Does the Death Penalty Deter Crime?
Should it Be Abolished in All States and the Federal Districts?
Jackie Phillips
Criminology, Post University
CRJ355 Research Methods in Criminal Justice
Dr. Lyndon Godsall
Sunday, June 18 2023
Does the Death Penalty Deter Crime?
Should it Be Abolished in All States and the Federal Districts?
Over the course of this term you have devoted a large portion of your time to understanding the importance of criminal justice research as a critical process for exploring and informing the practices and policies of institutions, agencies and government bodies. Properly designed and effectively conducted criminal justice research informs the a decision making of these groups leading to improved practices and approaches for the betterment of society.
With the conclusion of this Unit you will be submitting the final version of your Criminal Justice Research Project. Having explored the final components that comprise the nine elements of a research project in the last two units and incorporating the modifications made with feedback through Unit 6, it is now time to pull all pieces together and present your work in its finished state.
For this assignment you will submit your finished research project. Your submission will be in the form of a paper detailing the following:
An introductory statement of your research project topic including background information supporting your choice of topic and the potential value of the work in shaping and/or influencing the practices of an identified group, institution, or government agency.
My research project will be about the very difficult subject of whether the Death Penalty deters crime, which is the main reason that supporters of the Death Penalty use over and over to continue to support the act.
Since I was born in 1964 here in California, in the San Francisco Bay Area, I have heard about the Death Penalty all my life. There have been numerous high-profile cases in this state alone from Charles Manson and Scott Peterson, both of whom were convicted for murder and sentenced to death. Here in the Bay Area, there is the infamous prison called San Quentin, which has been the location for all death penalty executions in the state.
My survey with questionnaires, interviews and self-reports will involve the prison population throughout the United States, which will include both Death Row and regular populations, including Indian Country. Since I am not able to interview the people directly, I will pull the information from documented statistics posted on prison websites about past and present inmates. I can also use existing surveys to see the types of questions that are asked, and the information needed.
One article I found describes in great detail about all the errors in the system that organizes the Death Penalty in the country and each state. This includes errors in the verdicts themselves and errors in the organizing and presentation and delivery of evidence in the trials. What all this information shows is that the Death Penalty should never be an option as a sentence since if there are mistakes and wrong information, it is easier to correct a life sentence than an execution.
“Looking at thousands of death verdicts reviewed by courts in 34 states over 23 years, we found that nearly seven in 10 were thrown out for serious error, requiring 2,370 retrials. For cases whose outcomes are known, an astonishing 82% of retried death row inmates turned out not to deserve the death penalty; 7% were not guilty. The process took nine years on average. Put simply, most death verdicts are too flawed to carry out, and most flawed ones are scrapped for good. One in 20 death row inmates is later found not guilty.” #1 (By LIEBMAN, James, FAGAN, Jeff, and WEST, Valerie, 2023)
The California Innocence Project is a great group who works to help people in prisons who have been found guilty but helps to prove their innocence.
I have created a spreadsheet/form in JotForm that has details on a variety of prisoners, both past and present, who have been convicted of murder and placed on death row in various states and jurisdictions. I also have prisoners also from Tribal Country and Federal jurisdictions and data that goes back several hundred years.
Jotform with Prisoner Data
A detailed explanation of presentation of each of the eleven elements comprising a well-organized approach in development of research project.
Problem or objective
While doing research for this section of the paper, which is to find out how all the data and statistics regarding the Death Penalty are collected and used, to my surprise, I found several great articles about this subject. There were some differences and conflicts how the information is used to either support or state the Death Penalty should be abolished.
I was very impressed with the website Death Penalty.org, that had a lot of factual and current information about the state of the Death Penalty in the country. I found this sheet that breaks down all the current statistics of the Death Penalty in California:
“California currently has a moratorium on its death penalty, declared by Gov. Gavin Newsom in 2019.
There are 671 (as of 1/9/23) individuals on California’s death row, the largest in the Western Hemisphere.
Of those 671 650 are men, imprisoned at San Quentin State Prison in Marin County, and 21 are women, held at the Central California Women’s Facility in Madera County. Age range: 20s – 90s (majority of men and women: 50 – 59 years).
Thirteen men have been executed by the state since 1978. The last execution was in 2006. The men ranged in age from 29 – 76.
