The Deterrent Effect of the Death Penalty

Abstract

Crime is going to be with us as long as there is any social order articulated by laws. There is no point making laws that prohibit some action or other (e.g., murder or theft) unless there is some temptation to commit it. And however harsh the threats of the law, they will not restrain some people, whether because they discount the risk of punishment or because they are exposed to extraordinary temptation. They may hope for an immense profit; or be passionately angry or vindictive; or be in such misery that they feel they have nothing to lose. Thus, I repeat, the problem every society must attempt to solve (in part by means of punishment) is not eliminating crime but controlling it.