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The effect of repeal and reintroduction of capital punishment on homicide rates

The experience of those european countries which abolished the death penalty in the 19th or early 20th century and for whom statistics are available shows that the abolition was followed by a decrease rather than an increase in homicide rates. But it is the experience of those countries which more recently repealed capital punishment statutes that is really worth mentioning.

Morris and Blom-Cooper evaluated the British experience and reported their findings in an article published by The Observer in 1979. The authors analyzed murder statistics in England and Wales since 1957 when hanging was partially abolished and concluded that the abolition has had no visible effect on the murder rate in Britain:

"One aspect stands out starkly. The penalty for the crime of murder has no discernible influence on the rate at which murder is committed".26

Following the suspension of the death penalty in Canada in 1967 for a trial period of five years I conducted a study15 in which I attempted to assess the impact this suspension has had on homicide rates. The study clearly showed that the statistical increase in criminal homicide in Canada could in no way be attributed to the suspension of the death penalty. The large differences in homicide rates among the Canadian provinces suggested that the rates are conditioned by factors other than the death penalty. They confirmed what criminologists have held for a long time namely that the causes of criminal homicide are not related to any single factor but to a total social situation in which a special law or a particular punishment can have little or no effect.

The effect of reinstating capital punishment on criminal homicide rates has been thoroughly researched by Professor Sellin. He examined and analyzed statistics for eleven American States which experimented with abolition for periods of time varying in duration. Here is the conclusion he reached:

"If any conclusion can be drawn from all the above data, it is that there is no evidence that the abolition of the death penalty generally causes an increase in criminal homicides or that its reintroduction is followed by a decline. The explanation of changes in homicide rates must be sought elsewhere".37

Professor Sellin's conclusion is almost identical to the one reached by the British Royal Commission on Capital Punishment (1949-1953):

"The general conclusion which we have reached is that there is no clear evidence in any of the figures we have examined that the abolition of capital punishment had led to an increase in the homicide rate or that its reintroduction has led to a fall'.46

 
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