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87 J. Crim. L. & Criminology 1 (1996-1997)
Deterrence and the Death Penalty: The Views of the Experts

handle is hein.journals/jclc87 and id is 11 raw text is: 0091-4169/96/8701-0001 THE JOUNAL OF CRImiNAL LAW & CluMiNoLoGy Vol. 87, No. 1 Copyright © 1996 by Northwestern University, School of Law Printed in U.S.A. POLICY AND PERSPECTIVES DETERRENCE AND THE DEATH PENALTY: THE VIEWS OF THE EXPERTS* MICHAEL L. RADELET** RONALD L. AKERS*** I. INTRODUCTION The American public has long been favorably disposed toward capital punishment for convicted murderers, and that support contin- ues to grow. In a 1981 Gallup Poll, two-thirds of Americans voiced general approval for the death penalty. That support rose to 72% in 1985, to 76% in 1991, and to 80% in 1994.1 Although these polls need to be interpreted with extreme caution, it is clear that there are few issues on which more Americans agree: in at least some circum- stances, death is seen as a justifiable punishment. Part of the support for capital punishment comes from the belief that the death penalty is legitimate under a theory of 'just deserts.2 This justification suggests that murderers should be executed for re- tributive reasons: murderers should suffer, and the retributive effects of life imprisonment are insufficient for taking a life. While such views are worthy of debate, no empirical research can tell us if the argument is correct or incorrect. Empirical studies can neither answer the question of what specific criminals (or non-criminals) de- serve, nor settle debates over other moral issues surrounding capital punishment. * We appreciate the helpful comments from Phoebe Ellsworth, William Bailey and Samuel Gross on early drafts of our questionnaire. ** Professor and Chair, Department of Sociology, University of Florida. *** Professor of Sociology and Director of the Center for Studies in Criminology and Law, University of Florida. 1 David W. Moore, Majority Advocates Death Penalty for Teenage Killers, GALLuP PoLL MONTHLY, Sept. 1994, at 5. 2 Hugo Adam Bedau, Retribution and the Theory of Punishment, 75 J. PHIL. 602 (1978); James 0. Finckenauer, Public Support for the Death Penalty: Retribution asJust Desserts or Retribu- tion As Revenge, 5 Jusr. Q. 81 (1988).

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