In order to solve conflict, human beings used several means But there is one specially controversial, old and drastic: Death penalty. While crimen are an universal issue, punishment and law (or social norms) change from culture to culture.
Within small social groups social sanction and pressure is enough to solve conflicts, while violence is often more commonly used to solve conflict among groups than inside them. Usually conflicts between two groups will be solve by blood payment, where offences are collective rather than individual, and people try vengance death by death, leading to an escalation of violence. But in dense populations with formal organization, as a State, conflict between individuals are much more common. That is the main reason for conflicts where solve by some authority and formal codes (although it is not always the case). In these situations the most common penalty is death
Best explanation for that is in those societies there is little specialization, the possibility of organizing prison is not a real option. Hammurabi's code is great example (famous "eye for an eye") used to applied death penalty in any case of death. But an extreme case is Draconian code in ancient Atenas, where every crime was punished with death, even the little ones. Other examples are given by stoning for adultery (which is still in use) is a kind of collective death penalty. But in societies where specialization is more intensive is less likely its uses. However, is commonly practiced in many part of the world and even in modern societies.
Within small social groups social sanction and pressure is enough to solve conflicts, while violence is often more commonly used to solve conflict among groups than inside them. Usually conflicts between two groups will be solve by blood payment, where offences are collective rather than individual, and people try vengance death by death, leading to an escalation of violence. But in dense populations with formal organization, as a State, conflict between individuals are much more common. That is the main reason for conflicts where solve by some authority and formal codes (although it is not always the case). In these situations the most common penalty is death
Best explanation for that is in those societies there is little specialization, the possibility of organizing prison is not a real option. Hammurabi's code is great example (famous "eye for an eye") used to applied death penalty in any case of death. But an extreme case is Draconian code in ancient Atenas, where every crime was punished with death, even the little ones. Other examples are given by stoning for adultery (which is still in use) is a kind of collective death penalty. But in societies where specialization is more intensive is less likely its uses. However, is commonly practiced in many part of the world and even in modern societies.
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Death penalty map: Red, country with death penalty; Organge: with but has not been used since a long time; yellow: with but just for special occations (as in war times); blue: fully abolished.
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Social response and polemic
When a social system becomes more rational and specific, punishment becomes diverse and allows specifity of sentences (with aggravating and mitigating). Furthermore emergence of humanism (human enhancement) in some societies have contributed to decrease the use of death penalty. However death penalty remains as a popular method and is in the eye of storm if is possible abolish it or not.
According to criminologist, social response to serious crimes awake emotional and punitive reactions on people. People often claim for maximum punishment or as a way to finished a problem it seen has no solution. The main argument is individualist and emotional: "if were your son, what would do you do?" or "There is no possible rehab for such a kind of people, just death left". But Can a penal system be based on emotional response?
Arguments pro and con are many, specially from a moral point of view as if is right takes someone's life in the name of justice or is just simply vendetta. However I am going to focus here on some practical issues.
Arguments pro and con are many, specially from a moral point of view as if is right takes someone's life in the name of justice or is just simply vendetta. However I am going to focus here on some practical issues.
1 -Punishment, Retribution, Treatment, Prevent.
According to penology science, the main funtion of a penalty is restitution of law, in order to accomplish it has to fill these 4 concepts:
Punishment: death penalty is pretty effective. There is less escape probabilities. Is easy too apply in many context.
Punishment: death penalty is pretty effective. There is less escape probabilities. Is easy too apply in many context.
Retribution: When a crime has victims, retribution can calm emotional frustration damage, but generaly speaking, death is not retribution (nothing is coming back) and further, it can increase damage. Death is not going to bring someone back to life. Instead people close to criminals are going to lose someone.
Treatment: No rehab to criminals through death. Unless, ofcourse, you have some esoteric-or-religious beliefs. Good karma.
Prevent: It is possible, but not conclusive data exist to prove it. But ofcourse, a dead criminal is a criminal with 0 probabilities to does it again (Unless, esoteric again, does it from the beyond). However data about it is confuse, because an alternative penalty is life imprisonment and has same effect. In the same scenario is about deterrence.
