NEW YORK, June 11, 2007

Death Penalty Deters Murders, Studies Say

Hotly Debated Academic Analyses Claim Up To 18 Lives Saved Per Execution

  • Each execution deters an average of 18 murders, according to a 2003 nationwide study by professors at Emory University. (Other studies have estimated the deterred murders per execution at three, five and 14).

    Each execution deters an average of 18 murders, according to a 2003 nationwide study by professors at Emory University. (Other studies have estimated the deterred murders per execution at three, five and 14).  (AP / file)

  • Interactive Capital Punishment

    Learn about the death penalty in the United States. Check out statistics, history, famous trials and more.

  • Interactive Crime Beat

    Statistics and specifics on crime in America.

(AP) 
In 2005, there were 16,692 cases of murder and non-negligent manslaughter nationally. There were 60 executions.

The studies' conclusions drew a philosophical response from a well-known liberal law professor, University of Chicago's Cass Sunstein. A critic of the death penalty, in 2005 he co-authored a paper titled "Is capital punishment morally required?"

"If it's the case that executing murderers prevents the execution of innocents by murderers, then the moral evaluation is not simple," he told The Associated Press. "Abolitionists or others, like me, who are skeptical about the death penalty haven't given adequate consideration to the possibility that innocent life is saved by the death penalty."

Sunstein said that moral questions aside, the data needs more study.

Critics of the findings have been vociferous.

Some claim that the pro-deterrent studies made profound mistakes in their methodology, so their results are untrustworthy. Another critic argues that the studies wrongly count all homicides, rather than just those homicides where a conviction could bring the death penalty. And several argue that there are simply too few executions each year in the United States to make a judgment.

"We just don't have enough data to say anything," said Justin Wolfers, an economist at the Wharton School of Business who last year co-authored a sweeping critique of several studies, and said they were "flimsy" and appeared in "second-tier journals."

"This isn't left vs. right. This is a nerdy statistician saying it's too hard to tell," Wolfers said. "Within the advocacy community and legal scholars who are not as statistically adept, they will tell you it's still an open question. Among the small number of economists at leading universities whose bread and butter is statistical analysis, the argument is finished."

Several authors of the pro-deterrent reports said they welcome criticism in the interests of science, but said their work is being attacked by opponents of capital punishment for their findings, not their flaws.

"Instead of people sitting down and saying 'let's see what the data shows,' it's people sitting down and saying 'let's show this is wrong,"' said Paul Rubin, an economist and co-author of an Emory University study. "Some scientists are out seeking the truth, and some of them have a position they would like to defend."

The latest arguments replay a 1970s debate that had an impact far beyond academic circles.

Then, economist Isaac Ehrlich had also concluded that executions deterred future crimes. His 1975 report was the subject of mainstream news articles and public debate, and was cited in papers before the U.S. Supreme Court arguing for a reversal of the top U.S. court's 1972 suspension of executions. (The court, in 1976, reinstated the death penalty.)

Ultimately, a panel was set up by the National Academy of Sciences which decided that Ehrlich's conclusions were flawed. But the new pro-deterrent studies have not gotten that kind of scrutiny.

At least not yet. The academic debate, and the larger national argument about the death penalty itself — with questions about racial and economic disparities in its implementation — shows no signs of fading away.

Steven Shavell, a professor of law and economics at Harvard Law School and co-editor-in-chief of the American Law and Economics Review, said in an e-mail exchange that his journal intends to publish several articles on the statistical studies on deterrence in an upcoming issue.

© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment See all 81 Comments
by CBSTV June 14, 2007 3:00 AM EDT
I imagine that severing people's hands would deter theft, too. The question of whether we kill people is a moral one, not a determination made by a study.
Reply to this comment
by toolmangler-2009 June 12, 2007 11:31 PM EDT
The DP is more like a vaccine than a deterrent. Once it is administered to an offender he ceases to murder people. If you just lock them up, they may escape or be paroled and continue where they left off.
Reply to this comment
by weareone2 June 12, 2007 5:00 PM EDT
If the death penalty does deter murder, then why is the murder rate lower in places that do not have the death penalty?
Also, there may be long-term vs. short-term effects. The death penalty reinforces the idea that it is ok to kill someone in order to derive a benefit. I have noticed that I reading about an execution causes me to feel less caring about people I don't know.
Reply to this comment
by samthetvcat June 12, 2007 4:25 PM EDT
Gaye those are really powerful facts - great points! And awesome suggestions . . . the police officers who found one of Jeffrey Dahmer's victims trying to escape and returned him to Jeffrey Dahmer with the gay snickers not only didn't get fired, but they were awarded officer of the year. They're still on duty to this day.

