Two experts in crim­i­nol­o­gy chal­lenged the ratio­nale for Californias high spend­ing on the death penal­ty in a recent op-ed in the Contra Costa Times. Michael Radelet, chair of the Sociology Department at the University of Colorado-Boulder, and Werner Einstadter, pro­fes­sor emer­i­tus of crim­i­nol­o­gy and soci­ol­o­gy at Eastern Michigan University, con­trast­ed California’s mul­ti-mil­lion dol­lar spend­ing on cap­i­tal pun­ish­ment with the lack of any deter­rent effect. Especially in a time of severe eco­nom­ic cri­sis, the authors main­tained, it makes lit­tle sense to spend exor­bi­tant sums on a pro­gram that pro­duces noth­ing in return. They point­ed to a recent sur­vey of lead­ing crim­i­nol­o­gists that con­clud­ed that the death penal­ty fails as a deter­rent. The sur­vey, pub­lished as Do Executions Lower Homicide Rates? The Views of Leading Criminologists,” found that 87% of the nation’s experts believe that cap­i­tal pun­ish­ment could be abol­ished with­out any adverse effect on the mur­der rate. The study may be read here and the full op-ed by Radelet and Einstadter may be read below.

California offi­cials must know the death penal­ty does not deter mur­der

By Michael L. Radelet and Werner J. Einstadter

A new sur­vey of America’s lead­ing crim­i­nol­o­gists has con­clud­ed that the death penal­ty does not deter homi­cide any bet­ter than long impris­on­ment. Eighty-sev­en per­cent of the experts believe that cap­i­tal pun­ish­ment can be abol­ished with­out any adverse effect on the mur­der rate.

Why then is California keep­ing this expen­sive but unpro­duc­tive pol­i­cy when it is fac­ing a $26 bil­lion deficit? It is astound­ing that the State is spend­ing $137 mil­lion per year to retain the death penal­ty and get­ting noth­ing in return.

The cer­tain­ty of a pun­ish­ment is a more effec­tive deter­rent than its sever­i­ty. In California, near­ly 40 per­cent of all homi­cides are not solved. If the state is seri­ous about reduc­ing the homi­cide rate, it is much more con­struc­tive to spend tax dol­lars on appre­hend­ing mur­der­ers and admin­is­ter­ing prompt pun­ish­ment.

In recent years, pub­lic con­fi­dence in the death penal­ty has been chipped away by DNA exon­er­a­tions, evi­dence of mas­sive inequities and racial bias, its fail­ure to give clo­sure” to vic­tims, and a gen­er­al sense that the sys­tem is too bro­ken to be fixed. Since 1973, 133 peo­ple in 26 states have been released from death row because of evi­dence of their inno­cence. Three were in California.

The most impor­tant ratio­nale used by friends of the exe­cu­tion­er is deter­rence. Supporting the death penal­ty gives politi­cians an easy way to pre­tend that they are seri­ous about reduc­ing crim­i­nal vio­lence.

However, many stud­ies have shown that mur­der­ers do not care­ful­ly weigh the costs and ben­e­fits of their actions. Anyone who can be deterred from com­mit­ting mur­der because of the death penal­ty can also be deterred by the less expen­sive alter­na­tive, life in prison with­out parole. Because of secu­ri­ty require­ments, each inmate on death row in California costs about $90,000 per year more than what it costs to incar­cer­ate a pris­on­er serv­ing life with­out parole.

Even most police offi­cers agree that the death penal­ty does noth­ing to deter crime. In a nation­wide poll of police chiefs, the death penal­ty was ranked last in effec­tive­ness among crime-fight­ing pro­grams behind reduc­ing drug abuse, improv­ing the econ­o­my and jobs, hir­ing more police offi­cers, and reduc­ing the avail­abil­i­ty of guns.

Budget cuts will make it hard­er for the police to catch crim­i­nals and keep the pub­lic safe. In the past year, more than 1,000 police offi­cers were elim­i­nat­ed in California. Now, the state is plan­ning to release tens of thou­sands of pris­on­ers ear­ly because it is too expen­sive to keep them. A pro­pos­al to slash $20 mil­lion from the state’s crime lab is also on the table, among many cuts that may trig­ger a pub­lic safe­ty emer­gency.

California faces dif­fi­cult fis­cal choic­es. Ending a death penal­ty that is not being used, is enor­mous­ly expen­sive, and offers no assis­tance to pub­lic safe­ty should be a no-brain­er. Doing so would save California $1 bil­lion over the next five years. One bil­lion dol­lars would go a long way toward rehir­ing police offi­cers, solv­ing cold cas­es, mak­ing drug treat­ment avail­able, and oth­er pro­grams that reduce crime and make a dif­fer­ence in people’s lives.

Professor Michael Radelet is the Chair of the Sociology Department at the University of Colorado-Boulder and the coau­thor of Do Executions Lower Homicide Rates? The Views of Leading Criminologists.” Professor Werner Einstadter is a pro­fes­sor emer­i­tus of crim­i­nol­o­gy and soci­ol­o­gy at Eastern Michigan University and resides in Walnut Creek, CA. Prior to his aca­d­e­m­ic career, Dr. Einstadter posi­tions in California correctional settings. 


( M. Radelet, and W. Einstadter, California offi­cials must know the death penal­ty does not deter mur­der,” Contra Costa Times, July 12, 2009). See Cost, Deterrence and New Voices.

Citation Guide