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.

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Is capital punishment a fair and appropriate measure for atrocious crimes or should it be banned?

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Capital punishment is still enforced in many countries, such as the USA and China. We discuss the pros and cons of death penalty and whether it should be abolished. If you care about this issue, leave your comments and share the debate.

Harsh punishments

Capital punishment is at the centre of one of the most significant moral debates in modern societies. Theorists and proponents of, both, utilitarian and retributive justice have historically discussed whether it is morally acceptable for the state to execute people, and if so under what circumstances. Although the death penalty has been abolished, either by law or practice, by more than 140 countries , it is still used in a big part of the world. According to Amnesty international , the number of countries implementing executions each year over the last couple of years is 22.

China has been consistently the country with the most executions and the USA is among the five top executioners. Murder and drug-trafficking are the most common crimes punishable by death , although in some countries adultery, witchcraft, or political activism can also incur capital punishment. Lethal injections, hanging, shooting, and electrocutions are some of the most common methods used for the death penalty.

Death penalty pros and cons

  • One of the most common justifications for the death penalty in the Western world is that it acts as a deterrent of capital crimes , as the fear of death and the horror of the execution might prevent people from committing serious crimes.
  • It is also considered to be the appropriate retribution and deserved punishment for really horrific crimes. Criminals who commit capital crimes have reached a point where rehabilitation is impossible and for some life in prison might increase criminal behaviour. The death penalty, therefore, prevents crimes for recurring and protects society.
  • Further moral arguments suggest that capital punishment provides closure for the families of the victims and that punishment should fit the crime in order for justice to be served.
  • Finally, there are practical arguments put forward. The death penalty helps ease overpopulation in prisons and it ensures that less tax payers' money is spent for the maintenance of individuals that have acted against society in the most violent way.
  • It can also be used as an important negotiating tool for the police and the justice system, as where the possible sentence is death, the prisoner has the strongest possible incentive to try to get their sentence reduced, and therefore are likely to help with investigations.

These arguments are rebuked by opponents of capital punishment.

  • Executions, they argue, are  cruel and immoral . Human life is valuable and everybody has a right to live. No one has the right to take away a human life, not even organised states.
  • Human rights activists argue that death penalty is a form of revenge against offenders and revenge is not necessarily about social justice .
  • Another important argument supported by abolitionists is that the death penalty discriminates against minorities and the poor, as it is people from these groups that are more likely to be sentenced to death. For example, although African Americans make up only about 13% of the US population, almost 50% of convicts on the death row are African American .
  • There is also always the possibility of a wrongful verdict that might irrevocably sent innocent people to the death row.
  • Finally, opponents of capital punishment argue that empirical reality disproves some of the arguments of defenders of the death penalty. There is no proof that the death penalty or long prison sentences have a strong deterrent effect . Crime rates are no lower in countries with death penalty.
  • Furthermore, the costs of carrying out a death sentence can be much more expensive than keeping a criminal in jail, due to legal costs, number of appeals but also security and incarceration costs.

It is for these reasons that opponents of the sentence ask for the death penalty to be abolished.

Where do you stand in this debate? After looking at death penalty's pros and cons, do you consider that capital punishment is a fair and appropriate measure for atrocious crimes or is it inhumane and should be banned?    

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Death Penalty - Essay Samples And Topic Ideas For Free

The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application of the death penalty, the potential for judicial error, and the disparities in its application across different demographic groups. Discussions might also explore the psychological impact on inmates, the families involved, and the society at large. They could also analyze the global trends toward abolition or retention of the death penalty and the factors influencing these trends. A substantial compilation of free essay instances related to Death Penalty you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

do you agree with capital punishment essay

Death Penalty and Justice

By now, many of us are familiar with the statement, "an eye for an eye," which came from the bible, so it should be followed as holy writ. Then there was Gandhi, who inspired thousands and said, "an eye for an eye will leave us all blind." This begs the question, which option do we pick to be a good moral agent, in the terms of justice that is. Some states in America practice the death penalty, where some states […]

