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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?

capital punishment cons essay

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?

About Student Opinion

• Find all of our Student Opinion questions in this column . • Have an idea for a Student Opinion question? Tell us about it . • Learn more about how to use our free daily writing prompts for remote learning .

Students 13 and older in the United States and the United Kingdom, and 16 and older elsewhere, are invited to comment. All comments are moderated by the Learning Network staff, but please keep in mind that once your comment is accepted, it will be made public.

Nicole Daniels joined The Learning Network as a staff editor in 2019 after working in museum education, curriculum writing and bilingual education. More about Nicole Daniels

Round Separator

Arguments for and Against the Death Penalty

Click the buttons below to view arguments and testimony on each topic.

The death penalty deters future murders.

Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life.

For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies.

Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty.

Ernest van den Haag, a Professor of Jurisprudence at Fordham University who has studied the question of deterrence closely, wrote: “Even though statistical demonstrations are not conclusive, and perhaps cannot be, capital punishment is likely to deter more than other punishments because people fear death more than anything else. They fear most death deliberately inflicted by law and scheduled by the courts. Whatever people fear most is likely to deter most. Hence, the threat of the death penalty may deter some murderers who otherwise might not have been deterred. And surely the death penalty is the only penalty that could deter prisoners already serving a life sentence and tempted to kill a guard, or offenders about to be arrested and facing a life sentence. Perhaps they will not be deterred. But they would certainly not be deterred by anything else. We owe all the protection we can give to law enforcers exposed to special risks.”

Finally, the death penalty certainly “deters” the murderer who is executed. Strictly speaking, this is a form of incapacitation, similar to the way a robber put in prison is prevented from robbing on the streets. Vicious murderers must be killed to prevent them from murdering again, either in prison, or in society if they should get out. Both as a deterrent and as a form of permanent incapacitation, the death penalty helps to prevent future crime.

Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies have been widely discredited. In fact, some criminologists, such as William Bowers of Northeastern University, maintain that the death penalty has the opposite effect: that is, society is brutalized by the use of the death penalty, and this increases the likelihood of more murder. Even most supporters of the death penalty now place little or no weight on deterrence as a serious justification for its continued use.

States in the United States that do not employ the death penalty generally have lower murder rates than states that do. The same is true when the U.S. is compared to countries similar to it. The U.S., with the death penalty, has a higher murder rate than the countries of Europe or Canada, which do not use the death penalty.

The death penalty is not a deterrent because most people who commit murders either do not expect to be caught or do not carefully weigh the differences between a possible execution and life in prison before they act. Frequently, murders are committed in moments of passion or anger, or by criminals who are substance abusers and acted impulsively. As someone who presided over many of Texas’s executions, former Texas Attorney General Jim Mattox has remarked, “It is my own experience that those executed in Texas were not deterred by the existence of the death penalty law. I think in most cases you’ll find that the murder was committed under severe drug and alcohol abuse.”

There is no conclusive proof that the death penalty acts as a better deterrent than the threat of life imprisonment. A 2012 report released by the prestigious National Research Council of the National Academies and based on a review of more than three decades of research, concluded that studies claiming a deterrent effect on murder rates from the death penalty are fundamentally flawed. A survey of the former and present presidents of the country’s top academic criminological societies found that 84% of these experts rejected the notion that research had demonstrated any deterrent effect from the death penalty .

Once in prison, those serving life sentences often settle into a routine and are less of a threat to commit violence than other prisoners. Moreover, most states now have a sentence of life without parole. Prisoners who are given this sentence will never be released. Thus, the safety of society can be assured without using the death penalty.

Ernest van den Haag Professor of Jurisprudence and Public Policy, Fordham University. Excerpts from ” The Ultimate Punishment: A Defense,” (Harvard Law Review Association, 1986)

“Execution of those who have committed heinous murders may deter only one murder per year. If it does, it seems quite warranted. It is also the only fitting retribution for murder I can think of.”

“Most abolitionists acknowledge that they would continue to favor abolition even if the death penalty were shown to deter more murders than alternatives could deter. Abolitionists appear to value the life of a convicted murderer or, at least, his non-execution, more highly than they value the lives of the innocent victims who might be spared by deterring prospective murderers.

Deterrence is not altogether decisive for me either. I would favor retention of the death penalty as retribution even if it were shown that the threat of execution could not deter prospective murderers not already deterred by the threat of imprisonment. Still, I believe the death penalty, because of its finality, is more feared than imprisonment, and deters some prospective murderers not deterred by the thought of imprisonment. Sparing the lives of even a few prospective victims by deterring their murderers is more important than preserving the lives of convicted murderers because of the possibility, or even the probability, that executing them would not deter others. Whereas the life of the victims who might be saved are valuable, that of the murderer has only negative value, because of his crime. Surely the criminal law is meant to protect the lives of potential victims in preference to those of actual murderers.”

“We threaten punishments in order to deter crime. We impose them not only to make the threats credible but also as retribution (justice) for the crimes that were not deterred. Threats and punishments are necessary to deter and deterrence is a sufficient practical justification for them. Retribution is an independent moral justification. Although penalties can be unwise, repulsive, or inappropriate, and those punished can be pitiable, in a sense the infliction of legal punishment on a guilty person cannot be unjust. By committing the crime, the criminal volunteered to assume the risk of receiving a legal punishment that he could have avoided by not committing the crime. The punishment he suffers is the punishment he voluntarily risked suffering and, therefore, it is no more unjust to him than any other event for which one knowingly volunteers to assume the risk. Thus, the death penalty cannot be unjust to the guilty criminal.”

Full text can be found at PBS.org .

Hugo Adam Bedau (deceased) Austin Fletcher Professor of Philosophy, Tufts University Excerpts from “The Case Against The Death Penalty” (Copyright 1997, American Civil Liberties Union)

“Persons who commit murder and other crimes of personal violence either may or may not premeditate their crimes.

When crime is planned, the criminal ordinarily concentrates on escaping detection, arrest, and conviction. The threat of even the severest punishment will not discourage those who expect to escape detection and arrest. It is impossible to imagine how the threat of any punishment could prevent a crime that is not premeditated….

Most capital crimes are committed in the heat of the moment. Most capital crimes are committed during moments of great emotional stress or under the influence of drugs or alcohol, when logical thinking has been suspended. In such cases, violence is inflicted by persons heedless of the consequences to themselves as well as to others….

If, however, severe punishment can deter crime, then long-term imprisonment is severe enough to deter any rational person from committing a violent crime.

The vast preponderance of the evidence shows that the death penalty is no more effective than imprisonment in deterring murder and that it may even be an incitement to criminal violence. Death-penalty states as a group do not have lower rates of criminal homicide than non-death-penalty states….

On-duty police officers do not suffer a higher rate of criminal assault and homicide in abolitionist states than they do in death-penalty states. Between l973 and l984, for example, lethal assaults against police were not significantly more, or less, frequent in abolitionist states than in death-penalty states. There is ‘no support for the view that the death penalty provides a more effective deterrent to police homicides than alternative sanctions. Not for a single year was evidence found that police are safer in jurisdictions that provide for capital punishment.’ (Bailey and Peterson, Criminology (1987))

Prisoners and prison personnel do not suffer a higher rate of criminal assault and homicide from life-term prisoners in abolition states than they do in death-penalty states. Between 1992 and 1995, 176 inmates were murdered by other prisoners; the vast majority (84%) were killed in death penalty jurisdictions. During the same period about 2% of all assaults on prison staff were committed by inmates in abolition jurisdictions. Evidently, the threat of the death penalty ‘does not even exert an incremental deterrent effect over the threat of a lesser punishment in the abolitionist states.’ (Wolfson, in Bedau, ed., The Death Penalty in America, 3rd ed. (1982))

Actual experience thus establishes beyond a reasonable doubt that the death penalty does not deter murder. No comparable body of evidence contradicts that conclusion.”

Click here for the full text from the ACLU website.

Retribution

A just society requires the taking of a life for a life.

When someone takes a life, the balance of justice is disturbed. Unless that balance is restored, society succumbs to a rule of violence. Only the taking of the murderer’s life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind.

Retribution has its basis in religious values, which have historically maintained that it is proper to take an “eye for an eye” and a life for a life.

Although the victim and the victim’s family cannot be restored to the status which preceded the murder, at least an execution brings closure to the murderer’s crime (and closure to the ordeal for the victim’s family) and ensures that the murderer will create no more victims.

For the most cruel and heinous crimes, the ones for which the death penalty is applied, offenders deserve the worst punishment under our system of law, and that is the death penalty. Any lesser punishment would undermine the value society places on protecting lives.

Robert Macy, District Attorney of Oklahoma City, described his concept of the need for retribution in one case: “In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed. The killer should not lie in some prison with three meals a day, clean sheets, cable TV, family visits and endless appeals. For justice to prevail, some killers just need to die.”

Retribution is another word for revenge. Although our first instinct may be to inflict immediate pain on someone who wrongs us, the standards of a mature society demand a more measured response.

The emotional impulse for revenge is not a sufficient justification for invoking a system of capital punishment, with all its accompanying problems and risks. Our laws and criminal justice system should lead us to higher principles that demonstrate a complete respect for life, even the life of a murderer. Encouraging our basest motives of revenge, which ends in another killing, extends the chain of violence. Allowing executions sanctions killing as a form of ‘pay-back.’

Many victims’ families denounce the use of the death penalty. Using an execution to try to right the wrong of their loss is an affront to them and only causes more pain. For example, Bud Welch’s daughter, Julie, was killed in the Oklahoma City bombing in 1995. Although his first reaction was to wish that those who committed this terrible crime be killed, he ultimately realized that such killing “is simply vengeance; and it was vengeance that killed Julie…. Vengeance is a strong and natural emotion. But it has no place in our justice system.”

The notion of an eye for an eye, or a life for a life, is a simplistic one which our society has never endorsed. We do not allow torturing the torturer, or raping the rapist. Taking the life of a murderer is a similarly disproportionate punishment, especially in light of the fact that the U.S. executes only a small percentage of those convicted of murder, and these defendants are typically not the worst offenders but merely the ones with the fewest resources to defend themselves.

