The death penalty does not deter – it only entices ‘martyrs’ to attack Israel

The current debate in the Israeli Knesset regarding the proposed death penalty bill for convicted terrorists is one of the most consequential human rights discussions before that esteemed legislative body in the twenty-first century. Its outcome impacts not only the State of Israel, but Jews everywhere. If the Knesset enacts the bill – if the unconscionable stain of executions succeeds in darkening the moral fabric of Israeli society –  antisemitic extremists would assuredly blame all Jews for their state’s sponsored murder program, neatly fitting it into their warped view of Israel  – and, by extension, Judaism  – as a so-called  “Death Cult.”

Just as this bill jeopardizes the safety and security of Jews across the globe, it also threatens to permanently mar what remains of Israel’s moral standing among the more than 70% of world nations that have abolished the death penalty in law and practice. In the highly volatile political climate that now imperils the rule of law in Israel, this issue further normalizes the invocation of state violence. It widens the gap between modern-day Israel and the central Jewish value of the inviolability of life. Famed death penalty abolitionist Elie Wiesel best articulated this stance when he said of capital punishment that – in the shadow of the Holocaust – “death should never be the answer in a civilized society.”

This vital debate hinges on Justice Minister and death penalty proponent Itamar Ben-Gvir’s repeated claim that the fear of execution would deter would-be terrorists. Just last week, in the wake of the fatal ramming and stabbing of two Israeli citizens in Beit She’an, Ben-Gvir falsely claimed that passing his execution law would help to deter others from committing such deadly acts of terror. Ben-Gvir’s statements reflects a popular fallacy that scholars have debunked time and again. Despite this fact, Ben-Gvir’s abominable, politically-motivated comments calling death penalty opponents “Hamas supporters” – just like his monstrous noose-shaped lapel pin – seem to have deluded many Israelis and Jews. His death bill now appears to have gained renewed life in the Knesset. The widespread refusal to comprehend the myth of deterrence – whether by willful ignorance or otherwise – necessitates a deeper dive into how the death penalty would indeed not deter, but instead would only incite terrorists and shaheeds (”martyrs”).

Deterrence is an Abject Fallacy

The state of Florida, which led the United States with 19 executions in 2025, is the most appropriate place to turn at this pivotal moment to unpack the myth that the threat of the death penalty will deter criminals from committing more serious crimes. Floridians for Alternatives to the Death Penalty, the Sunshine State’s flagship death penalty abolitionist organization, cited a 2017 Death Penalty Information Center (DPIC) report that confirmed that “no evidence exists to support this claim [of the death penalty’s deterrence of crime], and the data suggests the opposite.” DPIC added that an “analysis of US murder data from 1987 through 2015 . . . found no evidence that the death penalty deters murder or protects police.” Instead, as DPIC continued, “the evidence show[ed] that murder rates… are consistently higher in death penalty states than in states that have abolished the death penalty.” The study demonstrated that the murder rate in death penalty states (6.646) was higher than the national average (6.424) and significantly higher than in non-death penalty states (4.788). A 2021 article by the reputable Florida newspaper, the Sun Sentinel, reported similar findings and determined that “[a]nnual murder rates are consistently higher overall in the death penalty states than in the 22 without capital punishment.”A more recent analysis by the Death Penalty Policy Project also has concluded that “after 1,600 Executions, the Public and Police are Safer in States with No Death Penalty”

Another means of disproving the death penalty deterrence myth is by analyzing data regarding mass shootings, which are, of course, endemic to the United States, where capital punishment remains legal in many jurisdictions. As of March 11, 2023, the Gun Violence Archive reported 106 mass shootings in 2023. Only 23 (21.7%) of those mass shootings were in non-death penalty states. Altogether, these 106 mass shootings have killed 157 people and injured an additional 415. Eighty-two percent of the fatalities were in death penalty states, and eighty-one percent of the injuries were in death penalty states. The Death Penalty Policy Project corroborated these findings in another recent publication concluding that “the Death Penalty Does Not Deter Mass Shootings.” This data speaks for itself, underscoring how deterrence is a trumped-up fallacy when it comes to the death penalty.

The Death Penalty Would Entice Future Shaheeds (“Martyrs”)

On the contrary, there is ample reason to conclude that the prospect of martyrdom through execution would only increase the likelihood of future acts of terror across Israel. A renowned comment regarding the well-established relationship between the death penalty and a desire for martyrdom comes from 19th-century writer Eliphas Levi. Levi demonstrated a keen understanding of the dynamics at play when he wrote: “Every head that falls upon the scaffold may be honored and praised as the head of a martyr.”

Applying Levi’s wisdom to modern-day Israel, it becomes clear that a mandatory death sentence for Palestinians who murder Jews will almost certainly increase the number of terrorist attacks. Radical Islamist terrorists –  like those who perpetrated mass murder on October 7th, 2023 – celebrate martyrdom to receive the supposed rewards awaiting them in paradise. They want to die for their cause. Their preference is for martyrdom in the act of killing, but if they can kill and then placed on a pedestal to be lauded as heroes facing the death penalty for their cause, then all the better, even more so if they get to become celebrities in a world where Israel is hated because of how it treats non-Jewish citizens. If the death penalty is instituted, these scenarios could happen. Why would Israel want to encourage potential terrorists? On this purely practical level, this proposed legislation is insane. A far harsher punishment is incarceration. Let perpetrators consider what they have done and why they endure the constrictions of a maximum-security prison every day. As a former Jewish prison chaplain, I can personally attest to this harsh reality.

Proponents of the death penalty have argued that executing terrorists will prevent future hostage-taking for prisoner swaps. Israel can avoid this simply by changing the law to forbid including those directly involved in murder in any future prisoner exchanges, with no exceptions. This solves the problem without creating more dead martyrs around whose memory other terrorists would most assuredly rally.

A Cautionary Tale of Failed Deterrence

Members of the Knesset and their constituents contemplating this death penalty bill would do well to consider the cautionary tale of the Israeli government’s longstanding policy of demolishing the family homes of terrorists after they have committed attacks. It is well known that this policy has done nothing to “deter” acts of violence and murder. Despite the government’s claims, terror attacks continue unabated. Home demolition is nothing more than an act of revenge and collective punishment that is in direct violation of international humanitarian law. Proponents of Ben-Gvir’s death penalty bill seem to have convinced themselves that adding the clear-cut human rights offense of the death penalty to the list of vengeful, medieval practices will do what home demolitions could not, and reduce terrorist attacks. This rationale constitutes a grave miscalculation, with potentially lethal consequences for Israel and all the Jewish world. For this reason alone, amidst many others, Israeli lawmakers must cast a resounding “No!” vote to the death penalty bill, and instead abolish capital punishment once and for all from the land of Israel.

Cantor Michael J. Zoosman, MSM, BCC

Co-Founder: L’chaim! Jews Against the Death Penalty

Advisory Committee Member: Death Penalty Action