Page:The Green Bag (1889–1914), Volume 22.pdf/677

 Reasons for Retaining the Death Penalty A JUDICIAL discussion of the effect of the death penalty on homicide is given by Arthur MacDonald. Honorary President of the Third International Congress of Crimi

nal Anthropology, in a recent number of the American journal of Sociology. Mr. Mac donald considers a wide range of statistics from diﬁerent countries, and his conclusion is that the death penalty has a deterrent effect on the crime of homicide and “gives a ﬁrmness to the execution of all the laws by a sort of radiation." To quote from the author's own recapitulation:— “(1) Historically the death penalty has been enforced less and less until it has ceased to exist in many countries.

(2) The import

ance of the death penalty has been over estimated. (3) It is important mainly because it has been made to seem so to the public. (4) From a criminological point of view it is of subordinate signiﬁcance.

(5) The death

penalty is not a question of sentiment, but of fact. (6) Whether the death penalty lessens crime (especially murder) or not, cannot as yet be demonstrated by statistics, because: (a) facts as to murders are not as yet adequately collected; (b) and, if they were, the question could not be determined without comprehensive statistics of all forms of crime;

(0) and, were such data obtained,

it is doubtful if the question could be settled as a general proposition on account of the various conditions in different countries. (:1) But in certain localities at certain periods the death penalty has been shown with great

of crime. (9) As statistics are not adequate to demonstrate with certainty the inﬂuence of the death penalty, the next best source upon which to depend is the opinion of those having long experience in dealing directly with criminals. This opinion favors the maintenance of the death penalty. (10) Criminals themselves in their own organiza tions for plunder make death the most frequent form of punishment. (11) The most astute criminals, as robbers and bank breakers,

have often said that they prefer to operate where there is no possibility of suﬁering the death penalty. (12) Arguments against the death penalty are generally theoretical, and frequently sentimental. (13) Such arguments have little weight from the scientiﬁc point of view. (14) But since these arguments are

so frequently advanced, a few will be brieﬂy noted: It is said the death penalty is a relic of barbarism, or a legal murder, or shock

to the moral sense of the community, etc. Such objections show a disproportion in sentiment, for, while there is abundant sym

pathy manifested for the very few guilty murderers executed, there seems to be little or no sympathy for the hundreds of innocent victims often brutally murdered. The in

justice of such sentiment is often so great as to be pathological. (15) The fact that the death penalty has gradually ceased to be executed is no reason why it should cease altogether. (16) The death penalty makes it certain that the criminal cannot take the life of another. Frequently those executed have killed more than one person.

(17) The death

probability to lessen certain forms of crime

penalty gives a ﬁrmness to the execution of

and, therefore, the probability of this effect has been increased for different countries under similar conditions. (7) The fact that murders and other crimes of violence have

all the laws by a sort of radiation.

decreased, after abolishment of death penalty,

does not show that this was the cause of such decrease, for: (a) most murders are probably due to miserable and often desperate con ditions, as shown in England; (b) many murders and especially crimes of violence (as certain kinds of assaults) are due to alcoholism. (8) The conclusion is that from a statistical point of view it is probable that the death penalty tends to lessen certain forms

(18)

Robbers, thieves, and assaulters committing crimes subject to life imprisonment (where there is no capital punishment) are encouraged to make sure of killing their victims, for this additional crime would rid them of a danger ous witness, without increasing their punish ment. (19) Also a man imprisoned for life could kill his keepers without further punish ment. (20) The unnecessary and injurious notoriety given to executions by the press should not be allowed, thus avoiding a serious but unnecessary objection to the death penalty."