Louis P. Pojman Author and Professor of Philosophy, U.S. Military Academy. Excerpt from “The Death Penalty: For and Against,” (Rowman & Littlefield Publishers, Inc., 1998)

“[Opponents of the capital punishment often put forth the following argument:] Perhaps the murderer deserves to die, but what authority does the state have to execute him or her? Both the Old and New Testament says, “’Vengeance is mine, I will repay,’ says the Lord” (Prov. 25:21 and Romans 12:19). You need special authority to justify taking the life of a human being.

The objector fails to note that the New Testament passage continues with a support of the right of the state to execute criminals in the name of God: “Let every person be subjected to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore he who resists what God has appointed, and those who resist will incur judgment…. If you do wrong, be afraid, for [the authority] does not bear the sword in vain; he is the servant of God to execute his wrath on the wrongdoer” (Romans 13: 1-4). So, according to the Bible, the authority to punish, which presumably includes the death penalty, comes from God.

But we need not appeal to a religious justification for capital punishment. We can site the state’s role in dispensing justice. Just as the state has the authority (and duty) to act justly in allocating scarce resources, in meeting minimal needs of its (deserving) citizens, in defending its citizens from violence and crime, and in not waging unjust wars; so too does it have the authority, flowing from its mission to promote justice and the good of its people, to punish the criminal. If the criminal, as one who has forfeited a right to life, deserves to be executed, especially if it will likely deter would-be murderers, the state has a duty to execute those convicted of first-degree murder.”

National Council of Synagogues and the Bishops’ Committee for Ecumenical and Interreligious Affairs of the National Conference of Catholic Bishops Excerpts from “To End the Death Penalty: A Report of the National Jewish/Catholic Consultation” (December, 1999)

“Some would argue that the death penalty is needed as a means of retributive justice, to balance out the crime with the punishment. This reflects a natural concern of society, and especially of victims and their families. Yet we believe that we are called to seek a higher road even while punishing the guilty, for example through long and in some cases life-long incarceration, so that the healing of all can ultimately take place.

Some would argue that the death penalty will teach society at large the seriousness of crime. Yet we say that teaching people to respond to violence with violence will, again, only breed more violence.

The strongest argument of all [in favor of the death penalty] is the deep pain and grief of the families of victims, and their quite natural desire to see punishment meted out to those who have plunged them into such agony. Yet it is the clear teaching of our traditions that this pain and suffering cannot be healed simply through the retribution of capital punishment or by vengeance. It is a difficult and long process of healing which comes about through personal growth and God’s grace. We agree that much more must be done by the religious community and by society at large to solace and care for the grieving families of the victims of violent crime.

Recent statements of the Reform and Conservative movements in Judaism, and of the U.S. Catholic Conference sum up well the increasingly strong convictions shared by Jews and Catholics…:

‘Respect for all human life and opposition to the violence in our society are at the root of our long-standing opposition (as bishops) to the death penalty. We see the death penalty as perpetuating a cycle of violence and promoting a sense of vengeance in our culture. As we said in Confronting the Culture of Violence: ‘We cannot teach that killing is wrong by killing.’ We oppose capital punishment not just for what it does to those guilty of horrible crimes, but for what it does to all of us as a society. Increasing reliance on the death penalty diminishes all of us and is a sign of growing disrespect for human life. We cannot overcome crime by simply executing criminals, nor can we restore the lives of the innocent by ending the lives of those convicted of their murders. The death penalty offers the tragic illusion that we can defend life by taking life.’1

We affirm that we came to these conclusions because of our shared understanding of the sanctity of human life. We have committed ourselves to work together, and each within our own communities, toward ending the death penalty.” Endnote 1. Statement of the Administrative Committee of the United States Catholic Conference, March 24, 1999.

The risk of executing the innocent precludes the use of the death penalty.

The death penalty alone imposes an irrevocable sentence. Once an inmate is executed, nothing can be done to make amends if a mistake has been made. There is considerable evidence that many mistakes have been made in sentencing people to death. Since 1973, over 180 people have been released from death row after evidence of their innocence emerged. During the same period of time, over 1,500 people have been executed. Thus, for every 8.3 people executed, we have found one person on death row who never should have been convicted. These statistics represent an intolerable risk of executing the innocent. If an automobile manufacturer operated with similar failure rates, it would be run out of business.

Our capital punishment system is unreliable. A study by Columbia University Law School found that two thirds of all capital trials contained serious errors. When the cases were retried, over 80% of the defendants were not sentenced to death and 7% were completely acquitted.

Many of the releases of innocent defendants from death row came about as a result of factors outside of the justice system. Recently, journalism students in Illinois were assigned to investigate the case of a man who was scheduled to be executed, after the system of appeals had rejected his legal claims. The students discovered that one witness had lied at the original trial, and they were able to find another man, who confessed to the crime on videotape and was later convicted of the murder. The innocent man who was released was very fortunate, but he was spared because of the informal efforts of concerned citizens, not because of the justice system.

In other cases, DNA testing has exonerated death row inmates. Here, too, the justice system had concluded that these defendants were guilty and deserving of the death penalty. DNA testing became available only in the early 1990s, due to advancements in science. If this testing had not been discovered until ten years later, many of these inmates would have been executed. And if DNA testing had been applied to earlier cases where inmates were executed in the 1970s and 80s, the odds are high that it would have proven that some of them were innocent as well.

Society takes many risks in which innocent lives can be lost. We build bridges, knowing that statistically some workers will be killed during construction; we take great precautions to reduce the number of unintended fatalities. But wrongful executions are a preventable risk. By substituting a sentence of life without parole, we meet society’s needs of punishment and protection without running the risk of an erroneous and irrevocable punishment.

There is no proof that any innocent person has actually been executed since increased safeguards and appeals were added to our death penalty system in the 1970s. Even if such executions have occurred, they are very rare. Imprisoning innocent people is also wrong, but we cannot empty the prisons because of that minimal risk. If improvements are needed in the system of representation, or in the use of scientific evidence such as DNA testing, then those reforms should be instituted. However, the need for reform is not a reason to abolish the death penalty.

Besides, many of the claims of innocence by those who have been released from death row are actually based on legal technicalities. Just because someone’s conviction is overturned years later and the prosecutor decides not to retry him, does not mean he is actually innocent.

If it can be shown that someone is innocent, surely a governor would grant clemency and spare the person. Hypothetical claims of innocence are usually just delaying tactics to put off the execution as long as possible. Given our thorough system of appeals through numerous state and federal courts, the execution of an innocent individual today is almost impossible. Even the theoretical execution of an innocent person can be justified because the death penalty saves lives by deterring other killings.

Gerald Kogan, Former Florida Supreme Court Chief Justice Excerpts from a speech given in Orlando, Florida, October 23, 1999 “[T]here is no question in my mind, and I can tell you this having seen the dynamics of our criminal justice system over the many years that I have been associated with it, [as] prosecutor, defense attorney, trial judge and Supreme Court Justice, that convinces me that we certainly have, in the past, executed those people who either didn’t fit the criteria for execution in the State of Florida or who, in fact, were, factually, not guilty of the crime for which they have been executed.

“And you can make these statements when you understand the dynamics of the criminal justice system, when you understand how the State makes deals with more culpable defendants in a capital case, offers them light sentences in exchange for their testimony against another participant or, in some cases, in fact, gives them immunity from prosecution so that they can secure their testimony; the use of jailhouse confessions, like people who say, ‘I was in the cell with so-and-so and they confessed to me,’ or using those particular confessions, the validity of which there has been great doubt. And yet, you see the uneven application of the death penalty where, in many instances, those that are the most culpable escape death and those that are the least culpable are victims of the death penalty. These things begin to weigh very heavily upon you. And under our system, this is the system we have. And that is, we are human beings administering an imperfect system.”

“And how about those people who are still sitting on death row today, who may be factually innocent but cannot prove their particular case very simply because there is no DNA evidence in their case that can be used to exonerate them? Of course, in most cases, you’re not going to have that kind of DNA evidence, so there is no way and there is no hope for them to be saved from what may be one of the biggest mistakes that our society can make.”

The entire speech by Justice Kogan is available here.

Paul G. Cassell Associate Professor of Law, University of Utah, College of Law, and former law clerk to Chief Justice Warren E. Burger. Statement before the Committee on the Judiciary, United States House of Representatives, Subcommittee on Civil and Constitutional Rights Concerning Claims of Innocence in Capital Cases (July 23, 1993)

“Given the fallibility of human judgments, the possibility exists that the use of capital punishment may result in the execution of an innocent person. The Senate Judiciary Committee has previously found this risk to be ‘minimal,’ a view shared by numerous scholars. As Justice Powell has noted commenting on the numerous state capital cases that have come before the Supreme Court, the ‘unprecedented safeguards’ already inherent in capital sentencing statutes ‘ensure a degree of care in the imposition of the sentence of death that can only be described as unique.’”

“Our present system of capital punishment limits the ultimate penalty to certain specifically-defined crimes and even then, permit the penalty of death only when the jury finds that the aggravating circumstances in the case outweigh all mitigating circumstances. The system further provides judicial review of capital cases. Finally, before capital sentences are carried out, the governor or other executive official will review the sentence to insure that it is a just one, a determination that undoubtedly considers the evidence of the condemned defendant’s guilt. Once all of those decisionmakers have agreed that a death sentence is appropriate, innocent lives would be lost from failure to impose the sentence.”

“Capital sentences, when carried out, save innocent lives by permanently incapacitating murderers. Some persons who commit capital homicide will slay other innocent persons if given the opportunity to do so. The death penalty is the most effective means of preventing such killers from repeating their crimes. The next most serious penalty, life imprisonment without possibility of parole, prevents murderers from committing some crimes but does not prevent them from murdering in prison.”

