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Where Have All the Criminals Gone? (9)

Posted by Maestro On July - 27 - 2009

First, given the rarity with which executions are carried out in this country and the long delays in doing so, no reasonable criminal should be deterred by the threat of execution. Even though capital punishment quadrupled within a decade, there were still only 478 executions in the entire United States during the 1990s. Any parent who has ever said to a recalcitrant child, “Okay, I’m going to count to ten and this time I’m really going to punish you,” knows the difference between deterrent and empty threat. New York State, for instance, has not as of this writing executed a single criminal since reinstituting its death penalty in 1995. Even among prisoners on death row, the annual execution rate is only 2 percent—compared with the 7 percent annual chance of dying faced by a member of the Black Gangster Disciple Nation crack gang. If life on death row is safer than life on the streets, it’s hard to believe that the fear of execution is a driving force in a criminal’s calculus. Like the $3 fine for late1 arriving parents at the Israeli day-care centers, the negative incentive of capital punishment simply isn’t serious enough for a criminal to change his behavior.

The second flaw in the capital punishment argument is even more obvious. Assume for a moment that the death penalty is a deterrent. How much crime does it actually deter? The economist Isaac Ehrlich, in an oft-cited 1975 paper, put forth an estimate that is generally considered optimistic: executing 1 criminal translates into 7 fewer homicides that the criminal might have committed. Now do the math. In 1991, there were 14 executions in the United States; in 2001, there were 66. According to Ehrlich’s calculation, those 52 additional executions would have accounted for 364 fewer homicides in 2001—not a small drop, to be sure, but less than 4 percent of the actual decrease in homicides that year. So even in a death penalty advocate’s best-case scenario, capital punishment could explain only one twenty-fifth of the drop in homicides in the 1990s. And because the death penalty is rarely given for crimes other than homicide, its deterrent effect cannot account for a speck of decline in other violent crimes.

It is extremely unlikely, therefore, that the death penalty, as currently practiced in the United States, exerts any real influence on crime rates. Even many of its onetime supporters have come to this conclusion. “I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed,” said U.S. Supreme Court Justice Harry A. Blackmun in 1994, nearly twenty years after he had voted for its reinstatement. “I no longer shall tinker with the machinery of death.”

Taken From : A Rogue Economist Explores the Hidden Side of Everything

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