Capital Punishment as a Form of Deterrance and Permanent Incapacitation

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Capital Punishment as a Form of Deterrance and Permanent Incapacitation

Society has always used punishment to discourage “potential” criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder. The death penalty is arguably the strongest deterrent for murder and the strongest punishment for other unspeakable crimes. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life.

For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis, which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. (Kanitz) Supporters of Ehrlich in follow-up studies have produced similar results. Additionally, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure, are the best deterrent. The fact that some states or countries which do not use the death penalty, have lower murder rates than those that do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty.

Ernest van den Haag, a Professor of Jurisprudence at Fordham University who has studied the question of deterrence closely wrote: "Even though statistical demonstrations are not conclusive and perhaps cannot be, capital punishment i...

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...eason to abandon the whole capital punishment system.

Finally, the death penalty certainly deters the murderer who is executed. Strictly speaking, this is a form of incapacitation; similar to the way a robber put in prison is prevented from committing crimes on the streets. Vicious murderers must be killed to prevent them from murdering again. Both as a deterrent and as a form of permanent incapacitation, the death penalty helps to prevent future crime.

Bibliography:

Works Cited

Bean, Ross. The Death Penalty, 24 April 2001.

Carlisle, James. Capital Punishment: Opposing Viewpoints, Atlanta: Powerhouse Publishing, 1999.

Jones, Roy. The Death Penalty, 15 April.

Kanitz, Vicky. Capital Punishment, Toronto: Random House of Canada, 1998.

Paris, Wendy. Capital Punishment. 1 May 2001.

Wynn, Ted. Capital Punishment, New York: Norton, 1974.

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