Is the Death Penalty a Deterrent to Murder?

By: Steve Brandenburger

Theories of Crime and

Deviance

CJUS 4411-02

Capital PunishmentPROThe process of lethal

injection does not cause cruel or unusual punishment. The first injection renders the offender unconscious, the second paralyzes the offender, and the third injection stops the offenders heart.

OPPOSEDDeath by the state is

a violation of the 8th amendment, which states that no cruel or unusual punishment shall be inflicted.

Statistics

PROData from 3,000

counties between the years of 1977-1996, show that with each execution, 18 murders are deterred. Resulting in 1.5 less murder of Blacks, 1.0 less murder of Whites and .5 less murder of Others (Muhilhausen, David. 6-27-07)

OPPOSED According to the

Death Penalty Information Center, Non-Death Penalty states have an almost 25% lower murder rate than their counterpart.

Proactive Verse ReactivePROThe belief that the

death penalty will remove heinous criminals from society and prevent them from committing future murders.

OPPOSEDSince 1973, 141

people have been released from the death row with evidence of their innocence. Death is a certainty that cannot be reversed at a later time (Staff. Deathpenaltyinfo.org).

DecisionsPROThe fact that the

electric chair deters more murders than lethal injection, proves that criminals do in fact weigh the consequences of their actions.

OPPOSEDOffenders do not think

about the DP when committing murders. Murders are usually crimes of passion, influenced by alcohol/drugs, or because of mental illness. People with the intent to kill do not plan on being caught, so they do not rationalize the DP.

Cost of the Death PenaltyPROFamily and friends

of the victim find that cost should not be a factor in determining the fate of the offender. Justice for the victim should be death and not the ability to live a full life in prison.

OPPOSEDOn average a DP

case cost almost 48% more than a case seeking life imprisonment. Court motions and post conviction appeals account for majority of the extra cost (Staff. Deathpenaltyinfo.org).

Conviction to DeathPROThe ultimate

sentencing is the DP and offenders should have to pay their debt to society.

OPPOSEDThe average stay on

death row is a decade but has been known to surpass 20 years. Some see this as two forms of punishment, first is death itself and second is the uncertainty of when they will be executed.

Survey of People

PROAccording to

Gallup’s 2003 survey, 2/3 of Americans are in favor of the Death Penalty.

OPPOSEDThe Death Penalty is

the ultimate violation of human rights by the state. The DP is the certainty of death without recourse.

Guilty Verse Not-GuiltyPROThe DP gives the

prosecution a bargaining chip to gain guilty convictions in weaker cases that otherwise could end in no conviction at all.

OPPOSEDPlea bargaining

opens the window for false confessions in fear of receiving the Death Penalty.

SummaryThe common ground that both side agree on,

is that no innocent person should ever be put to death.

There is no set of hard facts that prove that the Death Penalty does or does not deter future murders.

There’s no disputing that being on death row is not a swift action. Most individuals on death row spend at least 10 years waiting to be executed.

The facts I came across state that the Death Penalty is used for a deterrent, but I suspect that the Death Penalty is more for retribution.

References:Carroll, Joseph. “Who supports the Death Penalty.”

The Gallup Organization, November 16, 2004.http://www.deathpenaltyinfo.org/gallup-poll-who-supp

orts-death-penaltyMuhlhausen, David B. PH.D. “The Death Penalty

Deters Crime and Saves Lives.” The Heritage Foundation, Leadership for America. August 28, 2007

http://www.heritage.org/research/testimony/the-death-penalty-deters-crime-and-saves-lives

Robert Weisberg, JD, PhD, Edwin E. Huddleson, Jr., "The Death Penalty Meets Social Science: Deterrence and Jury Behavior Under New Scrutiny,“December 2005.

http://deathpenalty.procon.org/view.answers.php?questionID=000983