News and Developments 2012: Deterrence

COMMENTARY: Death Penalty Climate Changing

Commentary from nationally syndicated columnist E.J. Dionne (pictured) and the New York Times reflected on the changing state of the death penalty in the U.S. in light of recent developments. Dionne cited the repeal of the death penalty in Connecticut as an example of a "remarkable pivot in the politics of the death penalty, the premier issue on which an overwhelming consensus favoring what’s taken to be the conservative side has begun to crumble."  He observed that "significant groups of libertarian Republicans and opponents of abortion have crossed to the repeal side." In an editorial titled "The Myth of Deterrence," the New York Times noted that "a distinguished committee of scholars working for the National Research Council has now reached the striking and convincing conclusion that all of the research about deterrence and the death penalty done in the past generation . . . should be ignored."  The Times concluded that other states should follow Connecticut’s lead in repealing the death penalty.  Read full texts below.

NEW VOICES: Jimmy Carter, Former President and Nobel Peace Prize Winner, Calls for End to Death Penalty

In a recent op-ed in the Atlanta Journal-Constitution, former U.S. President Jimmy Carter called for the end of the death penalty. President Carter cited the risk of wrongful executions, the lack of evidence of deterrence, and the costs of prosecution as reasons to abolish capital punishment. He wrote, “[T]here has never been any evidence that the death penalty reduces capital crimes or that crimes increased when executions stopped. Tragic mistakes are prevalent. DNA testing and other factors have caused 138 death sentences to be reversed since I left the governor’s office. The cost for prosecuting executed criminals is astronomical. Since 1973, California has spent roughly $4 billion in capital cases leading to only 13 executions, amounting to about $307 million each.” President Carter also cited the unfair application of the death penalty as an especially compelling reason for repeal: “Perhaps the strongest argument against the death penalty is extreme bias against the poor, minorities or those with diminished mental capacity. Although homicide victims are six times more likely to be black rather than white, 77 percent of death penalty cases involve white victims. Also, it is hard to imagine a rich white person going to the death chamber after being defended by expensive lawyers. This demonstrates a higher value placed on the lives of white Americans.” Read full op-ed below.

DETERRENCE: National Research Council Concludes Deterrence Studies Should Not Influence Death Penalty Policy

A report released on April 18 by the prestigious National Research Council of the National Academies based on a review of more than three decades of research concluded that studies claiming a deterrent effect on murder rates from the death penalty are fundamentally flawed. The report concluded: “The committee concludes that research to date on the effect of capital punishment on homicide is not informative about whether capital punishment decreases, increases, or has no effect on homicide rates. Therefore, the committee recommends that these studies not be used to inform deliberations requiring judgments about the effect of the death penalty on homicide. Consequently, claims that research demonstrates that capital punishment decreases or increases the homicide rate by a specified amount or has no effect on the homicide rate should not influence policy judgments about capital punishment." (emphasis added).  Criminologist Daniel Nagin of Carnegie Mellon, who chaired the panel of experts, said, “We recognize this conclusion will be controversial to some, but nobody is well served by unfounded claims about the death penalty. Nothing is known about how potential murderers actually perceive their risk of punishment."