Does the Death Penalty 1

ed
rv
Does the Death Penalty Reduce Violent Crime?
McAvin, Gary A
Se
AKA Gavin
is
e
ic
st
Ju
 Does the Death Penalty 2

Does the Death Penalty Reduce Violent Crime?

With the constant erosion of crime deterrents, will the next one to fall–be the death penalty?
Does the death penalty even provide a deterrent to murder? Where did the death penalty
originate? There appears to be a conflict as to the origin of capital punishment. According to
some historians the death penalty originated approximately 1800 BCE. (Before Common Era).

ed
This is found in the Code of King Hammaurabi of Babylon, where a person could be put to death
for multiple reasons (approx. 25) among which:

rv
1. If anyone bring an accusation of any crime before the elders, and does not prove what he
has charged, he shall, if it be a capital offense charged, be put to death.
Se
2. If anyone ensnare another, putting a ban upon him, but he cannot prove it, then he that
ensnared him shall be put to death.
3. If anyone steals the property of a temple or of the court, he shall be put to death, and also
is
the one who receives the stolen thing from him shall be put to death.
4. If anyone buy from the son or the slave of another man, without witnesses or a contract,
e

silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he take it

in charge, he is considered a thief and shall be put to death.
ic

5. If anyone steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the
st

court, the thief shall pay thirty-fold; if they belonged to a freed man of the king he shall
pay tenfold; if the thief has nothing with which to pay he shall be put to death.
Ju

As there are no viable statistics available concerning the effectiveness of this particular code,
we cannot substantiate the deterrents as applied. There is question as to which code came first
however; the Bible or Hammaurabi! In the Bible the death penalty is first mentioned in Genesis
chapter 9. This instruction and institution takes place after the human race is destroyed by the
flood, thus leaving the code of Hammaurabi null and void; if prior to that time period.
Hammaurabi could also have been Nimrod in Genesis chapter 10, thus he could have known
about the laws given to Noah. Gen 9:6-“Whoever sheds man's blood; his blood shall be shed by
 Does the Death Penalty 3

man. For He made man in the image of Elohim.”

I believe this is the first instance of the death penalty in recorded history. But: has this proven to
be a deterrent against murder? The death penalty has extended down through the annals of time.
The death penalty in America was influenced by Britain.

ed
The Death Penalty in America

“Britain influenced America's use of the death penalty more than any other country.

rv
When European settlers came to the new world, they brought the practice of capital
punishment. The first recorded execution in the new colonies was that of Captain George
Se
Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a
spy for Spain. In 1612, Virginia Governor Sir Thomas Dale enacted the Divine, Moral
and Martial Laws, which provided the death penalty for even minor offenses such as
is
stealing grapes, killing chickens, and trading with Indians” 1
e

Has there been opposition to capital punishment prior to recent times? Or; was capital
punishment accepted as a deterrent to murder? Did the Colonists agree with capital punishment?
ic

The Abolitionists were opposed to capital punishment. The influence of Cesare Beccacia was
st

noticeable in the push to abolish the death penalty in early America.

Ju

1
Death Penalty Information Center
 Does the Death Penalty 4

Of Crimes and Punishments

Cesare Beccaria

Of the Punishment of Death.

“The useless profusion of punishments, which has never made men better induces
me to inquire, whether the punishment of death be really just or useful in a well governed

ed
state? What right, I ask, have men to cut the throats of their fellow-creatures? Certainly
not that on which the sovereignty and laws are founded. The laws, as I have said before,

rv
are only the sum of the smallest portions of the private liberty of each individual, and
represent the general will, which is the aggregate of that of each individual. Did anyone

Se
ever give to others the right of taking away his life? Is it possible that, in the smallest
portions of the liberty of each, sacrificed to the good of the public, can be contained the
greatest of all good, life? If it were so, how shall it be reconciled to the maxim which tells
us, that a man has no right to kill himself, which he certainly must have, if he could give
is
it away to another?
e

