe that they deserve to die and want to be arrested and executed. |
| brain-damaged individuals, who experience periods of rage, and occasionally kill. |
With the exception of professional hit-men, very few people are in a rational frame of mind when they kill others. It may be hopeless to expect any form of punishment to act as a deterrent.
There are some indicators that the death penalty has no effect:
| From 1976 to 1996, the number of executions per year in the United States has increased from 0 to just under 60. The homicide rate per 100,000 population has remained constant at just under 10. 3 |
| Criminologists who belong to the American Society of Criminology, the Academy of Criminal Justice Sciences, and the Law and Society Association were polled. Over 80% believe that our current knowledge does not indicate a deterrent effect. 75% felt that increasing the numbers of executions or decreasing time spent on death row would not result in a deterrence. 4 |
| 67% of U.S. police chiefs do not believe that the death penalty significantly reduces the numbers of murders. 5 |
| In 1967, a study by Thorsten Sellin 6 compared the homicide rates between neighboring states in which some had the death penalty, and others did not. Sellin also compared murder rates before and after states either abolished or reinstated the death penalty. He found no statistically valid difference in rates in both cases. These results were summarized in a book by J.Q. Wilson. 7 The study might have been affected by the numbers of executions at the time; they had dropped to near zero in the U.S., so that even those states with death penalty laws on the books were not exercising them fully. |
| A 1998 research study conducted for the United Nations concluded: "This research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment. Such proof is unlikely to be forthcoming. The evidence as a whole still gives no positive support to the deterrent hypothesis." 8 |
There are some indicators that it acts as a deterrent:
| Police chiefs ranked the death penalty as least effective among 7 methods of reducing the homicide rate. 31% viewed reducing the usage of drugs as the most effective; 17% with a better economy and more jobs, 16% by simplifying court rules; 15% with longer prison sentences.....1% by expanding the use of the death penalty. | ||||||
| One writer 9 disagrees with the belief of most sociologists
that the death penalty does not deter murderers. Differing cultures in various states may
produce differing homicide rates. And those states with the higher murder rates might also
be those which retain the death penalty. He refers to:
|
There are some indicators that it acts as an anti-deterrent i.e. the death penalty actually increases the homicide rate:
| In 1996, those states which had the death penalty had an average murder rate of 7.1 per 100,000 population; those states which do not execute people had a homicide rate of 3.6. 3 |
| Comparing adjacent states where one state has the death penalty and the other does not, frequently shows that the states with capital punishment have a much higher homicide rate. 3 |
| A report of the Bureau of Justice Statistics showed that during 1996, Southern states, where about 81% of the executions are performed, have an average murder rate of 9 per 100,000 population. States in the Northeast are responsible for 1% of the executions and have a murder rate of 5.4 3 |
| A 1980 study of homicides in New York found that the average numbers of murders increased in the month following an execution 16 |
| A 1995 study of the annual percentage increases in homicide rates in California showed that murders increased 10% a year during 1952 to 1967 when the state was executing people. When the state performed no executions (1968-1991) the average rate of increase was less (4.8%) |
| Canada's homicide rate has dropped 27% since the death penalty was abolished in that country (for ordinary crimes) in 1976. For many years prior to 1976, the federal government had converted each death sentence to life imprisonment. |
| The FBI Uniform Crime Reports Division publication Crime in the US for 1995 reports that there were 4.9 murders per 100,000 people in states that have abolished the death penalty, compared with 9.2 murders in those states which still have the death penalty. "In no state has the number of murders diminished after legalizing the death penalty." 2 |
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Public support for the death penalty, and alternatives
The American Civil Liberties Union noted that in the 1960's and 1970's only a bare majority of Americans favored capital punishment. They believe that "mounting fear of crime, and the cynical manipulation of the death penalty issue by many politicians for their own political gain, led to a shift upwards." The death penalty now has broad public support in both the United States and Canada. 16
Surveys in the US and Canada regularly show that a sizable majority of adults are in favor of the death penalty for convicted murderers. Depending upon the exact question asked, 65 to 80% of adults are in favor of the death penalty. In 1984, individuals who give greatest support to capital punishment were found to be older, white, male, rich, urban dwellers, politically independent, and religious believers. 17 The numbers appear to increase when people perceive the crime rate as increasing.
