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MURDER AND CAPITAL PUNISHMENT - SOME FURTHER EVIDENCE

NCJ Number
26374
Journal
American Journal of Orthopsychiatry Volume: 45 Issue: 4 Dated: (JULY 1975) Pages: 669-688
Author(s)
W C BAILEY
Date Published
1975
Length
20 pages
Annotation
TO PROVIDE A MORE THEORETICALLY SOUND AND COMPREHENSIVE ANALYSIS OF THE DETERRENT EFFECT OF CAPITAL PUNISHMENT, THIS PAPER COMPARES FIRST AND SECOND DEGREE MURDER RATES FOR DEATH PENALTY AND NON-DEATH PENALTY STATES.
Abstract
THE LITERATURE ON THE DETERRENT EFFECT OF CAPITAL PUNISHMENT IS REVIEWED BRIEFLY. DESPITE THE 'PRESUMED CONCLUSIVENESS' OF THE EVIDENCE ON THE EFFECTIVENESS OF THE DEATH PENALTY, THESE SUTDIES ARE SHOWN TO SUFFER FROM A NUMBER OF THEORETICAL AND METHODOLOGICAL SHORTCOMINGS. SPECIFICALLY, MOST OF THESE STUDIES USE HOMICIDE - NOT THE CAPITAL OFFENSE OF FIRST DEGREE MURDER - IN EXAMINING THE DETERRENT EFFECT OF CAPITAL PUNISHMENT. IN THIS STUDY, A SURVEY WAS CONDUCTED OF STATE BUREAUS OF PRISONS REQUESTING FIRST AND SECOND DEGREE MURDER STATISTICS FOR 1967 AND 1968. A COMPARISON OF THESE STATISTICS FOR THE DEATH PENALTY AND NON-DEATH PENALTY STATES SHOWED CONSISTENTLY LOWER MURDER RATES IN THE NON-DEATH PENALTY STATES, THUS REFUTING THE THEORY THAT THE DEATH PENALTY ACTS AS A DETERRENT. THIS WAS TRUE EVEN WHEN DEMOGRAPHIC, AND SOCIOECONOMIC VARIABLES WERE CONTROLLED.

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