Five prisoners have been found innocent and released from San Quentin’s death row, the most recent in April 2018, when Vicente Benavides was released after 25 years, based on evidence of innocence.” #2 (No Author Given, 2023)
Another subject that I have found while researching this subject is all the information about what is occurring once the death sentence has been given. There are a wide variety of timeframes, including up to 40 plus years, before either the sentence of death is carried out, the defendant is found guilty, the Death Penalty is abolished or put on hold in that state, or the defendant dies in prison.
The case of Charles Manson, who took part in murdering several people and assisting in the murders of other people in 1969 in Beverly Hills, is an example of how long a case can continue for many years in many directions, instead of the intention of an execution, based on his sentencing. Manson had a lifelong involvement with crime and corrections, including his own mother was in prison.
“Manson was admitted to state prison from Los Angeles County on April 22, 1971, for seven counts of first-degree murder and one count of conspiracy to commit murder for the deaths of Abigail Ann Folger, Wojciech Frykowski, Steven Earl Parent, Sharon Tate Polanski, Jay Sebring, and Leno and Rosemary LaBianca. As the death penalty was ruled unconstitutional in 1972, Manson was re-sentenced to life with the possibility of parole. His initial death sentence was modified to life on February 2, 1977.” #3 (No author given, 2023, Wikipedia)
Literature review
This one website seems to summarize the issues pretty well. The biggest issue is that so many states, like California, are technically listed as Death Penalty states, but the practice has been put on hold for a number of years. Of course, this would skew the data since no executions would happen in a Death Penalty state.
“Includes Kansas and New York in the years after they adopted the death penalty, 1994 and 1995 respectively. New York’s death penalty was then declared unconstitutional in 2004, after which it is counted as a non-death penalty state. New Jersey ended the death penalty in the latter part of 2007 and is counted as a non-death penalty state from then on. The Delaware Supreme Court found the Delaware death penalty statute unconstitutional late in 2016 and in early 2017 made that ruling retroactive. From 2017 on Delaware is considered a non-death penalty state. Washington is first counted as a non-death penalty state in 2018. New Hampshire will be counted as a non-death penalty state in 2019. In 2020, governor imposed moratorium was declared in California, Oregon, and Pennsylvania.” #4 (No author Given, 2023)
Research questions
This is a sample of six survey questions, including three open-ended questions and three closed-ended questions, including a brief summary for each question that explains the appropriateness of the question based on the unit materials and your topic.
Describe the relationship with your parents as a child?
(This information could explain if how the person was raised affected them being in prison.)
Do you think this relationship helped or hindered your future in crime?
(Asking the inmate what they think about if this relationship affected them being in prison.)
If you are a parent, or plan to become one, would you raise your children in the same way as your parents or a different way? Describe the difference.
(This helps to understand if the person thinks how they were raised was appropriate and didn’t affect them getting into prison and they would raise their children the same way.)
Closed ended:
“What type of institution were you sentenced to – a juvenile facility, local jail, State prison, other State facility, or Federal facility?
(1) Juvenile facility
(2) Local jail
(3) State prison
(4) Other State facility
(5) Federal facility
(6) Other - Specify ___________________________________
(Each institution is different and means different things like can their family visit if the prison is close to home.)
For the were you sentenced as an adult, a youthful offender, or a juvenile?
(1) Adult
(2) Youthful offender
(3) Juvenile
(This determines the type of crime they committed and if they still have a chance to improve and not repeat their actions.)
Before your admission to prison, were you ever sentenced to serve time for ANYTHING other than drunkenness, vagrancy, loitering, disorderly conduct, or minor traffic crimes?
(1) Yes
(2) No
(This could determine if this was their first time in prison or are they are repeat offenders.)
Are you now…
1 Married
2 Widowed
3 Divorced
4 Separated, for reasons other than incarceration
5 Never married
(This could determine if they have assistance and support on the outside waiting for them, or will they need assistance for daily needs.)”
#5 (No Author Given, Final version: November 25, 2020)
Subjects for study
My survey with questionnaires, interviews and self-reports will involve the prison population throughout the United States, which will include both Death Row and regular populations, including Indian Country. Since I am not able to interview the people directly, I will pull the information from documented statistics posted on prison websites about past and present inmates. I can also use existing surveys to see the types of questions that are asked, and the information needed.