The Controversy of Death Penalty

The death penalty is a very controversial topic in many states. Although the idea of the death penalty does sound terrifying, would you really want a murderer to be given food and shelter for free? Would you want a murderer to get out of jail and still end up killing another innocent person? Imagine if that murder gets out of jail and kills someone in your family; Wouldn’t you want that murderer to be killed as well? Murderers can kill […]

Stephen Nathanson’s “An Eye for an Eye”

According to Stephen Nathanson's "An Eye for an Eye?", he believes that capital punishment should be immediately abolished and that the principle of punishment, "lex talionis" which correlates to the classic saying "an eye for an eye" is not a valid reason for issuing the death penalty in any country, thus, abolishment of Capital Punishment should follow. Throughout the excerpt from his book, Nathanson argues against this principle believing that one, it forces us to "commit highly immoral actions”raping a […]

We will write an essay sample crafted to your needs.

Does the Death Penalty Effectively Deter Crime?

The death penalty in America has been effective since 1608. Throughout the years following the first execution, criminal behaviors have begun to deteriorate. Capital punishment was first formed to deter crime and treason. As a result, it increased the rate of crime, according to researchers. Punishing criminals by death does not effectively deter crime because criminals are not concerned with consequences, apprehension, and judges are not willing to pay the expenses. During the stage of mens rea, thoughts of committing […]

The Death Penalty: Right or Wrong?

The death penalty has been a controversial topic throughout the years and now more than ever, as we argue; Right or Wrong? Moral or Immoral? Constitutional or Unconstitutional? The death penalty also known as capital punishment is a legal process where the state justice sentences an individual to be executed as punishment for a crime committed. The death penalty sentence strongly depends on the severity of the crime, in the US there are 41 crimes that can lead to being […]

About Carlton Franklin

In most other situations, the long-unsolved Westfield Murder would have been a death penalty case. A 57-year-old legal secretary, Lena Triano, was found tied up, raped, beaten, and stabbed in her New Jersey home. A DNA sample from her undergarments connected Carlton Franklin to the scene of the crime. However, fortunately enough for Franklin, he was not convicted until almost four decades after the murder and, in an unusual turn of events, was tried in juvenile court. Franklin was fifteen […]

About the Death Penalty

The death penalty has been a method used as far back as the Eighteenth century B.C. The use of the death penalty was for punishing people for committing relentless crimes. The severity of the punishment were much more inferior in comparison to modern day. These inferior punishments included boiling live bodies, burning at the stake, hanging, and extensive use of the guillotine to decapitate criminals. In the ancient days no laws were established to dictate and regulate the type of […]

The Death Penalty should not be Legal

Imagine you hit your sibling and your mom hits you back to teach that you shouldn't be hitting anyone. Do you really learn not to be violent from that or instead do you learn how it is okay for moms or dads to hit their children in order to teach them something? This is exactly how the death penalty works. The death penalty has been a form of punishment for decades. There are several methods of execution and those are […]

Effectively Solving Society’s Criminality

Has one ever wondered if the person standing or sitting next to them has the potential to be a murderer or a rapist? What do those who are victimized personally or have suffered from a tragic event involving a loved-one or someone near and dear to their heart, expect from the government? Convicted felons of this nature and degree of unlawfulness should be sentenced to death. Psychotic killers and rapists need the ultimate consequences such as the death penalty for […]

Religious Values and Death Penalty

Religious and moral values tell us that killing is wrong. Thou shall not kill. To me, the death penalty is inhumane. Killing people makes us like the murderers that most of us despise. No imperfect system should have the right to decide who lives and who dies. The government is made up of imperfect humans, who make mistakes. The only person that should be able to take life, is god. "An eye for an eye leaves the whole world blind". […]

