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4. | Nov 11, 2013

contdOf course the death patnley deters. A review of the debate.Dudley Sharp 1) Anti death patnley folks say that the burden of proof is on those who say that the death patnley deters. Untrue. It is a rational truism that all potential negative outcomes deter some - there is no exception. It is the burden of death patnley opponents to prove that the death patnley, the most severe of criminal sanctions, is the only prospect of a negative outcome that deters none. They cannot. 2) There have been 28 recent studies finding for death patnley deterrence. A few of those have been criticized. The criticism has, itself been rebutted and/or the criticism doesn't negate no. 1 or nos. 3-10. 3) No deterrence study finds that the death patnley deters none. They cannot. Anti death patnley columnists Eric Zorn of the Chicago Tribune states, "No one argues that the death patnley deters none." Yes, some do, But Zorn is correct, the issue is not "Does the death patnley deter?". It does. The only issue is to what degree. 4) About 99% of those murderers who are subject to the death patnley do everything they can to receive a lesser sentence, in pre trial, plea bargains, trial, in appeals and in clemency/commutation proceedings. Life is preferred over death. Death is feared more than life. No surprise. Would a more rational group, those who choose not to murder, also share in that overwhelming fear of death and be deterred by the prospects of execution? Of course. 5) There are a number of known cases of individual deterrence, those potential murderers who have stated that they were prevented from committing murder because of their fear of the death patnley. Individual deterrence exists. 6) General deterrence exists because individual deterrence cannot exist without it. 7) Even the dean of anti death patnley academics, Hugo Adam Bedau, agrees that the death patnley deters .. . but he doesn't believe it deters more than a life sentence. Nos. 4-6 and 10 provide anecdotal and rational evidence that the death patnley is a greater deterrent than a life sentence. In addition, the 28 studies finding for deterrence, find that the death patnley is an enhanced deterrent over a life sentence. 8) All criminal sanctions deter. If you doubt that, what do you think would happen if we ended all criminal sanctions? No rational person has any doubt. Some would have us, irrationally, believe that the most severe sanction, execution, is the only sanction which doesn't deter. 9) If we execute and there is no deterrence, we have justly punished a murderer and have prevented that murderer from ever harming/murdering, again. If we execute and there is deterrence, we have those benefits, plus we have spared more innocent lives. If we don't execute and there is deterrence, we have spared murderers at the cost of more innocent deaths. 10) Overwhelmingly, people prefer life over death and fear death more than life. "If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call." John McAdams - Marquette University/Department of Political Science

5. | Nov 4, 2013

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6. | Nov 1, 2013

I'd be interested to hear more on the 1760s ascpet, John, if you run across anything. I can think of a few things going on at the time all over Europe, but not what would have affected Russia in particular.It would be interesting to know if there are exact dates to these cases: do they start in a trickle and then cluster? Does one court case lead to a dozen copycats? It might be an interesting question of whether this was a broader social/economic/political development, or whether it burst out as a kind of legal fad.Allison, that statement by Kliuchevsky would boggle me too. I'm not sure what he thought the larger world was made up of, or what the individual consciousness reflected, if not the larger social world!