Is Capital Punishment an Effective Deterrent - Essay Example

2. Influences on Deterrence The dilemma of accepting or rejecting capital punishment as a deterrent in future rate of murder is driven by the underlying socio-economic circumstances and human psychological influences. Defined as “an inhabiting mechanism which involves the risk of monitoring or intervention and associated sanction” (Cools et. al. 2010, p.275), deterrence as a function of capital punishment has not proved its worth and the persistent crime rates in societies where capital punishment is adopted proofs the weaknesses of this doctrine.

However, deterrence is not an absolute measure and it should be studied relative to individuals and circumstances. Thereby, the effects of a sentence may vary indefinitely on individuals and societies they are applied. This paper will examine various factors that have a direct or indirect impact in deterrence minimization ought to be provided by the death sentence. The paper will presents the underlying logics behind the thesis, the authenticity derived from literature and sentiments attached with the issue. 3. Logics Defying Deterrence a) Role of Intent, Plan and Judicial Intricacies Human murder, despite being a detestable act cannot be studied and investigated without an in-depth cause and effect analysis.

Factors and circumstances that led the criminal to commit the murder have a direct influence on the outcome of the death sentence. The punishment would not be a popular decision if it does not have adequate circumstantial evidence and the favors of masses. There are only fewer chances that the death sentence will reduce the murder rate in the society. Another logic that can be presented against the employment of capital punishment as a deterrent to murders is that planned murderers are most likely aware of the ramifications and plan to avoid these apprehension in advance.

These efforts not only show the powerful intent behind a murder but also negate the existence of any deterrence. Rather, these criminals assume that they will never be caught if they can plan carefully. Consequently, the fear of capital punishment may help them to plan even more cautiously and avoid the sentence instead of the crime. Thirdly, the intricacies in criminal law minimize the deterrence offered by the capital punishments. The criminals can bank on delaying tactics maneuvered through attorneys and appeals to final decision.

The delay in justice thereby causes an exceptional damage to deterrence. b) Role of Law and Authority Laws in almost every country have defined separate clauses for unintentional and homicides with an intent. However, the intent of a murder is actually a state of mind and it is very hard to prove in most cases, “Courts have wrestled with the distinctions among such states of mind.” (Homocide n.d.). In such cases the death sentence may be justified as far the course of law is concerned but the deterrence in not defensible.

In other words, the judicial procedures and justifications may be sufficient for the award of a capital punishment