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Essay: Should The Death Penalty Be Abolished?
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Should The Death Penalty Be Abolished?
History of Death Penalty The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.’s Hittite Code; in the Seventh Century B.C.’s Draconian Code of Athens, which made death the only punishment for all crimes; and in the Fifth Century B.C.’s Roman law of the Twelve Tablets.
Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. In the Tenth Century A.D., hanging became the usual method of execution in Britain. This report will give argument against death penalty while supporting the abolishment movements of death penalty, David (2010)
Should the death penalty be abolished? Death penalty is a severe and irreversible punishment that raises controversy around the world. In order to discuss the valuable existence of the death penalty, it is might make sense to bring two questions must; whether there is strong reason to implement the death penalty; and whether the death penalty is a suitable method to solve the problem. There are many arguments for and against the death penalty, Sanger and Unah (2012).
First and foremost, death sentence does not make sense it is more of barbaric to deal with murder morally nothing make us better when we kill those who kill. It insincere. Also it is an easy way out for the criminals. It would rather have then suffer in jail for the rest of their life without parole. More so, murders do not fear death so this kind of penalty is not a restrictive. In fact it is cheaper to keep an inmate in prison for life without parole than it is to kill. It does not make sense to spend millions of money on a morally questionable act that has shown no signs of determent, Martin and Michael ( 2013 )
Secondly, death penalty should be abolished. Every year, thousands of people are put on death row for a crime they didn’t even commit. There’s no way of knowing if they actually did or not. Is it worth the risk? It can be seen as a cruel and unusual punishment, which goes against one of our amendments in the Constitution. Crime will always be a part of the world and there will be better ways to handle it. In the United States only it is estimated that total prosecution and defense costs to the state and counties equal $9 million per year. (Gross, Samuel, 2006)
Death penalty is a human rights violation. With the death penalty, you are deliberately deciding punishment by death for a criminal. This is the same concept as eye for an eye and tooth for a tooth. It violates human rights by the government forcing the death of a human. Death by capital punishment is not justice meaning not giving them what is rightfully theirs. I fully support imprisonment instead. God says that we shall not decide the length of another human’s life according to the 10 Commandments. In conclusion, the death penalty is killing. (Stephen and Bright, 2010)
Furthermore, it is barbaric, over expensive and innocents often die If you trade an eye for an eye the whole world will be blind – literally, what gives the justice system the right to take the priceless human life? Thousands of people in the world history have been acquitted after death. The death sentence is incredibly expensive and a waste of information on killers and how they operate as well. Advocates of the death sentence seem to tend to appeal to the emotions but at the end of the day this biblical type of revenge that seems so popular is never satisfying, it is just another death among thousands. Poor quality defense leaves many to death sentence, a study at Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal.
Moreover, it is cruel and unusual punishment. We cannot justify killing someone if we are punctuating it by saying killing is wrong. From a young age we teach our children that two wrongs do not make a right, yet the death penalty is trying to do exactly that. Costs are also prohibitive. It costs more to have someone go through the death penalty process than to keep him in jail for the rest of his life. For there is a better way to help the families of murder victims, families of murder victims undergo severe trauma and loss which no one should minimize. However, executions do not help these people heal nor do they end their pain; the extended process prior to executions prolongs the agony of the family. Families of murder victims would benefit far more if the funds now being used for the costly process of executions were diverted to counseling and other assistance. (Baldus, David. 2008)
Mentally ill people are executed, one out of every ten who has been executed in the United States since 1977 is mentally ill, according to Amnesty International and the National Association on Mental Illness. Many mentally ill defendants are unable to participate in their trials in any meaningful way and appear unengaged, cold, and unfeeling before the jury. Some have been forcibly medicated in order to make them competent to be executed. Although the U.S. Supreme Court has decreed that people with ‘mental retardation’ may not be executed, many countries has not yet passed a law banning the execution of the mentally ill.