Abolishment of the Death Penalty

Abstract: The purpose of this paper is to relate many different criminological theories in regard to capital punishment. We relate many criminological theories such as; cognitive theory, deviant place theory, latent trait theory, differential association theory, behavioral theory, attachment theory, lifestyle theory, and biosocial theory. This paper empirically analyzes the idea that capital punishment is inhumane and should be abolished. We analyze this by taking into consideration false convictions, deterrence of crime, attitudes towards capital punishment, mental illness and juvenile […]

Punishment and the Nature of the Crime

When an individual commits a crime then he/she is given punishment depending on the nature of the crime committed. The US's way of giving punishment to an offender has been criticized for many years. There are 2 types of cases; civil and criminal cases. In civil cases, most of the verdict comprises of jail time or fine amount to be paid. These are not as severe except the one related to money laundering and forgery. On the other hand, criminal […]

The Death Penalty and Juveniles

Introduction: In today's society, many juveniles are being sent to trial without having the chance of getting a fair trial as anyone else would. Many citizens would see juveniles as dangerous individuals, but in my opinion how a teenager acts at home starts at home. Punishing a child for something that could have been solved at home is something that should not have to get worse by giving them the death penalty. The death penalty should not be imposed on […]

Is the Death Penalty “Humane”

What’s the first thing that pops up in your mind when you hear the words Capital Punishment? I’m assuming for most people the first thing that pops up is a criminal sitting on a chair, with all limbs tied down, and some type of mechanism connected to their head. Even though this really isn't the way that it is done, I do not blame people for imagining that type of image because that is how movies usually portray capital punishment. […]

Euthanasia and Death Penalty

Euthanasia and death penalty are two controversy topics, that get a lot of attention in today's life. The subject itself has the roots deep in the beginning of the humankind. It is interesting and maybe useful to learn the answer and if there is right or wrong in those actions. The decision if a person should live or die depends on the state laws. There are both opponents and supporters of the subject. However different the opinions are, the state […]

The Death Penalty is not Worth the Cost

The death penalty is a government practice, used as a punishment for capital crimes such as treason, murder, and genocide to name a few. It has been a controversial topic for many years some countries still use it while others don't. In the United States, each state gets to choose whether they consider it to be legal or not. Which is why in this country 30 states allow it while 20 states have gotten rid of it. It is controversial […]

Ineffectiveness of Death Penalty

Death penalty as a means of punishing crime and discouraging wrong behaviour has suffered opposition from various fronts. Religious leaders argue that it is morally wrong to take someone's life while liberal thinkers claim that there are better ways to punish wrong behaviour other than the death penalty. This debate rages on while statistically, Texas executes more individuals than any other state in the United States of America. America itself also has the highest number of death penalty related deaths […]

Is the Death Penalty Morally Right?

There have been several disputes on whether the death penalty is morally right. Considering the ethical issues with this punishment can help distinguish if it should be denied or accepted. For example, it can be argued that a criminal of extreme offenses should be granted the same level of penance as their crime. During the duration of their sentencing they could repent on their actions and desire another opportunity of freedom. The death penalty should be outlawed because of too […]

Why the Death Penalty is Unjust

Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man (or woman) should shed the blood of another man (or woman). Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Social justice […]

The Death Penalty and People’s Opinions

The death penalty is a highly debated topic that often divided opinion amongst people all around the world. Firstly, let's take a look at our capital punishments, with certain crimes, come different serving times. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. When it comes to the death penalty, there are certain […]

The Debate of the Death Penalty

Capital punishment is a moral issue that is often scrutinized due to the taking of someone’s life. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […]

The History of the Death Penalty

The History of the death penalty goes as far back as ancient China and Babylon. However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. For instance, in the 5th Century BC, the Roman Law of the Twelve Tablets […]

Death Penalty is Immoral

Let's say your child grabs a plate purposely. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. A three year old typically doesn't know they have done something wrong. But since your child broke that one plate, your kid is being put on death row. You may be thinking, that is too harsh of […]