Support varies with race and faith group: 18,19
| Faith Group | White | African-American |
| Fundamentalists | high level of support for death penalty | oppose death penalty |
| Evangelicals | various positions | oppose death penalty |
| Views: | ||
| More likely shaped by: | concern over criminal behavior | perceptions of the law &criminal justice system |
A serious deficiency of almost all public opinion polls is that they generally ask too simple a question: whether the subject is in favor of the death penalty or not. They rarely offer alternatives to execution in their polling questionnaires. One exception was an ABC News/Washington Poll released on 2001-MAY-2. It shows a public ambivalence towards the continuation of the death penalty. When asked whether or not they supported the death penalty, the public responded 63% in favor. This is a major reduction in support from the 80% level, seven years ago. Of even greater potential importance is that if life without parole is offered as an option, response is a statistical dead heat: 46% favor the death penalty; 45% favor life without any chance at parole. The ABC News/Washington Post poll also determined that most American adults believe that:
| The death penalty does not act as a deterrent. |
| The death penalty is applied unfairly across jurisdictions. |
| Innocent people are sometimes executed. |
51% of the public would support a nationwide moratorium while a commission studies whether the death penalty is being administered fairly. When they were told that just such a moratorium and study was underway in Illinois, their support rose to 57%. 22
Political attempts to abolish the death penalty:
| 1988 & 1994: Federal laws: New federal laws were passed that expanded the number of offenses punishable by the death penalty. Although there have been no federal executions for the past 36 years, 21 federal prisoners are on death row; one is expected to be electrocuted in early 2001. |
| 1999-NOV: Stop federal executions: Senator Feingold introduced bill S 1917, "Federal Death Penalty Abolition Act" in 1999-NOV. It would prevent any future federal executions and would prohibit the death penalty for violations of federal law. |
| 2000-JAN-31: IL temporary abolition: Governor G.H. Ryan of Illinois announced that he will create a moratorium on executions in that state until after an administration review of the death penalty. More details. |
| 2000-APR: Letter to the President: A number of religious groups wrote a letter to President Clinton calling on him to declare a moratorium on the federal death penalty. |
| 2000-APR: Bill introduced: According to the Unitarian Universalist Association of Congregations Washington Office for Faith in Action, Senators Feingold (WI) and Levin (MI) "introduced S 2463, a bill which would immediately suspend executions in the United States while a national commission reviews the administration of the death penalty. The moratorium would bar execution of individuals sentenced under either state or federal statutes. Currently 38 states have death penalty statutes on the books." The bill did not proceed. 20 |
| 2005-NOV-07: Catholic bishops heavily promoting end to death penalty: According to ReligionLink: "U.S. Catholic bishops say they want to 'seize a new moment and new momentum' in their 25-year campaign against capital punishment. They're set to approve a new statement urging an end to the death penalty at their Nov. 14-17 meeting at a time when advocates on both sides of the issue say that opinions are more in flux than they have been in years." 23 |
State moratoriums:
On 2000-JAN-31, Governor G.H. Ryan of Illinois announced a moratorium on executions in that state until after an administration review of the death penalty is completed. More details.