But the punishment of death is not authorized by any right; for I have
demonstrated that no such right exists. It is therefore a war of a whole nation against a
ic

citizen whose destruction they consider as necessary or useful to the general good. But if
st

I can further demonstrate that it is neither necessary nor useful, I shall have gained the
cause of humanity.
Ju

The death of a citizen cannot be necessary but in one case: when, though deprived
of his liberty, he has such power and connections as may endanger the security of the
nation; when his existence may produce a dangerous revolution in the established form of
government. But, even in this case, it can only be necessary when a nation is on the verge
of recovering or losing its liberty, or in times of absolute anarchy, when the disorders
themselves hold the place of laws: but in a reign of tranquility, in a form of government
approved by the united wishes of the nation, in a state well fortified from enemies
without and supported by strength within, and opinion, perhaps more efficacious, where
 Does the Death Penalty 5

all power is lodged in the hands of a true sovereign, where riches can purchase pleasures
and not authority, there can be no necessity for taking away the life of a subject.” 2

“The writing Of Crimes and Punishments had a profound effect in European countries. This
book resulted in the abolition of the death penalty in Austria and Tuscany.” (Schabas 1997)

The Abolition Movement in the United States:

ed
”When the first European settlers arrived in America, the death penalty was accepted as

rv
just punishment for a variety of offenses. Although the English Penal Code, which
applied to the British colonies, listed 14 capital offenses, actual practice varied from
Se
colony to colony. In concordance with the English tradition, the Founding Fathers
commonly accepted the death penalty. There has never been universal support for
capital punishment in the United States, however. Even in times when the abolitionist
is
movement has lost prominence, individual states have refused to implement the death
penalty.
e

The movement for abolition gained momentum in the second quarter of the nineteenth
ic

century. In 1845, The American Society for the Abolition of Capital Punishment was
st

founded. Shortly thereafter, in 1847, the Territory of Michigan abolished the death
penalty and replaced it with life imprisonment.” 3
Ju

Let’s look at a classic case as an example of erosion and change in laws and penalties.
The sodomy laws throughout America were at one time; felonies. Let’s review and take a little
digression before returning to point of dissertation.

2
Chapter 28 Of Crimes and Punishments Cesare Bonesana, Marchese Beccaria
3
http://www.amnestyusa.org/abolish/event2/history.html
 Does the Death Penalty 6

“The proscription of sodomy in the English tradition began in 1533 when King Henry
VIII adopted contemporary church doctrine into a system of laws at the time of the
English withdrawal from the Catholic Church. Sodomy became both a sin and a crime,
since ecclesiastical law recognizes no distinction between the concepts of "sin" and
"crime." Sodomy included any form of non-procreative acts including masturbation, oral
and anal sex.

ed
The original thirteen American colonies derived their laws from the English common law
and continued the legal tradition in which sodomy carried the penalty of death.

rv
The 1683 Pennsylvania law called sodomy an "unnatural sin" and the East New Jersey
law listed it among the "Offenses against God."

Se
Every state adopted some form of a sodomy law as it joined the United States, either in
acceptance of an unwritten common law or in formal codification. A slow modernization
of laws away from a religious doctrine into a secular system reduced penalties over time
is
in a piece meal fashion. All states had laws against sodomy by 1960.” 4

What follows next; is what will also happen to any law(s) that activists, liberals, and
e

abolitionists do not agree with. Let’s start with their changing the acronym GRID (Gay Related
ic

Immune Disorder) to AIDS (Acquired Immunodeficiency Syndrome) making it less accusatory

st

and more acceptable to the general community. This definition also downplays the impact that
the general public would have towards homosexuality, and minimizing this gay related virus into
Ju

being a disease that attacks the body’s immune system, thus invoking sympathy instead of
condemnation.

