Essay: The effectiveness of the death penalty, does it deter crimes?
*Written by Marcel Biyere and Vyashti RajparaThe Death Penalty ProjectGroup Leader: Lea Natanek
The Death Penalty (DP) otherwise known as capital punishment is widely viewed as the most controversial with descriptions of it being the ‘ultimate cruel, inhuman and degrading punishment’ by Amnesty International. It is also one with a deep and long-standing history with evidence of DP laws stretching as ‘far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the DP for 25 different crimes.’. Many different civilisations and empires have implemented the DP for the order of their societies yet its evolution into punishing serial killers in the 21st Century is a contentious topic. More explicitly does it actually deter crime? With much evidence and theory, it does not appear that there is actual crime deterrence thanks to the implementation of the DP, which seems ineffective.
Analysing the deterrence of the DP
One prominent motivation behind the deterrence of the DP is retribution which means punishment inflicted upon someone as vengeance for a wrong committed. In the focus of serial or mass murderers, these acts of retribution through the DP are channelled by the victims’ families and most times even society. The eye for an eye analogy and reasoning for the DP is one of historical, social and religious importance. Using this reasoning, balance is restored to prevent society from running into a system of violence. Additionally, it can be strongly argued and agreed upon that taking the life of a murderer portrays to society convincingly that murder is intolerable and a crime that has the potential of being fatal. Critics argue that any lesser punishment than a life for a life for such heinous crimes has the potential to ‘undermine the value society places on protecting lives.’ This was certainly the view of District Attorney of Oklahoma Robert Macy when in one of his cases he poignantly stated that ‘For justice to prevail, some killers just need to die’. The case in reference was ‘In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed.’. He said that ‘The killer should not lie in some prison with three meals a day, clean sheets, cable TV, family visits and endless appeals.’ and he was indeed right in raising this point, retribution in such horrific situations serves as true justice, not a lengthy trial and certainly not imprisonment with a nice lifestyle which that offender does not deserve based on their actions. And thus, proving to be a deterrence to future offenders. There have been many surveys and evidence to support the fact that the majority believe in the DP as a form of punishment, deterrence and retribution.
For example, The Gallup Crime Survey found in 2023 that ‘53% of Americans favor the death penalty’. Although this comes as a historic low for the US it still proves the fact that the majority favour the DP as a form of punishment.
Circling back to the idea of retribution 64% of Americans believe that the DP is morally justified when someone commits a crime like murder thus reinforcing the retribution motivation.
Nonetheless, the argument that stands and prevails is that the DP should not remain. Looking at the statistics, capital punishment does not seem to be useful deterrent as 112 out of 195 countries have abolished the DP ; crime still prevails across the globe with or without the DP. Additionally, the Pew Research Center found that an overwhelming 63% of Americans believed that the DP does not deter people from committing serious crimes, an opinion supported by the Executive Director of the DP Information Center Robert Dunham according to which there is no evidence of such a deterrence. He stated in a podcast that murder rates may be affected by many factors, but the DP is not one of them, as over the last 30 years out of the 16 US states with the highest murder rates, 12 still have the DP which highlights its ineffectiveness in preventing crimes.
While most death penalty cases involve murder, the US extends it to other offences, aiming to deter crime. In Louisiana, for instance, aggravated rape of a child under 13 is punished by the DP, yet only 2 death sentences were issued with no executions. This fuels the debate on deterrence efficacy. The National Research Council of the National Academic concluded that studies claiming there was a deterrent effect on murder rates from the DP were ‘fundamentally flawed’. Therefore, if the empirical studies that promote the deterrent effects of the DP are inaccurate then how can a conclusion be drawn that there is deterrence? Following a simple line of logic, no such conclusion can be drawn and consequently, there is no compelling evidence to suggest the DP deters crime.
Case Study: Japan
Japan and the US are the only countries in the G7 still using capital punishment. Japan's usage of the death penalty is believed to be dated back to the early 5th century, with the method of execution being beheading. In modern times, Japan has employed capital punishment consistently since the end of World War II with the typical method of execution being hanging, completed under secrecy. To be given a death sentence in Japan, a person must be convicted of a serious crime, typically aggravated murder. In recent years, the Japanese courts have consistently handed out death sentences for just three crimes: murder, killings involving explosives and homicide during a robbery.
As of writing, Japan has 106 people are on death row for various acts. Their most recent execution took place on July 26, 2022. Tomohiro Kato was hanged for killing over 7 civilians in an attack on Tokyo in 2008.