Suppose death sentence should only really be used for crimes such as 9/11 and people like Bin Laden or the Yorkshire Ripper. But otherwise it should not be brought back and it should be banned in the world for an indefinite time. Police should use guns if needed, if they were dealing with a gun crime. Or in other words, suppose that we should get rid of them altogether. (Martin and Michael, 2009)
Lastly basing with biblical facts, the Bible does not allow people to be killed when we read through the Bible, killing people is a sin. In Old Testament times, it is mentioned that anyone who commits adultery should be stoned to death, as religious societies we disagree with death sentence. We have witnessed so many people have been killed wrongly. The real criminal is not killed though.
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Argumentative Essay on Why Death Penalty Should Be Abolished in the US
Death penalty is one of the most controversial issues that have created endless debates in the US and all nations worldwide. The concept of capital punishment, sometimes known as the death penalty, is the notion that a criminal can be executed for the perpetrated crime. Murder and treason are two of the most common capital crimes. In certain nations, other crimes such as murder, drug trafficking, crime against humanity, and adultery have also been designated as capital offenses and committing such crimes results in death. There have been approximately 1400 executions since 1976 in the United States. In the USA, 18 states have abolished the death penalty, while 31 states have the death penalty applied, which means that people are killed due to capital crime convictions. Poor defense, class, and racism and some of the causes of wrongful conviction. Those underprivileged have inadequate money to defend themselves and, therefore, a high possibility of being subjected to such cruel convictions. The point is that the Death penalty should not be legalized in the US as it has no deterrent effect on crime, it allows the government to have the power to take human life, and perpetuates social injustices through discrimination, and hence the US government should use lifetime jail sentences instead.
Death penalty is cruel and is contrary to the right to life as stipulated in the US constitution. The US constitution was founded to safeguard its citizens’ life and right to liberty. The death penalty contravenes the right to life. According to Amnesty International, a human being is a right to life, and freedom from cruel and degrading treatment is inalienable. Therefore, the value of human life cannot be overstated, and it cannot be arbitrarily shortened (Capital punishment in the early 21st century, n.d.). Similarly, the death sentence sends a negative message to the general public. People in society believe that human life is worthless and that anyone who commits a horrific act such as murder deserves to die. Again, for many people, the phrase “An eye for an eye” justifies implementing the death sentence, yet it denotes revenge rather than justice (Nathanson, 2001). Death penalty executions can take years after a person is placed on death row. The individual on death row is subjected to an agonizingly long wait. Such suffering should not be inflicted on any living person. In addition, the execution of the criminal is a heinous crime (Death penalty should be abolished, 2019). The point is that every human life is precious and should be treated with respect.
The death penalty does not deter crime, and for this reason, it should be abolished. Even though the death penalty is not ideal, many people think that it is worth the cost if it deters prospective perpetrators. However, public opinion polls demonstrate that most people do not believe that capital punishment has this effect. More than 80 percent of all executions occur in the United States’ southern states, where homicide rates are greatest. The murder rate is significantly lower in states that do not have a death sentence. Even while other factors are at play, no studies demonstrate that the death penalty is deterrence. Most killings are not spontaneous, premeditated, and are committed out of passion. This explains why so many murderers who are convicted try to defend themselves by trying to justify how extreme provocation made them cause the crime. Most of them are not aware of the severe consequences. Research shows that the death penalty is useless and counterproductive, and it has zero impact on reducing crime. Therefore, the death penalty is cruel, inhuman, and does not prevent further crimes from happening; it should not be in existence, nor should it be implemented.
The death penalty should be abolished because it is racial and class discrimination when executing it. Even though it is in the constitution, it does not affect everyone. For instance, people of color, poor people, and mentally ill people often make up most of those sentenced to death. Poor defense is one of the most common reasons for unjust convictions. Poor people can only afford an inadequate defense team. A wealthy person has a higher chance of acquittal since they can afford to hire an adequate counsel. In 68 percent of all death sentence cases, it has been found guilty simply because of insufficient funds to hire a good defense team. According to Mental Health America, 5-10% of death row inmates suffer from serious mental diseases (Robert, 2016). As for racial groups, black people make up over 40 percent of the convicts given a death sentence despite making up just 13 percent of the US population. The minority groups receive the harshest penalty despite not committing the most crimes. Therefore, it is apparent that the legal system is prejudiced, and for this reason, the death penalty should be abolished in the US.