“In fact, the reaction in the gay community was indeed swift, but startlingly unexpected.
Not only did the gay community mobilize to attack GRID (Gay Related Immune
Disorder), they worked to ensure that GRID would not be perceived--by either the

4
sodomylaws.org
 Does the Death Penalty 7

medical profession or the public--in any way related directly to their sexual way of life.
Homosexuals indeed needed protection from illness, but that became only a third priority
The second priority was to keep gays from straight disapproval and hatred, and the first
priority was to protect homosexuality itself as a perfectly acceptable, normal, and safe
way of life. Massive interventions were designed and funded to a greater extent than with
any other illness, but none were allowed to target the number-one risk factor itself,
homosexuality.” 5

ed
The next step was to remove homosexuality as a mental disorder in order to minimize its’
impact. See: (The Removal of Homosexuality from the Psychiatric Manual by Dr. Joseph

rv
Nicolosi; Executive Director of National Association for Research and Therapy of
Homosexuality, this manual discusses the American Psychiatric Association's well-known

Se
removal of homosexuality from its list of mental disorders.)

By using the court system (including activist judges) the charge of sodomy (a felony) has
been reduced to a misdemeanor charge in some states; and thus negating the original felony
is
application/s. Now only 13 states have sodomy laws, whereas all 50 states and Puerto Rico had
some form of sodomy laws until the changes. And now the penalty for sodomy ranges from a
e

small fine, to imprisonment; or both. But the repealing process will continue until there is no
ic

punishment for sodomy.

st

Strategies for Sodomy Law Repeal

Ju

Legislative vs. Judicial approaches:

“Several states have simultaneously sought repeal legislation and lawsuits to strike down
the sodomy laws, or have quickly switched from one to the other. Rhode Island, Nevada
and Montana all had both legislation and litigation.

5
("Homosexuality and the Politics of Truth" Jeffrey Satinover, M.D.)
 Does the Death Penalty 8

Legislative repeals in the 1990s have required strong support for gay issues in the
legislature and a politically active gay community to lobby, write, call and visit
legislators. Most remaining sodomy laws are in southern states with small and
inexperienced organizations with strong opposition groups and conservative legislatures
and judiciaries.

Nationally, there are three organizations actively seeking the repeal of sodomy laws. The

ed
ACLU & LLDEF as legal groups, favor litigation, while the National Gay and Lesbian
Task Force—supporting statewide political groups—generally works on legislative
approaches. Naturally all three organizations support repeal by either legislation or

rv
litigation.” 6

Se
Now let’s apply this same strategy to the death penalty argument. The question posed is this:

Should the death penalty be banned or changed to a more palatable form of punishment?
is
What are some of the arguments for (Pro) or against (Con)? What should be considered
in this brief evaluation? Should we first consider the victim/s rights; and their family’s rights, to
see justice and experience closure with implementation of the death penalty against the murderer
e

that killed a friend or loved one? Is seeking closure a right or is it vengeance and a payback for
ic

their suffering? Logically; the implementation of the death penalty is actually deserved in the
st

crime of murder in the first degree. This is especially true if a law enforcement officer is the
victim.
Ju

Is the taking of a convicted murderer’s life cruel and unusual punishment? What about
the victim/s; how would we classify the taking of their life/s? Does the Bill of Rights exempt
capital punishment as an inhumane form of law enforcement? Or; does the Bill of Rights
consider the overall state of man and incorporate this as a checking; or stop gap device?

6
sodomylaws.org
 Does the Death Penalty 9

The execution of a convicted murderer brings closure to the victim’s family regardless what
uninformed people believe. Also; this deterrent also guarantees that this murderer will never
again murder another human being.

