Prison Conditions, Capital Punishment, and Deterrence

Authors: Katz, Lawrence; Levitt, Steven D.; Shustorovich, Ellen

Source: American Law and Economics Review, Volume 5, Number 2, August 2003 , pp. 318-343(26)

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Abstract:

Previous research has attempted to identify a deterrent effect of capital punishment. We argue that the quality of life in prison is likely to have a greater impact on criminal behavior than the death penalty. Using state-level panel data covering the period 1950-90, we demonstrate that the death rate among 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, there is little systematic evidence that the execution rate influences crime rates in this time period.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/aler/ahg014

Publication date: 2003-08-01

More about this publication?

The rise of the field of law and economics has been extremely rapid over the last 25 years. Among important developments of the 1990s has been the founding of the American Law and Economics Association. The creation and rapid expansion of the ALEA and the creation of parallel associations in Europe, Latin America, and Canada attest to the growing acceptance of the economic perspective on law by judges, practitioners, and policy-makers.