Capital Punishment as a Crime Deterrent: An Evaluation of Evidence

This research paper evaluates the effectiveness of capital punishment as a deterrent to crimes in the United States. It examines the connection between capital punishment and crime deterrence, and assesses whether it is prudent to spend millions on a process that has failed to establish any value. The paper also discusses the issues of human rights and the cost of the judicial process.

Running head: CRIMINOLOGY
Criminology
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction......................................................................................................................................2
Capital Punishment..........................................................................................................................2
Capital punishment as a crime deterrent..........................................................................................2

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Introduction
The notion that death penalty is a significant deterrence is an outcome of belief and not
evidence. On the contrary, death penalty accelerates the murder rate as is suggested by evidence.
In the context of this evidence, the research shall explain the concept of capital punishment and
assess its effectiveness in acting as a deterrent to crimes. The research paper shall confine its
discussion to the United States of America and examine if there is a connection between capital
punishment and crime deterrence. In light of evidence, this research paper shall evaluate whether
it is prudent to splurge millions on a process that has failed to establish any value instead gives
rise to risk of executing innocents, given that other established crime-deterring measures are in
place.
Capital Punishment
Capital punishment or death penalty is the execution of an offender who is sentenced to
death after being convicted by the court of law for committing a criminal offense. Capital
punishment has been taking place since the 19th century and had been executed in exceptionally
cruel forms of capital punishment (McCafferty). Such cruel forms of execution included boiling
in oil, wheel, and decapitation by axe or guillotine, hanging and drowning. Although several
countries have abandoned the concept, but even by the end of 20th century, many nations
including US employ capital punishment.
Capital punishment as a crime deterrent
This is considered as the most contentious public policy debate all over the world and the
United States is not an exception. Some people are of the opinion that it killing a criminal will

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reduce the crime rate but it must not be forgotten that life is a basic human right to which every
person including criminals are equally entitled. The debate over the efficacy of the capital
punishment has become a controversial since the US Supreme Court decision given in Furman v
Georgia [1972]. In the case, the Supreme Court prohibited executions as it was practiced during
that time owing to its capricious and arbitrary manner in which they have been administered. A
huge criticism has been generated regarding the issue and it has been mentioned that human
rights should be established above all. There are certain reasons that instigating USA government
to look into the matter of human rights (Hochkammer). According to the constitutional principle,
it has been observed that certain supports have been generated against the capital or death
penalties in its eighth constitutional amendment. Further, there are certain problems to
commence death penalties to the prisoners who are convicted with serious crimes. It is an
evidenced truth that there are many prisoners in American courts, who are leading their lives
behind the bar due to their poverty and cannot afford the cost of the judicial process. Further, the
criminal researchers and jurists in USA have criticized the concept of capital punishment.
It has been observed that capital punishment could not be established as deterrent against
crime. Capital punishment for crime is a controversial topic and it has been argued that capital
punishment snatches the minimum right of the criminal to be pleaded after being convicted for
rare offence. Further, it is to be stated that after the commencement of the death penalties, no one
could pleaded for appeal (Hatch). Therefore, there are certain problems regarding the death
penalties. The issue of human rights has also become an important part to this issue. There are
certain complexities too. It is to be contended that the theories of death penalties could not
realized the state sanctioned killing operations with an intention to derange the marginal minds
and think about their action they had done and there is a possibility that they can pass over their

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ideas to others so that the others could not engage in any heinous crime. There are certain other
problems regarding the same. It has been observed that the death penalties in USA are quite
costly and there are several legal appeals that are also time consuming in nature. According to
certain researches, life imprisonment is quite good compare to the capital punishment (Hansen).
Further, it should be the aim of the juridical researchers that the processes of punishment should
be such so that the offender could get an opportunity so that they can resolve their disputes an d
in this way, they could transfer their grievance to others and others will get an opportunity to
resolve their matter (Reckless). Additionally, lengthy process of justice is a meaningless wastage
of time and it is required to be jettisoned.
There is no credible evidence that if capital punishment can be generated, it will reduce
the rate of homicide. The National Academy of Sciences has put certain deterrent questions in
2012. According to this report, there are no such credible evidences from where it can be
understood that capital punishment could help to lower the rate of crime. Therefore, it is totally a
vague idea for the supporters of the death sentence. However, a change has been observed in the
justice system of USA, where it has been found that more than fourteen thousands crimes have
been committed in the State in the year 2011, where only 35 executions have been taken into
place (Blomberg). Certain strategies have been taken by the government to find out the real
culprit after the commencement of an offence. Police officers are appointed and investigation
procedures are beginning with certain high level of technologies and all the processes are quite
costly. Therefore, the juridical bodies should have to think about the additional program so that
such wastage of money could be managed (Ward). According to the human rights supporters,
every criminal have an option to lead their life. However, after the pronouncement of judgment
against them, every has forgot all these things. The correctional process should give them a fair

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chance so that they can get an opportunity at their lamenting stage. According to the police
report for the year 2005, it has been observed that the state of California had spent $4 billion for
executing 13 individual and hired 80,000 police officials for that. Therefore, it can be stated that
huge money has been wasted behind the execution process (Chalfin). It has been demanded by
John J. Donohue III (2016) that no evidences can prove this fact that states having capital
punishment process can reduce its crime rate. Further, most of the criminal researchers have
supported the view that death penalty could not be regarded as a deterrent and according to the
econometric study, the effect of death penalty is quite limited in nature. according to a survey
report in 2009, it has been expressed the view of the criminologists against death penalties as
deterrent for the homicide is negative and they believed that death penalty should be abolished
for securing the principle of human rights and secure the money of the state (Vito). Further, it
has also been observed that the capital punishment has failed to reduce the crime rate, rather the
state does not have death penalties are progressing.
Source: Facts about Deterrence and The Death Penalty