Is it better to incarcerate a murderer for the rest of their life at the expense of taxpayers or;
execute them for their crime? Is life in prison worse than being executed directly? What is the
cost per prisoner per year?

ed
State Prison Expenditures, 2001 By James J. Stephan

BJS Statistician

rv
“Correctional authorities spent $38.2 billion to maintain the Nation’s State correctional

Se
systems in fiscal year 2001, including $29.5 billion specifically for adult correctional
facilities. Day-today operating expenses totaled $28.4 billion, and capital outlays for
land, new building, and renovations, $1.1 billion. The average annual operating cost per
is
State inmate in 2001 was $22,650, or $62.05 per day. Among facilities operated by the
Federal Bureau of Prisons, it was $22,632 per inmate, or $62.01 per day.” 7
e

Now we must see if this is cost effective or not to refute the cost prohibitive argument. If
ic

the death penalty system is streamlined to its maximum effectiveness, it could be very cost
effective. Consider the cost of lethal injection drugs, the Doctor that administers these types of
st

injections and the overall bare necessities, how much would this cost? A whole lot less than
keeping a prisoner incarcerated for 20, 30, or even 40 years!
Ju

Process:

Lethal injection is the most popular form of execution today, and it goes like this. A room
is prepared where the subject is strapped down on a stainless steel table. Eight syringes are

7
http://www.ojp.usdoj.gov/bjs/pub/pdf/spe01.pdf
 Does the Death Penalty 10

prepared, two filled with saline solution (to mix with the other chemicals), two with Sodium
Pentathol, two with Pancuronium Bromide, and two with Potassium Chloride. All the syringes
are connected to a multiple inlet device which controls the mix and release of chemicals via an
electronic control box which the executioner operates in an adjacent room. Manual pull rods are
also available to release the chemicals if the electronic device fails to function. All tubes lead to
one hypodermic needle that sticks intravenously into the subject's arm. Although some states
have special procedures, most states follow the 8-Step Unified Execution Protocol, which

ed
consists of the following:

1. An injection of 10cc antihistamine, one half hour prior to execution.

rv
2. An injection of 8cc 2% Sodium Pentathol five minutes prior to transmittal of subject to death
chamber.

Se
3. An injection of 15cc Sodium Pentathol 2% Solution delivered over a ten second time period.
4. A one minute wait.
5. An injection of 15cc Pancuronium Bromide over a ten second time period.
is
6. A one minute wait.
7. An injection of 15cc Potassium Chloride.
8. A two minute wait (subject should be dead by this time). 8
e
ic

Cost:
st

Lethal Injection - Execution by lethal injection is the most common method used to put
condemned inmates to death today. It is achieved by the intravenous delivery of a deadly
Ju

quantity of three different drugs. The inmate is placed on a gurney and his ankles and wrists
are restrained. A regular saline IV line is started in both arms. Upon the signal of the warden,
a large dose of sodium thiopental (a common hospital anesthetic) is delivered, causing
unconsciousness. This is followed by pancuronium bromide, which is a muscle-relaxer which
paralyzes the lungs and diaphragm. This causes the inmate's respiration to slow significantly.
Finally, potassium chloride is introduced into the IV, which causes a fatal cardiac arrest. Death

8
http://faculty.ncwc.edu/TOConnor/410/410lect15.htm
 Does the Death Penalty 11

usually occurs approximately 7 minutes after the lethal injection begins. According to the
Texas Department of Criminal Justice, the cost for the drugs used in lethal injection is $86.08. 9

Does the crime of murder outweigh the consequences or; contrariwise? Is the crime
ignored in favor of the personal feelings of those against capital punishment? Does
imprisonment change the criminal’s attitude towards society? Do extensive sentences work?
The recidivism rate attests against the effectiveness of long prison sentences. At 70%
recidivism; is this a deterrent?

ed
rv
What if you put an innocent person to death? What about someone who is mentally
retarded and cannot understand the results of their actions? This is where positive results are

