The Murky Evidence for and Against Deterrence - Washintonpost.com
By Cass R. Sunstein and Justin Wolfers
Although the Supreme Court banned capital punishment for child rape last week, the justices have made it clear that for homicide, states may inflict the ultimate penalty. Last month, capital punishment resumed after a seven-month moratorium. Rapid scheduling of executions followed the Supreme Court's ruling in Baze v. Rees, reaffirming the constitutionality of the death penalty in general and lethal injection in particular.
To support their competing conclusions on the legal issue, different members of the court invoked work by each of us on the deterrent effects of the death penalty. Unfortunately, they misread the evidence.
Cass R. Sunstein is the Felix Frankfurter Professor of Law at Harvard Law School. Justin Wolfers is assistant professor of business and public policy at the University of Pennsylvania's Wharton School.
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