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Report No. 35

Appendix XV

Table Analysing Effect of Restoration

Abolition Countries

Country

Before abolition

During abolition

After restoration

Remarks

Colorado (U.S.A.)1 (Abolished 1897, restored 1901) 15.4 (Annual average of convictions for murder for five years before abolition). 18 (Annual average of convictions for murder during four years of abolition). 19 (annual average of convictions for murder for five years following restoration). Deterrent effect not proved.
Iowa (U.S.A.)2 (Abolished 1872, restored 1878). 4 (Convictions for murder) (1871) 7 (Convictions for murder).(1879) 15 (Convictions for murder) (1873) The figures after re-introduction are higher. Deterrent effect not proved.
(Recently some States including Iowa, have abolished or limited the death penalty).3 3 (Convictions for murder) (1872) 2 (Convictions for murder) (1874) 7 (1880) (Convictions for murder)
15 (Conviction for murder) (1875) 14 (1882) (Convictions for murder).
17 (1883) (Conviction) for murder).
12 (1884) (convictions for murder).
Kansas (U.S.A.)4-5-6 Not relevant for present purpose. 0.5 (Annual average homicide rate for the five years preceding restoration in 1935). 3.8 (Annual average homicide rate for the five years following restoration in 1935). These prove the deterrent effect.
South Dakota (U.S.A.)7-8 Abolished 1915, restored 1939 Not relevant for present purpose. 1.4 (Annual average homicide rate for five years preceding restoration in 1939). 1.4 (Annual average homicide rate for five years following restoration in 1939). Neutral
Tennessee (U.S.A.)9-10 (abolished 1915 restored 1917). See 4th column See 4th column The homicide rates available (separately for the white population and the coloured population) are for 1918 to 1924. These show a steady increase from 1918 to 1924. Thus, for the coloured population, the rates are 29.2, 41.3, 42.4, 39.5, 45.9, 49.8 and 52.5 for the years 1918,1919,etc., respectively. Inconclusive
Arizona (U.S.A.)11 (Abolished 1916, restored 1918 24 homicides ( in all ) (1915) 53 homicides (in all) (1917) 25 homicides (in all) (1917) Inconclusive
23 homicides ( in all ) (1916) 24 homicides ( in all ) (1918) 35 homicides ( in all ) (1920)
Missouri (U.S.A.)12-13 (abolished 1917, restored 1919) 9.9 (homicide rate for 1919) 10.1 (homicide rate for 1918) 7.9 (homicide rate for 1920) Inconclusive because, after abolition one year shows increase, while the next year does not show much increase; and, after restoration, one years shows decrease, while the next two years show increase.
9.2 (homicide rate for 1914) 9.7 homicides rate for (1919) 10.1 (homicide rate for 1921)
9.2 (homicide rate for 1915) 11.4 (homicide rate for 1922)
(Figures for 1916-1917 available).
Washington (U.S.A)14-15 (Abolished 1913, restored 1919). 6.5 (Annual average rate for the years 1908 to 1912). 7.4 (Annual average rate for 1913 to 1915). 5.4 (Annual average rate for the years 192.-1924). These figures would seem to prove the deterrent effect.
Oregon (U.S.A.)16 Abolished 1914, restored 1920). 59 (murderers received at State penitentiary) (1910-1914). 36 (murderers received at the State penitentiary) (1915-1920). Not available. Deterrent effect not proved.

Note.- The years of abolition have been taken from the Report of the Royal Commission on Capital Punishment.17 The years of abolition as given in another study differ in some cases.18

1. Figures taken from R.C. Report, p. 347, Professor Sellin's comments below Table 18.

2. Figures taken from R.C. Report, p. 346, Table 17.

3. See Clarence H. Patrick The Status of Capital Punishment: A World Perspective (1965 December), 56 Journal of Criminal Law, Criminology and Police Science, pp. 397, 411 foot-note 12.

4. Figures taken from R.C. Report, p. 346, para. 42.

5. For earlier figures, see R.C. Report, p. 352, Table 27, 2nd column and Table 28 2nd column.

6. The figures are of deaths reported as due to homicide for 1,00,000 (One lakh) of the population, see R.C. Report p. 346, para. 39.

7. Figures taken from R.C. Report, p. 348, para. 46.

8. The figures are of deaths reported as due to homicide per 1,00,000 (One lakh) of the population, see R.C. Report p. 346, para. 39.

9. Figures taken from R.C. Report, p. 348, para. 47, Table 21.

10. The figures are of deaths reported as due to homicide, per 1,00, 000 of the population See R.C. Report, p. 346, para. 39.

11. Figures taken from R.C. Report, p. 349, Table 22.

12. Figures taken from R.C. Report, p. 349, Table 23.

13. The figures are of deaths reported as due to homicide per 1,00,000 . See R.C. Report, p. 346, para. 39.

14. Figures taken from R.C. Report, p. 347, Table 19(a), Average as given below the Table.

15. The figures are of deaths due to homicide per 1,00,000 (one Lakh) of the population. See R.C. Report p. 346, para. 39.

16. Figures taken from R.C. Report, p. 348, para. 45.

17. R.C. Report, p. 345, Table 16.

18. Joyce, Right to life (1962), p. 79.



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