This is kind of a double-edged question that I am asking. First of all, truly do you feel that the death penalty is used as a deterrent? Or do you feel like, in some cases, the death penalty is used more freely as a end to prison overcrowding?
Now, considering that == Would you be willing to give up a strong stance on drug enforcement, if it mean doing away with capital punishment? It seems that part of the problem with prison overcrowding is antiquated drug laws. If the drug laws were repealed, that would free up a lot of space in the prison system for the lifers.
Just wondering about others opinions, as a friend and I were discussing this earlier tonight and I'd never really equated capital punishment as a remedy for prison overcrowding.
It is not a deterrent because there is no evidence it has ever served to prevent murder, treason, or any of the other Federal or State crimes on the books that allow capital punishment. People seem to think it is because when they consider the issue rationally they themselves always believe they would not risk it. However, in every cases where capital crimes have occurred the perpetrators either planned not to get caught or never considered the issue at all (ex. engaged in armed robbery leading to a death).
As for using it as an option to reduce prison over-crowding? While this may have existed in some historical situations (like feudal or totalitarian societies), and agitation by extreme anti-crime groups aside, this really has no factual basis in current penal philosophy.
The death penalty rationale, when advocated in a democratic society, involves a belief in ultimate punishment combined with deterrence. An “eye for an eye” kind of ideology. In feudal and totalitarian societies there is additional use as a tool for maintaining political control over subject people. An ultimate exercise of power dominance.
Having said all that, while my gut argues “eye for an eye” vengeance is “satisfying;” my mind argues “two wrongs do not equate to a right,” especially since we sometimes find an innocent person has suffered this punishment. My rational mind overrules my gut feeling and I am currently opposed to the death penalty.
As an aside, if we really wanted to reduce the prison population it would take two simple steps. First, decriminalize all “victimless” crimes (drug use and possession, voluntary prostitution, public nudity/sex where no involuntary witnesses are present, seatbelts, etc.). Second, indoctrinate society into accepting that punishment negates the crime so that once freed from supervision a convicted person can easily reintegrate back into society.
The first step reduces the number of persons entering the criminal justice system; the second step reduces the number or persons likely to repeat criminal behavior after release.