And yeah, Jeffrey Dahmer had a history of *** crimes violence - molesting little kids and killing animals (profilers see this as a precursor to murder) . . . actually that's one other argument in favor of the DP - Wisconsin doesn't have an official DP, so instead of having an execution, prison guards just kept giving Dahmer work assignments with the most violent people in prison until one finally finished the job.
Reply to this comment
by gaye5 June 12, 2007 12:53 PM EDT
andor3 Any assertion that the death penalty is not a deterrent is false. Those studies not finding for deterrence do not say it doesn't exist. Those studies finding for deterrence state that is does. A statutory challenge caused a temporary halt to executions in Texas, in 1996. The result? "The [Texas] execution hiatus, therefore, appears to have spared few, if any, condemned prisoners while the citizens of Texas experienced a net 90 [up to 150) additional innocent lives lost to homicide.
At least 8% of those on death row had committed one or more murders prior to the murder(s) which put them on death row (23), suggesting that with 7,300 sentenced to death, since 1973, that those sent to death row had murdered at least 600 additional innocents after we failed to properly restrain them after their previous murder(s). Justice Department studies suggest that it is likely that some 2 million innocents have been harmed, 100,000 murdered, since 1973, by criminals while "supervised" by US criminal justice systems (parole, probation, mandatory release, furloughs, pre trial releases, etc.) (24).
One group of released death row inmates has been subject to limited review. In 1972 One group of released death row inmates was subject to limited review up till 1987. It appears that some 12 innocent people were murdered by those releases, in addition to other horrendous crimes committed by that same group, this part of the argument is of course are not counted by the media...
Reply to this comment
by gaye5 June 12, 2007 12:37 PM EDT
dogsoul you are so correct...and SamTheTVCat maybe we could jail for life any police or lawyer who deliberately gives wrong evidence that gets an innocent man executed...
and Of course the death penalty will make people think twice about killing someone, that is just straight out logical and if between three and 18 innocent lives could be saved by the execution of each convicted killer, surely this would heavily out weigh the odd person who would be executed wrongly...
I also believe that child *** offenders should be excuted... It is far cheaper to excute the animal than to keep the rotter alive anyway..
jmmnycrckt said "If punishment were a deterent to crime then there would be no crime. Thus, since there is crime, punishment is not a deterent." Jimmy this is just rediculous, even Sinagpore has turned the crime rate around by being very strict about every thing, there will always be murders but people will think twice if they were also to die if caught..Within only a few months of schools doing away with corporal punishment, schools saw the down turn of the behaviour of children, now children rule the schools and homes... children are no longer taught self discipline, they dont have to they can get away with anything..
Reply to this comment
by gunownerdan June 12, 2007 12:32 PM EDT
Each and every one of us can legally impose our own personal death penalty. If you or someone around you is attacked by a dangerous and violent criminal and you fear they may kill someone, you can legally do whatever it takes to protect yourself and others even if it includes blowing the attacker's brains out all over the ground.
Self defense is the most basic of human rights and thank to the Second Amendment we can all be our very own bodyguards!
a-human-right.com
packing.org
Reply to this comment
by gunnerv1 June 12, 2007 11:32 AM EDT
The death penalty deters, because once you kill that little SOB, he won't kill again!
Reply to this comment
by senilebiker June 12, 2007 7:12 AM EDT
Two points.

One - Why is it that in Erope the murder rate is much much lower than in the US, despite the fact there s no death penalty. This means that any deterrent effect is statistically insignificant compared to some other factors - gun control perhaps?

Two - Why are the so called "right to lifers" generally more in favour of the death penalty. Presumably the right to life is only for foetuses.
Reply to this comment
by grammawhamma June 12, 2007 5:47 AM EDT
I don't believe the death penalty deters someone from committing murder. Murders are either committed in a rage (no time to think...oh oh I might get the death penalty) or the murderer is insane or drunk or on drugs (also won't be thinking about the death penalty) or very well planned and thought out carefully. The well planned murderer thinks he or she won't get caught so they also don't fear the death penalty. The only way I can see the death penalty from preventing a murder is that the murderer is not let out of prision a few years down the road to be free to kill again.
Reply to this comment
by drivelphobe June 11, 2007 10:01 PM EDT
Sometmes the courts might convict someone who might be innocent of the crime for which they are being tried, however, if someone is put to death by mistake, that's what they call collateral damage. Anyway, there aren't any "innocent" people involved in these cases. They're all guilty of someting and they might as well bite the dust.
Reply to this comment
by toolmangler-2009 June 11, 2007 8:24 PM EDT
....No, that one person is not enough.
Posted by jmmnycrckt at 05:10 PM : Jun 11, 2007

