Abstract
Different opinions and research findings have been presented, giving distinct views on the deterrent effect of capital punishment. The potential consequences of this practice have been deduced to raise moral questions contrary to legal justification. The main concern over the years has been the presentation of evidence, which shows that capital punishment has a particularly effective deterrent effect on crime. Research deduces capital punishment is the severest form of punishment passed upon criminals who have committed heinous crimes. Thus, as astringent legal policy, capital punishment appears as a watchdog facet that prevents the commission of the most nefarious crimes. While substantive findings accrue this assertion with a lack of moral justification, extensive pieces of literature affirm that capital punishment has a deterring effect on crime. Using empirical findings and research from different sources, this paper evaluates and presents conclusions that show that capital punishment has a relative effect on the reduction of crime rates, even with the question about its morality.
Capital Punishment and Crime
Capital punishment has been embraced as a strategy aimed at reducing the prevalence of criminal activities. The legal justification of this act that when criminals are executed, it serves as an affirmation that justice has been served. However, philosophers and distinguished researchers have presented various arguments regarding this practice, especially on the idea that it serves to deter crime. Some of the questions that are tabled include moral justification, as well as whether the death penalty is an effective means of retribution. Some legal entities try to deduce variants of capital punishment, although the diverseness of this issue deems it impossible to arrive at a conclusive decision. The impacts of the death penalty vary based on various factors, and it is challenging to connect it with deterrence widely. While capital punishment has been argued to raise a moral question with citations that it is a brutal strategy and has nothing to do with reduced crime, pieces of information tend to show that, it is an ideal mechanism of deterring crime.
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Research Findings
In their research-based in Texas, Brandt and Kovandzic (2015) reconcile various pieces of evidence to affirm that the death penalty is effective in deterring crime. Their findings assert that the causal effects of the death penalty, especially on homicide, have a positive effect in the states where capital punishment has been actualized. According to an analysis they conducted between 1994 and 2005 in Texas, findings stated that there was a considerable drop in the number of homicides within the period when the survey was conducted (Brandt & Kovandzic, 2015). The basic reasoning in this context is that criminals tend to refrain from engaging in criminal activities with the understanding that capital punishment is active. The perception that homicide is treated with the same sensitivity accounts for the decrease in the number of homicides that were recorded in Texas. Even though the findings are stretched and connected to other underlying factors, there is a significant contribution made by the death penalty statute. Capital punishment is, in this case, seen to have a positive influence on reducing crime.
Capital punishment is regarded as an informed policy that acts as a barrier against committing homicide, as seen in statistical analysis. Chan and Oxley (2004) evaluated 74 research projects completed between 1952 and 2003 to deduce whether capital punishment had a deterring effect. The projects incorporated the use of different research methodologies and designs that covered different geographical regions, primarily in the United States. After thorough scrutiny of the different literatures, the data revealed that 23 percent confirmed that the death penalty influenced the deterrence of crime. From the explanations given by the various pieces of literature, offenders incline to the extremity of apprehension, conviction, and execution as numerous cases about the same is published. From a diverse viewpoint, tougher law enforcement contributes to reduced rates of crime by reversing the direction of criminals as it induces the need for behavior reformation.
The Effectiveness of Capital Punishment
One of the most effective ways to affirm that capital punishment is effective in reducing the rates of crime is assessing these rates before and after the enactment of the death penalty stature. According to information corrected through regression analysis between 1960 and 2000, results deduced that capital punishment had a deterring effect (Shepherd, 2004). Various comparisons have been used in this research where a substantial deterrence effect was confirmed. It is good to note that this data was corrected in 50 states and was examined using moratorium, which, in this case, was a judicial experiment (Shepherd, 2004). From the findings, the researchers suggested that there was capital punishment had an indirect control for robbery and aggravated assault, which could sometimes lead to murder. The reduction of crimes such a robbery was an indication that capital punishment had a considerable positive effect.
A principle claim tends to suggest that law offenders fear strong punishments such as capital punishment and thus refrain from engaging in heinous acts. Several debates have existed from 1975 in the quest to find out whether the death penalty has a magnitude impact on the number of murders with a given time frame. A wide variety of models in research have been used to assess whether this punishment explicates the variations in the number of crimes committed. Concomitant conclusions try to illustrate that in a society when the rule of law is restrictive, a particular model of crime is alienated ( Cohen-Cole et al., 2006). This change connected to the small adjustments, which include change of behavior because of the uncertainty triggered among criminals about the definitive effects of crime. It is, therefore, ideal for articulating that capital punishment triggers the reformation of behaviors among existing law offenders, which then leads to decreased crime rates.
The inclusion of capital punishment is helpful, especially in the states that have had a challenge dealing with high rates of crime. Using disaggregate data Dezhbakhsh, Rubin and Shepherd (2003) employ the concept of county-panel and simultaneous equations to evaluate the deterrent effect of capital punishment. The research encompasses various factors, including jurisdictional differences, demographics, and economic facets. Even with all these subjects at hand, their findings deduced that capital punishment had a considerable effect on deterring crime. Their assertions are then connected to the logical reasoning that capital punishment may not deter the committing of all crimes but helps to significantly reduce the attempt of some of the most atrocious ones. Also, when inclined to the factor od social welfare, the major consideration was that still, capital punishment was an affirmed policy of deterring crime.
Moral Consideration
The moral justification of using capital punishment is widely viewed from a negative perspective, although it is good to evaluate various underlying factors. In most cases, capital punishment is assumed as a brutal way of retribution, whereas other options like rehabilitation and imprisonment are available. The idea of crime deterrence is preventing future crimes from happening, which is a concept derived from the utilitarianism theory. The same theory identifies something as ethical if the results bring a positive impact on the common good (Banks, 2018). Crime reduction through capital punishment would then be termed ethical as crime becomes minimal in various societies. Preventing further human suffering emanating from criminal activities is the prime goal of punishment, as explained using this theory. Therefore, even with ethical considerations, capital punishment is carried out, not because death is the most practical punishment but done to show the severity of consequences when one engages in extremely heinous crimes.
Conclusion
In a nutshell, even though capital punishment has been argued to raise various moral questions, assertions and facts tend to show that it actively aids in deterring crime. Basing facts from different pieces of literature as well as statistical data, it is evident that the death penalty helps to reduce crime rates. Even with the ethical consideration, the big picture and effect of atrocious crime justify the reason why capital punishment should be used. In essence, this practice helps criminals who have not yet been convicted of reforming their behaviors and becoming better people in society.
References
Banks, C. (2018). Criminal justice ethics: Theory and practice . Sage Publications.
Brandt, P. T., & Kovandzic, T. V. (2015). Messing up Texas? A Re-Analysis of The Effects of Executions on Homicides. PLoS One , 10 (9).
Chan, J. B., & Oxley, D. (2004). Deterrent Effect of Capital Punishment: A Review of the Research Evidence, The. BOCSAR NSW Crime and Justice Bulletins , 24.
Cohen-Cole, E., Durlauf, S., Fagan, J., & Nagin, D. (2006). Re-evaluating the deterrent effect of capital punishment: Model and data uncertainty.
Dezhbakhsh, H., Rubin, P. H., & Shepherd, J. M. (2003). Does Capital Punishment Have A Deterrent Effect? New Evidence from Postmoratorium Panel Data. American Law and Economics Review , 5 (2), 344-376.
Shepherd, J. M. (2004, April). The Deterrent Effect of Capital Punishment: Evidence from a" Judicial Experiment." In American Law & Economics Association Annual Meetings (p. 18). bepress.