Since the death penalty imposes a high burden on the legal system and the government, it should be eliminated in the US. After a person is sentenced to death, an appeals procedure must begin. This is a lengthy procedure that may take several years to complete. To put it another way, if a person is on death row, the government uses the taxpayer’s money to cater to the prisoner’s living expenses, pay lawyers, and all the legal procedures involved. It is cheaper to keep a criminal in prison for the rest of her/his life than to put them on death row and execute them later. This is one of the most compelling arguments in favor of abolishing the death penalty.
The final reason why the death penalty is not worth it is that if new evidence comes to light, the death penalty cannot be reversed. Since the death sentence is irreversible, it differs from life in prison in that the decision cannot be overturned even if there is new evidence to justify that the victim was innocent. This is called crime error and is immense in the US today. There are several cases where a person is convicted and later found innocent. For instance, in the case of Cameron Todd Willingham, a parent convicted of arson and executed later, he was later found innocent (Dioso-Villa, 2013). This might mean that there can be errors and mistakes committed that can result in an innocent person being sent to his or her death when it comes to execution. There have been several situations in which convicted criminals have been vindicated of their crimes before they have been executed. The death sentence is an excessively harsh punishment in a culture where the judicial system cannot be depended upon to provide justice. This is possibly one of the most compelling arguments for why the death penalty should be abolished, as it has the potential to result in the execution of innocent individuals.
Even though the death penalty does not deter crime, some argue that it deters crime. For example, many individuals do not commit murder recklessly because they are terrified of being apprehended and condemned to death like the victims. People who support the death penalty feel that if the punishment for murder is that the perpetrator will be killed, they will refrain from committing the crime.(Death penalty should be abolished, 2019). Society is trained to learn a lesson from the victims, such as mob justice, where a mob ruthlessly kills a criminal. Nonetheless, this is not always the case; in places like California and Arizona, murder crimes are immense even though the law is imposed(Death penalty should be abolished, 2019). This demonstrates that the death sentence has no effect on crime reduction or deterrence in the real world.
Despite the fact that the death penalty goes against the right to life, others disagree and believe murderers should be executed. This argument is reasonable since the same pain is transferred to the murderer. For instance, it is a basic fact that when Osama Bin Laden killed thousands of people during the 911 attack, the American soldiers conducted an operation that killed Osama 10 years later. In this case, Americans were satisfied and felt that justice had been made. Barack Obama, the then-president, said that “justice had been made” (Osama bin Laden dead, 2016). Another argument favoring capital punishment is that it has been described in religious and biblical texts. According to God’s depiction, a murderer should be put to death if that is what the rule and laws are for humanity to obey.
To conclude, the death penalty should be abolished in the US. This essay has demonstrated that human life is precious, and therefore the death penalty is cruel and against the human right to life. That notwithstanding, the death sentence is worthless since it does little to prevent criminal activity. Even though the death penalty is still imposed, people continue to be victimized, and many of the perpetrators are not terrified of the brutal consequences. Furthermore, we have discovered that the death sentence is exceedingly expensive and maybe a significant financial burden on both the state and the taxpayers. Additionally, a death sentence is final and cannot be reversed even if the victim is innocent. No one is perfect, and for that reason, the legal system can have flaws that can subject innocent people to this cruel act. Again this essay has demonstrated that the legal system has prejudice. There are those that argue that death penalty preventive measure for most crimes. Therefore this cruel penalty is only imposed on certain groups of people, the poor, black people, and the mentally ill. These considerations lead to the conclusion that the death penalty should be abolished in the United States.