“The mistaken release of guilty murderers should be of far greater concern than the speculative and heretofore nonexistent risk of the mistaken execution of an innocent person.”

Full text can be found here.

Arbitrariness & Discrimination

The death penalty is applied unfairly and should not be used.

In practice, the death penalty does not single out the worst offenders. Rather, it selects an arbitrary group based on such irrational factors as the quality of the defense counsel, the county in which the crime was committed, or the race of the defendant or victim.

Almost all defendants facing the death penalty cannot afford their own attorney. Hence, they are dependent on the quality of the lawyers assigned by the state, many of whom lack experience in capital cases or are so underpaid that they fail to investigate the case properly. A poorly represented defendant is much more likely to be convicted and given a death sentence.

With respect to race, studies have repeatedly shown that a death sentence is far more likely where a white person is murdered than where a Black person is murdered. The death penalty is racially divisive because it appears to count white lives as more valuable than Black lives. Since the death penalty was reinstated in 1976, 296 Black defendants have been executed for the murder of a white victim, while only 31 white defendants have been executed for the murder of a Black victim. Such racial disparities have existed over the history of the death penalty and appear to be largely intractable.

It is arbitrary when someone in one county or state receives the death penalty, but someone who commits a comparable crime in another county or state is given a life sentence. Prosecutors have enormous discretion about when to seek the death penalty and when to settle for a plea bargain. Often those who can only afford a minimal defense are selected for the death penalty. Until race and other arbitrary factors, like economics and geography, can be eliminated as a determinant of who lives and who dies, the death penalty must not be used.

Discretion has always been an essential part of our system of justice. No one expects the prosecutor to pursue every possible offense or punishment, nor do we expect the same sentence to be imposed just because two crimes appear similar. Each crime is unique, both because the circumstances of each victim are different and because each defendant is different. The U.S. Supreme Court has held that a mandatory death penalty which applied to everyone convicted of first degree murder would be unconstitutional. Hence, we must give prosecutors and juries some discretion.

In fact, more white people are executed in this country than black people. And even if blacks are disproportionately represented on death row, proportionately blacks commit more murders than whites. Moreover, the Supreme Court has rejected the use of statistical studies which claim racial bias as the sole reason for overturning a death sentence.

Even if the death penalty punishes some while sparing others, it does not follow that everyone should be spared. The guilty should still be punished appropriately, even if some do escape proper punishment unfairly. The death penalty should apply to killers of black people as well as to killers of whites. High paid, skillful lawyers should not be able to get some defendants off on technicalities. The existence of some systemic problems is no reason to abandon the whole death penalty system.

Reverend Jesse L. Jackson, Sr. President and Chief Executive Officer, Rainbow/PUSH Coalition, Inc. Excerpt from “Legal Lynching: Racism, Injustice & the Death Penalty,” (Marlowe & Company, 1996)

“Who receives the death penalty has less to do with the violence of the crime than with the color of the criminal’s skin, or more often, the color of the victim’s skin. Murder — always tragic — seems to be a more heinous and despicable crime in some states than in others. Women who kill and who are killed are judged by different standards than are men who are murderers and victims.

The death penalty is essentially an arbitrary punishment. There are no objective rules or guidelines for when a prosecutor should seek the death penalty, when a jury should recommend it, and when a judge should give it. This lack of objective, measurable standards ensures that the application of the death penalty will be discriminatory against racial, gender, and ethnic groups.

The majority of Americans who support the death penalty believe, or wish to believe, that legitimate factors such as the violence and cruelty with which the crime was committed, a defendant’s culpability or history of violence, and the number of victims involved determine who is sentenced to life in prison and who receives the ultimate punishment. The numbers, however, tell a different story. They confirm the terrible truth that bias and discrimination warp our nation’s judicial system at the very time it matters most — in matters of life and death. The factors that determine who will live and who will die — race, sex, and geography — are the very same ones that blind justice was meant to ignore. This prejudicial distribution should be a moral outrage to every American.”

Justice Lewis Powell United States Supreme Court Justice excerpts from McCleskey v. Kemp, 481 U.S. 279 (1987) (footnotes and citations omitted)

(Mr. McCleskey, a black man, was convicted and sentenced to death in 1978 for killing a white police officer while robbing a store. Mr. McCleskey appealed his conviction and death sentence, claiming racial discrimination in the application of Georgia’s death penalty. He presented statistical analysis showing a pattern of sentencing disparities based primarily on the race of the victim. The analysis indicated that black defendants who killed white victims had the greatest likelihood of receiving the death penalty. Writing the majority opinion for the Supreme Court, Justice Powell held that statistical studies on race by themselves were an insufficient basis for overturning the death penalty.)

“[T]he claim that [t]his sentence rests on the irrelevant factor of race easily could be extended to apply to claims based on unexplained discrepancies that correlate to membership in other minority groups, and even to gender. Similarly, since [this] claim relates to the race of his victim, other claims could apply with equally logical force to statistical disparities that correlate with the race or sex of other actors in the criminal justice system, such as defense attorneys or judges. Also, there is no logical reason that such a claim need be limited to racial or sexual bias. If arbitrary and capricious punishment is the touchstone under the Eighth Amendment, such a claim could — at least in theory — be based upon any arbitrary variable, such as the defendant’s facial characteristics, or the physical attractiveness of the defendant or the victim, that some statistical study indicates may be influential in jury decision making. As these examples illustrate, there is no limiting principle to the type of challenge brought by McCleskey. The Constitution does not require that a State eliminate any demonstrable disparity that correlates with a potentially irrelevant factor in order to operate a criminal justice system that includes capital punishment. As we have stated specifically in the context of capital punishment, the Constitution does not ‘plac[e] totally unrealistic conditions on its use.’ (Gregg v. Georgia)”

The entire decision can be found here.

Capital Punishment: Pros and Cons of the Death Penalty

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The death penalty, also known as capital punishment, is the lawful imposition of death as punishment for a crime. In 2004 four (China, Iran, Vietnam, and the US) accounted for 97% of all global executions. On average, every 9-10 days a government in the United States executes a prisoner.

It is the Eighth Amendment , the constitutional clause that prohibits "cruel and unusual" punishment, which is at the center of the debate about capital punishment in America. Although most Americans support capital punishment under some circumstances, according to Gallup support for capital punishment has dropped dramatically from a high of 80% in 1994 to about 60% today.

Facts and Figures

Red state executions per million population are an order of magnitude greater than blue state executions (46.4 v 4.5). Blacks are executed at a rate significantly disproportionate to their share of the overall population.

Based on 2000 data , Texas ranked 13th in the country in violent crime and 17th in murders per 100,000 citizens. However, Texas leads the nation in death penalty convictions and executions.

Since the 1976 Supreme Court decision that reinstated the death penalty in the United States, the governments of the United States had executed 1,136, as of December 2008. The 1,000th execution, North Carolina's Kenneth Boyd, occurred in December 2005. There were 42 executions in 2007 .

More than 3,300 prisoners were serving death-row sentences in the US in December 2008. Nationwide, juries are delivering fewer death sentences: since the late 1990s, they have dropped 50%. The violent crime rate has also dropped dramatically since the mid-90s, reaching the lowest level ever recorded in 2005.

Latest Developments

In 2007, the Death Penalty Information Center released a report, “ A Crisis of Confidence: Americans’ Doubts About the Death Penalty .”

The Supreme Court has ruled that the death penalty should reflect the "conscience of the community," and that its application should be measured against society's "evolving standards of decency. This latest report suggests that 60% of Americans do not believe that the death penalty is a deterrent to murder. Moreover, almost 40% believe that their moral beliefs would disqualify them from serving on a capital case.

And when asked whether they prefer the death penalty or life in prison without parole as punishment for murder, the respondents were split: 47% death penalty, 43% prison, 10% unsure. Interestingly, 75% believe that a "higher degree of proof" is required in a capital case than in a "prison as punishment" case. (poll margin of error +/- ~3%)

In addition, since 1973 more than 120 people have had their death row convictions overturned. DNA testing has resulted in 200 non-capital cases to be overturned since 1989. Mistakes like these shake public confidence in the capital punishment system. Perhaps it is not surprising, then, that almost 60% of those polled—including almost 60% of the southerners—in this study believe that the United States should impose a moratorium on the death penalty.

An ad hoc moratorium is almost in place. After the 1,000th execution in December 2005, there were almost no executions in 2006 or the first five months of 2007.

Executions as a form of punishment date to at least the 18th century BC. In America, Captain George Kendall was executed in 1608 in the Jamestown Colony of Virginia; he was accused of being a spy for Spain. In 1612, Virginia's death penalty violations included what modern citizens would consider minor violations: stealing grapes, killing chickens and trading with Indigenous peoples.

In the 1800s, abolitionists took up the cause of capital punishment, relying in part on Cesare Beccaria's 1767 essay, On Crimes and Punishment .

From the 1920s-1940s, criminologists argued that the death penalty was a necessary and preventative social measure. The 1930s, also marked by the Depression, saw more executions than any other decade in our history.

From the 1950s-1960s, public sentiment turned against capital punishment , and the number executed plummeted. In 1958, the Supreme Court ruled in Trop v. Dulles that the Eighth Amendment contained an "evolving standard of decency that marked the progress of a maturing society." And according to Gallup, public support reached an all-time low of 42% in 1966.

Two 1968 cases caused the nation to rethink its capital punishment law. In U.S. v. Jackson , the Supreme Court ruled that requiring that the death penalty be imposed only upon recommendation of a jury was unconstitutional because it encouraged defendants to plead guilty to avoid trial. In Witherspoon v. Illinois , the Court ruled on juror selection; having a "reservation" was insufficient cause for dismissal in a capital case.

In June 1972, the Supreme Court (5 to 4) effectively voided death penalty statutes in 40 states and commuted the sentences of 629 death row inmates. In Furman v. Georgia , the Supreme Court ruled that capital punishment with sentencing discretion was "cruel and unusual" and thus violated the Eighth Amendment of the U.S. Constitution.

