IN 1963, WHEN DECEASED CRIMINOLOGIST HANS MATTICK WROTE 'THE UNEXAMINED DEATH', BOTH THE MURDER AND THE EXECUTION RATES HAD BEEN DECLINING FOR 30 YEARS. SOON THEREAFTER, MURDER RATES SOARED WHILE CAPITAL PUNISHMENT CEASED. THIS, OF COURSE, LED TO SERIOUS REEXAMINATION OF THE CONTENTION THAT CAPITAL PUNISHMENT HAD NO DETERRENT EFFECT ON THE MURDER RATE. STUDIES ON CRIMINAL HOMICIDE PATTERNS SHIFTED FROM SIMPLE COMPARISONS OF CAPITAL CRIME RATES IN JURISDICTIONS WITH AND WITHOUT CAPITAL PUNISHMENT TO MORE COMPLEX RESEARCH WHICH EMPHASIZED A VARIETY OF FACTORS. ALTHOUGH STUDIES SUCH AS EHRLICH'S 1975 REPORT SUPPORTED THE POSITION THAT CAPITAL PUNISHMENT DID HAVE A DETERRENT EFFECT, ARGUMENTS WERE RAISED THAT FAULTY STATISTICAL PROCEDURES WERE BEING USED. FURTHER STUDIES, SUCH AS FORST (1977), SHOWED THAT THE UPSURGE IN HOMICIDE RATES WAS CONCENTRATED IN A SMALL SEGMENT OF THE POPULATION, THAT EXECUTIONS NEVER OCCURED IN MORE THAN A MINUTE FRACTION OF MURDERS, AND THAT THE INCREASE IN MURDERS WAS GREATER IN STATES THAT DID NOT EXECUTE ANYONE THAN IN THOSE THAT DIMINISHED USE OF THE DEATH PENALTY DURING THE 1960'S. AVAILABLE EVIDENCE, ALTHOUGH NOT AS SYSTEMATICALLY AND THOROUGHLY GATHERED AS IS DESIRABLE, INDICATES THAT CAPITAL PUNISHMENT BOTH REDUCES THE CERTAINTY OF MURDERERS BEING CONVICTED FOR THEIR CRIMES, AND INCREASES THE PROSPECT THAT PLEA BARGAINING WILL CAUSE PERSONS TO BE CONVICTED OF MURDERS THEY DID NOT COMMIT. THERE IS EVEN EVIDENCE THAT SOME PERSONS ARE PROMPTED TO KILL WHEN EXECUTIONS ARE PUBLICIZED. THUS THE DEATH PENALTY SEEMS TO PRODUCE LESS DETERRENCE THAN THE MORE CERTAIN PENALTY OF IMPRISONMENT. FOOTNOTES AND STATISTICAL TABLES ARE INCLUDED. (KCP)