The death penalty is among the subjects that have caused sharp divisions among the American public. On the one hand are those who feel that the death penalty is unacceptable since it involves the taking of human life that many regard as sacred. Those of this opinion are part of a growing group which feels that the death penalty is cruel and in violation of basic Christian principles. On the other hand, there are those who believe that the death penalty is necessary to deter against the commission of serious crimes. The arguments that the two groups raise are indeed valid and underscore the need for sober discussion on the future of the death penalty in the US. When one critically examines the arguments, it becomes evident that there is a stronger case for the death penalty. This punishment is an effective deterrent that should remain part of the American criminal justice system.
Deterrence Theory
Before outlining the case for the death penalty, it is helpful to set the stage with a look at the deterrence theory. Essentially, this theory attempts to explain the association between the severity of punishment and the perpetration of crime. According to this theory, when individuals understand that they will be subjected to swift and severe punishment, they are less likely to become involved in criminal activity (Lee, 2017). While deterrence theory relates to a wide range of criminal behaviors and punishments, it is particularly implicated in the death penalty. A number of scholars have noted that this theory helps to shape the debate on whether killing those who commit serious crimes has a deterrent effect. For example, Dezhbakhsh, Rubin and Shepherd (2003) explored the implications that the theory presents for the death penalty. Given that it has been cited in discussions regarding the death penalty, the deterrence theory is an appropriate framework for examining whether the US should do away with or maintain the death penalty.
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Justification of Death Penalty
As noted earlier, the death penalty is a highly contentious issue that inspires heated and emotive debate. To understand the need for the US to maintain this punishment, it is important to consult the American people. Flanders (2013) authored an insightful and balanced text in which he sheds light on the future of the death penalty. In the text, Flanders presents the views of the American people. He reports that a majority of Americans feel that the death penalty is permissible. They base their belief on moral grounds. According to the Americans who support the death penalty, when one commits a serious crime, they should suffer punishment that is equally serious. In 2017, the Pew Research Center conducted a survey to establish the views of Americans regarding the death penalty. The results of the survey confirm the observation that Flanders (2013) made. Most Americans continue to support the death penalty, finding that it is a necessary tool that the American justice system needs to punish individuals who commit atrocious violations (Oliphant, 2018). Mancini and Mears (2010) also investigated public opinion regarding the death penalty. For their study, they sought to establish if the participants felt that the death penalty was an appropriate punishment to be imposed on those who commit serious sexual offenses. The findings of the study indicate that a significant number of the participants endorse the death penalty for sexual crimes. There is no question that the American people are consistent and passionate in their support of the death penalty. The views of the American people echo the deterrence theory. In supporting the death penalty, it must be that these Americans feel that the death penalty is an effective tool for discouraging involvement in crime. Since most Americans endorse the death penalty, with some driven by the belief that this punishment deters criminals, it can be concluded that there is a strong case for the US to keep the death penalty.
The fact that most Americans express support for the death penalty serves as evidence that this punishment is an effective deterrent. Otherwise, the American people would be united in their opposition to the death penalty. Further evidence of the deterrent impact of the death penalty can be seen in expert testimony. David Muhlhausen (2007) is among the experts on criminal justice who have shared their perspectives on the importance and effect of the death penalty. In 2007, he spoke before a Senate subcommittee. In his testimony, Muhlhausen confirmed that the death penalty “deters crime and saves lives”. Muhlhausen obtains much of his credibility and authority from the fact that he is an expert with vast experience in criminal justice issues. Furthermore, the fact that he presented testimony before a senate subcommittee lends him additional credibility. Therefore, given that experts endorse the death penalty, it is fair to suppose that this punishment holds the key to tackling criminal activity in the US. In the interest of fairness and balance, it is important to point out that the article that Muhlhausen’s article appeared on the website run by the Heritage Foundation, an organization that has historically expressed support for conservative causes and positions.
Above, some arguments in favor of the death penalty have been presented. While these arguments are compelling, they are not without flaws. For example, questions can be raised about the objectivity and authority of Muhlhausen. One can raise further objections about the admissibility of the argument that since most Americans support the death penalty, it is effective as a deterrent. More compelling arguments can be found in scholarly studies which have conclusively determined that there is a strong and positive association between criminal activity and the death penalty. Dezhbakhsh and Shepherd are among the scholars whose study established this relationship. Their study involved an examination of panel data from 50 states collected between 1960 and 2000. For the study, they set out to determine the changes in murder rates after the 50 states introduced stricter death penalty regulations. The main finding that they obtained is that following the introduction of the tougher laws, the states witnessed significant drops in murder rates. This observation is evidence that the death penalty has a deterrent impact. It is important to note that Dezhbakhsh and Shepherd are not isolated in finding that the death penalty helps to discourage criminal activity. Zimmerman (2004) is yet another scholar who conducted a study that led him to conclude that the death penalty deters criminal activity. To arrive at this conclusion, Zimmerman explored data collected over a 21 year period from 1978. As opposed to other scholars whose findings were rather general, Zimmerman conducted his study in a way that he was able to quantify the deterrent impact of the death penalty. According to Zimmerman, for every single execution that a state carried out, an average of 14 murders were prevented annually. This finding is indeed significant and underscores the deterrent property of the death penalty.
