Deterrence
Example of an abolitionist author: Nancy Moacan
http://www.prodeathpenalty.com/dp.html#B.Deterrence - 17 studies find deterrence, 5 find no deterrence, 2 are non-conclusive. The NRC (nap.edu) report is often falsely cited by abolitionists. It actually says evidence exists for the hypothesis, but is weak. They also concede, however, that research saying it has no effect (or increases crime) is also non-conclusive.
- Many people still cite Donahue and Wolfers (2005) in order to refute the deterrence hypothesis. They claim the studies are not robust and lead to bias. However recent rebuttals dispel these claims and it is irrelevant anyway, many of these deterrence authors oppose the death penalty for other reasons.
Example of an abolitionist author: Nancy Moacan
- There is mountians of evidence the DP deters. Gary Becker notes, “the
frequently stated claim that these studies prove that capital punishment does not deter is clearly
false.”
- Even if we agree with D & W 2005, we can still believe the death penalty serves as a deterrent. For example, 99.9% (actual statistic) of criminals fight for life, not death. This indicates criminals fear death more then a life time in jail. Many studies have found higher incarnation rates deter crime, and if the DP is not preferred it is illogical to think it has no effect (this also lends the to the fact the DP is a stronger deterrent then LWOP).
Cost
- Many claimed the death penalty is more expensive then LWOP. This claim is false and has been rebutted. The threat of a death sentence causes many murderers to admit to their crimes, if this happens during a trial it saves a lot of money after, and if done before leads to the trial costing zero. These pleas are four times higher in death penalty states then in abolitionist ones (note: this lends more evidence to deterrence as they fear death--plea bargains mean they get LWOP as maximum punishment). All studies that claim the death penalty costs more ignore this variable.
- Many have claimed states (like California) have high costs because of death row. Look at it like this: That's an argument for reform not repeal. States like Virginia have made these reforms where you can only be on death row for 5 years. The costs of geriatric healthcare (among other things) are cut nearly to zero if the time is cut under the Virginia experience. LWOP would lead to much more health care costs then a Virginia type DP system.
- A estimate done by Dudley sharp in 1997 summarizes his findings, "Many opponents present, as fact, that the cost of the death penalty is so expensive (at least $2 million per case?), that we must choose life without parole ("LWOP") at a cost of $1 million for 50 years. Predictably, these pronouncements may be entirely false. JFA estimates that LWOP cases will cost $1.2 million - $3.6 million more than equivalent death penalty cases" In other words, LWOP costs 1-3 million dollars MORE then DP cases,
- An article which I wrote cites many academic findings on the issue
- “In recent years, studies, articles, and reports have been published on the costs associated with the death penalty at state level. They have generally concluded that, contrary to what many people believe, death sentence cases cost more than non-death sentence cases. However, we found these conclusions were not adequately supported. Most of the studies did not actually compare death sentence cases with non-death sentence cases, and some of the studies did not contain actual cost data. Further, even cases where cost data were cited, these data where incomplete”
- Many studies find the DP only costs 117,000 more (same ballpark range). After other variables are accounted for, however, the number shrinks. A Virginia type system makes the DP cost thousands less. Analysis by John Sorensen and Rocky Pilgrim found the DP costs the same OR LESS then LWOP cases.
- Many studies suffer flaws by not even comparing LWOP to DP, or only compare the extreme cases. Many studies also ignore LWOP healthcare costs. These studies are wrought with so much error, they have been discredited.
- A 1997 report by Gary D. Beatty (a lawyer) finds many of these states are using the appeals process irresponsibly, and if used correctly the DP would be much cheaper. He notes, "If the multiple layers of appeal are pursued in an ethical, and fiscally responsible manner, execution is less costly than warehousing a murderer for life." He actuslly finds death penalty opponents stalling and supporting murderers appeal raises the cost, and without them DP costs would plummet to (record in the modern era) lows!
Racial problems?
- RAND studies actually find whites are are at a higher risk to be executed then blacks, and white defendants murdering whites are the most likely to be executed. Wait, its still discrimination! True, however when RAND took the heinousness of the crime into account the unfairness factor washed away. In other words, they choose the DP based on the crime, not race. This data is extremely compelling compared to the studies concluding the opposite. Three teams using the same data, but different methodologies, got the same results. In other words, the other studies where REALLY missing something.
- 40% of those death penalty cases involve blacks, and they are only 12% of the population, this is evidence of discrimination. Here is my question: is it? Not really. Separate analyses show these basic comparisons are weak and cannot be relied upon to make a case for racial discrimination. The problem with studies that argue its racially biased is simple: they fail to control for many of the legal factors. Jon Sorensen and Rocky Pilgrim decided to control for these factors. When they did, the racial effect disappeared. Further, 50% (about) of those committing murder are black and, therefore, giving them only 40% of cases is generous! statistically, we can get to 50% before being racist. “Studies that use the proportion of blacks involved in murder as the baseline *note this is the only accurate way you can do it* often conclude that there is no discrimination against black defendants … [E]vidence of racial disparity has all but disappeared.”
- “For both capital charges and death sentences, race either played no role or a small role that is very difficult to specify. In short, it is very difficult to find convincing evidence for racial effects in the Maryland data and if there are any, they may not be additive.” He even further noted, “cases with a black defendant and white victim or 'other' racial combination are less likely to have a death sentence”
- A study done using the baseline described by Sorensen and Pilgrim (though used the baseline before Sorensen brought it up) concluded the criminal justice system (including the DP) had no racist effect--it was a myth!
CONCLUSION:
Based on current research, when the facts are released support for the DP should rise.
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