I am not trying to slam you but I feel you have not done the math. If the DP causes a 50% drop in murders by being in place as opposed to no DP, then to me it is a deterrent. The only true way to know how much it helps is to get in the minds of killers as they commit the act.
Reply to this comment
by intheknow2 June 11, 2007 8:10 PM EDT
can i find at least one person in the world who would not kill someone else because they would face the death penalty...Yes I could. However is that one person enough to support the premise that the Death Penalty deters person committing murder....No, that one person is not enough.
Reply to this comment
by toolmangler-2009 June 11, 2007 7:56 PM EDT
Studies about "Does X deter Y" are an utter farce]

I have to disagree with that. A study that determined that "Forest fires prevent bears" was proven correct. that would make it a 'partial farce'. The real 'utter farce' is the original statement by jmmnycrckt:
Disagreement???
Reply to this comment
by samthetvcat June 11, 2007 7:37 PM EDT
IE I'm guessing the issue with Pakaal really isn't one of certitude - I don't buy the argument that because there's some errors then there shouldn't be ANY executions. Perhaps the solution to the wrongly convicted ought to be to require a greater level of proof than 'beyond a reasonable doubt' which is approximately a 95% level of certainty. For DP perhaps the level of proof ought to be 100% for a particular case which would have eliminated the DP being handed down to those wrongly convicted based solely on eye-witness testimony . . . maybe they'd have still be wrongly convicted of murder, but at least it would take DP off the table. Or would you still have an issue with DP in that case?
Reply to this comment
by samthetvcat June 11, 2007 7:32 PM EDT
pakaal

So what would your position be if there IS DNA evidence, as well as a by-the-book admission of guilt, combined with special circumstances?
Reply to this comment
by dogsoul June 11, 2007 7:32 PM EDT
"More fun facts: Since 1973, 123 people in 25 states have been released from death row because they were not guilty."

Well, just to put that into perspective - upwards of 15,000 + innocent people die in automobile accidents EVERY YEAR. Okay, so it's irreversible - and on the tiny tiny tiny hint of a slight chance it could turn out they were actually proven innocent after having already been killed??? Well, frankly - that's just bad luck - especially if it means we save thousands of lives from murdering scum yet have to live with those unfortunate b*stards who got wrongly convicted... In the war against violent crime, there will unfortunately exist some collateral damage -

Reply to this comment
by brucenews June 11, 2007 7:16 PM EDT
Hard punishment should deter crime. The government should also increase the punishment for those who refuse to stop when a policeman turns on his lights and or siren to pull over someone and they won't and start a high speed chase. Its dangerous and can cause injuries and death of inocent bystanders. I watched a two hour long high speed chase on CBS News, the other night
The driver was said to be a shooting suspect and armed. Penalties for this sort of chase should include every mile that the police have to chase the driver, one year in prison is tacked on to what other things the driver is charged with for every mile chased. No pleading, no early parole.
Reply to this comment
by toolmangler-2009 June 11, 2007 6:50 PM EDT
Death can't be revoked, and our criminal justice system simply isn't good enough to guarantee more innocent people won't be killed by the death penalty in the future.
Posted by pakaal at 03:15 PM : Jun 11, 2007


Do some googling and find out how many deaths were caused by people convicted of murder since 1973. How many murderers are in prison, on death row.
In a later post you give this info, "More fun facts: Since 1973, 123 people in 25 states have been released from death row because they were not guilty." Subtract that number from the sum you got from the previous searches. Now, add the number of murders committed by released murderers that never received the DP. Tell us what you come up with.
Reply to this comment
by pakaal June 11, 2007 6:15 PM EDT
More fun facts: Since 1973, 123 people in 25 states have been released from death row because they were not guilty.

Death can't be revoked, and our criminal justice system simply isn't good enough to guarantee more innocent people won't be killed by the death penalty in the future.
Reply to this comment
See all 81 Comments

Exclusive Webshow

Best-selling author Mitch Albom on his first nonfiction work since "Tuesdays with Morrie." Watch Now

  • MOST POPULAR
Discussed
  1. House Passes Landmark Health Care Bill

    (478 recent comments)

Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: