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Capital punishment is such a costly, controversial, and divisive issue that, unless it succeeds in saving lives, it clearly should be abolished – as it already has been in the European Union and in 101 countries around the world But does the death penalty save lives? Let’s consider the relevant factors and the evidence.Some feel the question of whether the death penalty deters can be argued as a matter of theory: capital punishment is worse than other penalties therefore it must lead to fewer killings. This contention misses much of the complexity of the modern death penalty. First, theory can’t tell us whether the spectacle of state-sanctioned killings operates to unhinge marginal minds into thinking that their own grievances merit similar forms of retribution that they then try to inflict on their own. Even if some other criminals were deterred by the death penalty, one must ask whether these avoided crimes would be more than offset by the possible brutalisation effect.Second, operating a death penalty regime – at least in the United States – has been incredibly costly, as each case resulting in a death sentence will spend years in various types of legal appeals, eating up the valuable time of judges, prosecutors, and defence lawyers, overwhelmingly at government expense.The best research on the issue suggests that life imprisonment is a less costly penalty, since locking someone up is far less expensive than both locking them up and paying a team of lawyers for many years – often decades – to debate whether a sentence of death should be imposed. In California, for example, execution is only the third leading cause of death for those on death row (behind old age and suicide).Some might contend that the lengthy appeals are a needless burden that should be jettisoned so that the penalty is administered more cheaply and quickly, but the large number of exonerations of those on death row (155 including 21 by DNA evidence at last count) underscores the danger of any effort to short circuit the judicial process. Killing a few innocent defendants is an unavoidable consequence of having a capital regime – so unless there is some clear evidence of deterrence, it is hard to argue positively for the death penalty.
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