Capital punishment in the early 21st century . (n.d.). Encyclopedia Britannica. https://www.britannica.com/topic/capital-punishment/Capital-punishment-in-the-early-21st-century
Death penalty and people with mental illnesses . (n.d.). Mental Health America. https://www.mhanational.org/issues/position-statement-54-death-penalty-and-people-mental-illnesses
Death penalty should be abolished . (2019, August 22). Lush Fresh Handmade Cosmetics. https://www.lushusa.com/stories/article_the-death-penalty-should-be-abolished.html
Dioso-Villa, R. (2013). Scientific and Legal Developments in Fire and Arson Investigation Expertise in Texas v. Willingham. Minn. JL Sci. & Tech. , 14 , 817.
Nathanson, S. (2001). An eye for an eye: The immorality of punishing by death . Rowman & Littlefield.
Osama bin laden dead . (2016, December 15). whitehouse.gov. https://obamawhitehouse.archives.gov/blog/2011/05/02/osama-bin-laden-dead
Robert T. Muller. (2016, October 19). The death penalty may not bring peace to victims’ families . Psychology Today. https://www.psychologytoday.com/intl/blog/talking-about-trauma/201610/death-penalty-may-not-bring-peace-victims-families
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Death Penalty: Why the Death Penalty Should be Abolished Essay
(yes) nicole smith – an argument in favor of capital punishment, (no) stephen nathanson – why we should put the death penalty to rest, my evaluation, my opinions of the arguments, works cited.
The death penalty involves condemning a criminal to death due to a horrendous crime (Roberts-Cady 185). Its existence in the criminal justice system remains is a subject of contention. Stephen Nathanson advances an argument against the death penalty in his article, Why We Should Put the Death Penalty to Rest, by refuting the moral and legal grounds upon which its proponents base their arguments. In a separate article, An Argument in Favor of Capital Punishment, Nicole Smith shows that despite the mounting opposition towards the death penalty, there is reason to keep it in the penal code. These two articles form the core of this essay since its main concern is to determine which one of the two arguments is stronger.
The gist of Nicole Smith’s (Smith par. 1-8) argument is that the death penalty or capital punishment is necessary because it deters murder, thereby saving the victims’ families and friends the pain of losing loved ones. She further argues that in cases where a murder has occurred, the death penalty serves justice to the victim’s loved ones.
Smith’s position on the killing of innocent individuals is apparent. She esteems human life and strongly argues against the killing of innocent individuals. She argues that since victims die and are oblivious of what transpires afterwards, the point of concern is the agony that their loved ones undergo. According to Smith, these people deserve nothing less than retribution. Smith quotes a famous biblical expression, “an eye for an eye and a tooth for a tooth”, to support her argument (par. 2). Since the criminal takes away human life, the only punishment that is commensurate with such an act is to take their life as well. Although she recognizes that the criminal justice system may sometimes err and convict innocent people, she downplays such possibilities on grounds that the error margin is negligible.
Nathanson for his part presents two major arguments in support of his position. Firstly, he argues that the death penalty violates the same values it is supposed to promote (Nathanson 124). For instance, if a criminal receives a death sentence, the only circumstance under which the conviction can be justified, is when the justice system determines beyond any doubt that the convicted individual is the perpetrator of the said crime. Unfortunately, sometimes the system captures and convicts innocent individuals. According to Nathanson (124), the execution of just one innocent individual due to lapses within the justice system contradicts the value of justice.
Secondly, Nathanson refutes the claims that the death penalty preserves human life. Murderers are guilty of killing and so is the justice system when it sentences an individual to death (124). The ideal of respect for human life denies anyone authority over another person’s life under whatever circumstances. Therefore, even if one is guilty of murder, their life is equally important because they are also human. Executing such a person over claims of respect for the life of the victim is inconsistent with the principle of respect for human life.
