Skip to main content

The Myth of Deterrence: Death penalty does not reduce homicide rate

In theory, the death penalty saves lives by staying the hand of would-be killers. The idea is simple cost-benefit analysis: If a man tempted by homicide knew that he would face death if caught, he would reconsider.

But that's not the real world. The South executes far more convicted murderers than any other region yet has a homicide rate far above the national average. Texas' murder rate is slightly above average, despite the state's peerless deployment of the death penalty. If capital punishment were an effective deterrent to homicide, shouldn't we expect the opposite result? What's going on here?

Human nature, mostly. Murder is often a crime of passion, which by definition excludes the faculties of reason. The jealous husband who walks in on his wife and another man is in no position to deliberate rationally on the consequences of killing his rival. The convenience store robber who chooses in a split-second to shoot the clerk has not pondered the potential outcomes of pulling the trigger.

People overtaken by rage, panic or drunkenness should be brought to justice, of course, but they are hardly paragons of pure reason, and it's unreasonable to assert that they consider the possibility of a death sentence when committing their crimes.

Even premeditated killers don't expect to be executed. And for good reason. Statistics show that a homicidal gangster is far more likely to die at the hands of his fellow thugs than the hands of the state. As economist and Freakonomics author Steven Levitt writes, "No rational criminal should be deterred by the death penalty, since the punishment is too distant and too unlikely to merit much attention."

Well, then, just speed up the appeals process, some say. But the appeals process has already been shortened as much as possible without being reckless. This at the same time that a steady stream of DNA exonerations have raised important questions about investigative tactics once thought to be foolproof.

Is it worth the risk of killing innocent people on the unproven theory that it would result in fewer innocents dying via homicide?

This year, this newspaper reversed its longstanding support of the death penalty because the process is deeply flawed and irreversible. Among the moral, legal and practical reasons for our stance is the absence of hard evidence that capital punishment prevents murder.

Some recent studies purport to show that executions actually deter murders. These studies have been analyzed by others and found to be fatally flawed – "fraught with numerous technical and conceptual errors," as Columbia Law professor and statistics expert Jeffrey Fagan testified to Congress. One Pepperdine study touted last month on the Wall Street Journal op-ed pages found that a national decline in the murder rate correlated with executions. But that study links two broad sets of numbers and leaps to a simple conclusion.

The devil really is in the lack of details. The national murder rate has been declining for a decade and a half – in states with and without the death penalty. But the drop has been faster in states that reject capital punishment. At best, evidence for a deterrent effect is inconclusive, and shouldn't officials be able to prove that the taking of one life will undoubtedly save others? They simply have not met that burden of proof, and it's difficult to see how they could.

The only murders the death penalty unarguably deters are those that might have been committed by the executed. But we shouldn't punish inmates for what they might do. Besides, society has an effective and bloodless means of protecting itself from those who have proved themselves willing to murder. It's called life without benefit of parole. In a previous editorial, we called this "death by prison."

Granting the state the power of life and death over its citizens requires something far more solid and certain than mere guesswork.

Nationally, the murder rate is 5.7 murders per 100,000 people.

Most per capita executions, Murder rate

Oklahoma, 5.8

Texas, 5.9

Delaware, 4.9

Virginia, 5.2

Missouri, 6.3

• The 10 states with the lowest murder rates have collectively executed 11 people since 1976. That's only 1 percent of all executions carried out by states since the death penalty resumed.

• Nine of the 10 states with the highest murder rates in the country have the death penalty.

SOURCES: Death Penalty Information Center; FBI

Source: DallasNews.com

Comments

Most viewed (Last 7 days)

Iran | Convicted killer hanged in Tabriz. Execution carried out by his uncle, who was plaintiff in the case

Iran Human Rights (IHRNGO); May 10, 2025: Hassan Saei, a man on death row for murder, was executed in Tabriz Central Prison. His execution was carried out by his uncle, who was the plaintiff in the case. According to information obtained by Iran Human Rights, a man was hanged in Tabriz Central Prison on 6 May 2025. His identity has been established as Hassan Saei who was sentenced to qisas (retribution-in-kind) for murder by the Criminal Court. An informed source told IHRNGO: “Hassan Saei was arrested for the murder of his cousin and his maternal uncle carried out the execution.”

Wyoming Hasn't Executed Anyone In 33 Years, But It's Tried

It's been 33 years since Wyoming Gov. Mike Sullivan stood in his office next to his priest, warring with himself over the execution of convicted serial killer Mark Hopkinson. The state hasn't executed anyone since that day — but it's tried. In the final few moments of convicted killer Mark Hopkinson’s life, protesters converged on the Wyoming State Capitol while the governor stood in his office, with a priest by his side. The state of Wyoming executed Hopkinson by lethal injection Jan. 22, 1992, at the Wyoming State Penitentiary in Rawlins — 13 years after he was convicted.

