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1 Robert H. Dann, A Study in the Deterrent Effect of Capital Punishment 67 (1940)

handle is hein.death/sdtefcp0001 and id is 1 raw text is: A STUDY IN THE DETERRENT EFFECT OF CAPITAL PUNISHMENT' ROBERT H. DANN Oregon State College The rival arguments-(1) that capital punishment acts as a de- terrent and (2) that its deterrent effect is almost negligible-should be subjected to careful scrutiny. It is proposed to test the validity of these assumptions by setting up a method of measuring deterrence. If a satisfactory measure can be found, and if it can be represented on a graphic curve, one would expect that the effects of one execu- tion or a series of executions would stand out as a noticeable skew- ness in any normal curve that might be established as a homicide rate; and further, that this skewness, if it appears, will be in addition to any deterrence that might be felt by the general population resulting from its knowledge of the existing law. The method of measurement has been to collect data on a large number of homicides, with special reference to the dates on which the crimes were committed, and to arrange these in such a manner as to produce curves that could serve as a measure of the homicide rate. The figures were obtained from the cities of Los Angeles, San Fran- cisco, Portland, and Seattle, including ihe counties in which these cities are located. The material covers the years 1920-34, inclusive, and consists of a total of 2984 homicides. The original search was made in the records of the Coroners' Courts in the counties involved. The cases of homicide used here are those so defined by the decision of the Court. It must be admitted that the higher courts did not always sustain this decision even though death was evidently at the hands of some other party. A distinction was drawn between a homicide and a murder. With a few exceptions, all cases of homicide were extracted from the records.2 All cases in which death resulted from a shooting by a police officer or posseman were included, though they seldom appear in the records of the su- 'The version here printed is considerably condensed. 'One notable exception was made and the case included. Accidents on the streets, and collisions involving street cars and trains were excluded, as were also abortion cases where the patient died. Cases in which a murder was fol- lowed by a suicide were included, as these cases, even though they never come to the attention of the higher courts, are probably murders of a high degree. 'They are cases over which the death penalty had no influence in the homicide situation.

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