Deterrence

Stanford Law Professor Debunks Myth That The Death Penalty Deters Murder

In an op-ed for Newsweek, Stanford Law Professor John Donohue argues that there is "not the slightest credible statistical evidence that capital punishment reduces the rate of homicide" and presents data to show that the death penalty is not an effective deterrent. Comparisons between neighboring jurisdictions show no effect of capital punishment: "Whether one compares the similar movements of homicide in Canada and the U.S., when only the latter restored the death penalty, or in American states that have abolished it versus those that retain it, or in Hong Kong and Singapore (the first abolishing the death penalty in the mid-1990s, and the second greatly increasing its usage at the same), there is no detectable effect of capital punishment on crime." He cites a 2012 study by the National Academy of Sciences, which, "concluded that there was no credible evidence that the death penalty deters homicides." He also appeals to the psychology of crime and punishment: "Since murderers typically expose themselves to far greater immediate risks, the likelihood is incredibly remote that some small chance of execution many years after committing a crime will influence the behavior of a sociopathic deviant who would otherwise be willing to kill if his only penalty were life imprisonment." Donohue argues that a more effective way of reducing murders "is to take the resources that would otherwise be wasted in operating a death penalty regime and use them on strategies that are known to reduce crime," such as improved policing. Donohue concludes, "With zero evidence that the death penalty provides any tangible benefits and very clear indications of its monetary, human and social costs, this is one program about which there can be little debate that its costs undeniably outweigh any possible benefits."

National Polls Show Historic Declines in Support for Death Penalty

“Counties"(Click image to enlarge) Polls released this week by Pew Research Center and CBS News show that public support for the death penalty has declined to near historic lows. Both polls reported that 56% of Americans support the death penalty. That is the lowest level of support ever recorded by the CBS News poll, and near the lowest level reported by Pew in the last 40 years. The Pew poll examined levels of support by political party and found that the decline in support for the death penalty is particularly striking among Democrats, with just 40% saying they support it now, compared to 71% who did in 1996. While 63% viewed the death penalty as a morally justified punishment for murder, most (71%), said there is some risk of executing innocent people, and 61% said they do not believe it deters serious crimes. Support for the death penalty is lowest among racial minorities (34% of blacks and 45% of Hispanics support it), women (49%), and Catholics (53%).  Large drops in support for the death penalty between 2011 and 2015 were reported among liberal Democrats (11 percentage points), women (10 points), those under age 30 (8 points), and conservative Republicans (7 points).

NEW VOICES: Warden Says Death Penalty Imposes "Immeasurable Burden" on Correctional Officers

Former prison warden, Frank Thompson, has urged repeal of Delaware's death penalty.  In an op-ed for The News Journal of Delaware, the former warden, who has personally overseen two executions, describes "the immeasurable burden that th[e execution] process places on correctional officers" and the trauma experienced by correctional officers who must carry out executions. Thompson says, "Many of us who have taken part in this process live with nightmares, especially those of us who have participated in executions that did not go smoothly. Correctional officers who carry out execution can suffer from post-traumatic stress, drug and alcohol addiction, and depression." He explains that capital punishment does nothing to "increase the safety of prison staff or inmates." "Every warden in America knows the established protocols that effectively keep prisons safe for corrections staff and inmates," he says. "These include programs to treat inmates with alcohol and drug dependency or mental illnesses, appropriate inmate-to-staff ratios for the proper supervision of prisoners, adequate activities and work programs, and effective classification systems that provide guidance on how to properly house and program inmates...I am not aware of and have not heard of a single prison administrator who would trade any of these programs or resources in order to keep the death penalty." Thompson concludes by calling on the Delaware legislature to "repeal its death penalty and lead the way on smarter crime prevention policy by reinvesting the millions of dollars that the state currently spends on capital punishment into programs that will actually improve public safety." Read the full op-ed below.

