It seems to be going without saying. The more severe the crime, the more severe the penalty. And the more severe, the less a criminal will be tempted to commit his offense. And what’s worse than the death penalty? Inevitably, the death penalty must have a deterrent effect.
Except that … this is not the case.
In law faculties, explains Professor Noah Weisbord of McGill University, all experts cite a major article published more than 20 years ago by two Canadian lawyers. Its title: “Severity of sentences and crime: to accept the hypothesis of nullity”.
“Over the past twenty-five years, wrote the authors Anthony N. Doob and Cheryl Marie Webster in 2003, the literature on the effects of the severity of sentences on crime levels has been the subject of numerous analyzes. Most analyzes conclude that there are little or no coherent evidence showing that more severe sanctions reduce crime rates in Western populations. »»
In this vast review of legal literature, the authors therefore conclude that “the severity of sentences has no effect on the level of crime in society”. “It is time to accept the hypothesis of nullity. »»
In short, imposing more severe sentences, “it does nothing at all,” says Professor Weisbord. “It just makes you say that the person has done something very bad. »»
“There are many reasons that explain why people kill others. Sometimes these reasons are not rational, sometimes they are paid to kill … “
A conviction to life imprisonment without the possibility of release is an equally dissuasive measure, according to studies compiled by the Death Penality Info Center, an American pressure group which militates for the abolition of capital punishment. And it has the advantage of costing the company cheaper, because a conviction to the death penalty leads to longer trials, requires the intervention of many experts, is punctuated by numerous calls and legal appeals. It is so long, argues the organization, that “most people sentenced to death end up spending their lives in prison, at a higher cost”.
Accused by the federal
Besides, how can the American federal government ask for the death penalty in the case of a homicide? Does this accusation not fall under the jurisdiction of the States?
In general, yes. But it all depends on the context in which homicide has been committed.
“There are exceptions,” says Noah Weisbord. Homicide becomes a federal crime if the victim is an employee, an elected representative of the federal government. Or if the context of homicide is a federal offense, such as drug trafficking, or an act of terrorism. “This is also the case if the murder is committed on a federal property, such as a national park or a military base,” says Weisbord.
Currently, there are three sentences of capital punishment for a federal crime waiting in a corridor of death in the United States.
The case of Washington is special. The city is not a state. Although the city is governed by a mayor and a council, the Federal Congress retains a right of way on certain affairs of the city.
But the fact remains that the crimes which fall under the jurisdiction of the District of Columbia (whose homicides which are not these federal crimes) are no longer punishable by capital punishment since its abolition, in 1981. For a murderer to be executed there, his crime is that federal jurisdiction must. So, no, all those sentenced to homicide in Washington cannot all be sentenced to death.
Its citizens also renewed, in 1992, their desire not to impose the capital punishment on their territory. That year, after the murder of a parliamentary assistant, the congress had held a referendum to restore the death penalty in the district. The proposal was rejected by two thirds of the inhabitants.
The death penalty in the United States in a few dates
1802
Hanging from James McGirk, the first documented execution in Washington
1865
Hanging of Mary Surratt, the only woman never executed in the capital. She had been found guilty of participation in the conspiracy to assassinate President Lincoln.
1957
Electrocution of Robert Carter, found guilty of the death of a police officer. It is the last convict executed in Washington.
1981
Abolition of the death penalty in the Columbia district
Source: Death Penalty Info Center
