Deterrence Of Death Penalty Essay Research Paper

Deterrence Of Death Penalty Essay, Research Paper

Deterrence of the Death Penalty

Independent Study

The death penalty has been used for centuries as a form of retributive justice for felonies committed by criminals. The code of Hammurabi, written approximately 3,700 years ago, stated that if a man destroys another man s eye, the offender s eye should be taken out; if a son strikes his father, the son shall have his hand cut off. (246) Early legal codes tried to provide justice by matching the punishment with the offense. This approach was also evident in numerous places within the Old Testament. For example, in the Book of Deuteronomy we read, Life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot. (8:12) However, even with these early philosophies of justice, punishment was not merely meant to serve as revenge for the victims and their relatives. Instead, punishment was intended to make life and property more secure by reducing the likelihood of a person committing a crime or a second offence.

This aspect of social control is called deterrence: the use of punishment to deter people from deviance. As Plato expounded 2,300 years ago, Punishment brings wisdom; it is the healing act of wickedness. (199) This occurs, Plato explained, because the point of punishment is not to retaliate for a past wrong but rather to make sure that the man who is punished, and he who sees him punished, may be deterred from doing wrong again. (199) As human societies evolved into complex states, governments increasingly sought to deter crime; hence punishments became increasingly severe as crimes continued to occur.

Capital punishment became common during the eighteenth century in England where more then two hundred different crimes carried the death penalty. In addition, executions were typically conducted in public places in an effort to deter those who witnessed the punishment from committing similar acts. Soon after the implementation of the death penalty into England s Criminal Code, other countries began to experiment with its effectiveness. In different countries, the death penalty was enforced for different severities of crime, however, the motive always remained the same to deter people from committing serious offences. The death penalty is still enforced today in numerous countries. Nevertheless, its effectiveness as a deterrent has become quite a controversial issue. By examining societies views of the death penalty, the physiological aspects of the mind, and criminologists views of deterrence, it will be demonstrated that pro-capital punishment arguments are fundamentally flawed.

In examining the deterrent effect of the death penalty from a sociological perspective, studies have shown that in certain countries the brutal tactics presented by the death penalty contribute quite successfully to deterring criminals. An annotation released last year by the F.B.I supports this theory. The annotation focused on recent statistics between Singapore and Los Angeles. Both have approximately 3.5 million inhabitants and imposed the death penalty as their most severe sentence. During the study period of 1993, Singapore reported fifty-eight murders, and eighty rapes, while Los Angeles reported an astounding 1,100 murders, and 1,855 rapes. (qtd. in Bonner, part 4) Singapore s sanctions are severe, but their statistics show that this form of punishment is an effective deterrent in their particular culture. Whereas, the astronomical rates acquired by Los Angeles was a direct reflection of their system of sanctions. Obviously, the system, which Los Angeles has employed, was not as effective for their diversified population. One s outlook on life is greatly influenced by their culture. The Los Angeles populace lives a drastically different lifestyle then the populace of Singapore and, therefore, the success of the death penalty in Singapore does not prove that the death penalty in Los Angeles will be a successful deterrent.

Since cultural diversities often influence our perspectives on life, it is a valid argument that deterrence may be perceived in a multitude of ways. A deterrent effect was clearly evident in the inhabitants of Singapore; whereas, studies revealed that the deterrent effect was not clearly evident in the inhabitants of Los Angeles. Also, current studies on deterrence raised further doubt that North Americans reacted positively to deterrence. Social Scientists are presently noting the brutalization effect that seems to be encompassing North Americans. An examination conducted by social science researcher John Bailey further supports the theory of brutalization. Bailey examined total killings and sub-type killings in Oklahoma State between 1989 and 1991. After controlling for a number of variables, Bailey found that there was no evidence of a deterrent effect. He did, however, find that there was a significant increase in stranger killings and non-felony stranger killings after Oklahoma resumed executions after a twenty-five year moratorium. ( Crime Theory 36). Another example of a brutalization effect due to capital punishment is exhibited in a study performed by Author Ernie Thompson. Thompson examined criminal homicides in Los Angeles before and after California s execution of Robert Harris in 1992, the state s first execution after a twenty-five year moratorium. Thompson found slight increases in homicides dur