Data collection methods
Here are just two websites that provide examples of questions or items related to my research topic of the Death Penalty
“Legal executions in California were authorized under the Criminal Practices Act of 1851. On February 14, 1872, capital punishment was incorporated into the Penal Code, stating:
A judgment of death must be executed within the walls or yard of a jail, or some convenient private place in the county. The Sheriff of the county must be present at the execution, and must invite the presence of a physician, the District Attorney of the county, and at least twelve reputable citizens, to be selected by him; and he shall at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person underage be allowed to witness the same. The various counties may have some records of the executions conducted under the jurisdiction of the counties, but the department knows of no compilation of these.” #6 (No Author Given, 2023)
“This report is the 12th in a series that began in 2011. It fulfills the requirement of the Tribal Law and Order Act of 2010 to report annually on BJS's activities to establish and enhance a tribal crime data collection system. The report highlights data collections that covered tribal populations, including the National Survey of Victim Service Providers, the Survey of Jails in Indian Country, the Census of Tribal Law Enforcement Agencies, the Census of Tribal Court Systems, and the Federal Justice Statistics Program. It summarizes statistical findings on tribal justice agencies and the American Indian and Alaska Native population, and it provides information on funding to tribes to enhance tribal participation in national records and information systems.” #7 (Perry, Steven W., July 2022)
Schedule and budget
The largest resource spent on this project is the amount of time, including finding and entering the prisoner information from the massive number of databases available to the public listing past and current prisoners. I was completely and happily surprised by the incredible amount of information about prisoners on Death Row, both past and present. I was also happy to see not only the incredible amount of government resources, but also the immense amount of non-profit and private websites and resources about the Death Penalty. I think this allows for great checks and balances between the two completely different types of groups putting out information on this subject.
Dissemination
I have a blog that I maintain where I put all my writings and short publications. I will happily post this paper and all my research into a post on my blog.
Here is the link:
Evaluations
One article I found describes in great detail about all the disturbing errors in the system that organizes the Death Penalty in the country and each state. This includes errors in the verdicts themselves and errors in the organizing and presentation and delivery of evidence in the trials.
“Looking at thousands of death verdicts reviewed by courts in 34 states over 23 years, we found that nearly seven in 10 were thrown out for serious error, requiring 2,370 retrials. For cases whose outcomes are known, an astonishing 82% of retried death row inmates turned out not to deserve the death penalty; 7% were not guilty. The process took nine years on average. Put simply, most death verdicts are too flawed to carry out, and most flawed ones are scrapped for good. One in 20 death row inmates is later found not guilty.”
“Errors leading to reversal are not “technicalities.” Virtually none were police seizures of reliable evidence. Where known, 80% were egregiously incompetent lawyering, police suppression of evidence of innocence, faulty jury instructions and biased judges and jurors errors that courts and studies have found are likely to put the wrong people on death row.”
“Finally, our critics say that focusing on high rates of seriously flawed capital verdicts (1) avoids the crucial issue of the morality of capital punishment, (2) shows that the system works or (3) is irrelevant absent proof that innocent people are being executed.” #8 (LIEBMAN, James, FAGAN, Jeff, and WEST, Valerie, (2023)
Analysis
Identify the process you will follow for recording and analyzing your data.
I will use JotForm to record the data. I already have a JotForm set up that will document each prisoner who responds to the survey. Here is the JotForm link that has all the information broken down into charts and graphs:
Here is another series of interviews of prisoners in jails throughout the United States from 2016. Entire series exist and were performed in prisons:
“The Survey of Prison Inmates (SPI) is a periodic, cross-sectional survey of the state and sentenced federal prison populations. Its primary objective is to produce national estimates for the state and sentenced federal prison populations across a variety of domains, including but not limited to demographic characteristics, current offense and sentence, incident characteristics, firearm possession and sources, criminal history, socioeconomic characteristics, family background, drug and alcohol use and treatment, mental and physical health and treatment, and facility programs and rule violations. From January through October 2016, data were collected through face-to-face interviews with prisoners using computer-assisted personal interviewing (CAPI).” #9 (Beatty, Lauren; BJS Statistician; Snell, Tracy; BJS Statistician, 2016)
Measurement
Introduction to Measurement: Provide an introduction that fully reflects how measurement principles inform and shape your research topic.
This one particular article about Operationalization and Conceptualization had some great descriptions of the two terms and how they are used in researching a subject.
“What is operationalization of terms in research?
Operationalization of terms in research is the process through which a researcher explains how the idea being researched is measured, observed, or manipulated. Operationalization interprets theoretical or ideological variables into particular procedures that demonstrate the variable's meaning. Operationalization helps ensure that the research variables can be observed and measured.
What is the meaning of conceptualization?
Conceptualization involves the researcher defining and specifying the main research concepts or ideas. The aim of conceptualization in research is to eradicate the possibility of confusion that arises when the key terminologies are perceived differently. Notably, it establishes the ground for the measurement process by breaking down complex ideas into a common language.” #10 (Dickinson, Garrett, 6/13/2022)
Conclusions and results
In conclusion, there is so much data and information about the Death Penalty and the prisoners in the US since each state maintains their own database, regulations and lists about the Death Penalty. All that has to be maintained and collected and calculated. I can see how difficult it would be to organize all that accurately with all the daily changes with all the inmates and laws. The Federal Bureau of Prison also maintains their own databases. Here is a single list of death row prisoners in the Federal prison. A search on their name does bring up additional information on each prisoner.
“The federal death penalty applies in all 50 states and U.S. territories but is used relatively rarely. About 45 prisoners are on the federal death row, most of whom are imprisoned in Terre Haute, Indiana. Sixteen federal executions have been carried out in the modern era, all by lethal injection, with 13 occurring in a six-month period between July 2020 and January 2021.” #11 (No Author Given, 2023)
One point I would like to bring up in my conclusion, which is thought about as a deterrent to crime, thus could also prevent people from becoming future Death Row inhabitants is the use of what is called a Three Strikes law. Since my database on JotForm does show that the majority of people on Death Row have previous records, including both juvenile records and/or previous adult records, I think that it should be brought up also as a possible deterrent to crime.
“In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952 and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes. The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies and limits the ability of these offenders to receive a punishment other than a life sentence.” #12 (No Author Given, 2023)
#1, By LIEBMAN, James, FAGAN, Jeff, and WEST, Valerie,, 2023, “Technical Errors Can Kill,” Death Penalty Information Center, https://deathpenaltyinfo.org/stories/technical-errors-can-kill
#2 No Author Given, 2023, “California Death Penalty Facts,” Death Penalty .org, https://deathpenalty.org/facts/
#3, No Author Given, 2023, “Charles Manson,” Wikipedia, https://en.wikipedia.org/wiki/Charles_Manson
#4, No Author Given, 2023, “Murder Rate of Death Penalty States Compared to Non-Death Penalty States,” Death Penalty Information Center, “https://deathpenaltyinfo.org/facts-and-research/murder-rates/murder-rate-of-death-penalty-states-compared-to-non-death-penalty-states
#5 No Author Given, Final version: November 25, 2020, Bureau of Justice Statistics, “2016 Survey of Prison Inmates (SPI) Questionnaire,” https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/survey/spi16q_2.pdf
#6, No Author Given, 2023, “History of Capital Punishment in California,” California Department of Corrections, https://www.cdcr.ca.gov/capital-punishment/history/
#7, Perry, Steven W., July 2022, Bureau of Justice Statistics, “Tribal Crime Data Collection Activities, 2022,” Bureau of Justice Statistics, https://bjs.ojp.gov/library/publications/tribal-crime-data-collection-activities-2022
#8, LIEBMAN, James, FAGAN, Jeff, and WEST, Valerie, (2023) “Technical Errors Can Kill,” Death Penalty Information Center, https://deathpenaltyinfo.org/stories/technical-errors-can-kill
#9, Beatty, Lauren; BJS Statistician; Snell, Tracy; BJS Statistician, 2016, “Survey of Prison Inmates(SPI), Bureau of Justice Statistics, https://bjs.ojp.gov/data-collection/survey-prison-inmates-spi#methodology-0
#10 Dickinson, Garrett, (6/13/2022), “Conceptualization and Operationalization in Research,” Study.com, https://study.com/learn/lesson/conceptualization-operationalization-measurement-variables.html
#11 No Author Given, 2023, “Federal Death Penalty Information,” Death Penalty Information Center, https://deathpenaltyinfo.org/state-and-federal-info/federal-death-penalty/list-of-federal-death-row-prisoners
#12, No Author Given, 2023, “Three Stikes Law,” Wikipedia, https://en.wikipedia.org/wiki/Three-strikes_law