I esteem ethics and I believe that matters of life and death, such as those presented in these arguments can only be evaluated adequately by the use of relevant ethical theories. The ethical theories that can best evaluate this issue include utilitarianism and Kantian ethics. In utilitarianism, the merit of an action is evaluated by its consequences. From this perspective, Smith’s argument seems plausible because she places emphasis on the effects of murder on the victim’s loved ones. To strengthen the argument further, she adds that it serves the greater good to execute a criminal to avoid the recurrence of murder cases by the same individual. Therefore, if a single individual is executed to save an entire society from pain, suffering, and mayhem such as that caused by serial killers; it is understandable (Berns and Bessette 1).
However, according to Kantian ethics, although it is wrong to kill, executing one person in an attempt to pay for the death of another is not plausible. Executing a criminal to pay for another death is tantamount to assuming that two wrongs can make a right (Gray 257). This assumption does not make sense at all. This position is consistent with Nathanson’s argument that executing a criminal for whatever reason is inconsistent with the belief in the sanctity of life. It is therefore hypocritical to assume that the criminal’s life is of less value in comparison to the victim’s life.
Additionally, the criminal justice system is notorious for some unforgivable lapses that often lead to the incarceration of innocent people (Nathanson 124). Even if only one out of every a thousand convicts is innocent, the system cannot claim to serve justice. The life of that single innocent individual is precious. Moreover, even the 999 who are rightfully convicted do not deserve to die. Their lives are equally important and should be protected by the same system.
While Smith’s argument seems plausible at the superficial level, it is not entirely ethical. It is equally unethical for a criminal to kill an innocent victim, but the idea of punishing murder by death is certainly outdated and has no place in modern society. Human society has advanced in many ways and has abandoned the wisdom of its ancient ancestors, which did not seem to make sense. It would, therefore, be plausible to apply the same standard to the death penalty debate. Even the bible, which is the source of the principle, cautions against it in the second testament. Therefore, using such a principle as the basis for dispensing capital punishment cannot be right by any standards.
Nathanson’s argument is, therefore, more endearing because it shows that no matter the angle of perception, the death penalty remains unreasonable. He points out an important issue in the debate about the death penalty by arguing that both sides cite justice and respect for human life as the values they seek to promote in their arguments. Then he proceeds to show that the death penalty does not serve justice in all cases and is therefore wrong.
He also shows beyond doubt that the death penalty undermines the sanctity of life. Therefore, it’s being part of the penal code allows some unscrupulous individuals to use it for their selfish gain. As such, it should be abolished altogether. Countries that do not have the death penalty, such as Britain have much lower murder cases compared to the U.S. Therefore, proponents of the death penalty, such as Smith, who claims that its removal will cause a rise in murder cases have no ground to make such claims.
In conclusion, both arguments seem to appeal to the sense of reason. However, based on one underlying belief, the distinction can be made as to which argument is more plausible. Although there are circumstances, under which I believe in utilitarianism, in this case, Kantian ethics carry the day. Nathanson’s arguments sound more reasonable to me because I believe that no human being has authority over the life of another whatsoever. Since no element of bias is identifiable in both arguments, my position is that the death penalty should be abolished.
Berns, Walter and Joseph Bessette. “Why the Death Penalty is Fair.” Wall Street Journal , Eastern edition ed.: 1. 1998. ProQuest. Web.
Gray, James P. “Essay: Facing Facts on the Death Penalty.” Loyola of Los Angeles Law Review 44.3 (2011): 255-264. Academic Search Complete . Web.
Nathanson, Stephen. “Why We Should Put the Death Penalty to Rest.” Contemporary Debates in Applied Ethics 15 (2005): 124.
Roberts-Cady, Sarah. “Against Retributive Justifications of the Death Penalty.” Journal of Social Philosophy 41.2 (2010): 185-193. Academic Search Complete . Web.
Smith, Nicole. An Argument in Favor of Capital Punishment. Article Myriad. 2011. Web.