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This figure has showed this that death penalties have failed to establish the fact that capital
punishment could lower the chances of homicide. According to Daniel Nagin, police are the
central pivot of deterrence and not the capital punishment.
Capital Punishment is considered to be as one of the most feared things in the
society. This essay discusses a statement that states that Capital Punishment is not a deterrent to
crime. However, there has been a strong disagreement regarding the statement stated above.
Capital punishment means to curb a violent crime. It is the death penalty, which is unavoidable
and hence the abolitionists which condemn the death penalty as a cruel and unusual punishment
as well as being a failure at decreasing the level of the violent crimes in the country.
Capital Punishment was therefore only applied to the convicted felons. It was always
treated as a costly, divisive and controversial issue in saving the lives but it should therefore be
abolished. Capital Punishment is said to be worse as compared to the other penalties, hence it
should lead to fewer killings. Capital Punishment in the United States includes a very small
amount of the population. There will be a loss of life with every execution in the country.
Thereafter, it will result in decrease in the entire population of the country. It can be said that
capital punishment is defined as the use of death as a legally sanctioned punishment and
therefore plenty of societies all over the world use it. Generally, there are types of principles that
are considered while determining the cruel punishment (Loughran, Paternoster, and Piquero).
Firstly, the punishment will not be one that is totally rejected throughout the society. Secondly,
the punishment occurred should not be degrading to the human dignity. Thirdly, the punishment
should not be patently excessive. Lastly, the punishment should not be inflicted in any kind of
arbitrary fashion.

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According to the principles of the Constitution and the specific legislations, the rules
authorize both as well as it imposes the general constraints on the capital punishment
(Hochkammer). However, it has been observed that capital punishment helps in reducing the
level and probability of homicide. It was argued that the issue of deterrence must be removed
from any kind of discussion that is related to the death penalty as it gives lack of proper
evidence. On the other hand, if there is no deterrent argument then the case will result in death
penalty. It is somewhat similar with the issues of criminal justice, which are not surprised by the
lack of deterrence. In United States, for obtaining the death penalty, an individual has to commit
a crime that is heinous in nature (Simon). To prove if the crime is heinous or not, proper
evidence must be presented with the facts showing the rate of murders that have been committed
by that individual. Generally, murderers expose themselves to such a level of immediate risks
where the likelihood is incredibly remote that there will be a little chance of execution. The
execution can happen after years of committing a crime that will influence the behavior of a
sociopathic abnormal person. The tendency of a sociopathic is the willingness to kill only if his
penalty was life imprisonment (Ward). However, if any criminal thinks that he will be caught for
the crime that he has committed then the prospect of his life without parole will be treated to be a
monumental penalty.
While dealing with the statement of whether capital punishment is not a deterrent to
crime have both negative and positive concerns. The most essential issue states that the deterrent
effect capital punishment has no crime. It can be said that this problem is regarded to be too
complex and the views hence differ from each other. Thus, those individuals who have
committed those particular criminal acts, usually faces the death penalty. Over the years, it has
been observed that there has been a decrease in the amount of murders that has led to conviction

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and murders. The criminals have been punished for the criminal acts committed by the
individuals. For deterrence and justice, if the resources are saved by scrapping the death penalty
then it can be used for increasing the chance where the killers can be caught and punished
(Petty). It is therefore, necessary to punish the criminals who have committed the fraudulent
criminal acts.
Capital punishment is therefore executed after a proper legal trial. It can therefore be used
by a State (Chalfin and McCrary). Crimes including murder, death, child molestation will result
in capital punishment. Few critics have stated that death penalty or capital punishment is
considered to be an inefficient system and costly. It will therefore, use the waste resources,
which can be expanded on the measures of crime-fighting that are considered to effective. Every
penal institutions or organizations are forced to coordinate with the central committee regarding
all the dates for execution. It is hence, the duty of the committee to schedule all the criminals
according to time. The Federal Government takes all the decision regarding the crimes that take
place in the country. The committee regulates all the rules for sanctioning them against the
violations. Capital punishment is not given to juveniles even if they have committed any of the
above mentioned crimes. It has been mentioned in the case of Roper v Simmons where the
Supreme Court of the United States ruled that the execution of people who belonged to the age
group of fewer than 18 of their crime violates the federal guarantee of constitution against cruel
punishments. However, the view of Supreme Court on death penalty is considered to be quite
simple. Death penalty is therefore treated to be a way to curb the rate of violent crimes in the
United States. The basic concept or the principle of this kind of punishment is not to be so severe
as it will degrade the dignity of a human being (Donohue). Based on the facts or evidence, it has

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been observed that plenty of individuals have suffered and got punished due to wring allegations
or judgment of the Court.
Criminal justice system is said to be as that system which cannot be made fail-safe since
it is run by human beings only. Human beings are hence imperfect. The sentence of death is said
to be as that evidence which is found from the charges of the crime committed. Generally, a
crime for which a convicted person claims, he or she will be said to be innocent (Siegel and
Worrall). Hence, he will not be entitled to the review of Federal Court as based on the review. As
discussed above, presently, it is noteworthy to mention here that death penalty or capital
punishment is considered to be necessary evil for correcting the faults of a criminal and
abnormal minds specially if all the other means have been worn out. Capital punishment is
therefore not cruel or unusual punishment, only if it is handed out to those individuals who are
convicted fairly and equally without any kind of discrimination or biasness. However, plenty of
organizations and individuals have stated and opined on the statement that has been mentioned
above. Advocates on the other hand, states that death penalty deters crime and it is considered to
be a good tool for the prosecutors in the plea bargaining. Lastly, with less amount of evidence,
death penalty provides all sorts of tangible benefits and indications in terms of social and
monetary costs.

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