Four law enforce­ment offi­cials from var­i­ous coun­tries who came togeth­er in Washington, D.C., in 2010 for a ground­break­ing inter­na­tion­al dia­logue on the death penal­ty recent­ly pub­lished an op-ed in the San Jose Mercury News regard­ing their dis­cus­sion. From their expe­ri­ence, they dis­count­ed the argu­ment that the death penal­ty deters potential offenders. 

According to the op-ed, The deter­rence argu­ment … goes against our expe­ri­ence inves­ti­gat­ing seri­ous crimes: the major­i­ty of offend­ers do not think through the con­se­quences of their actions. In fact, they do not think they will ever be caught.” Other areas of agree­ment addressed the cost of the death penal­ty, the risk of exe­cut­ing an inno­cent defen­dant, and the punishment’s impact on mur­der vic­tims’ fam­i­lies. The law enforce­ment offi­cials rec­om­mend­ed replac­ing the death penal­ty with more cost-effec­tive alter­na­tives: All of the mon­ey that states spend on the death penal­ty could be used to hire more police offi­cers, train them bet­ter, solve cold cas­es, and pre­vent crimes from occur­ring in the first place. We should spend our lim­it­ed resources on pro­grams that work.” 

The op-ed was writ­ten by: James Abbott, police chief of West Orange, N.J., who served on the state’s Death Penalty Study Commission; António Cluny, senior attor­ney gen­er­al and pub­lic pros­e­cu­tor in Portugal; Bob Denmark, a 30-year vet­er­an of the British police force and a for­mer detec­tive super­in­ten­dent of Lancashire Constabulary, England; and Ronald Hampton, exec­u­tive direc­tor of the National Black Police Association International Leadership Institute and a 23-year vet­er­an of the D.C. Metropolitan Police Department. Read more for the full op-ed and a video of the panel discussion.

Opinion: Police offi­cials argue death penal­ty does­n’t make us safer
By James Abbott, Antonio Cluny, Bob Denmark and Ronald Hampton

Over the past decade, exe­cu­tions have dropped by more than 50 per­cent and the num­ber of death sen­tences has steadi­ly declined, accord­ing to the Death Penalty Information Center. As police and law enforce­ment offi­cers with decades of expe­ri­ence in fight­ing crime in the United States and Europe, we believe that soci­eties are bet­ter off with­out the death penal­ty. We recent­ly came togeth­er in Washington, D.C., for the first inter­na­tion­al dia­logue among law enforce­ment pro­fes­sion­als about the death penal­ty and found impor­tant areas of agreement.

Europe has aban­doned the death penal­ty, but European coun­tries have low­er mur­der rates and high­er rates of solv­ing homi­cides than the United States. In the United States, states with the death penal­ty gen­er­al­ly have high­er mur­der rates than states with­out it. For exam­ple, south­ern states have the high­est mur­der rates and account for 82 per­cent of all U.S. exe­cu­tions. The deter­rence argu­ment is weak and it goes against our expe­ri­ence inves­ti­gat­ing seri­ous crimes: the major­i­ty of offend­ers do not think through the con­se­quences of their actions. In fact, they do not think they will ever be caught.

The death penal­ty, as it is applied, is too ran­dom to effec­tive­ly deter poten­tial offend­ers. If you exe­cute a con­tract killer, for exam­ple, it would not deter a ter­ror­ist. If you exe­cute a ter­ror­ist, it would not deter a young man who breaks into a house, gets star­tled, and shoots the owner.

U.S. politi­cians some­times argue that the death penal­ty is need­ed to deter the killing of police offi­cers. But if one of us were mur­dered, we would not want the per­pe­tra­tor to receive the death penal­ty. The most impor­tant thing would be tak­ing care of our fam­i­lies and help­ing them heal. We have seen how painful it is for fam­i­lies to go through years of death penal­ty tri­als and appeals and that would be the last thing we would want for our own fam­i­lies. The idea that the death penal­ty pro­vides clo­sure” for vic­tims’ fam­i­lies is a myth.

Another myth is that only the guilty are exe­cut­ed. We can tell sto­ries about times expe­ri­enced offi­cers were cer­tain they had the right guy, only to find out lat­er they were wrong. Even when police do their jobs pro­fes­sion­al­ly and in good faith, mis­takes will be made and inno­cent peo­ple will be con­vict­ed. It is hard to imag­ine a greater tragedy. At least with life with­out parole, there is a chance to reopen cas­es if new evi­dence becomes avail­able. Death is irreversible.

Especially as bud­gets tight­en in the United States and around the world, the death penal­ty may be a sys­tem gov­ern­ments can no longer afford. The death penal­ty costs far more than the alter­na­tives. In California, for exam­ple, the death penal­ty costs $125 mil­lion more — every year — than life with­out parole, which also takes the offend­er off the streets per­ma­nent­ly. All of the mon­ey that states spend on the death penal­ty could be used to hire more police offi­cers, train them bet­ter, solve cold cas­es, and pre­vent crimes from occur­ring in the first place. We should spend our lim­it­ed resources on pro­grams that work.

Europe has the same vio­lent offens­es that the United States has, but has found ways to pro­tect its cit­i­zens with­out cap­i­tal pun­ish­ment. For exam­ple, Portugal abol­ished the death penal­ty in 1864 and has nev­er seri­ous­ly con­sid­ered rein­stat­ing it. Even when the coun­try expe­ri­enced polit­i­cal vio­lence and orga­nized ter­ror­ism dur­ing a rev­o­lu­tion in 1974, the death penal­ty was not brought back. Had the ter­ror­ists been sen­tenced to death, they might have become mar­tyrs and the vio­lence might have continued.

Do some mur­der­ers deserve the death penal­ty? Maybe so, but that is an emo­tion­al reac­tion. It is not the basis for cre­at­ing pub­lic pol­i­cy or find­ing the best ways to keep cit­i­zens safe. More states should fol­low New Jersey’s lead, and the exam­ple of 15 U.S. states, repeal the death penal­ty, and adopt life with­out parole in its place. As a grow­ing num­ber of Americans rec­og­nize, life with­out parole is a harsh pun­ish­ment, pro­tects the pub­lic, and elim­i­nates the risk of an irre­versible mis­take, while free­ing up funds for more effec­tive crime-fight­ing pro­grams. This is a bet­ter way to serve vic­tims’ fam­i­lies and prevent violence.

(J. Abbott, A. Cluny, B. Denmark and R. Hampton, Opinion: Police offi­cials argue death penal­ty does­n’t make us safer,” San Jose Mercury News, January 8, 2011). Click here for more infor­ma­tion about the pan­el dis­cus­sion held in Washington, DC, includ­ing videos of the pan­elists’ full remarks. See Costs, Deterrence, Innocence and Victims.

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