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IvyPanda. (2022, January 28). Death Penalty: Why the Death Penalty Should be Abolished. https://ivypanda.com/essays/death-penalty-why-the-death-penalty-should-be-abolished/
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Should the Death Penalty Be Abolished?
In its last six months, the United States government has put 13 prisoners to death. Do you think capital punishment should end?
By Nicole Daniels
Students in U.S. high schools can get free digital access to The New York Times until Sept. 1, 2021.
In July, the United States carried out its first federal execution in 17 years. Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had in the previous six decades.
The death penalty has been abolished in 22 states and 106 countries, yet it is still legal at the federal level in the United States. Does your state or country allow the death penalty?
Do you believe governments should be allowed to execute people who have been convicted of crimes? Is it ever justified, such as for the most heinous crimes? Or are you universally opposed to capital punishment?
In “ ‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny ,” Adam Liptak writes about the recent federal executions:
In 2015, a few months before he died, Justice Antonin Scalia said he w o uld not be surprised if the Supreme Court did away with the death penalty. These days, after President Trump’s appointment of three justices, liberal members of the court have lost all hope of abolishing capital punishment. In the face of an extraordinary run of federal executions over the past six months, they have been left to wonder whether the court is prepared to play any role in capital cases beyond hastening executions. Until July, there had been no federal executions in 17 years . Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had put to death in the previous six decades.
The article goes on to explain that Justice Stephen G. Breyer issued a dissent on Friday as the Supreme Court cleared the way for the last execution of the Trump era, complaining that it had not sufficiently resolved legal questions that inmates had asked. The article continues:
If Justice Breyer sounded rueful, it was because he had just a few years ago held out hope that the court would reconsider the constitutionality of capital punishment. He had set out his arguments in a major dissent in 2015 , one that must have been on Justice Scalia’s mind when he made his comments a few months later. Justice Breyer wrote in that 46-page dissent that he considered it “highly likely that the death penalty violates the Eighth Amendment,” which bars cruel and unusual punishments. He said that death row exonerations were frequent, that death sentences were imposed arbitrarily and that the capital justice system was marred by racial discrimination. Justice Breyer added that there was little reason to think that the death penalty deterred crime and that long delays between sentences and executions might themselves violate the Eighth Amendment. Most of the country did not use the death penalty, he said, and the United States was an international outlier in embracing it. Justice Ginsburg, who died in September, had joined the dissent. The two other liberals — Justices Sotomayor and Elena Kagan — were undoubtedly sympathetic. And Justice Anthony M. Kennedy, who held the decisive vote in many closely divided cases until his retirement in 2018, had written the majority opinions in several 5-to-4 decisions that imposed limits on the death penalty, including ones barring the execution of juvenile offenders and people convicted of crimes other than murder .
In the July Opinion essay “ The Death Penalty Can Ensure ‘Justice Is Being Done,’ ” Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:
The death penalty is a difficult issue for many Americans on moral, religious and policy grounds. But as a legal issue, it is straightforward. The United States Constitution expressly contemplates “capital” crimes, and Congress has authorized the death penalty for serious federal offenses since President George Washington signed the Crimes Act of 1790. The American people have repeatedly ratified that decision, including through the Federal Death Penalty Act of 1994 signed by President Bill Clinton, the federal execution of Timothy McVeigh under President George W. Bush and the decision by President Barack Obama’s Justice Department to seek the death penalty against the Boston Marathon bomber and Dylann Roof.
Students, read the entire article , then tell us:
Do you support the use of capital punishment? Or do you think it should be abolished? Why?
Do you think the death penalty serves a necessary purpose, like deterring crime, providing relief for victims’ families or imparting justice? Or is capital punishment “cruel and unusual” and therefore prohibited by the Constitution? Is it morally wrong?
Are there alternatives to the death penalty that you think would be more appropriate? For example, is life in prison without the possibility of parole a sufficient sentence? Or is that still too harsh? What about restorative justice , an approach that “considers harm done and strives for agreement from all concerned — the victims, the offender and the community — on making amends”? What other ideas do you have?
