NCJ Number
46358
Date Published
1976
Length
15 pages
Annotation
THE COMMONLY ACCEPTED PROPOSITION THAT THE DEATH PENALTY DOES NOT DETER CRIME IS CHALLENGED; INSTEAD, IT IS ARGUED THAT SOCIAL SCIENTISTS CANNOT MEASURE A NEGATIVE THESIS BUT THAT DATA DOES NOT DENY POSSIBLE DETERRENCE.
Abstract
CONVENTIONAL WISDOM HOLDS THAT THE DEATH PENALTY DOES NOT DETER CRIME. VAN DEN HAAG IS ONE OF THE FEW WHO HAS ARGUED THAT LACK OF EVIDENCE OF DETERRENCE IS NOT THE SAME AS PROOF OF NO DETERRENCE. THIS STUDY COMPILES SEVERAL STUDIES WHICH INDICATE THE STATUATORY PUNISHMENTS FIX A 'DEGREE OF SEVERITY' IN THE PUBLIC CONSCIOUSNESS. A PRISON TERM IS SEEN AS MORE SEVERE THAN A FINE. A LONGER PRISON TERM IS CONSIDERED MORE SEVERE THAN A SHORT ONE. TO BE EFFECTIVE, THE PENALTY MUST BE PUBLIC KNOWLEDGE. TO DATE ALMOST ALL RESEARCH ON THE DETERRENT EFFICACY OF THE DEATH PENALTY HAS IGNORED THIS RELATIONSHIP. THE TYPICAL STUDY CONSIDERS ONLY THE RELATIONSHIP BETWEEN THE STATUTORY DEATH PENALTY AND THE CRIME RATE WITHOUT CONSIDERING DEGREE OF APPLICATION OF THE DEATH PENALTY, DEGREE OF PUBLIC KNOWLEDGE ABOUT APPLICATION OF THE DEATH PENALTY, AND PERCEPTION OF PUNISHMENT BY THE CRIMINAL. ALSO GENERAL HOMICIDE RATES ARE USUALLY USED FOR THESE STUDIES WHILE CAPITAL CRIME RATES ARE USUALLY 7 TO 20 PERCENT OF THE TOTAL HOMICIDE RATE. ALSO, USE OF ADJACENT STATES TO COMPARE CRIME RATES IS NOT SOUND MATCHING; YET THIS TYPE OF RESEARCH DESIGN IS COMMON. IF LEGISLATURES OPERATE ON THE THEORY THAT NOTHING MORE THAN A STATUTORY PROVISION FOR THE DEATH PENALTY IS NEEDED TO REDUCE THE CRIME RATE, THEY WILL PROBABLY FIND THAT THE MERE PASSAGE OF A LAW WILL HAVE LITTLE DETERRENT EFFECT. HOWEVER, THERE IS LITTLE RESEARCH ON THE EFFECT OF A CONSISTENTLY ENFORCED AND WELL PUBLICIZED CAPITAL PUNISHMENT LAW. NOTES AND REFERENCES ARE PROVIDED. (GLR)