CRM/LAW C165 Lecture Notes - Lecture 9: Ceteris Paribus, Deterrence Theory, Econometrics
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Deterrence
• deterrence
o deterrence = all the murders prevented because people choose not to commit
murder out of fear of the death penalty
• specific vs. general deterrence
o specific = punishing someone in order to deter them from committing crimes
o general = punishment someone in order to deter other people from committing
crimes
• deterrence
o who is the target?
▪ deterrence targets everyone except capital murderers
• “it is too rarely noticed that the DP is unique in being the only
punishment whose infliction cannot have any deterrence effect on
those who undergo it” – Bedau p. 128
o what do we want to know?
▪ marginal deterrent effect
• how much more effective than alternative sanctions (long prison
terms) is capital punishment at deterring crimes?
• comparison of the average effect of capital vs. alternative sanction
o analogy: study the effects of cancer drug by comparing
averages for treatment vs. control group
o what don’t we want to know?
▪ does the DP deter? (YES)
• so abolitionists should not say “The DP has no deterrent effect”
▪ does the DP deter more than no sanction at all? (YES)
• real question: does DP deter more than alternative snactions?
• deterrence theory
o sanctions must be
▪ severe
▪ certain
▪ prompt
▪ public
• research methods
o what is econometrics?
▪ complex mathematical modeling of data
▪ developed by economists but used by other
o multiple regression
▪ ceteris paribus: “all other things being equal”
• deterrence: early studies
o comparative
▪ DP state vs. abolitionist states
o longitudinal
▪ abolition vs. reinstatement
o no deterrent effect
• deterrence: early studies
o could be explained by other differences between DP and abolitionist states
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