The politics and economics of capital punishment policy: deterrence vs. public opinion

Abstract

The overall purpose of this paper is to examine the determinants of the adoption and commitment to the death penalty in a given State. A State may have the penalty because it serves as a deterrent or perhaps because it represents the just deserts for capital crimes; or maybe both. This paper explores three overall hypotheses: the “need” or deterrence hypothesis, the “desire” hypothesis, and the combination of both. Using a policy analysis framework, I run logit analyses for the pre-Furman and post-Furman periods in the US to test my hypotheses. Finding evidence that death penalty statutes are the result of legislative response to the murder rate and the public´ sentiment towards the death penalty, I conduct and discuss a case application of these findings and conclude that public opinion in favor of capital punishment is relevant but not sufficient for adopting, readopting, or keeping the death penalty. Regardless of whether policymakers believe in the deterrent force of capital punishment to reduce violent crime, they rely on the need for it to justify its adoption or readoption.