In 1976, the Court ruled that capital punishment itself was constitutional while holding that new death penalty laws in Florida, Georgia and Texas—which included sentencing guidelines, bifurcated trials, and automatic appellate review—were constitutional.

A ten-year moratorium on executions that had begun with the Jackson and Witherspoon ended on 17 January 1977 with the execution of Gary Gilmore by firing squad in Utah.

There are two common arguments in support of capital punishment : that of deterrence and that of retribution.

According to Gallup, most Americans believe that the death penalty is a deterrent to homicide, which helps them justify their support for capital punishment. Other Gallup research suggests that most Americans would not support capital punishment if it did not deter murder.

Does capital punishment deter violent crimes? In other words, will a potential murderer consider the possibility that they might be convicted and face the death penalty before committing murder? The answer appears to be "no."

Social scientists have mined empirical data searching for the definitive answer on deterrence since the early 20th century. And "most deterrence research has found that the death penalty has virtually the same effect as long imprisonment on homicide rates." Studies suggesting otherwise (notably, writings of Isaac Ehrlich from the 1970s) have been, in general, criticized for methodological errors. Ehrlich's work was also criticized by the National Academy of Sciences - but it is still cited as a rationale for deterrence.

A 1995 survey of police chiefs and country sheriffs found that most ranked the death penalty last in a list of six options that might deter violent crime. Their top two picks? Reducing drug abuse and fostering an economy that provides more jobs.

Data on murder rates seem to discredit the deterrence theory as well. The region of the county with the greatest number of executions—the South—is the region with the largest murder rates. For 2007, the average murder rate in states with the death penalty was 5.5; the average murder rate of the 14 states without the death penalty was 3.1. Thus deterrence, which is offered as a reason to support capital punishment ("pro"), doesn't wash.

Retribution

In Gregg v Georgia , the Supreme Court wrote that "[t]he instinct for retribution is part of the nature of man..." The theory of retribution rests, in part, on the Old Testament and its call for "an eye for an eye." Proponents of retribution argue that "the punishment must fit the crime." According to The New American : "Punishment—sometimes called retribution—is the main reason for imposing the death penalty."

Opponents of retribution theory believe in the sanctity of life and often argue that it is just as wrong for society to kill as it is for an individual to kill. Others argue that what drives American support for capital punishment is the " impermanent emotion of outrage ." Certainly, emotion not reason seems to be the key behind support for capital punishment.

Some supporters of the death penalty also contend it is less expensive than a life sentence. Nevertheless, at least 47 states do have life sentences without the possibility of parole. Of those, at least 18 have no possibility of parole. And according to the ACLU :

The most comprehensive death penalty study in the country found that the death penalty costs North Carolina $2.16 million more per execution than a non-death penalty murder case with a sentence of life imprisonment (Duke University, May 1993). In its review of death penalty expenses, the State of Kansas concluded that capital cases are 70% more expensive than comparable non-death penalty cases.

More than 1000 religious leaders  have written an open letter to America and its leaders:

We join with many Americans in questioning the need for the death penalty in our modern society and in challenging the effectiveness of this punishment, which has consistently been shown to be ineffective, unfair, and inaccurate... With the prosecution of even a single capital case costing millions of dollars, the cost of executing 1,000 people has easily risen to billions of dollars. In light of the serious economic challenges that our country faces today, the valuable resources that are expended to carry out death sentences would be better spent investing in programs that work to prevent crime, such as improving education, providing services to those with mental illness, and putting more law enforcement officers on our streets. We should make sure that money is spent to improve life, not destroy it... As people of faith, we take this opportunity to reaffirm our opposition to the death penalty and to express our belief in the sacredness of human life and in the human capacity for change.

In 2005, Congress considered the Streamlined Procedures Act (SPA), which would have amended the Anti-Terrorism and Effective Death Penalty Act (AEDPA). AEDPA placed restrictions on the power of federal courts to grant writs of habeas corpus to state prisoners. The SPA would have imposed additional limits on the ability of state inmates to challenge the constitutionality of their imprisonment through habeas corpus.

  • Recent Legal History of the Death Penalty in America
  • New Challenges to the Death Penalty
  • Pros & Cons of the Death Penalty
  • Furman v. Georgia: Supreme Court Case, Arguments, Impact
  • The Death Penalty in the United States
  • 5 Arguments in Favor of the Death Penalty
  • Coker v. Georgia: Supreme Court Case, Arguments, Impact
  • History of Capital Punishment in Canada
  • Abolition of Capital Punishment in Canada
  • The Eighth Amendment: Text, Origins, and Meaning
  • Ewing v. California: Supreme Court Case, Arguments, Impact
  • Criminal Justice and Your Constitutional Rights
  • The Main Classifications of Criminal Offenses
  • "The Penalty of Death" by H.L. Mencken
  • America's Most Famous Murder Cases
  • Finding Sources for Death Penalty Research

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15 Biggest Capital Punishment Pros and Cons

Capital punishment is defined as the authorized, legal killing of an individual as punishment for a crime that was committed. It is a government-sanctioned action which is often referred to as the “death penalty” in the United States.

Common crimes that are eligible for a sentence of capital punishment upon conviction include murder, espionage, and reason. Certain crimes against humanity, such as genocide, also qualify at an international level for capital punishment.

As of 2018, there are currently 56 countries, including the United States, which have retained capital punishment as an option for their system of criminal justice. On the other hand, 103 countries have completely abolished for all crimes, 6 have abolished it for ordinary crimes, while another 30 are abolitionist in its practice.

Despite this fact, about 60% of the world still lives in a country where the death penalty has been retained. Here are the capital punishment pros and cons to consider.

List of the Pros of Capital Punishment

1. It provides a deterrent against violent crime within a society. The goal of a law is to provide someone with a deterrent against a crime they wish to commit. As a society, violent crime is something to be avoided at all costs. To make that happen, the strongest deterrent is required. That is why capital punishment often applies to cases of first-degree murder or issues where the safety of an entire country was jeopardized. By telling people they’ll die, if convicted, for these serious crimes, the goal is to prevent the crime from happening in the first place.

2. It still provides a respectful outcome to a convicted individual. The modern death penalty in the United States as evolved into a process that is intended to be painless and effective. Lethal injections of medication cause a person to stop breathing and their heart to stop beating. Although shortages of drugs from manufacturers have created issues with executions in recent years, including people surviving the execution attempt, the process is much more compassionate than electrocution, firing squads, or hanging, which were common execution methods in the past.

3. It allows for a deserved punishment for horrific crimes. There is a point in time when someone who commits a horrific crime is beyond the point where rehabilitation is possible. Not only does capital punishment create a deserved punishment that I equal to the crime committed, it provides a safety net for the rest of the society. A sentence of death prevents that person from committing another horrific crime. It also reduces the influence that person would have on prison populations, which may influence behaviors and choices of non-violent offenders upon their release.

4. It prevents prisons from becoming over-populated. In the United States, there are more than 2.3 million people being held in state and federal prisons, local jails, Indian Country jails, juvenile correctional facilities, immigration detention centers, military prisons, and civil commitment centers. About 443,000 people have not been convicted of anything and are awaiting trial. Another 41,000 are in detention in immigration centers without conviction. On the other hand, 704,000 prisoners are labeled as violent offenders in state prisons. Capital punishment laws create space for potential rehabilitation without dealing with issues of prison over-population.

5. It eliminates sympathy for the criminal. Criminal justice should involve addressing the facts of the situation. Far too often, there is an emotional response to people charged with a capital crime, with sympathy being directed toward the individual or the family of the accused person. When someone is facing a trial, or the consequences of their actions, then the law should be able to address the actions in a way that discourages others from doing the same thing.

6. It offers zero chance of escape. When the death penalty is being implemented, there is no chance for the individual to escape the consequences of their actions. It eliminates the possibility of an illegal escape. Even if an individual manages to survive their execution attempt, the law allows for another attempt to be made. As John McAdams, a suspended associate professor of political science at Marquette University at the time of writing, describes the situation, “If we execute murders and there is no deterrent effect, then we have killed murders. If we fail to execute murderers, which would have deterred others from committing such a crime, then we would have allowed the killing of innocent victims.”

List of the Cons of Capital Punishment

1. It costs more to implement the death penalty than offer life in prison. According to the Death Penalty Information Center, the average cost of a case without capital punishment involved is $740,000. For cases where the death penalty is sought be prosecutors, the average cost off the case is $1.26 million. In addition to the prosecution expenses, the cost of housing a prisoner on death row is $90,000 more per year, on average, then a prisoner in the general population. With the average length of time on death row at 15 years in the United States, housing a prisoner for execution may cost more than $1 million more than housing a prisoner for a life sentence.

2. It does not deter crime like it should. Data collected in the United States, as some states have capital punishment and others do not, shows that there is a clear discrepancy in the rates of violent crime. It should be in the states with the death penalty, but the opposite is the case. The states which have the most executions also have the highest murder rates. In recent years, Illinois, Connecticut, New Mexico, and New York all abolished the death penalty and experienced a decrease in their murder rate in the following years.

3. It does not provide a sense of justice for the families of a victim. Although capital punishment may be the “ultimate” form of justice, it does not provide the sense of satisfaction for the families of a victim that many people think it does. Research by Marilyn P. Armour and Mark S. Umbreit, published in 2012 by the Marquette Law Review, found that family members of a victim experience higher levels of behavioral, physical, and psychological health when a perpetrator is given a life sentence that is enforced instead of the death penalty.

4. It is not the only way to ensure someone is never released from prison. The number of people serving life sentences in the United States is surging. About 162,000 people are currently serving a life sentence, which is 1 out of every 9 people. Another 45,000 people in the U.S. are serving an effective life sentence of 50 years or more before being eligible for parole. Incarceration rates for life sentences in the U.S. have risen by nearly 5 times the levels they were in 1984, even though crime is at historic lows. It is clear that there are options other than the death penalty to keep people in prison.