Above, some of the works by scholars who have concluded that the death penalty incentivizes individuals against involvement in criminal activity have been cited. One should understand that there are more studies which confirm the observations by the scholars discussed above. Shepherd (2004) set out to investigate the relationship between the imposition of the death penalty and murder rates across the United States. She gave special focus to murders of passion and those perpetrated by inmates held in correctional institutions. In her text, she states that in the past, there was a common belief that there was nothing that could be done to prevent these murders. Through her study, she was able to debunk this belief. She notes that capital punishment leads to significant drops in murder rates. In addition to confirming that the death penalty actually deters crime, Shepherd also identified the communities that gain the most benefit from this punishment. She records in her article that the black and white communities registered the biggest drop in murders as a result of the death penalty. These communities account for a significant portion of the murders committed in the US every year. From the study by Shepherd, it is clear that if the US wishes to keep the rates of serious crimes like murder and sexual violence at low levels, it should maintain the death penalty. The effectiveness of the death penalty serves to confirm the validity of the deterrence theory. As noted in a previous section, this theory predicts that by imposing harsh sentences, nations are able to combat crime. Therefore, the success of the American criminal justice system hinges on ensuring that death penalty remains part of the system.
This far, the death penalty has been presented as a tool that is in itself an effective deterrent. However, to further understand why this punishment holds the key to eradicating serious crimes, it is helpful to consider what happens when a nation is lenient in its imposition of the death penalty. This is what Naci, Gittings and Mocan (2003) did. They sought to determine the changes that occur in crime rates when states commute the death penalty or free individuals initially sentenced to death. The results that these scholars obtained show that leniency yields increases in the perpetration of such crimes as murder. According to Naci and her team, when a state commutes one death sentence, it witnessed one additional homicide. On the other hand, when a state carries out an execution, it sees the number of murders drop by as many as five. The researchers found no significant effect of commutation or execution on such minor crimes as burglaries and assaults. The main conclusion that can be drawn from their findings is that the death penalty is indeed an effective deterrent. If they are truly committed to protecting their communities against such crimes as murder, states in the US should keep the death penalty.
In an earlier section, it was pointed out that the deterrence theory posits that severe punishment discourages crime. To gain a deeper understanding of how this theory manifests in the imposition of the death penalty, one should consider the various methods that are used across the US to execute offenders. These methods include the firing squad, electrocution, hanging and lethal injection. Zimmerman (2006) conducted a study with the goal of establishing how each of these methods is related to murder rates in different states across the US. After reviewing panel data, he established that electrocution led to the most significant drop in murder rates. The significance of this finding cannot be overstated. A possible explanation of why executions led to the highest decline in murder rate lies in its gruesome nature. It could be that understanding the cruelty and pain that accompanies execution by electrocution makes it clear to would-be criminals that unless they turn away from violating the law, such is the fate that awaits them. These individuals then choose to comply with the law. Therefore, Zimmerman’s study essentially confirmed what other scholars had established- the death penalty effectively tackles crime.
The focus of the discussion this far has been to show that the death penalty is an effective deterrent. In defense of this position, compelling and ample evidence has been presented. However, the discussion would not be complete without an examination of the counter-argument. There is equally strong and compelling evidence that the death penalty has little to no deterrent effect on criminal activity. For example, Chen (2012) found that the death penalty has no significant deterrent impact. He made this observation after conducting an inquiry into the link between executions and incidences of desertion among soldiers in Britain and Ireland. He noted that following an execution, Ireland witnessed an increase in the number of soldiers who deserted. The implication of Chen’s observations is that instead of deterring crime, the death penalty could actually fuel criminal behavior.
Further indications that the death penalty does not deter crime can be found in recent developments witnessed in the US. Recently, Washington State introduced a new policy that basically abolished capital punishment (“Washington State Abolishes”, 2018). Through this policy, Washington joined the growing list of states that have found that the death penalty is cruel and that it fuels racial discrimination. The situation in the US reflects the trends being witnessed across the globe. For example, European nations are abolishing capital punishment. Additionally, activists and other stakeholders are growing louder in their calls for the US to stop executing offenders. In fact, companies whose products are used in lethal injections have protested and stopped making the products available to US state governments. The pressure for the US to abandon the death penalty could be being driven by the understanding that this punishment is ineffective, immoral and has no significant impact on the perpetration of serious crimes. While it is true that there is a solid foundation supporting the calls for the US to abolish capital punishment, it should not be forgotten that there is ample, conclusive and compelling evidence that has linked the death penalty to declines in serious crimes. Therefore, the argument that capital punishment deters crimes remains valid and sound.
