THE DETERRENT EFFECT OF CAPITAL PUNISHMENT

Authors

  • Varsha Bharwdaj LLM, MVN University, Palwal, Haryana, India Author

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Abstract

One argument states that the death penalty does not deter murder. Dismissing capital punishment on that basis requires us to eliminate all prisons as well because they do not seem to be any more effective in the deterrence of crime. 

 

Others say that states which do have the death penalty have higher crime rates than those that don't, that a more severe punishment only inspires more severe crimes. I must point out that every state in the union is different. These differences include the populations, number of cities, and yes, the crime rates. Strongly urbanized states are more likely to have higher crime rates than states that are more rural, such as those that lack capital punishment. The states that have capital punishment are compelled to have it due to their higher crime rates, not the other way around.

 

Abolitionists also hold the notion that criminals do not fear death because they do not take time to think about the consequences of their acts. If that were true, then I wonder how police officers manage to arrest criminals without killing them. When a policeman holds a criminal at gunpoint and tells him to get on the ground, the criminal will comply fully in the vast majority of these cases. 

Published

03-08-2021

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Copyright © 2026 by Varsha Bharwdaj

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How to Cite

Varsha Bharwdaj. “THE DETERRENT EFFECT OF CAPITAL PUNISHMENT”. Journal of Legal Studies & Research, vol. 7, no. 4, Aug. 2021, pp. 334-42, https://journal.thelawbrigade.com/jlsr/article/view/2634.