The Japanese government's main argument for having capital punishment as part of their justice system is its believed deterrent effect. The proponents of capital punishment in Japan argue that it prevents people from committing the most heinous of crimes due to the fear of facing such a severe punishment. It is also important to note that the Japanese government is supported in that belief.
A poll in November 2019 conducted by the Japanese cabinet office stated that 80.8% of Japanese respondents are of the belief that the death penalty is necessary, whereas 9.0% believe that it should be abolished, leaving 10.2% unsure. When the Japanese respondents were asked why they believe it to be necessary, over 45% responded that they think that without it, violent crime will increase.
It remains ambiguous whether Japanese respondents genuinely attribute their country’s low violent crime rate to the presence of capital punishment, potentially drawing from personal experiences of deterrence. Conversely, their beliefs may stem from societal indoctrinations. However, what is clear is that there is also a significant portion of the Japanese respondents, who don’t believe violent crime will increase. Hence, there is a consensus among the respondents who believe there are other, stronger factors that influence the magnitude of violent crime.
Some political thinkers attribute Japan's low violent crime rate to its culture. The Japanese society is widely recognised for its emphasis on social cohesion, respect and inclination towards conflict avoidance. Following The Meiji Restoration, a pivotal political transformation shaping modern Japan, the nation remained loyal to its commitment to collectivism, disassociating itself from the liberal, individual movement inspired by Locke in Europe. Potentially, leading to lower social tensions.
It is also worth noting that Japan has a highly developed education system that provides compulsory education to the lower secondary for all children. In addition, it has a universal healthcare system that provides access to healthcare services for all citizens and residents. As well as that it has a strong, prosperous economy with an abundance of jobs available. Researchers, like the FBI:UCR, suggest that such assets are associated with a lower crime rate, as having access to these things allow people to develop, and have a good, meaningful lives, with life and career opportunities; reducing the incentive to resort to crime (Unknown & UCR.FBI.gov, 2011).
In conclusion, I don’t believe that more countries will adopt this policy to deter those away from violent crime. I think they will focus more on how they can improve their own societal support structure so that they can make it easier for people to have meaningful and opportunity enriching lives.
References:
Amnesty International, ‘DP’ < https://www.amnesty.org/en/what-we-do/death-penalty/#:~:text=It%20does%20not%20deter%20crime,reducing%20crime%20than%20life%20imprisonment > accessed 12th April 2024
DP Information Center, ‘Early History of the DP’ < https://deathpenaltyinfo.org/facts-and-research/history-of-the-death-penalty/early-history-of-the-death-penalty > accessed 12th April 2024
DP Information Center, ‘Arguments for and Against the DP’ < https://deathpenaltyinfo.org/curriculum/high-school/about-the-death-penalty/arguments-for-and-against-the-death-penalty > accessed 12th April 2024
DP Information Center, ‘POLL: For the First Time, More Americans Believe the DP Is Applied Unfairly in the United States’ (6th November 2023) < https://deathpenaltyinfo.org/news/poll-for-the-first-time-more-americans-believe-the-death-penalty-is-applied-unfairly-in-the-united-states > accessed 17th April 2024
DP Information Center, “Discussions With DPIC — Does Capital Punishment Deter Murder? Exploring Murder Rates, Killings of Police Officers, and the DP” (DPInformation Center, September 12, 2017) < https://deathpenaltyinfo.org/resources/podcasts/discussions-with-dpic/discussions-with-dpic-does-capital-punishment-deter-murder-exploring-murder-rates-killings-of-police-officers-and-the-death-penalty > accessed 17th April 2024
DP Information Center ,“DP for Offenses Other Than Murder” (DP Information Center, February 5, 2019) < https://deathpenaltyinfo.org/facts-and-research/crimes-punishable-by-death/death-penalty-for-offenses-other-than-murder > accessed 17th April 2024
News B, “How Many Countries Still Have the DP, and How Many People Are Executed?” (BBC News, October 14, 2018) < https://www.bbc.co.uk/news/world-45835584 > accessed 12th April 2024
Pew Research Center, “Most Americans Favor the DP Despite Concerns About Its Administration” (Pew Research Center - U.S. Politics & Policy, June 2, 2021) < https://www.pewresearch.org/politics/2021/06/02/most-americans-favor-the-death-penalty-despite-concerns-about-its-administration/ > accessed 17th April 2024
UCR.FBI.gov. (2011). Variables affecting crime. Available at:
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Nippon.com. (2020). Polls Reveals More than 80% support Death Penalty in Japan.
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Deathpenaltyinfo.org. (2024). Japan performed no executions in 2023, Making U.S. the only G7 country to Use Capital Punishment Last Year
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