5. It puts the lives of innocent people at-risk within the criminal justice system. Since the 1970s, over 160 people have been exonerated after being initially convicted of a capital crime. Although we may never know how many people have been wrongly executed, there are recent examples of potential innocence. Cameron Willingham was executed for killing his three children in a fire at his home, despite the fact that 8 different experts say the conviction was based on faulty science. The case of Carlos DeLuna even brought a rebuke by Justice John Paul Stevens against the use of the death penalty because of the risks involved of killing an innocent person.

6. It does not provide a deterrent against non-violent crime either. In 2008, Indonesia executed two convicted Nigerians of drug-related offenses. The goal of the “emergency executions” was to deter drug use within the country, along with drug-related crime. The actual outcome, however, was much different than anticipated. In 2007, Indonesia experienced 22,630 drug-related arrests. In the year of the executions, there were 29,364 drug-related arrests. In 2009, there were 30,878 drug-related arrests. The number of prisoners incarcerated for drug-related crimes increased after each execution series for offenses as well. There are even 1.7 million more people using drugs in Indonesia after the executions.

7. It does not address the issue of crime in society. There will always be criminals who commit heinous crimes for personal pleasure. Yet 20% of the U.S. prison population involves people who have been locked up because of a drug offense. People who are in prison are reported statistically under the most violent offense from their conviction. It groups people with felony murder convictions with those who do not even commit the crime, like participating in a robbery where someone dies, but they did not pull the trigger.

8. It creates the possibility of sentencing children to death row. George Stinney was wrongly convicted of murder in 1944 in his hometown of Alcolu. At the time of his execution, he was only 14 years old. He was convicted in less than 10 minutes, in a 1-day trial, by a jury that was all-white. Stinney had been accused of killing two white girls, ages 11 and 7, and supposedly confessed to the crime, though no record of the confession was every found. Stinney was denied appeal and electrocuted. Although the Supreme Court ruled in March 2005 that the death penalty for anyone under the age of 18 is cruel and unusual punishment, other countries are not bound by such a ruling.

9. It eliminates the possibility of rehabilitation. There are criminals who prefer to live outside of the rules that society sets. These individuals may never be rehabilitated. The death penalty completely eliminates that possibility from the equation. Instead of allowing individuals an opportunity to make amends in some way, it automatically assumes that nothing can be done about that person. It suggests that society discards people based on their willingness to follow the rules, especially in nations where non-violent offenses qualify for capital punishment.

The pros and cons of capital punishment are often based on information that is faulty, misleading, or an outright lie. Although some societies may see temporary benefits from its implementation, the use of death as a deterrent against crime says more about the people who want it than the people who commit crime in the first place. At the very least, its presence risks the execution of an innocent person. At worst, it may encourage more violent crime in a society because the government sanctions violence as part of its systemic structures.

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10 facts about the death penalty in the u.s..

Most U.S. adults support the death penalty for people convicted of murder, according to an April 2021 Pew Research Center survey . At the same time, majorities believe the death penalty is not applied in a racially neutral way, does not deter people from committing serious crimes and does not have enough safeguards to prevent an innocent person from being executed.

Use of the death penalty has gradually declined in the United States in recent decades. A growing number of states have abolished it, and death sentences and executions have become less common. But the story is not one of continuous decline across all levels of government. While state-level executions have decreased, the federal government put more prisoners to death under President Donald Trump than at any point since the U.S. Supreme Court reinstated capital punishment in 1976.

As debates over the death penalty continue in the U.S. , here’s a closer look at public opinion on the issue, as well as key facts about the nation’s use of capital punishment.

This Pew Research Center analysis examines public opinion about the death penalty in the United States and explores how the nation has used capital punishment in recent decades. 

The public opinion findings cited here are based primarily on a Pew Research Center survey of 5,109 U.S. adults, conducted from April 5 to 11, 2021. Everyone who took part in the survey is a member of the Center’s American Trends Panel (ATP), an online survey panel that is recruited through national, random sampling of residential addresses. This way nearly all U.S. adults have a chance of selection. The survey is weighted to be representative of the U.S. adult population by gender, race, ethnicity, partisan affiliation, education and other categories. Read more about the ATP’s methodology . Here are the  questions used  from this survey, along with responses, and its  methodology .

Findings about the administration of the death penalty – including the number of states with and without capital punishment, the annual number of death sentences and executions, the demographics of those on death row and the average amount of time spent on death row – come from the Death Penalty Information Center and the Bureau of Justice Statistics.

Six-in-ten U.S. adults strongly or somewhat favor the death penalty for convicted murderers, according to the April 2021 survey. A similar share (64%) say the death penalty is morally justified when someone commits a crime like murder.

A bar chart showing that the majority of Americans favor the death penalty, but nearly eight-in-ten see ‘some risk’ of executing the innocent

Support for capital punishment is strongly associated with the view that it is morally justified in certain cases. Nine-in-ten of those who favor the death penalty say it is morally justified when someone commits a crime like murder; only a quarter of those who oppose capital punishment see it as morally justified.

A majority of Americans have concerns about the fairness of the death penalty and whether it serves as a deterrent against serious crime. More than half of U.S. adults (56%) say Black people are more likely than White people to be sentenced to death for committing similar crimes. About six-in-ten (63%) say the death penalty does not deter people from committing serious crimes, and nearly eight-in-ten (78%) say there is some risk that an innocent person will be executed.

Opinions about the death penalty vary by party, education and race and ethnicity. Republicans and Republican-leaning independents are much more likely than Democrats and Democratic leaners to favor the death penalty for convicted murderers (77% vs. 46%). Those with less formal education are also more likely to support it: Around two-thirds of those with a high school diploma or less (68%) favor the death penalty, compared with 63% of those with some college education, 49% of those with a bachelor’s degree and 44% of those with a postgraduate degree. Majorities of White (63%), Asian (63%) and Hispanic adults (56%) support the death penalty, but Black adults are evenly divided, with 49% in favor and 49% opposed.

Views of the death penalty differ by religious affiliation . Around two-thirds of Protestants in the U.S. (66%) favor capital punishment, though support is much higher among White evangelical Protestants (75%) and White non-evangelical Protestants (73%) than it is among Black Protestants (50%). Around six-in-ten Catholics (58%) also support capital punishment, a figure that includes 61% of Hispanic Catholics and 56% of White Catholics.

Atheists oppose the death penalty about as strongly as Protestants favor it

Opposition to the death penalty also varies among the religiously unaffiliated. Around two-thirds of atheists (65%) oppose it, as do more than half of agnostics (57%). Among those who say their religion is “nothing in particular,” 63% support capital punishment.

Support for the death penalty is consistently higher in online polls than in phone polls. Survey respondents sometimes give different answers depending on how a poll is conducted. In a series of contemporaneous Pew Research Center surveys fielded online and on the phone between September 2019 and August 2020, Americans consistently expressed more support for the death penalty in a self-administered online format than in a survey administered on the phone by a live interviewer. This pattern was more pronounced among Democrats and Democratic-leaning independents than among Republicans and GOP leaners, according to an analysis of the survey results .

Phone polls have shown a long-term decline in public support for the death penalty. In phone surveys conducted by Pew Research Center between 1996 and 2020, the share of U.S. adults who favor the death penalty fell from 78% to 52%, while the share of Americans expressing opposition rose from 18% to 44%. Phone surveys conducted by Gallup found a similar decrease in support for capital punishment during this time span.

A majority of states have the death penalty, but far fewer use it regularly. As of July 2021, the death penalty is authorized by 27 states and the federal government – including the U.S. Department of Justice and the U.S. military – and prohibited in 23 states and the District of Columbia, according to the Death Penalty Information Center . But even in many of the jurisdictions that authorize the death penalty, executions are rare: 13 of these states, along with the U.S. military, haven’t carried out an execution in a decade or more. That includes three states – California , Oregon and Pennsylvania – where governors have imposed formal moratoriums on executions.

A map showing that most states have the death penalty, but significantly fewer use it regularly

A growing number of states have done away with the death penalty in recent years, either through legislation or a court ruling. Virginia, which has carried out more executions than any state except Texas since 1976, abolished capital punishment in 2021. It followed Colorado (2020), New Hampshire (2019), Washington (2018), Delaware (2016), Maryland (2013), Connecticut (2012), Illinois (2011), New Mexico (2009), New Jersey (2007) and New York (2004).

Death sentences have steadily decreased in recent decades. There were 2,570 people on death row in the U.S. at the end of 2019, down 29% from a peak of 3,601 at the end of 2000, according to the Bureau of Justice Statistics (BJS). New death sentences have also declined sharply: 31 people were sentenced to death in 2019, far below the more than 320 who received death sentences each year between 1994 and 1996. In recent years, prosecutors in some U.S. cities – including Orlando and Philadelphia – have vowed not to seek the death penalty, citing concerns over its application.

Nearly all (98%) of the people who were on death row at the end of 2019 were men. Both the mean and median age of the nation’s death row population was 51. Black prisoners accounted for 41% of death row inmates, far higher than their 13% share of the nation’s adult population that year. White prisoners accounted for 56%, compared with their 77% share of the adult population. (For both Black and White Americans, these figures include those who identify as Hispanic. Overall, about 15% of death row prisoners in 2019 identified as Hispanic, according to BJS.)

A line graph showing that death sentences, executions have trended downward in U.S. since late 1990s

Annual executions are far below their peak level. Nationally, 17 people were put to death in 2020, the fewest since 1991 and far below the modern peak of 98 in 1999, according to BJS and the Death Penalty Information Center. The COVID-19 outbreak disrupted legal proceedings in much of the country in 2020, causing some executions to be postponed .

Even as the overall number of executions in the U.S. fell to a 29-year low in 2020, the federal government ramped up its use of the death penalty. The Trump administration executed 10 prisoners in 2020 and another three in January 2021; prior to 2020, the federal government had carried out a total of three executions since 1976.

The Biden administration has taken a different approach from its predecessor. In July 2021, Attorney General Merrick Garland ordered a halt in federal executions while the Justice Department reviews its policies and procedures.