Vast racial disparities in the administration of the death penalty have been found. For example, Black people are overrepresented on death row, and a recent study found that “defendants convicted of killing white victims were executed at a rate 17 times greater than those convicted of killing Black victims.” Does this information change or reinforce your opinion of capital punishment? How so?
The Federal Death Penalty Act prohibits the government from executing an inmate who is mentally disabled; however, in the recent executions of Corey Johnson , Alfred Bourgeois and Lisa Montgomery , their defense teams, families and others argued that they had intellectual disabilities. What role do you think disability or trauma history should play in how someone is punished, or rehabilitated, after committing a crime?
How concerned should we be about wrongfully convicted people being executed? The Innocence Project has proved the innocence of 18 people on death row who were exonerated by DNA testing. Do you have worries about the fair application of the death penalty, or about the possibility of the criminal justice system executing an innocent person?
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Is the Death Penalty Justified or Should It Be Abolished?
- is the death penalty justified or should it be abolished?
*Updated 2022
Throughout history, societies around the world have used the death penalty as a way to punish the most heinous crimes. while capital punishment is still practiced today, many countries have since abolished it. in fact, in 2019, california’s governor put a moratorium on the death penalty , stopping it indefinitely. in early 2022, he took further steps and ordered the dismantling of the state’s death row. given the moral complexities and depth of emotions involved, the death penalty remains a controversial debate the world over., the following are three arguments in support of the death penalty and three against it., arguments supporting the death penalty.
Prevents convicted killers from killing again
The death penalty guarantees that convicted murderers will never kill again. There have been countless cases where convicts sentenced to life in prison have murdered other inmates and/or prison guards. Convicts have also been known to successfully arrange murders from within prison, the most famous case being mobster Whitey Bulger , who apparently was killed by fellow inmates while incarcerated. There are also cases where convicts who have been released for parole after serving only part of their sentences – even life sentences – have murdered again after returning to society. A death sentence is the only irrevocable penalty that protects innocent lives.
Maintains justice
For most people, life is sacred, and innocent lives should be valued over the lives of killers. Innocent victims who have been murdered – and in some cases, tortured beforehand – had no choice in their untimely and cruel death or any opportunity to say goodbye to friends and family, prepare wills, or enjoy their last moments of life. Meanwhile, convicted murderers sentenced to life in prison – and even those on death row – are still able to learn, read, write , paint, find religion, watch TV, listen to music, maintain relationships, and even appeal their sentences.
To many, capital punishment symbolizes justice and is the only way to adequately express society’s revulsion of the murder of innocent lives. According to a 2021 Pew Research Center Poll, the majority of US adults ( 60% ) think that legal executions fit the crime of what convicted killers deserve. The death penalty is a way to restore society’s balance of justice – by showing that the most severe crimes are intolerable and will be punished in kind
Historically recognized
Historians and constitutional lawyers seem to agree that by the time the Founding Fathers wrote and signed the U.S. Constitution in 1787, and when the Bill of Rights were ratified and added in 1791, the death penalty was an acceptable and permissible form of punishment for premeditated murder. The Constitution’s 8 th and 14 th Amendments recognize the death penalty BUT under due process of the law. This means that certain legal requirements must first be fulfilled before any state executions can be legally carried out – even when pertaining to the cruelest, most cold-blooded murderer . While interpretations of the amendments pertaining to the death penalty have changed over the years, the Founding Fathers intended to allow for the death penalty from the very beginning and put in place a legal system to ensure due process.
Arguments against the Death Penalty
Not proven to deter crime
There’s no concrete evidence showing that the death penalty actually deters crime. Various studies comparing crime and murder rates in U.S. states that have the death penalty versus those that don’t found that the murder rate in non-death-penalty states has actually remained consistently lower over the years than in those states that have the death penalty. These findings suggest that capital punishment may not actually be a deterrent for crime.