IN 2000-SEP, The Texas Civil Rights Project issued a report which called for a moratorium on executions in that state until changes can be made to the system. They recommended:
| Changes to the selection process for defense attorneys. The American Bar Association has established standards in this area which require lawyers to have at least five years experience, and training in defense of capital cases. |
| Defense attorneys should be paid at close to the market rates. |
| Financial compensation should be guaranteed to anyone who has been wrongfully convicted. |
| Prosecuting attorneys should be subject to lawsuits if they concealed evidence from the defense, knowingly used perjured testimony or knowingly used tainted evidence. They are currently immune from prosecution. |
| Creation of a life-without-parole sentence option for capital cases. |
| Allow jurors who have doubts about the fairness of the system to serve in capital cases. |
| Not allowing crimes, that a defendant has been accused of but not convicted of, to be mentioned during sentencing hearings. |
| Consideration of the use of two juries in capital cases: one to try the individual and the other to assign the sentence. |
| Restoration of the right of habeas corpus. |
| Reinstating the previous appeals legislation. |
| Guarantee that the inmate receive a new lawyer for appeals in death cases. |
| Guarantee DNA testing for any convict that requests it. |
| Overhaul the Board of Pardons and Paroles' procedures. |
| Alter legislation to ban the execution of persons who were minors at the time of the crime. |
| Alter legislation to ban the execution of developmentally disabled persons. |
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References used:
The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.
- "Federal death penalty," Friends Committee on National Legislation, at: http://www.fcnl.org/issues/cri/sup/dea_short.htm
- Alice Wolf, letter to constituents concerning her vote as a state representative for Mass. opposing the death penalty. See: http://alicewolf.org/death-penalty.htm
- "Facts about deterrence and the death penalty," at: http://www.essential.org/dpic/deter.html
- M. Radelet and R. Akers, "Deterrence and the Death Penalty? The Views of the Experts," (1995)
- Hart Research Associates poll of police chiefs, (1995). Quoted in 3 above.
- T. Sellin, "Capital Punishment," (1967)
- J. Q. Wilson, Thinking About Crime, 1983, pp. 181-183.
- R. Hood, "The Death Penalty: A World-wide Perspective," Clarendon Press, (1996), Page 238.
- Brad Watson, "The Dangers of Crime: Tools of Death and Destruction Save Lives," The Alligator, University of Florida. 1997-FEB-26, was at: http://www.alligator.org (report no longer available)
- Isaac Ehrlich, "The Deterrent Effect of Capital Punishment A Matter of Life and Death" American Economic Review, June 1975
- Isaac Ehrlich, "Capital Punishment and Deterrence: Some Further Thoughts," Journal of Political Economy, 1977.
- Kenneth Wolpin, "Capital Punishment and Homicide in England: A Summary of Results," American Economic Review, 1978-MAY.
- Stephen Layson, "Homicide and Deterrence: Another View of the Canadian Time-Series Evidence," Canadian Journal of Economics, February 1983.
- Stephen Layson, "Homicide and Deterrence: A Reexamination of the United States Time-Series Evidence," Southern Economic Journal, July 1985.
- L. Phillips and S. Ray, "Evidence on the Identification and Causality Dispute about the Death Penalty," Applied Time-Series Data, (1982).
- "Death Penalty," American Civil Liberties Union, at: http://www.aclu.org/issues/death/isdp.html
- J.E. Dison, "Changing Attitudes Toward Capital Punishment, 1972- 1982," presented to the American Society of Criminology, 1984. Cited in GSS at: http://www.icpsr.umich.edu/GSS/bib/bib585.htm
- R.L. Young, "Religious Orientation, Race and Support for the Death Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm
- R.L. Young, "Religious Orientation, Race and Support for the Death Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm
- CyberNewsletter of the Unitarian Universalist Association Washington Office, 2000-APR-28.
- "The Death Penalty in Texas," the Texas Civil Rights Project, issued 2000-SEP
- "ABC News/Washington Post poll: The death penalty revised," 2001-MAY-02.
- "DEATH PENALTY: Catholic bishops leading new push for change," ReligionLink, 2005-NOV-07, at: http://www.religionlink.org/
Copyright © 1995 to 2005 by Ontario Consultants on
Religious Tolerance
Originally published: 1995-JUN-8
Last updated 2005-NOV-08
Author: Bruce A Robinson
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