Capital Punishment

Paper Summary:

This paper explains that the threat of execution versus life imprisonment, is the essence of the debate over the efficacy of capital punishment as a deterrent. The paper then shows the constraints involved in evaluating whether capital punishment acts as a deterrent. The paper relates that the overriding concern today is perhaps the finality of the punishment, since a growing number of condemned capital offense prisoners have subsequently been exonerated through new investigative techniques, particularly DNA evidence.

From the Paper:

"There are some profound constraints involved in the capital punishment as a deterrent analysis, though. In this regard, Steiker (2005) emphasizes that, "We have not been and never will be able to verify the deterrent effect of executions by conducting a 'controlled' scientific experiment, which would randomly assign either execution or some term of years to similarly situated defendants in similarly situated jurisdictions" (p. 751). Such constraints are compounded by a number of other factors as well. Indeed, even the perception of the efficacy of capital punishment as a deterrent largely depends on an individual's views concerning the death penalty, with those in favor of capital punishment viewing studies of deterrence differently than those who are opposed to the practice (Burke, 2006)."

Sample of Sources Used:

• Burke, A. S. (2006). Improving prosecutorial decision making: Some lessons of cognitive science. William and Mary Law Review, 47(5), 1587-1588.
• Donohue, J. J. & Wolfers, J. (2005). Uses and abuses of empirical evidence in the death penalty debate. Stanford Law Review, 58(3), 791-792.
• Ekelund, R. B., Jr., Jackson, J. D.., Ressler, R. W. & Tollison, R. D. (2006). Marginal deterrence and multiple murders. Southern Economic Journal, 72(3), 521.
• Fattah, E. A. (1981). Is capital punishment a unique deterrent? A dispassionate review of old and new evidence. Canadian Journal of Criminology, 23(3), 291.
• Ferrall, B. R. (2004). Debating the death penalty: Should America have capital punishment? The experts from both sides make their case. Journal of Criminal Law and Criminology, 95(1), 365-367.

More papers on Capital Punishment:

• Argumentative Essay # 22661 : "Capital Punishment and the Washington Sniper"
• Argumentative Essay # 148116 : "Does Capital Punishment Deter Murder?"
• Analytical Essay # 86172 : "Capital Punishment in Texas"
• Analytical Essay # 130903 : "Religion and Capital Punishment"

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