The winds may be shifting regarding the public’s opinion about the death penalty. This is evident by the recent decision of a non-unanimous Florida jury to sentence the Parkland High School shooter to life in prison without parole instead of the death penalty . While the verdict shocked many, it also revealed mixed feelings about the death penalty, including among the families of the 17 Parkland victims and families of victims from other mass shootings.
More expensive than imprisonment
Contrary to popular belief, the death penalty is actually more expensive than keeping an inmate in prison, even for life. While the cost of the actual execution may be minimal, the overall costs surrounding a capital case (where the death penalty is a potential punishment) are enormously high. Sources say that defending a death penalty case can cost around four times higher than defending a case not seeking death. Even in cases where a guilty plea cancels out the need for a trial, seeking the death penalty costs almost twice as much as cases that don’t. And this is before factoring in appeals, which are more time-consuming and therefore cost more than life-sentence appeals, as well as higher prison costs for death-row inmates.
Does not bring closure
It seems logical that punishing a murderer, especially a mass murderer, or terrorist with the most severe punishment would bring closure and relief to victims’ families. However, the opposite may be true. Studies show that capital punishment does not bring comfort to those affected by violent and fatal crimes. In fact, punishing the perpetrator has been shown to make victims feel worse , as it forces them to think about the offender and the incident even more. Also, as capital cases can drag on for years due to endless court appeals, it can be difficult for victims’ families to heal, thus delaying closure.
The Bottom Line: The death penalty has been used to maintain the balance of justice throughout history, punishing violent criminals in the severest way to ensure they won’t kill again. On the other hand, with inconclusive evidence as to its deterrence of crime, the higher costs involved in pursuing capital cases, and the lack of relief and closure it brings to victims’ families, the death penalty is not justified. Where do you stand on this controversial issue?
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Why the Death Penalty Should Be Abolished: A Comprehensive Argument
Table of contents, ethical concerns and human rights, flaws in the criminal justice system, alternatives to capital punishment, society's evolution and global trends, conclusion: advancing justice through abolition.
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Home — Essay Samples — Social Issues — Death Penalty — Against the Death Penalty: A Persuasive Argument for Abolition
Against The Death Penalty: a Persuasive Argument for Abolition
- Categories: Capital Punishment Death Penalty
About this sample
Words: 919 |
Published: Mar 18, 2021
Words: 919 | Pages: 2 | 5 min read
Works Cited
- Dieter, R. C. (2010). The death penalty in decline: From error to arbitrariness. Journal of Criminal Law and Criminology, 99(3), 1005-1032.
- National Coalition to Abolish the Death Penalty. (n.d.). Innocence and the death penalty. Retrieved from https://www.ncadp.org/pages/innocence
- National Coalition to Abolish the Death Penalty. (n.d.). Costs of the death penalty. Retrieved from https://www.ncadp.org/pages/costs
- Baumgartner, F. R., De Boef, S., & Boydstun, A. E. (2008). The decline of the death penalty and the discovery of innocence. Cambridge University Press.
- Bedau, H. A., & Cassell, P. G. (Eds.). (2004). Debating the death penalty: Should America have capital punishment? Oxford University Press.
- Schabas, W. A. (2013). The abolition of the death penalty in international law. Cambridge University Press.
- Benjet, C., González-Rodríguez, R., Orellana, Y., Borges, G., & Medina-Mora, M. E. (2007). Descriptive epidemiology of homicide in Mexico: 1990-1999. Bulletin of the World Health Organization, 85(5), 364-371.
- Bright, S. H. (2009). Counsel for the poor: The death penalty not for the worst crime but for the worst lawyer. Yale Law Journal, 103(8), 1835-1882.
- Shepherd, J. M. (2017). Serial killers: Evolution, antisocial personality disorder and psychological interventions. Journal of Forensic Psychiatry & Psychology, 28(6), 723-740.
- Poveda, T. (2014). The death penalty in Latin America: A comparative analysis of the struggle for abolition in Mexico and Colombia. Journal of Latin American Studies, 46(4), 755-781.
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