A line graph showing that prisoners executed in 2019 spent an average of 22 years on death row

The average time between sentencing and execution in the U.S. has increased sharply since the 1980s. In 1984, the average time between sentencing and execution was 74 months, or a little over six years, according to BJS . By 2019, that figure had more than tripled to 264 months, or 22 years. The average prisoner awaiting execution at the end of 2019, meanwhile, had spent nearly 19 years on death row.

A variety of factors explain the increase in time spent on death row, including lengthy legal appeals by those sentenced to death and challenges to the way states and the federal government carry out executions, including the drugs used in lethal injections. In California, more death row inmates have died from natural causes or suicide than from executions since 1978, according to the state’s Department of Corrections and Rehabilitation .

Note: This is an update to a post originally published May 28, 2015.

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About Pew Research Center Pew Research Center is a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping the world. It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts .

16 Advantages and Disadvantages of the Death Penalty and Capital Punishment

Human civilizations have used the death penalty in their set of laws for over 4,000 years. There have been times when only a few crimes receive this consequence, while some societies, such as the seventh century B.C.’s Code of Athens required the punishment for all crimes to be death.

The death penalty in the United States came about because of the influences of the colonial era. The first recorded execution in the colonies occurred in 1608 in Jamestown. Captain George Kendall was executed for being a spy for Spain. It only took four more years for Virginia to institute the death penalty for minor offenses such as stealing grapes or trading with Native Americans.

Today, capital punishment is reserved for brutal and heinous crimes, such as first-degree murder. Some countries use the death penalty for repetitive violent crime, such as rape and sexual assault, or for specific drug offenses. Here are the pros and cons of the death penalty to review as we head into 2021 and beyond.

List of the Pros of the Death Penalty

1. It is a way to provide justice for victims while keeping the general population safe. There is an expectation in society that you should be able to live your life without the threat of harm. When there is someone who decides to go against this expectation by committing a violent crime, then there must be steps taken to provide everyone else the safety that they deserve. Although arguments can be made for rehabilitation, there are people who would continue their violent tendencies no matter what. The only way to keep people safe in those circumstances, and still provide a sense of justice for the victims, is the use of the death penalty.

2. It provides a deterrent against serious crimes. The reason why there are consequences in place for criminal violations is that we want to have a deterrent effect on specific behaviors. People who are considering a breach of the law must see that the consequences of their actions are worse if they go through without that action compared to following the law.

Although up to 88% of criminologists in the United States report that capital punishment is not an effective deterrent to homicide, the fact that it can prevent some violence does make it a useful tool to have in society.

3. It offers a respectful outcome. A critical component of justice in modern society involves punishing criminal behavior in a way that is not cruel or unusual. That societal expectation has led the United States to implement capital punishment by using lethal injections. Although some regions struggle to purchase the necessary drugs to administer lethal injections, the process of putting someone to sleep before they stop breathing eliminates the pain and negative outcomes associated with other execution methods.

Modern processes in modern societies are much more compassionate compared to the historical methods of hanging, firing squads, or other gruesome methods of taking a life under the law.

4. It maintains prison populations at manageable levels. Over 2 million people are currently part of the prison population in the United States. About one in five people currently in jails across the country are awaiting trial for charges that they face. That is about the same amount of people who are labeled as being violent offenders. By separating those who are convicted of a capital crime, we create more room for individuals who want to work through rehabilitation programs or otherwise improve their lives and live law-abiding futures. This structure makes it possible to limit the financial and spatial impacts which occur when all serious crimes require long-term prisoner care.

5. It offers society an appropriate consequence for violent behavior. There are criminals who have a desire to rehabilitate their lives and create new futures for themselves within the bounds of the law. There are also criminals who desire to continue their criminal behaviors. By keeping capital punishment as an option within society, we create an appropriate consequence that fits the actions taken by the criminal. The death penalty ensures that the individual involved will no longer be able to create havoc for the general population because they are no longer around. That process creates peace for the victims, their families, and society in general.

6. It eliminates sympathetic reactions to someone charged with a capital crime. The United States offers a confrontational system of justice because that is an effective way to address the facts of the case. We make decisions based on logic instead of emotion. The law must be able to address the actions of a criminal in a way that discourages other people from conducting themselves in a similar manner. Our goal should be to address the needs of each victim and their family more than it should be to address the physical needs of the person charged with a capital crime.

7. It stops the threat of an escape that alternative sentences would create. The fastest way to stop a murderer from continuing to kill people is to eliminate their ability to do so. That is what capital punishment does. The death penalty makes it impossible for someone convicted of murder to find ways that kill other people. Failing to execute someone who is taking a life unjustly, who is able to kill someone else, makes us all responsible for that action. Although there are issues from a moral standpoint about taking any life, we must remember that the convicted criminal made the decision to violate the law in the first place, knowing full well what their potential outcome would be.

List of the Cons of the Death Penalty

1. It requires one person to kill another person. In an op-ed published by the New York Times, S. Frank Thompson discussed his experience in executing inmates while serving as the superintendent of the Oregon State Penitentiary. He talked about how the death penalty laws forced him to be personally involved in these executions. He came to a point where, on a moral level, he decided that life either had to be honored or not. His job required him to kill someone else. Whether someone takes a life through criminal means, or they do so through legal means, there still is an impact on that person which is unpredictable.

2. It comes with unclear constitutionality in the United States. In the 1970s, the Supreme Court of the United States found the application of the death penalty unconstitutional, but four years later, allowed the death penalty to resume with certain limitations on when and how it must be carried out. Some justices have called for a review of the death penalty due to current information about the risk of sentencing innocent people to death and other concerns about the death penalty.

After four decades of surveys, studies, and experiences with the death penalty, there are three specific defects that critics state exist. There is unreliability in the systems that are used to put prisoners to death, there are delays that can last for 20 years or more before executing a prisoner, and the application of capital punishment has been called arbitrary.

3. It does not have a positive impact on homicide rates. The United States implemented the death penalty 22 times in 2019, and imposed 34 death sentences. Crime statistics for that year indicate that there were 16,425 reported murders and non-negligent manslaughter cases in the U.S. Some claim that criminals do not think they’ll be caught and convicted, so the death penalty has a limited deterrence effect. Statistics on crimes show that when the death penalty is abolished, and replaced with a guaranteed life in prison, there are fewer violent acts committed.

4. It creates a revenge factor, which may not best serve justice. No one can blame families of victims for wanting justice. There is enough reason because of their pain and loss to understand concepts like vengeance. The problem with the death penalty is that it implements only one form of justice. It can be seen to create the framework for allowing for an eye for an eye, rather than taking a morally higher ground. If we permit the killing of people as a consequence of their own murderous decisions, then do we devalue life itself? It cannot be assumed that something that is legal is necessarily morally correct.

5. It costs more to implement the death penalty. The average case brought to trial which involves the death penalty costs taxpayers $1.26 million (counted through to execution). Cases that are taken to a jury which do not involve capital punishment cost an average of $740,000 (counted through to the end of incarceration). When you compare the costs of maintaining a prisoner in the general population compared to keeping someone on death row, taxpayers save money by avoiding the death penalty.

Maintaining a prisoner on death row costs $90,000 more per year than keeping that person in the general population. When one considers the cost of keeping someone on death row for 20 years or more, it is cheaper to sentence someone to life in prison without the possibility of parole in most states that it is to put them to death.

6. It comes with a risk that an innocent person could be executed. Although we like to think that our criminal justice systems are perfect, it is not. A study by Proceedings of the National Academy of Sciences determined that at least 4% of the people that are on death row are likely to be innocent. Since 1973, over 170 people have been taken off of death row because evidence showed that they were innocent of the crime for which they were convicted.

The justice system has flaws in our justice system. There have been cases where prosecutors knowingly withheld exculpatory information. There have been times when the justice system has introduced false evidence against defendants. People can be coerced into entering a guilty plea, or admitting their guilt, because of external pressures placed on them.

7. It does not always provide the sense of justice that families require. Research published in 2012 by the Marquette Law Review found that the victim’s family experienced higher levels of psychological, physical, and behavioral health when the convicted criminal was sentenced to life in prison, instead of the death penalty. The death penalty might be considered to be the ultimate form of justice, but it does not always provide the satisfaction people think it will once it is administered.

8. It does not seek alternative solutions. About one in every nine people in the U.S. is the population is currently serving a life sentence. Many more are serving a sentence that keeps them in prison for the rest of their lives because it will last for 15 years or more. Violent crime has declined dramatically since it peaked in the early 1990s. According to FBI data, the violent crime rate fell 51% between 1993 and 2018, and using the Bureau of Justice Statistics, it fell 71% during that same period. In 2016, 2,330 prisoners escaped from prison in the U.S.

There are numerous ways to prevent someone from breaking out of prison and hurting someone else, and the decreased number of violent crimes should mean a smaller prison population to work with to seek alternative solutions.

9. It automatically assumes that the criminal cannot be rehabilitated. There will always be people who decide they will live with a disregard for others. These people may never successfully complete a rehabilitation process after committing a crime. Sentencing someone to death makes the assumption that the person cannot be rehabilitated and suggests that there is no other way to help society except to get rid of that criminal.

These death penalty pros and cons are not intended to serve as a moral framework but are an attempt at a balanced look at reasons why capital punishment is a useful tool within societies, as well as reasons to the contrary. There are also specific outcomes that occur when the death penalty is not a potential sentence, which can be beneficial. That is why these critical points must continue to be discussed so that we all can come to the best possible decision to keep one another safe.

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Overview of The Pros and Cons of Capital Punishment

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capital punishment cons essay

Capital Punishment Essay for Students and Children

500+ words essay on capital punishment.

