mpletely capricious, without a purpose or logic of its own in the mind of the perpetrator. Many acts of violence are a distorted way of asserting one's sense of self-worth or of getting recognition. A former armed robber said, "At least with a shotgun in my hand I was somebody." 2. To be deterred, a potential offender needs to know the cost of his or her crime and the likelihood that he or she will suffer these costs. Yet, this is almost impossible to calculate. Few murderers are caught, prosecuted, sentenced and actually executed. From the 1930s to the 1960s, when executions were frequent, less than one execution occurred for every 70 murders. Over the past twenty years, an average of only one out of every one hundred persons convicted of murder was actually sentenced to death. As a result of all of these variables, it is impossible for a potential killer to know with certainty that if he or she kills, the death sentence will be the consequence. Yet knowledge and certainty of cost is a key assumption of deterrence theory. To make the cost of murder certain, we would have to quickly and automatically execute convicted murderers, regardless of circumstances. To apply the death penalty in such a way, we would need to abolish most of the procedural safeguards and constitutional rights we now have. We would have to be willing to execute some innocent people. We would have to be willing to increase the chances for the misuse of our legal system. In order to do that, we would have to be willing to give up our own access to those legal safeguards as well. We would have to opt for a justice system without room for mercy, without the possibility of considering circumstances and individuals. 3. For deterrence to work, the potential offender must see the penalty as a significant threat. But some people commit murder as a way of punishing themselves or of committing suicide. Others see it as a way to gain notoriety. For them, the consequence is an ...