Se
paramount. With today’s technological advances in criminal science, including DNA positive
identification, there should be no excuse for putting the wrong person to death. I believe the
system should do everything possible in finding someone guilty of a capital offense-murder.
is
Once the absolute identity of the murderer is known, and the appeal process is exhausted, the
death penalty should then be applied. The psychiatric evaluations under skilled Doctors can also
determine the degree of faculties as well!
e
ic

Has any viable arguments come forth that validate the no death by execution laws? We
cannot use the “you shall not kill” excuse, because it does not exist in the Bible. (It actually
st

reads–“you shall not commit murder.”) We cannot use the racism angle because more whites are
executed than any other color. What are the statistics for executions and the ethnicity of those
Ju

executed? Are ethnicities profiled and is there disparity in executions?

RACE OF BLACK 362 34.1%

DEFENDANTS HISPANIC 71 6.6%

9
http://www.prodeathpenalty.com/Methods.htm
 Does the Death Penalty 12

EXECUTED IN THE WHITE 605 57%

OTHER 24 2.3%
U.S. SINCE 1976

NOTE: The federal government counts some categories, such as

Hispanics, as an ethnic group rather than a race. DPIC refers to all
groups as races because the sources for much of our information
use these categories.

ed
[Death Penalty Information Center] 10

Does the death penalty reduce violent crime? I would conclude that it does if applied

rv
consistently. By using the speedy trial process paradigm for executions; you could effectively
reduce the overall death penalty time requirements. By reducing the time from appeals
Se
exhaustion (setting a time limit) to actual execution; the overall process would see a cost
reduction. When criminals know they will be tried, found guilty and executed all within a
certain time framework, it will act as a deterrent.
is
In summation:
e

“The more things change, the more they stay the same. The criminal’s motivation is to
ic

avoid confinement. He sees his probation officer once every couple weeks for a brief
st

appointment. He may attend some programs if they are mandated by the court. And he
may make restitution. But his personality does not change.
Ju

And so the criminal comes up against a world that either bleeds for him because he is a
victim or else wants to remove him from the earth. Criminals have been imprisoned,
educated, counseled, preached to, and even executed. But the policies and programs
continue to be ineffective, largely because those conceiving and implementing them do
not know with whom they are dealing. Decisions are made on the basis of

10
Death Penalty Information Center
 Does the Death Penalty 13

misconceptions in an atmosphere of “do something now and do it fast.”

A surprising number of people who deal with criminals do not know how criminals think.
How a person behaves is determined largely by how he thinks. Criminals think
differently. 11

Capital punishment works, but it needs to be applied consistently. It reveals failure in the present
applications because of extensive delays. This brings statistics into dispute and in some surveys

ed
this renders capital punishment ineffective.

Because it verges on the impossible to change the thinking of a habitual criminal, society should

rv
be spared both the upkeep costs; and the possibility of re-introducing this same murderer back
into society. Capital punishment reduces these possibilities to zero. Personally: I am pro capital
Se
punishment because it does serve as a deterrent to crime; if consistently applied.
is
e
ic

11
“The Basic Myths About Criminals”, pgs. 22-23, Inside the Criminal Mind, Stanton E. Samenow, Ph.D
st
Ju
 Does the Death Penalty 14

References
1. Death Penalty Information Center
2. Chapter 28 Of Crimes and Punishments Cesare Bonesana, Marchese Beccaria
3. http://www.amnestyusa.org/abolish/event2/history.html
4. sodomylaws.org
5.("Homosexuality and the Politics of Truth" Jeffrey Satinover, M.D.)
6. sodomylaws.org

ed
7. http://www.ojp.usdoj.gov/bjs/pub/pdf/spe01.pdf
8. http://faculty.ncwc.edu/TOConnor/410/410lect15.htm
9. http://www.prodeathpenalty.com/Methods.htm

rv
10. Death Penalty Information Center
11. “The Basic Myths About Criminals”, pgs. 22-23, Inside the Criminal Mind,
Stanton E. Samenow, Ph.D Se
is
e
ic
st
Ju