Christian Worldview
The discussion on the death penalty and its effects on crime can be better understood through the lens of the Christian faith. A deep reflection on the Bible leads one to find that Scripture appears to endorse the death penalty. For instance, Exodus 21:12, the Bible declares that “anyone who strikes a person with a fatal blow is to be put to death”. Here, the Bible basically states that those who commit murders should be executed. There are numerous other verses where the Bible appears to further support the death penalty. For example, Genesis 9:6 sanctions the death penalty by declaring that those who shed the blood of others should be killed. The Old Testament seems to be in support of the death penalty. On the other hand, the New Testament encourages forgiveness and mercy. One should understand that the Christian worldview extends beyond the provisions of the Bible. Such other issues as the authority of the state to maintain order also form part of the Christian worldview. Believers who support the death penalty argue that this punishment is necessary to ensure order and compliance with the law (Massari, 2014). Basically, the debate among Christians pits believers who feel that the death penalty is inconsistent with the Gospel and the spirit of Jesus Christ against those who endorse this punishment, finding it to be a necessary tool for ensuring fairness and justice.
In addition to shedding light on the death penalty, the Christian worldview also provides insights regarding deterrence. There are a number of verses in the Bible where deterrence is established as the main purpose of punishment. For example, Hebrews 10:26-30 makes it clear that punishment awaits those who violate the laws of God. On the question of deterrence, the Bible is rather consistent and coherent. The main message that it conveys is that punishment is intended to encourage obedience and compliance. There are various instances where God successfully used punishment to challenge the people of Israel to follow his commands. From these instances, it can be concluded that the Bible validates the deterrence theory of crime and by extension endorses capital punishment as an effective deterrent.
Conclusion
The death penalty continues to divide American public opinion. This division is not surprising given that the death penalty is a high-stakes issue. It is true that different arguments have been raised in support of and opposition to the death penalty. However, the people who feel that the death penalty is necessary present a more compelling case. There is ample research evidence that the death penalty is responsible for significant drops in murder rates in the US. This research adds to expert testimony which indicates that the death penalty is an effective approach to combating crime. The Bible also appears to support the death penalty. While it remains true that the death penalty has its benefits, it should be understood that it also suffers drawbacks. Instead of dismissing the concerns raised by those opposed to this punishment, the US should engage in consultative discussions and debate aimed at shaping the future of the death penalty in the country.
References
Chen, D. L. (2012). The deterrent effect of the death penalty? Evidence from the British commutations during World War I. Society of Labor Economists. Retrieved August 6, 2019 from https://www.sole-jole.org/13382.pdf
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), 344-76.
Dezhbakhsh, H., & Shepherd, J. M. (2006). The deterrent effect of capital punishment: evidence from a “judicial experiment”. Economic Inquiry, 44 (3), 512-35.
Flanders, C. (2013). The case against the case against the death penalty. New Criminal Law Review, 16 (4), 595-620.
Lee, H. (2017). Taking deterrence seriously: the wide-scope deterrence theory of punishment. Criminal Justice Ethics, 36 (1), 2-24.
Mancini, C., & Mears, D. P. (2010). To execute or not to execute? Examining public support for capital punishment of sex offender. Journal of Criminal Justice, 38 (5), 959-68.
Massari, P. (2014). The death penalty and Christianity. The Harvard Gazette. Retrieved August 6, 2019 from https://news.harvard.edu/gazette/story/2014/06/the-death-penalty-and-christianity/
Muhlhausen, D. (2007). The death penalty deters crime and saves lives. The Heritage Foundation. Retrieved August 6, 2019 from https://www.heritage.org/testimony/the-death-penalty-deters-crime-and-saves-lives
Naci, M. H., Gittings, R. K., & Mocan, N. H. (2003). Getting off death row: commuted sentences and the deterrent effect of capital punishment. Journal of Law and Economics, 46 (2), 453-78.
Oliphant, J. B. (2018). Public support for the death penalty ticks up. Pew Research Center. Retrieved August 6, 2019 from https://www.pewresearch.org/fact-tank/2018/06/11/us-support-for-death-penalty-ticks-up-2018/
Shepherd, J. M. (2004). Murders of passion, execution delays, and the deterrence of capital punishment. The Journal of Legal Studies, 33 (2), 283-321.
Washington State abolishes death penalty. (2018). BBC. Retrieved August 6, 2019 from https://www.bbc.com/news/world-us-canada-45831849
Zimmerman, P. R. (2004). State executions, deterrence and the incidence of murder. Journal of Applied Economics, 7 (1), 163-93.
Zimmerman, P. R. (2006). Estimates of the deterrent effect of alternative execution methods in the United States: 1978-2000.
