Michael Frakes & Matthew Harding
The Deterrent Effect of Death Penalty Eligibility: Evidence from the Adoption of Child Murder Eligibility Factors
American Law and Economics Review, vol. 11, no. 2, pp. 451-497 (2009)
Abstract: We draw on variations in the reach of capital punishment statutes between 1977 and 2004 to identify the deterrent effects associated with capital eligibility. Focusing on the most prevalent eligibility expansion, we estimate that the
adoption of a child murder factor is associated with an approximately 20% reduction in the child murder rate. Eligibility expansions may enhance deterrence by (i) paving the way for more executions and (ii) providing prosecutors with greater leverage to secure enhanced noncapital sentences. While executions themselves are rare, this latter channel may be triggered fairly regularly, providing a reasonable basis for a general deterrent response.
Hashem Dezhbakhsh & Paul H. Rubin
From the 'econometrics of capital punishment' to the 'capital punishment' of econometrics: on the use and abuse of sensitivity analysis
Applied Economics, Vol. 43, Issue 25, pages 3655-3670 (2011)
Abstract:The academic debate over the deterrent effect of capital punishment has intensified again with a major policy outcome at stake. About two dozen empirical studies have recently emerged that explore the issue. Donohue and Wolfers (2005) claim to have examined the recent studies and shown the evidence not to be robust to specification changes. We argue that the narrow scope of their study does not warrant this claim. Moreover, focusing on our two studies that they have examined,
we show the deterrence findings to be robust, while their work has serious flaws and their reporting appears to be selective. The selectivity is biased towards showing 'no deterrence'.