February** Dynamic Incentive Plan The deterrent effect of the death penalty refers to the effect that the state expects to achieve when formulating, applying and carrying out the death penalty, and can be interpreted differently at different times. In feudal society, the death penalty was mainly used as a means for rulers to assert their authority and eliminate dissent. In modern times, with the development of constitutionalism, democracy and the rule of law, the death penalty has become an important tool of national criminal justice and is used to punish serious crimes. The role of modern criminal law is not only to combat crime, but also to prevent it. The deterrent effect of the death penalty can be effective before, during, and after the crime, forcing the offender to abandon the crime through intimidation, and inducing the offender to surrender, confess, or make meritorious service after the crime in order to reduce the sentence.
The existence of the death penalty is based on the powerful machinery of violence and the means of execution of the State. Death penalty retentionists believe that the death penalty has a continuing deterrent effect both on potential offenders and on individuals who have already committed crimes. They believe that the death penalty, as the harshest form of punishment, can induce great fear in the minds of ordinary people, thus keeping them away from crime. In fact, the deterrent power of the death penalty stems from its extreme consequences, and the total deprivation of life makes it the most direct and effective means of deterrence, which is unmatched by other punishments. Therefore, the retentionists of the death penalty believe that only the retention of the death penalty can play a real deterrent effect.
There are two main views on whether the death penalty has a deterrent effect. American social scientist Serin found that in a long-term survey in Michigan, Ohio, and Indiana, the death penalty was not found to have an effective deterrent effect on ** crimes. Bowers and Pearce's research also showed that the rate of death increased within two months of each execution, further proving that the deterrent effect of the death penalty does not actually exist. In China, Professor Jia Yu discussed the controversy over the deterrent effect of the death penalty in his book "Research on the Death Penalty". In his view, the death penalty is not an effective deterrent to all crimes, especially for acts such as ordinary theft, and its deterrent effect is even more limited.
Italian criminologist Garofalo found that when severe sentences were applied, the rate of crime growth was lower and the death penalty was carried out relatively frequently. Scholars such as Isaac Eric, an economist in the United States, have also demonstrated the deterrent effect of the death penalty through empirical research. Isaac Eric used statistical analysis of data on homicides and executions, and found that each execution could contain the occurrence of multiple potential cases. Another scholar, Enrique, conducted a multiple regression statistical analysis of 40 years of homicide data and concluded that executions can deter multiple homicides. At the same time, Janke's research also shows that every execution of the death penalty can curb the occurrence of a large number of ** cases.
Although sociologists debate the relationship between the death penalty and crime, most agree that it has a deterrent effect to some extent. Although the death penalty is only one of the means of punishment and cannot solve complex social problems by its function of deterring serious crimes alone, this does not deny the fact that it has a deterrent effect. Many scholars believe that economic criminals may weigh the benefits of their crimes against the severity of their punishments, but even so, their inner fluke does not completely eliminate the fear of the death penalty. Empirical studies also show that although there may not be a direct correlation between the death penalty and the increase in violent crime, it does not completely negate the death penalty's deterrent effect on crime.
At the same time, individual differences, cultural backgrounds and other factors affect people's attitudes and behavioral choices about the death penalty, making it difficult to quantify the deterrent effect of the death penalty. Some studies have shown that the execution of the death penalty may temporarily reduce certain crime rates, but the effects are often short-lived. In addition, limitations in data collection and analysis can lead to a complete understanding of the actual effects of the death penalty. Therefore, the deterrent effect of the death penalty needs to be studied and objectively evaluated, and the influence of socio-cultural, legal system and other factors needs to be taken into account.
In addition, other forms of punishment can also have a deterrent effect on crime, but they are slightly less deterrent than the death penalty. Beccaria had already pointed out in 1746 that the key to stopping crime was not the severity of the punishment, but the continuity of the punishment. In the current legal environment in China, the death penalty is still regarded as a more severe punishment than life imprisonment. However, according to a survey of the situation in prisons, most prisoners have the opportunity to obtain a reduction in their sentences through rehabilitation while serving their sentences, and the maximum sentence is only about 20 to 25 years. In contrast, the existence of the death penalty can be a more effective deterrent to serious crimes, especially violent crimes and crimes that pose a serious threat to social security, such as drug trafficking.
As a severe punishment, the death penalty is considered to have a certain deterrent effect, and its deterrent effect has many limitations in practical application. The root cause of criminal behavior is not only the fear of punishment, but also involves many factors such as the individual's social background, psychological state, and motivation for behavior. For some criminals, even knowing that they may face the death penalty, they still risk committing crimes, especially in the face of extreme situations or psychological stress. The execution of the death penalty itself is limited by factors such as judicial procedures and the conclusiveness of evidence, and there is a possibility of misjudgment or miscarriage of justice, thus affecting the deterrent effect of the death penalty. In addition, the diversity of values and morals in society can also affect the acceptance and deterrence of the death penalty.
As one of the harshest punishments, the death penalty has the ultimate deterrent effect, and there is no need to prove its deterrent effect on crime. Although sociologists debate the relationship between the death penalty and crime, most agree that it has a deterrent effect to some extent. Economic offenders may weigh the benefits of the crime against the severity of the punishment, but even then, the fluke mentality in their hearts cannot completely eliminate the fear of the death penalty. Therefore, the existence of the death penalty still has a certain deterrent effect on society, although it cannot completely solve the problem of crime, but it can play a certain role in deterring it to a certain extent.