Is Capital Punishment a Successful Form of Deterrent?

Words by Shannon Siow

7 December 2020

Capital Punishment (CP) or death penalty involves ending the life of a criminal legally. According to Zimmerman (2006), from the point of death sentence, there exist an average of six years before criminals are executed. Additionally, he shares a total of five execution methods - electrocution, lethal injection, lethal gas, hanging, and firing. Lethal injection is most common in most states. From 1977 to 2008, 1185 criminals were sentenced for CP (Chalfin et al., 2013). Six countries contributed significantly to these numbers, including USA, China, Pakistan, Iraq, Iran, and Sudan (Gray, 2011). Debates on CP concentrate on its ethicality, where it is frequently suggested to go against human rights, especially if minors or individuals with mental health conditions are concerned (Zimmerman, 2006). As such, initiatives propagating the abolishment of CP have been rising, one of which is led by Amnesty International that began in 1977 (Shetty, 2014). Shetty (2014) shares that most countries are abolitionist with around one-third remaining retentionist. Efficacy of Capital Punishment One of the most discussed areas regarding CP pertains to its efficacy in deterring future violent crimes. Generally, the efficacy of CP is highly mixed (Kirchgassner, 2011). There is some evidence of effectiveness, but they coincide with a myriad of opposing findings. Firstly, Zimmerman (2006) found that only CP through electrocution successfully deters murder rates, quoting the Economic Theory of Crime to support his findings – the more severe the punishment of a crime, the least likely one will commit it. Electrocution is hence, perceived as a more brutal form of CP. Secondly, Zimmerman (2006) discovered deterrence effects on homicide, where Shepherd (2004) added that around three homicides are avoided with each execution (as cited in Kirchgassner, 2011). Dezhbakhsh and Shepherd (2006) went on to suggest that each execution prevents eight deaths, and Zimmermann (2004) suggests CP prevents 19 deaths instead (as cited in Kirchgassner, 2011). However, the aforementioned studies have been criticised for the reliability of their results, such as through accusations of data-mining and other methodological flaws that produced false significant results. On the other hand, we see studies that posit CP is not a successful deterrent. In-depth research conducted by the United Nations in 1988 and revised in 1996, 2002, and 2008 imply a lack of deterrence effects (as cited in Shetty, 2014). Similarly, Jongmook (2010) argues for the ineffectiveness of CP in deterring violent crimes considering data from 1995 to 2006. Other reasons entail prospective criminals’ belief that chances of being apprehended are low, and if people are at a state where they are driven to commit crimes that potentially result in CP, CP probably does not scare them anymore (Gray, 2011). Moreover, deterrence solely by CP does not account for all law-abiding behaviours, there is a multitude of other factors [DS1] (Kirchgassner, 2011). For instance, perceiving the law to be just and in line with one’s personal morals (Tyler, 2006), or the genuine wish to bring upon minimal harm to others. In conclusion, there exists incessant debate surrounding CP as a successful form of deterrent, where a conclusive stand simply cannot be achieved. Another point to note points towards the use of correlational findings. By virtue of the topic, studies are restricted from drawing causal relationships. Nevertheless, the research contributions have allowed for more perspectives and critical thinking behind the mechanisms of CP.

REFERENCES:

1. Chalfin, A., Haviland, A. M., & Raphael, S. (2013). What do panel studies tell us about a deterrent effect of capital punishment? A critique of the literature. Journal of Quantitative Criminology, 29(1), 5-43.

2. Gray, J. P. (2011). Essay: Facing the facts on the death penalty. Loyola of Los Angeles Law Review, 44, S255.

3. Jongmook, C. H. O. E. (2010). Another look at the deterrent effect of death penalty. Journal of Advanced Research in Law and Economics (JARLE), 1(01), 12-15.

4. Kirchgässner, G. (2011). Econometric estimates of deterrence of the death penalty: Facts or ideology?. Kyklos, 64(3), 448-478.

5. Shetty, S. (2014). The value of international standards in the campaign for abolition of the death penalty. Brown J. World Aff., 21, 41.

6. Tyler, T. R. (2006). Why people obey the law. Princeton University Press.

7. Zimmerman, P. R. (2006). Estimates of the deterrent effect of alternative execution methods in the United States: 1978–2000. American Journal of Economics and Sociology, 65(4), 909-941.