Every one of us is familiar with the term punishment. But Capital Punishment is something very few people understand. Capital punishment is a legal death penalty ordered by the court against the violation of criminal laws. In addition, the method of punishment varies from country to country. Where some countries hung the culprits until death and some shoot or give them a lethal injection.

capital punishment essay

Types of Capital Punishments

In this topic, we are going to discuss the various methods of punishment that are used in different countries. But, before that let’s talk about the capital punishments that people used in the past. Earlier, the capital punishments are more like torture rather than a death penalty. They used to strain and punish the body of the culprit to the extreme that he/she dies because of the pain and fear of torture.

Besides, modern methods are quicker and less painful than traditional methods.

  • Electrocution – In this method, the criminal is tied to a chair and a high voltage current that can kill a man easily is passed through the body. In addition, it causes organ failure (especially heart).
  • Tranquilization – This method gives the person a slow but painless death as the toxin injections are injected into his body that takes up to several hours for the criminal to die.
  • Beheading – Generally, the Arab and Gulf countries use this method. Where they decide the death sentence by the crime of the person. Furthermore, in this method, they simply cut the person’s head apart from the body.
  • Stoning – In this the criminal is beaten till death. Also, it is the most painful method of execution.
  • Shooting – The criminal is either shoot in the head or in his/her chest in this method.
  • Hanging – This method simply involves the hanging of culprit till death.

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Advantages and Disadvantages of Capital Punishments

Although many people think that it’s a violation of human rights and the Human Rights Commission strongly opposes capital punishment still many countries continue this practice.

The advantages of capital punishment are that they give people an idea of what the law is capable of doing and the criminal can never escape from the punishment no matter who he/she is.

In addition, anyone who is thinking about committing a crime will think twice before committing a crime. Furthermore, a criminal that is in prison for his crime cannot harm anyone of the outside world.

The disadvantages are that we do not give the person a second chance to change. Besides, many times the real criminal escape the trial and the innocent soul of the prosecution claimed to guilty by false claims. Also, many punishments are painful and make a mess of the body of the criminal.

To conclude, we can say that capital punishment is the harsh reality of our world. Also, on one hand, it decreases the crime rate and on the other violates many human rights.

Besides, all these types of punishment are not justifiable and the court and administrative bodies should try to find an alternative for it.

FAQs about Capital Punishment

Q.1 What is the difference between the death penalty and capital punishment?

A.1 For many people the term death penalty and capital punishment is the same thing but there is a minute difference between them. The implementation of the death penalty is not death but capital punishment itself means execution.

Q.2 Does capital punishment decrease the rate of crime?

A.2 There is no solid proof related to this but scientists think that reduces the chances of major crimes to a certain level.

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Essay on Capital Punishment [ Methods, Pros & Cons ]

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The capital punishment is the manner of execution. Capital Punishment has been a part of several cultures in history. The term “capital” comes from Latin word caput, which means “head”. It has its root origins in the European tribal practices that involved beheading to punish prisoners. In today’s contexts, it is also called as death penalty. Capital punishment is the most severe punishment, as it is a form of death penalty inflicted on those convicted for crimes punishable by law.

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Essay on Capital Punishment | Pros, Cons, Importance

The death penalty, also known as capital punishment, is a legal process whereby a person is put to death by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known as an execution.

Crimes that can result in a death penalty are known as capital crimes or capital offences, and they commonly include offences such as murder, treason, espionage, war crimes, crimes against humanity and genocide.

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Capital punishment has many forms in various countries. In some countries such as Japan, China, Singapore and the U.S., a majority of the people remain supportive of execution, whereas in most European countries a majority are opposed to it – with 94 percent of all respondents opposing its introduction in Latvia.

Methods of Capital Punishment

There are five methods of execution: Lethal injection, electrocution, hanging, firing squad and gas chamber. All of these methods were designed to be as humane as possible, so that it would not turn into a torture session.

In Lethal Injection the condemned person is strapped to a gurney and lethal drugs are administered intravenously. In Electrocution, the condemned person is strapped into a chair and an electric current is sent through their body killing them instantaneously. It was considered humane by its proponents because it would cause immediate cessation of brain function, but it did not always work to plan, leaving many prisoners to die a slow and painful death.

Hanging is also a common method for execution. It does not require any fancy medical training and the equipment can usually be found in most prisons. The condemned person is secured by placing them standing, or more frequently, on a stool inside a specially built scaffold with trapdoor beneath the scaffold.

In Firing Squad, a group of trained marksmen stand in formation and are tasked with simultaneously shooting the condemned prisoner with precisely aimed shots. In Gas Chamber, a poison gas is introduced into an airtight chamber where the condemn is forced to inhale it.

Importance of Capital Punishment

The general theory behind capital punishment is that when people commit horrible crimes, they deserve to die. There are many arguments in favor of the death penalty which can be put up with various degrees of validity. According to Gallup poll conducted in May 2011, 64% of Americans are in favor of this method for punishing murder.

It is a deterrent to crime: This is the strongest argument in favor of capital punishment. According to this theory, people try to weigh risks and benefits before committing a crime and if they know that there is a good chance that they will get caught and sentenced to death, they are less likely to commit such crimes.·

Capital Punishment can stop criminals from repeating their crimes: This is probably the weakest argument in favor of the death penalty. There might be some cases where this is true, especially by mentally ill people who cannot control their behavior, but for most criminals it does not matter if they are sentenced to life in prison or executed. Capital Punishment can be a useful tool for society: It satisfies the sense of moral outrage people feel after particularly heinous crimes have been committed.

Arguments Against Capital Punishment:

The strongest argument against capital punishment is that it violates the Constitutional protection of humans, afforded to all citizens in the 8th Amendment. It means that death penalty can be used only for very serious crimes and cannot be handed out as a punishment by sheer majority vote.

  • In some cases innocent people might be put to death: The death penalty is irreversible and the risk of executing an innocent person simply cannot be dismissed. Hundreds of such cases have been documented since 1972.
  • Capital Punishment is expensive: It costs much more than life imprisonment. This puts a great burden on taxpayers who pay for it and consequently it can be a motive for a state to be unable to provide humane living conditions to prisoners.
  • Capital Punishment is applied in an unfair way: Since it can only be used as an ultimate punishment for the most serious crimes, those who have been found guilty of such crimes tend to come from underprivileged groups as well as African Americans and Latinos. In some states like Texas minorities make up more than half of all executions. In 2010, 47% of death row inmates were black, even though they only make up about 12% of the population. This clearly shows that capital punishment is discriminatory in its nature

Capital Punishment seems like a barbaric way of dealing with criminal behavior and violates the core values of our justice system. It is also applied in an unfair manner, especially to underprivileged members of society. The main argument for capital punishment is that it deters crime but there is no evidence that this actually works.

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Opinions are divided on this subject and it is not an easy issue to deal with. Some people think that the world would be a better place without murderers, rapists and other criminals but at the same time they do not want to resort to methods similar to those used in terrorist regimes.

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Essay About Capital Punishment: Pros and Cons

capital punishment cons essay

Capital punishment had been causing and still causes now fierce debate . Reasons " pro " and " con " the capital punishment may be discovered in religious books. Various political and public figures once in a while speak out of both cancellation and application of capital punishment. Essays on capital punishment usually contain the following points:

Reasons of contradictors of capital punishment

1. Judicial errors

Nobody has yet managed to produce a juridical service that operates with no errors. And this, in case capital punishment is administered, implies that unguilty individuals will unavoidably be put to death. Our writing service can offer you a custom paper on this topic.

2. The non-existence of disciplining force on prospective offenders

The assertion of the disciplining force of the prospect of being sentenced to putting to death on an offender is grounded on the idea of an offender based on reason. But just 5-10% of homicides are intentional, and when they are arranged beforehand, they are committed by individuals mentally disabled and under the impact of various external reasons that are not related to considerations of revenge. The other 85-90% of homicides are carried out in state of emotion or pseudoaffect, i.e. the offender is conscious of the results after the criminal act is carried out, thus what is known as the disciplining force is not applied. On top, scientists confirmed that the prospect of a sentence in the shape of capital punishment is not a sense-making reason for an offender and therefore it can not prevent carrying out the criminal act, least of all a maniac, terrorist, etc.

In each essay on capital punishment it is claimed that an individual may consciously carry out a criminal act for what capital punishment is due, in the situation if he/she had lost the desire to continue living and is ready to commit suicide, but is afraid to carry it out him/herself. To be exact, an individual is as though "looking for his/her decease." Followers of this version claim that actually in this situation euthanasia occurs in the narrow meaning of the notion, even in states in which it is prohibited. Contradictors of penalty of death consider that in case capital punishment is canceled, the amount of grave offenses should fall, as a minimum for an amount of latent suicides. Our professional team of authors can write a unique essay about it.

In Great Britain capital punishment was eliminated as a trial from1965 to 1970. At the end of this term, Parliament looked through the data and inferred that the amount of homicides has not increased. After that, capital punishment for homicide was eliminated entirely. Scientific studies have failed to find persuasive proof that capital punishment is a more effectual means of diminishing criminality than the rest of penalties.

3. Capital punishment does not provide the decline of criminality

The death sentence of the criminal creates the false impression that the public "cleared itself" and that the living of the citizens is under the protection. The death sentence is not beneficial to the struggle against the societal grounds of the gravest offenses. Quite the opposite, the air of brutality and cruel callousness among people that is legitimated by the community applying capital punishment, simply designs new preconditions and circumstances for yet more awful and vicious felony. You can find essay writing service cheap online with us and get a good essay.

4. The expenses of capital punishment are less than for life term

It is assumed that the criminal must be executed, as the public, in the situation of life term, will be required to spend money on their allowance. Financial basis must not affect the decision on somebody's life and death. Otherwise, why not take life of the unemployed and the disabled, the allowance of which costs society dearly. Ethical matters must not be decided on the ground of commercial, financial or material reflections. Using our high-quality writing service you will know more about it.

5. Capital punishment does not involve the societal aspects that give rise to criminality

The major aspects that provoke criminality are misery, rusticity, discrimination, psychiatric disorders of a specific criminal. Capital punishment can not influence such factors in any way.

