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THE INCAPACITATION AND THE DETERRENT EFFECTS

rent effect is proven by individual deterrence. Individually and collectively, these three effects present a strong morale argument for executions. Executions save lives. Period. Our choice is to spare the lives of the murderers and to, thereby, sacrifice the lives of the innocent or to execute those murderers and to, thereby, spare the lives of the innocent. What do you choose? The test for deterrence is not whether executions produce lower murder rates, but that executions produce fewer murders than if the death penalty did not exist. For example, the fact that the state of Delaware executes more people per capita (1/87,500) than any other state and has a murder rate 16 times lower than Washington, D.C. (5/100,000 vs 78.5/100,000) is not proof, per se, that the death penalty deters murder in Delaware or that the lack of the death penalty escalates murders and violent crime in Washington, D.C., which has the highest violent crime and murder rates in the U.S. Be careful how you explain and understand deterrence. 1) The argument that murderers are the least likely of all criminals to repeat their crimes is not only irrelevant, but also increasingly false. 6% of young adults paroled in 1978 after having been convicted of murder were arrested for murder again within 6 years of release. ("Recidivism of Young Parolees," 4, 1987, BJS). Murderers have so violated the human rights of their victims and of society that it should be a moral imperative that they never again have that opportunity. 2) Obviously, those executed can’t murder again. "Of the roughly 52,000 state prison inmates serving time for murder in 1984, an estimated 810 had previously been convicted of murder and had killed 821 persons following their previous murder convictions. Executing each of these inmates would have saved 821 lives." (41, 1 Stanford Law Review, 11/88, pg. 153) Using a 75% murder clearance rate, it is most probable that the actual number of lives...

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