Prison Conditions, Capital Punishment, and Deterrence

Previous research has attempted to identify a deterrent effectof capital punishment. We argue that the quality of life inprison is likely to have a greater impact on criminal behaviorthan the death penalty. Using state-level panel data coveringthe period 1950–90, we demonstrate that the death rateamong prisoners (the best available proxy for prison conditions)is negatively correlated with crime rates, consistent with deterrence.This finding is shown to be quite robust. In contrast, thereis little systematic evidence that the execution rate influencescrime rates in this time period.     

Theme and variations on criminal law

B.A., City College of New York 1973; J.D., American University 1976; LL.M., New York University 1980.