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Hubris on Deterrence

By Kent Scheidegger et al.

Cass Sunstein and Justin Wolfers have this op-ed in the Washington Post today, claiming that the Supreme Court has "misread" the evidence on deterrence. Professor Sunstein gives himself too much credit and gives Justice Scalia too little. The article says, regarding the opinions in Baze v. Rees, "Justice Antonin Scalia cited a suggestion by Sunstein (with co-author Adrian Vermeule) that 'a significant body of recent evidence' shows 'that capital punishment may well have a deterrent effect, possibly a quite powerful one.'" Here is the actual passage: Justice Stevens' analysis barely acknowledges the “significant body of recent evidence that capital punishment may well have a deterrent effect, possibly a quite powerful one.” Sunstein & Vermeule, Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs, 58 Stan...continue to full post

Full post as published by Crime and Consequences on June 30, 2008 (boomark / email).