July 15, 2024

Explain deterrence theory as it applies to the Brutalizing Effect.? Discuss your opinion on the support or the abolition of the death penalty to deter violent

Explain deterrence theory as it applies to the Brutalizing Effect.

Discuss your opinion on the support or the abolition of the death penalty to deter violent crime and your recommendation for a punishment that not only prevents violent crime but deters it. The class text and in particular Chapter 7 and the PowerPoint lesson have pertinent and relevant information on the subject of the death penalty and deterrence. You must support your opinions and conclusions with credible references as mentioned in the syllabus. The following concepts will help you formulate the sections in your paper:

What about the brutalizing effect
Assumptions and problems of deterrence theory
Arguments and counterarguments

Students are expected to critically analyze and evaluate the death penalty topic listed above.

It is important to answer all of the questions, support your opinions and statements with at least two credible references. Cite the text in APA format and Include a Reference Page. Each question should be a section; an easy APA format to use to accurately answer each question. Of the total works cited, half should be from academic journals or books published by an academic press. Students must support their statements and opinions as they cite the text with at least two credible references. A conclusion section (APA) will solidify your statements and opinions. Works cited and the references should be in APA format at the end of each mini-paper.

The paper must be double-spaced, with 1.0-inch margins, using Times New Roman 12 point type and at least two

ccj4361Chapter7deathpenalty.pdf

CHAPTER 7

GENERAL DETERRENCE AND THE DEATH PENALTY

Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States, 5th Edition

General Deterrence • The belief that people in general can be

prevented from engaging in crime by punishing specific individuals and making examples of them

• The broad deterrence question is whether executions prevent other people (other than the person executed) from committing capital crimes.

Importance of General Deterrence

• Until recently, reason cited most often by death penalty supporters

• Research shows that compelling evidence of no deterrent effect does not have much effect on death penalty support.

• No longer seems to be an important reason for support. In a recent poll, only 32% of respondents said that they thought the death penalty was a deterrent.

Reason for Believing in the Deterrent Effect of the Death Penalty

(Van den Haag) • Our penal system rests on the

proposition that more severe penalties are more deterrent than less severe penalties

• Thus, the most severe penalty, the death penalty, would have the greatest deterrent effect

Counter to Van den Haag’s Argument

• The highly influential 18th Century philosopher, Cesare Beccaria believed that life imprisonment, or what called “perpetual servitude” was a greater deterrent than the death penalty.

• He describe the practice as a “useless prodigality of torments” and that it gave an “example of barbarity to men.”

Counter to Van den Haag’s Argument (cont.)

• Although more severe penalties are generally more deterrent than less severe penalties, beyond a point, added severity may reduce deterrence (e.g. through jury nullification).

• Is the death penalty the most severe penalty? (More severe than life imprisonment?)

Important Question for Death Penalty Proponents

• Not whether capital punishment is the severest punishment

• But rather what punishment should be the severest allowed by law?

What Does the Evidence Show? • There is no evidence showing that

capital punishment deters more than an alternative non-capital punishment, such as life imprisonment without opportunity of parole (LWOP).

• Available evidence indicates that capital punishment makes no discernible difference on homicide rates.

Evidence: Pre-1975 Research • Comparison of murder rates, police

killings, and prison murders of contiguous states with and without death penalty

• Comparison of murder rates before and after abolition or reinstatement of death penalty

• Comparison of short-term murder trends before and after highly publicized executions of convicted murderers

1975: Ehrlich Finds A General Deterrent Effect

• Examined the simultaneous effect of several variables on homicide rates, 1933—1969

• Concluded: An additional execution per year over the period may have resulted, on average, in 7 or 8 fewer murders

• Research highly criticized

Post-1975 Deterrence Research

• A few methodologically inferior studies have found a general deterrent effect (also new econometric studies).

• Numerous studies (of varying quality) have failed to find a general deterrent effect.

• A few studies have found a counterdeterrent or brutalizing effect.

Post-1975 Deterrence Research (cont.)

• Study of homicides in Texas from January 1994–December 2005 found – that for executions to have a deterrent

effect, a large number of executions must be conducted

– Most of any deterrent effect of executions on homicides occurs soon after execution is announced

Post-1975 Deterrence Research (cont.)

• In 2008, Yang and Lester carried out a meta- analysis of 104 capital punishment deterrence studies. They found – Only 95 had adequate data to report an effect size – 60 found a deterrent effect – 35 found a brutalization effect – Many of the time-series and panel studies showed

a deterrent effect; whereas cross sectional studies did not show such an effect.

Post-1975 Deterrence Research (cont.) • Many of the newer studies have methodological

problems: – They do not differentiate between the types of

homicide – Some include non-negligent manslaughter – None of the studies controlled for auto-regression – Few of the studies controlled for law enforcement’s

ability to clear capital cases – The studies ignore large amounts of missing data – All the studies are indirect tests of the hypotheses – None of the studies determine the marginal effects of

capital punishment as opposed to life imprisonment

Post-1975 Deterrence Research (cont.)

• In their review of the newer econometric studies Donohue and Wolfers stated: – “Execution policy drives little of the year-

to-year variation in homicide rates.”

Counterarguments to Studies That Show No General Deterrent Effect

• Statistical evidence used was unreliable.

• Most law enforcement officials continue to favor capital punishment.

• There is inherent logic in the deterrent power of the threat of death.

• The number of homicides increased when number of executions decreased (mid-1960s through the 1970s).

Counterarguments to Studies That Show No General Deterrent Effect

(cont.) • Deterrent effect has been reduced

to nothing in recent years (and thus does not show up in the research) because it has not been imposed often or quickly enough to get desired response

Assumptions and Problems with Deterrence Theory

• Most murderers probably do not rationally calculate the consequences of their actions before they act.

• They doubt that they will be caught. • They may not know what constitutes

capital murder. • If they have killed before, they may not

care.

Counterdeterrence or Brutalization

• A few studies have found a counterdeterrent or brutalizing effect.

• The death penalty may cause murders rather than deter them.

Counterdeterrence or Brutalization: How?

• The suicide-murder syndrome • The executioner syndrome • The pathological desire to die

by execution • To gain attention and notoriety • Diversion of resources from more

effective violence prevention

Slide Number 1
General Deterrence
Importance of General Deterrence
Reason for Believing in the Deterrent Effect of the Death Penalty (Van den Haag)
Counter to Van den Haag’s Argument
Counter to Van den Haag’s Argument (cont.)
Important Question for Death Penalty Proponents
What Does the Evidence Show?
Evidence: Pre-1975 Research
1975: Ehrlich Finds A General Deterrent Effect
Post-1975 Deterrence Research
Post-1975 Deterrence Research (cont.)
Post-1975 Deterrence Research (cont.)
Post-1975 Deterrence Research (cont.)
Post-1975 Deterrence Research (cont.)
Counterarguments to Studies That Show No General Deterrent Effect
Counterarguments to Studies That Show No General Deterrent Effect (cont.)
Assumptions and Problems �with Deterrence Theory
Counterdeterrence �or Brutalization
Counterdeterrence or Brutalization: How?

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Explain deterrence theory as it applies to the Brutalizing Effect.? Discuss your opinion on the support or the abolition of the death penalty to deter violent

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