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 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.
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 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 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 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
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.
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 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 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.
References:
“Facts About Deterrence And The Death Penalty | Death Penalty Information Center.” Deathpenaltyinfo.org. N.p., 2018. Web. 20 July 2018.
Blomberg, Thomas G. American penology: A history of control. Routledge, 2017.
Chalfin, Aaron, and Justin McCrary. “Criminal deterrence: A review of the literature.” Journal of Economic Literature 55.1 (2017): 5-48.
Chalfin, Aaron, and Justin McCrary. “Criminal deterrence: A review of the literature.” Journal of Economic Literature 55.1 (2017): 5-48.
Donohue, J. “There is no evidence that death penalty is a deterrent against crime.” The Conversation (2015).
Donohue, John J. “Empirical analysis and the fate of capital punishment.” Duke J. Const. L. & Pub. Pol’y 11 (2016): 51.
Hansen, Benjamin. “Punishment and deterrence: Evidence from drunk driving.” American Economic Review 105.4 (2015): 1581-1617.
Hatch, Virginia Leigh, and Anthony Walsh. Capital Punishment: Theory and Practice of the Ultimate Penalty. Oxford University Press, 2016.
Hochkammer, William O. “The capital punishment controversy.” Capital Punishment. Routledge, 2017. 65-84.
Hochkammer, William O. “The capital punishment controversy.” Capital Punishment. Routledge, 2017. 65-84.
Loughran, Thomas A., Raymond Paternoster, and Alex R. Piquero. “Individual Difference and Deterrence.” Deterrence, Choice, and Crime, Volume 23. Routledge, 2018. 221-246.
McCafferty, James A. Capital punishment. Routledge, 2017.
McCafferty, James A. Capital punishment. Routledge, 2017.
Petty, Richard E. “Historical Foundations of the Cognitive Response Approach to Attitudes.” Cognitive responses in persuasion (2014): 5.
Reckless, Walter C. “The use of the death penalty: a factual statement.” Capital Punishment. Routledge, 2017. 38-62.
Reckless, Walter C. “The use of the death penalty: a factual statement.” Capital Punishment. Routledge, 2017. 38-62.
Siegel, Larry J., and John L. Worrall. Essentials of criminal justice. Cengage Learning, 2018.
Simon, J. (2017). Governing through crime. In Law and Poverty (pp. 97-115). Routledge.
Vito, Anthony G., and Gennaro F. Vito. “Capital Punishment.” The Encyclopedia of Theoretical Criminology (2014): 1-4.
Ward, Richard. Introduction: A Global History of Execution and the Criminal Corpse. Palgrave Macmillan, 2015.
Ward, Richard. Introduction: A Global History of Execution and the Criminal Corpse. Palgrave Macmillan, 2015.
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