https://delawarestatenews.net/opinion/issues-answers-death-penalty-deter-rational-people/
Human beings fear death. If we will receive
the death penalty when we murder innocent persons, then we won’t murder them
because we don’t want to die. The death penalty deters us from killing innocent
persons, plain and simple.
Isn’t this just plain common sense? Why do some
abolitionists claim that the death penalty does not deter crime? In this
article, I will explain why I also have some reservation about the deterrent
effect of the death penalty. To be clear, the death penalty, just like all
forms of punishment, may have some deterrent effect. However, its deterrent
effect is more limited than is commonly believed.
Typically, when someone claims that the
death penalty deters crime, she implicitly makes two assumptions about a
potential criminal offender. First, her claim assumes that the potential
offender is a rational agent who is capable of taking into consideration the
consequences of her action. Second, the claim assumes that the potential
offender fears a particular type of consequence, namely, the consequence of
death.
From this brief analysis, we can already
see that the deterrent effect of the death penalty is more limited than we
normally believe. The deterrent effect of the death penalty depends on both
assumptions being true. In short, the death penalty can effectively deter rational
human beings who fear death. The question is, what about those potential
offenders who are not able to consider the consequences of their actions or
those who do not fear death?
Unfortunately, in situations in which at
least one of the assumptions do not apply—e.g., when the potential offender is
not able to consider the consequences of her action, or when she does not fear
death—the death penalty may not deter the offender.
There are at least three situations in
which the death penalty may not deter crime: when the offender does not fear
death, when she cannot think rationally, and when she is confident that she
won’t be caught.
(1) No fear for death
Some people have no fear for death; this
may be due to mental illness, false beliefs, or distorted values. For instance,
Adam might believe that God sends him to kill Bill, and after fulfilling his
sacred duty, he will ascend to heaven. Adam will not be deterred by the death
penalty from killing Bill. Death is not a bad consequence for Adam if he ends
up in heaven.
Or, John might think that if he becomes a
serial killer, then he will be feared by society and will receive all the media
attention. That makes him Übermensch. It is a distinction he is willing to
pursue at the cost of his own life.
One thing worth noting is, if a person has
already received the death penalty, then no additional punishment is likely to
deter her from committing more crime. She’s going to die anyway. The
consequence can’t be worse.
(2) No concern for consequences
Most of us are able to think rationally
most of the time. However, there are times when we become possessed by strong
emotions and lose our capacity to think rationally, perhaps only temporarily.
For instance, there are times when people find out that a loved one was unjustly
hurt or that we were betrayed by someone close to us. It is not unusual for people
to become overpowered by fear or anger and lose the capacity to consider the
consequences of our actions. Under those circumstances, people do not care
about the consequences of their action, and the death penalty will not have any
deterrent effect.
(3) Catch me if you can
Finally, sometimes even rational people who
fear death won’t be deterred by the death penalty. This is because they are
confident that they will not be caught. For instance, Steven is confident about
his plan for a perfect murder, and Ted knows all the loopholes in the criminal
justice system. Neither Steven nor Ted will be deterred by the death penalty.
If my analysis was correct, then the death
penalty have more limited deterrent effect than is commonly believed. It deters
only good people like you and me, rational human beings who value life and fear
death. However, it does not deter those who should be our real concern in
criminal deterrence.
So, abolitionists might be right. The death
penalty does not deter crime.
*The article was previously published in traditional Chinese and appeared in Taiwan People News.
http://www.peoplenews.tw/news/22a0964e-1284-49a6-874e-b402c0cd3d2b
