NCJ Number
47931
Date Published
1978
Length
8 pages
Annotation
AN EXAMINATION IS UNDERTAKEN OF THE DETERRENT EFFECT OF CAPITAL PUNISHMENT.
Abstract
THE PURPOSE OF THIS EXAMINATION IS THE ASSESSMENT OF TWO CLAIMS: (1) THAT THE JUDICIAL MORATORIUM ON EXECUTIONS HAS CONTRIBUTED TO INCREASED HOMICIDE RATES; AND (2) THAT MANDATORY CAPITAL PUNISHMENT WOULD TEND TO REDUCE THE INCIDENCE OF HOMICIDE. HOMICIDE RATES FOR CONTIGUOUS DEATH PENALTY AND ABOLITION STATES AND FOR A GIVEN STATE AT VARYING POINTS IN TIME ARE COMPARED TO DETERMINE WHETHER THE AVAILABILITY OF THE DEATH PENALTY BEARS ANY RELATIONSHIP TO THE LEVEL OF HOMICIDE IN THE STATE. HOWEVER, IT MUST BE ASSUMED THAT THE PROPORTION OF CAPITAL MURDERS AMONG ALL HOMICIDES REMAINS REASONABLY CONSTANT OVER TIME AND FROM ONE JURISDICTION TO ANOTHER, THAT THE EFFECTS ARE FELT PRIMARILY WITHIN THE JURISDICTION IN WHICH THE EXISTENCE OR IMPOSITION OF THE DEATH PENALTY OCCURS, AND THAT THE EFFECT OF OTHER FACTORS -- POPULATION CHARACTERISTICS AND SOCIOECONOMIC ENVIRONMENT -- KNOWN TO INFLUENCE MURDER RATES IN A SERIOUS MANNER ARE ELIMINATED OR TAKEN INTO ACCOUNT OR ASSUMED TO BE CONSTANT ACROSS STATE LINES. IF THE DEATH PENALTY EXERCISES A GREATER DETERRENT EFFECT ON PROSPECTIVE MURDERERS THAN DOES IMPRISONMENT, THEN THE FOLLOWING PROPOSITIONS SHOULD PROVE TRUE: (1) DEATH PENALTY STATES SHOULD SHOW INCREASED LEVELS OF HOMICIDE AFTER THE 1967 COURT-MANDATED MORATORIUM ON EXECUTIONS; (2) THERE SHOULD BE NO NOTICEABLE CHANGE IN THE LEVEL OF HOMICIDES FOR ABOLITION STATES SUBSEQUENT TO THE CESSATION OF EXECUTIONS; AND (3) STATES WHICH ABOLISHED CAPITAL PUNISHMENT IN THE PERIOD IMMEDIATELY BEFORE THE MORATORIUM SHOULD SHOW INCREASED LEVELS OF HOMICIDE RELATIVE TO CONTIGUOUS DEATH PENALTY STATES PRIOR TO THE MORATORIUM. GRAPHIC DATA ARE PRESENTED REGARDING THE HOMICIDE RATES IN THE FOLLOWING STATE CLUSTERS: ILLINOIS AND MICHIGAN; NEW HAMPSHIRE, VERMONT, AND MAINE; MASSACHUSETTS, RHODE ISLAND, AND CONNECTICUT; SOUTH DAKOTA, NEBRASKA, AND NORTH DAKOTA; WASHINGTON, OREGON, AND IDAHO; WEST VIRGINIA AND VIRGINIA; PENNSYLVANIA, NEW YORK, AND NEW JERSEY; AND IOWA, MINNESOTA AND WISCONSIN. WITHIN EACH OF THESE CLUSTERS, BOTH DEATH PENALTY AND ABOLITION JURISDICTIONS ARE REPRESENTED. A COMPARISON OF THE HOMICIDE RATES INDICATES THAT THE DEATH PENALTY IS A NO MORE EFFECTIVE DETERRENT THAN IMPRISONMENT. SUMMARY DATA INDICATE THAT IT IS THE ABOLITION STATES WHICH SHOW A SOMEWHAT GREATER INCREASE IN HOMICIDE AFTER THE CESSATION OF EXECUTIONS IN 1967. IT IS CONCLUDED THAT WHILE IT IS TRUE THAT THE U.S. EXPERIENCED RISING HOMICIDE RATES IN THE 1960'S, THESE RATES INCREASED AT A SLOWER PACE THAT DID THE RATES OF OTHER SERIOUS CRIMES FOR WHICH THE DEATH PENALTY WAS NEVER AVAILABLE. IT IS SUGGESTED THAT IT IS NOT THE SUSPENSION OR ABOLITION OF THE DEATH PENALTY, BUT BROADER SOCIAL FORCES CONTRIBUTING TO VIOLENT CRIMINAL BEHAVIOR THAT ACCOUNT FOR THE VARIATIONS IN CRIMINAL HOMICIDE RATES. (KBL)