Fact or Fiction? Deconstructing the Death Penalty as a Deterrent to Crime in ASEAN

Abstract

A review of the global literature and research on the effectiveness of the death penalty as a deterrent show that both sides of the argument can come to varying conclusions. Within ASEAN, research and data on the use of the death penalty are especially problematic resulting in politicians being influenced more by perceptions and public opinion rather than evidence-based fact. Based upon an in-depth literature review of secondary data, this paper, therefore, looks at the various theories of deterrence for capital crimes and deconstructs them within the context of ASEAN. It argues that the theories and assumptions popular in the region in support of capital punishment are on shaky ground and that the crime rates in ASEAN retentionist countries for a number of offences suggest a much weaker prospect for effective deterrence. The paper concludes with a philosophical argument: given the lack of any evidence and the extreme severity of the punishment, then the issue of it being a deterrent should be removed from any discussion of the death penalty in ASEAN.