Such issues as moral or scientific can not be decided in a referendum. The question of capital punishment is too complicated and acute, so that it could be resolved without a serious factual basis. In this regard, the discussion of this issue should be completely exempt from emotion and left to experts. Students often ask us ‘ do my paper within 24 hours online’ and get an essay well-written.

6. Capital punishment has been applied for hundreds of years, but it has not reduced criminality

Since very old period as capital punishment essays state, lots of states and nations have applied capital punishment, frequently with appalling periodicity and regularity, expecting to intimidate prospective offenders and avoid criminality. But, as the past illustrates, these expectations were for nothing. Violence, becoming the rule in the society, just gave rise to yet more horrible and hideous manifestations of callousness, rage and lust for blood amid people. You can ask ‘ grade my paper quickly ’ and find our professional service.

7. The death sentence unhumanizes the community

All the main religious doctrines on the planet concentrate on such ethical traits as humanity, sympathy, concern and kind-heartedness. Such moral qualities most obviously differentiate humans from beasts, even the most advanced. Capital punishment as a concept contradicts such ethical norms and has an unhumanizing impact on persons. Unproductivity of the death sentence is not restricted to its unhumanizing effects on the public. It as well turns away the notice of authorities (and citizens) from those measures that are necessary to reach actual outcome in the battle against criminality. Here is an essay about a mental illness that can cause a crime: https://smartwriters.org/blog/bipolar-disorder-essay-is-it-really-dangerous

8. Capital punishment is a sign of the politic and civilizing underdevelopment of people

The great amounts of states on the planet that apply capital punishment are oppressive, dictatorial or economically underdeveloped areas that are accompanied by venal practices, high criminality and other depressing features. Those were the most advanced and free states that were the first to reject capital punishment as the most barbarous and morally wrong penalty. There is a tight and firm connection between high civilizational rank and the non-existence of especially inhuman and brutal penalties like capital punishment, torments and so on.

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The reasons of capital punishment supporters

1. Economic injustice of life term

In lots of areas life term is introduced as the sanction of last resort and alternative to the death sentence. The criminal is held in jail for 10, 20 or more years at the expense of respectable taxpayers. The tragedy of this situation is in the fact that relatives or friends of injured persons of the criminal are invariably among those taxpayers. Thus, instead of legal retribution, they have to pay their own money for the allowance of their loved one’s killer. If you ask ‘ do my research paper for me quiclky’ , we are here to help you.

2. Capital punishment as an ethical argument

Proponents of this view cite the next reasons in its support: people convicted to life term do not do any work and are alimented for life at the expense of taxes paid by other members of society, including relatives of persons killed by criminals. And no matter how small the sum, extracted for their allowance, is, no matter how insignificant it may become with regard to each inhabitant of the state, a moral problem is on hand. You can read more about death penalty here: https://smartwriters.org/blog/death-penalty-argumentative-essay

3. The right to revenge

Both contradictors and proponents of capital punishment in the debate of its expediency consider only an individual convicted and rather rarely mention the rights of victims. Proponents of capital punishment are considering it in the initial place as the fulfillment of the right to revenge. You can ask ‘ proof read my essay within 24 hours’ and have your work perfectly done.

4. Capital punishment as a form of social protection

It was the main explanation for capital punishment for the period of ruling of Joseph Stalin in the Soviet Union. Capital punishment was legally considered primarily as a way of defense of people from anti-social elements. (The uppermost kind of social protection)

Thus, in our capital punishment essay we can state that the death penalty as capital punishment continues to cause bitter quarrel: its opponents put in evidence of the risk of judicial error, infringement of a human right to life and other reasons, and proponents say that grounded on the right of revenge, the penalty is acceptable for slaughterers, and capital punishment confirms the right to life by punishing those who most crudely violate this right.

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  1. Capital punishment

    Capital punishment - Arguments, Pros/Cons: Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral, utilitarian, and practical. Supporters of the death penalty believe that those who commit murder, because they have taken the life ...

  2. Top 10 Pro & Con Arguments

    Top 10 Pro & Con Arguments. 1. Legality. The United States is one of 55 countries globally with a legal death penalty, according to Amnesty International. As of Mar. 24, 2021, within the US, 27 states had a legal death penalty (though 3 of those states had a moratorium on the punishment's use).

  3. Should the Death Penalty Be Abolished?

    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:

  4. Pros and Cons of the Death Penalty and Capital Punishment

    Quotations from Both Sides. Arguing against capital punishment, Amnesty International believes: "The death penalty is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to life...It is the ultimate cruel, inhuman and degrading punishment.

  5. Arguments for and Against the Death Penalty

    The death penalty is applied unfairly and should not be used. Agree. Disagree. Testimony in Opposition to the Death Penalty: Arbitrariness. Testimony in Favor of the Death Penalty: Arbitrariness. The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information about capital ...

  6. Capital Punishment: Pros and Cons of the Death Penalty

    The death penalty, also known as capital punishment, is the lawful imposition of death as punishment for a crime. In 2004 four (China, Iran, Vietnam, and the US) accounted for 97% of all global executions. On average, every 9-10 days a government in the United States executes a prisoner. It is the Eighth Amendment, the constitutional clause ...

  7. The Problem with Capital Punishment: A Critical Assessment of the

    *Professor Vincent R. Jones is a veteran trial lawyer with extensive experience in the area of criminal defense. He is the co-author of The Death Penalty in Focus: A Special Topics Anthology, and is currently an Associate Professor of criminal justice at Governors State University, where he teaches The History of the Death Penalty in America, Constitutional Issues in Criminal Justice, Wrongful ...

  8. Capital Punishment

    Capital punishment, or "the death penalty," is an institutionalized practice designed to result in deliberately executing persons in response to actual or supposed misconduct and following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant execution.

  9. Arguments against capital punishment

    The most common and most cogent argument against capital punishment is that sooner or later, innocent people will get killed, because of mistakes or flaws in the justice system. Witnesses, (where ...

  10. 15 Biggest Capital Punishment Pros and Cons

    List of the Cons of Capital Punishment. 1. It costs more to implement the death penalty than offer life in prison. According to the Death Penalty Information Center, the average cost of a case without capital punishment involved is $740,000. For cases where the death penalty is sought be prosecutors, the average cost off the case is $1.26 million.

  11. PDF The Death Penalty is a Human Rights Violation

    personal convictions about capital punishment and also because in practice, Oregon has an expensive and unworkable system that fails to meet basic standards of justice." On September 28, 2011, charges were brought in the first death penalty case that will be tried at the US military commissions at Guantánamo Bay, Cuba.

  12. 10 facts about the death penalty in the U.S.

    In phone surveys conducted by Pew Research Center between 1996 and 2020, the share of U.S. adults who favor the death penalty fell from 78% to 52%, while the share of Americans expressing opposition rose from 18% to 44%. Phone surveys conducted by Gallup found a similar decrease in support for capital punishment during this time span.

  13. 16 Advantages and Disadvantages of the Death Penalty and Capital Punishment

    Here are the pros and cons of the death penalty to review as we head into 2021 and beyond. List of the Pros of the Death Penalty. 1. It is a way to provide justice for victims while keeping the general population safe. ... By keeping capital punishment as an option within society, we create an appropriate consequence that fits the actions taken ...

  14. Pros And Cons Of The Death Penalty Philosophy Essay

    This creates more violent acts in society and more problems with how to punish these individuals. Having the death penalty for violent crimes often prevents this. To summarize, the main point of the argument for the death penalty is that crime will go down because of the fear of punishment. This is the belief of those that advocate the death ...

  15. Overview of The Pros and Cons of Capital Punishment

    It is true that the death penalty is becoming increasingly more popular and widely used in the United States. Ever since the death penalty was ruled constitutional again in 1976, the rate of executions per year has risen tremendously fast, especially in the last few years.

  16. The Ethics of Capital Punishment and a Law of Affective Enchantment

    This paper re-reads American Appellate and Supreme Court rulings about the constitutionality of execution by electrocution from the perspective of new materialism. Using the case of Provenzano v. Moore, this paper highlights how the existing jurisprudence develops a notion of cruelty that deliberately avoids the sensual and affective dimensions ...

  17. Capital Punishment Essay for Students and Children

    500+ Words Essay on Capital Punishment. Every one of us is familiar with the term punishment. But Capital Punishment is something very few people understand. Capital punishment is a legal death penalty ordered by the court against the violation of criminal laws. In addition, the method of punishment varies from country to country.

  18. Essay on The Pros and Cons of Capital Punishment

    Essay on The Pros and Cons of Capital Punishment. 1208 Words 5 Pages. The topic of capital punishment is one that is highly debated in our society today. Capital punishment is the ultimate punishment our society can give one for their actions. On the other hand, it is viewed as a denial of human rights that promotes more violence in our society.

  19. Essay on Capital Punishment [ Methods, Pros & Cons ]

    Essay on Capital Punishment | Pros, Cons, Importance. The death penalty, also known as capital punishment, is a legal process whereby a person is put to death by the state as a punishment for a crime. The sentence that someone be punished in such a manner is referred to as a death sentence, whereas the act of carrying out the sentence is known ...

  20. Pros and Cons of Capital Punishment Essay

    Capital Punishment Pros And Cons Essay. Capital punishment has been in debate since we first started executing criminals for the crimes they committed. This form of punishment has been carried out since the beginning of time from the French Revolution to the serial killer Ted Bundy in the 1970's through the 1980 's (Bio.com, para. 5-10).

  21. Essay About Capital Punishment: Pros and Cons

    The reasons of capital punishment supporters. 1. Economic injustice of life term. In lots of areas life term is introduced as the sanction of last resort and alternative to the death sentence. The criminal is held in jail for 10, 20 or more years at the expense of respectable taxpayers.

  22. Capital Punishment Pros And Cons Essays

    Essay on The Pros and Cons of Capital Punishment. The topic of capital punishment is one that is highly debated in our society today. Capital punishment is the ultimate punishment our society can give one for their actions. On the other hand, it is viewed as a denial of human rights that promotes more violence in our society.