2 -Deterrence murder and other crimes
Most intituive pro death penalty argument is its deter effect in who commit crimes. In USA the discution is specific on homicides (probably because USA has the highest murder rate in the developed world).
Following some studies (M. Summers, 2007; Paul H. Rubin, 2006; Hashem Dezhbakhsh and Joanna Shepherd, 2003) we can find a statistic correlation between executions and murders decrease (some even try to count how many lifes are safe by every execution). But in the other hand, articles as John J. Donahue ("Uses and Abuses of Empirical Evidence in the Death Penalty Debate" in the Stanford Law Review, 2005) found that those kind of studies fail, making spurious statistic correlations and shows how other factors are more important in murder numbers than executions. Other studies confirm that (Jeffrey A. Fagan, 2006) and remark there is no conclusive data or possible correlation between rate murders and executions, with rigorous studies and bigger data samples (Tomislav Kovandzic, 2009; John Lamperti, 2010). Even there is no conclusive data that prove death penalty deter any criminal rate (Daniel S. and John V. Pepper, 2012).
This seems to be a widespread view among criminologists. Following the sociologist Michael L. Radelet (2009), 88,1% of specialists think that death penalty doesn't deter murders, or not more than life imprisonment. Even there is many that belief that produce contrary effect. Death penalty increase murders rate.
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| USA Murder rates by State. The average murder rate is lower in no-death penalty states. |
An argument given by pro possitions - Based in rational choice theory- is that a criminal will avoid commit crimes when he calculates his Cost/benefit (and death penalty could be considered total loss). However, if we extend this argument based on data, we realize that murders aren't often calculated. On the contrary, runaway or elution does it, which can increase violence. A murderer will try to avoid his punishment, as it cannot be worst, nothing will stop him to commit other crimes (as other murders) to runaway from justice, meanwhile if the punishment is imprisonment, there is a chance to reduce sentence or at less not make it even longer, if he surrender to justice .
3 -Legitimacy of violence
Other possible explanation is "legitimization of violence". According to the anthropologists Carol and Melvin Embar, one culture could stimulate violent behavior among individuals following how the whole society performs. One society that goes to war frecuently, will have higher crime and violence rates. This could be the case for USA, as we said, has the highest murders and violence rates among developed countries. Analysts had said that personal ownership of firearms and american government foreing policy, that has been in constant wars since independence, have done this to the country. But How this effect works?
Basically, State is an importan legitimacy source and a reference to their citizens. When a State use death penalty is sending the message that kill is a legitimate way to solve conflicts. A State performs with the example given and claim for itself a right that forbids to its citizens. Such contradiction is even worst if the source of that legitimity are its own citizens (when they vote), as is the USA case.
4 -Economic cost: Death penalty vs life imprisonment.
A final consequence is the cost of having the application of the death penalty. In general the decision to take a life is increasingly controversial and therefore the trials in which this penalty is usually given are very long to avoid errors, as it is an irreversible sentence. It also encourages the parties to carry trials until the last stages of appeal. The result is an expensive trial.
A study by Judge A. Alarcon and Academic P. Mitchell (2011 ) in California showed trials that resulted in death sentences since 1978 have cost the state more than four billion dollars. According to the authors, the abolition of the death could save more than 170 million per year. While the Commission on the Fair Administration of Justice (2008) determined that the actual cost of the system was 137 million annually, while the replacement of the sentences to life imprisonment would mean a cost of 11.5 million per year. Cheap, isn't it?
A study by Judge A. Alarcon and Academic P. Mitchell (2011 ) in California showed trials that resulted in death sentences since 1978 have cost the state more than four billion dollars. According to the authors, the abolition of the death could save more than 170 million per year. While the Commission on the Fair Administration of Justice (2008) determined that the actual cost of the system was 137 million annually, while the replacement of the sentences to life imprisonment would mean a cost of 11.5 million per year. Cheap, isn't it?
Sources:
Marchiori, Hilda, 2004, "Criminología: teorías y pensamientos"
Brown, Esbensen y Geis, 2013, "Criminology: Explain crime and its context"
Ember y Ember, 1994, "War, Socialization and interpensonal violence"
deathpenalty.procon.org/view.answers.php?questionID=000983
http://www.deathpenaltyinfo.org/costs-death-penalty
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