Does the death penalty deter crime? (Original, before copyediting )

Edited version appears in Delaware State News, January 13, 2018
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