Oklahoma | Former death row inmate Richard Glossip’s legal limbo

Former death row inmate Richard Glossip's court hearing gets postponed, leaving the next steps in his high-profile case uncertain. With his conviction overturned by the U.S. Supreme Court, the state must now decide whether to retry him for a 1997 murder of motel owner, Barry Van Treese.  Richard Glossip’s long-running legal battle is once again delayed. His much-anticipated court hearing set for May 9 in Oklahoma County District Court has been postponed at the request of both prosecutors and defense attorneys, according to online court records. A new date has not yet been scheduled.

Oscar Franklin Smith, Tennessee death row inmate, declines to select execution method

Oscar Franklin Smith, a Tennessee death row inmate scheduled for execution on May 22, will die by lethal injection if the process moves forward. Smith, who was asked to choose between lethal injection and the electric chair, declined to pick, his attorney Kelley Henry, a supervisory assistant federal public defender, said. When an inmate does not choose, the method defaults to lethal injection. It's not the first time Smith has been given this grim decision and declined. That decision to not choose ultimately saved his life for three more years.

Florida death row executioner recalls moment he realised job wasn't for him

Ron McAndrew was once the head of Florida's execution programme but one death made him regret everything A man that was once the head of Florida's execution programme recalled the moment where he realised the job wasn't for him, as he admitted he needed therapy to come to terms with what he'd seen. Ron McAndrew, now 88, didn't aspire to be a correctional officer in any form, but after being hired in a Miami prison in 1979, he climbed up the ladder over the next decade and became a warden. In what he now calls a 'wonderful career', he recalled moving to Florida State Prison, famous for holding the US state's death row inmates and for being the site where serial killer Ted Bundy was electrocuted to death.

Saudi Arabia imposes death sentence for Bible smuggling

November 28, 2014: In a recent official statement from the Saudi Arabian government, the death sentence will now be imposed on anyone who attempts to smuggle Bibles into the country. In actuality, the new law extends to the importing of all illegal drugs and "all publications that have a prejudice to any other religious beliefs other than Islam."  In other words, anyone who attempts to bring Bibles or Gospel literature into the country will have all materials confiscated and be imprisoned and sentenced to death.  Source: heartcrymissionary.com, November 28, 2014

Execution methods used in the US today: The promise of a quick and painless death

WARNING: DISTRESSING CONTENT The practice of execution has been around since the days of ancient civilisations, and, as uncomfortable as it may be to think about, this punishment is still handed out in various countries around the world today. Capital punishment for murder was suspended in the UK as recently as 1965, within living memory.  Peter Anthony Allen and Gwynne Owen Evans became the last prisoners to be executed on British soil on August 13, 1964, with the pair hanged at separate prisons in Manchester and Liverpool for the murder of John Alan West. Since then, there have been frequent calls to bring back the death penalty, which some supporters believe to be an effective deterrent against the most despicable crimes. Those on the other side of the debate believe capital punishment to be an inhumane measure, often citing the numerous instances where convicts have faced agonising deaths.

Woman who killed pregnant victim she met on Facebook, cut fetus from womb, ‘claimed’ child as her own to face death penalty trial after double jeopardy appeal rejected

"The stuff that nightmares are made on." Reader discretion advised. A 45-year-old woman in Arkansas who lured a pregnant victim into an ambush and cut out her fetus in a botched scheme to “claim” the child as her own will face the death penalty after the state’s highest court rejected an appeal in which her lawyers argued that her upcoming state murder trial was barred by double jeopardy. The Arkansas Supreme Court last week denied the appeal of Amber Waterman, holding that her federal kidnapping convictions did not prohibit the state from pursuing murder charges against her for the 2022 slayings of 33-year-old Ashley Bush and her unborn daughter, whom she had named Valkyrie Grace Willis.

Dallas DA John Creuzot says office will seek death penalty in retrial of Texas 7 escapee

This will be the first time Creuzot has pursued capital punishment since taking office in 2019. Dallas County District Attorney John Creuzot confirmed to The Dallas Morning News on Wednesday morning that his office will seek the death penalty against Texas Seven escapee Randy Halprin. This will be the first time Creuzot has pursued capital punishment since taking office in 2019. He has opted not to seek death in other high-profile cases, like accused serial killer Billy Chemirmir, Yaser Said, who fatally shot his two teenage daughters and went on the run for more than a decade, or Nestor Hernandez, who murdered two hospital workers at Methodist Dallas Medical Center.

Florida executes Glen Rogers

Florida executes suspected serial killer once eyed for possible link to the OJ Simpson case  A suspected serial killer once scrutinized for a possible link to the O.J. Simpson case that riveted the nation in the 1990s was executed Thursday in Florida for the murder of a woman found dead in a Tampa motel room.  Glen Rogers, 62, received a lethal injection at Florida State Prison near Starke and was pronounced dead at 6:16 p.m., authorities said. He was convicted in Florida of the 1995 murder of Tina Marie Cribbs, a 34-year-old mother of 2 he had met at a bar.