STUDIES: Death Penalty Had No Effect on Reducing Crime

A new study by the Brennan Center for Justice examined several possible explanations for the dramatic drop in crime in the U.S. in the 1990s and 2000s. Among the theories studied was use of the death penalty, which the report found had no effect on the decline in crime. The authors explained, "Empirically, capital punishment is too infrequent to have a measureable effect on the crime drop. Criminologically, the existence and use of the death penalty may not even create the deterrent effect on potential offenders that lawmakers hoped when enacting such laws." The authors noted criminals do not consider the consequences of their actions, particularly when the consequence is rarely applied, as in the case of the death penalty. "Much psychological and sociological research suggests that many criminal acts are crimes of passion or committed in a heated moment based only on immediate circumstances, and thus potential offenders may not consider or weigh longer-term possibilities of punishment and capture, including the possibility of capital punishment." They concluded, "In line with the past research, the Brennan Center’s empirical analysis finds that there is no evidence that executions had an effect on crime in the 1990s or 2000s." Ultimately, they attributed drop in crime to various social changes and policing tactics, with increased incarceration having no effect in the 2000s and only minimal effect on property crime in the 1990s.

FBI Reports Continued Decline in Police Officers Killed

On November 24, the FBI released a report on law enforcement officers killed in the line of duty in 2013. Twenty-seven (27) officers were killed in "felonious acts," a 45% drop compared to 2012, when 49 officers were killed, and a 53% decline since 2004. Most (15) of the 27 officers killed were in the South, with Texas having the highest number of any state (6). Six officers were killed in the West, four in the Midwest, and only two in the Northeast. California had the second highest number, with 5. In 26 out of the 27 incidents, officers were killed by firearms. Forty-nine (49) other officers died as a result of accidents.

NEW VOICES: Retired Police Captain Says Repealing Death Penalty Is "Smart on Crime"

Jim Davidsaver, a retired police captain with over 25 years experience in the Lincoln (Nebraska) Police Department, recently advocated for repeal of the state's death penalty from a law enforcement perspective. In an op-ed in the Lincoln Journal-Star, Davidsaver said, "[M]y professional experience has shown me that our state’s death penalty doesn’t keep us any safer. Its exorbitant cost actually detracts from programs that would promote the overall health, safety and welfare of our communities." He highlighted the financial tradeoff between the death penalty and other crime prevention measures: "The millions of dollars we’ve spent on the death penalty would have been much better invested in more police officers, additional resources or training for our current officers." He concluded, "The cheaper, more intelligent alternative for our state is life without the possibility of parole. Repealing the death penalty does not mean we are ‘soft’ on crime. It means we are smart on crime."

STUDIES: Murder Rate Highest in South; Northeast Has Sharpest Decline

REGION 2013 Murder Rate 2012 Murder Rate Mur
Northeast 3.5 3.8
West 4.0 4.2
Midwest 4.5 4.7
South 5.3 5.5
NATIONAL 4.5 4.7

 On November 10 the Justice Department released its annual Uniform Crime Report for 2013. The report revealed an overall decline of 5.2% in the national murder rate. The Northeast had the lowest murder rate--3.5 murders per 100,000 people--and the sharpest decline from last year. The South again had the highest murder rate (5.3). The West had the second-lowest murder rate (4.0), followed by the Midwest (4.5). The states with the highest murder rates in the country were Louisiana (10.8) and Alabama (7.2). The states with the lowest rates were Iowa (1.4) and Hawaii (1.5). The Northeast has also had the fewest executions in the modern era, with 4, and none since 2005. The South has had the highest number of executions (1,132) since 1976. The average murder rate for states with the death penalty (4.4) was higher than the average rate for states without the death penalty (3.4).

Federal Judge in California Rules State's Death Penalty Unconstitutional

In a sweeping ruling on July 16, U.S. District Court Judge Cormac Carney held that California's death penalty is so dysfunctional as to amount to cruel and unusual punishment. Vacating the death sentence of Ernest Jones, who has been on death row for almost 20 years, Judge Carney said the punishment cannot serve the purposes of deterrence or retribution when it is administered to a tiny select few, decades after their sentencing: "Inordinate and unpredictable delay has resulted in a death penalty system in which very few of the hundreds of individuals sentenced to death have been, or even will be, executed by the State. It has resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed. And it has resulted in a system that serves no penological purpose. Such a system is unconstitutional." Read the Court's Opinion.

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