Defined Terms     Baker's Dozen Problems    Articles & Reports - Bibliography   Petition

4.    Capital Punishment Patently Deters Homicides

Below are three extracts from Capital Punishment Patently Deters Homicides:

"In June 2007, a paper titled 'The Death Penalty Deters Crime and Saves Lives' was delivered by David Muhlhausen (Research Fellow in Empirical Policy Analysis at The Heritage Foundation’s Center for Data Analysis) before the Subcommittee on the Constitution, Civil Rights, and Property Rights of the Committee on the Judiciary of the United States Senate.


That paper provided cogent evidence from a welter of earlier analysis, as well as David Muhlhausen's research findings based on 'multiple data' collection points, that " punishment produces a strong deterrent effect that saves lives":

"In summary, the recent studies using panel data techniques have confirmed what we learned decades ago: Capital punishment does, in fact, save lives. Each additional execution appears to deter between three and 18 murders. While opponents of capital punishment allege that it is unfairly used against African-Americans, each additional execution deters the murder of 1.5 African-Americans.  Further moratoria, commuted sentences, and death row removals appear to increase the incidence of murder."

The Deterrent Effect of Capital Punishment: Evidence from a “Judicial Experiment - July 2003 - Hashem Dezhbakhsh (Emory University) & Joanna M. Shepherd (Clemson University) that used murders data covering the fifty U.S. states during the period 1960-2000:

"The results are boldly clear: executions deter murders and murder rates increase substantially during moratoriums. The results are consistent across before-and-after comparisons and regressions regardless of the data’s aggregation level, the time period, or the specific variable used to measure executions."

                   "Plea bargaining

Some research papers have made the case that a murderer was often comfortable with being found guilty of less than 1st degree murder and thereby Sentenced to a lengthy jail sentence, rather than run the risk of contesting a 1st degree murder charge and being found guilty and Sentenced to death.  The possibility of a Death Sentence has increased the likelihood of a 'plea bargain', rather than 'run the gauntlet' in a murder trial hearing where if found guilty execution might be Sentenced.  

Such patent plea bargaining (pleading guilty to a lesser offence) evidences that a lot of people on a charge of murder would sooner accept a lengthy jail sentence, rather that run the risk in a contested murder trial of being found guilty and thence sentenced to death." 

Patently the 'death penalty' is a cogent Deterrent to committing homicide.

Prima facie civil liberties groups that oppose the Death Penalty have short concentration spans.  By nature they lack the Read, Comprehend and Respond in Writing skills necessary to grasp the myriad of impacting components of Australia's complex and multi-faceted Criminal Justice System.  If opponents of the re-introduction of both Corporal Punishment and Capital Punishment in Australia did possess requisite R, C and R skills, some disagree-rs would have accepted this Writer's invitation at  to -

A)       review his Discussion Paper titled 'Thinking Outside the Cell ; -

B)       complete the associated Peer Review Form that provides ample opportunity to disagree with this Writer's beliefs/opinions/assertions therein; and

C)       email their completed Peer Review Form to this Writer's nominated email address (provided in 

The opportunity remains open for civil libertarians inter alios to undertake A), B) and C) above via and so provide a variety of written perspectives on this consequential issue, because their efforts might save innocent lives.

The same civil liberties groups that oppose the Death Penalty also chose to believe that the prospect of a Sentence of Capital Punishment for 1st Degree murder is not a potent Deterrent to others committing murder, when patently experts have opined to the highest levels of authority, primarily in the USA and Europe, that the threat of being Sentenced to the Death Penalty is an effective Deterrent Capital Punishment Patently Deters Homicides provides such expert testimonies. 

Capital Punishment is more humane and civilised than Life Without Parole

In addition to the three primary interrelated pillars of Australia's Criminal Justice System are also forensic services and academia.  Australia's Criminal Justice System is a network of government and private agencies intended to manage accused and convicted criminals.  These five pillars are fashioned to support the ideals of legal justice.  Unfortunately, these ideals can become conflicted, particularly on the issue of whether the Death Penalty is a potent Deterrent to others committing homicide.  Doubtless that some Folk that derive their income from working within Australia's 112 custodial facilities, hold the view that the Death Penalty is not an effective Deterrent to heinous murders and that lengthy jail incarceration is the optimum remedy.  Those income-derived Folk may have associates within academia adept at chronicling papers/reports to that effect, but generally such papers are bereft of empirical forecasts and set out the basis of those forecasts. 

Dating back even before the crucifixion of Jesus of Nazareth, prisons were only used as a 'holding cabin' until the Sentence, usually death, was imposed. 

Rulers believed that a painful, drawn out, public execution transmitted the most potent message to others not to similarly transgress. Joan of Arc was also executed brutally. Swift and cruel punishment was deemed necessary to warn others of the likely consequences of similarly transgressing.