The Death Penalty in the United States

The United States is the "land of the free, home of the brave" and the death penalty (American National Anthem). Globally, America stands number five in carrying executions (Lockie). Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection (The Guardian). Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […]

Cost of the Death Penalty

The death penalty costs more than life in prison. According to Fox News correspondent Dan Springer, the State of California spent 4 billion dollars to execute 13 individuals, in addition to the net spend of an estimated $64,000 per prisoner every year. Springer (2011) documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. […]

The Solution to the Death Penalty

There has never been a time when the United States of America was free from criminals indulging in killing, stealing, exploiting people, and even selling illegal items. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […]

Costs: Death Penalty Versus Prison Costs

The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives. According to […]

Death Penalty as a Source of Constant Controversy

The death penalty has been a source of almost constant controversy for hundreds of years, splitting the population down the middle with people supporting the death penalty and people that think it is unnecessary. The amount of people that are been against the death penalty has grown in recent years, causing the amount of executions to dwindle down to where there is less than one hundred every year. This number will continue to lessen as more and more people decide […]

Death Penalty is Politically Just?

Being wrongfully accused is unimaginable, but think if you were wrongfully accused and the ultimate punishment was death. Death penalty is one of the most controversial issues in today's society, but what is politically just? When a crime is committed most assume that the only acceptable consequence is to be put to death rather than thinking of another form of punishment. Religiously the death penalty is unfair because the, "USCCB concludes prisoners can change and find redemption through ministry outreach, […]

George Walker Bush and Death Penalty

George Walker Bush, a former U.S. president, and governor of Texas, once spoke, "I don't think you should support the death penalty to seek revenge. I don't think that's right. I think the reason to support the death penalty is because it saves other people's lives." The death penalty, or capital punishment, refers to the execution of a criminal convicted of a capital offense. With many criminals awaiting execution on death row, the death penalty has been a debated topic […]

Additional Example Essays

  • Death Penalty Should be Abolished
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  • Letter From Birmingham Jail Rhetorical Analysis
  • Why Abortion Should be Illegal
  • Logical Fallacies in Letter From Birmingham Jail
  • How the Roles of Women and Men Were Portrayed in "A Doll's House"
  • Ethical or Unethical Behavior in Business
  • Does Arrest Reduce Domestic Violence
  • Recycling Should be Mandatory
  • Why I Want to Be an US Army Officer

How To Write an Essay About Death Penalty

Understanding the topic.

When writing an essay about the death penalty, the first step is to understand the depth and complexities of the topic. The death penalty, also known as capital punishment, is a legal process where a person is put to death by the state as a punishment for a crime. This topic is highly controversial and evokes strong emotions on both sides of the debate. It's crucial to approach this subject with sensitivity and a balanced perspective, acknowledging the moral, legal, and ethical considerations involved. Research is key in this initial phase, as it's important to gather facts, statistics, and viewpoints from various sources to have a well-rounded understanding of the topic. This foundation will set the tone for your essay, guiding your argument and supporting your thesis.

Structuring the Argument

The next step is structuring your argument. In an essay about the death penalty, it's vital to present a clear thesis statement that outlines your stance on the issue. Are you for or against it? What are the reasons behind your position? The body of your essay should then systematically support your thesis through well-structured arguments. Each paragraph should focus on a specific aspect of the death penalty, such as its ethical implications, its effectiveness as a deterrent to crime, or the risk of wrongful convictions. Ensure that each point is backed up by evidence and examples, and remember to address counterarguments. This not only shows that you have considered multiple viewpoints but also strengthens your position by demonstrating why these opposing arguments may be less valid.

Exploring Ethical and Moral Dimensions

An essential aspect of writing an essay on the death penalty is exploring its ethical and moral dimensions. This involves delving into philosophical debates about the value of human life, justice, and retribution. It's important to discuss the moral justifications that are often used to defend the death penalty, such as the idea of 'an eye for an eye,' and to critically evaluate these arguments. Equally important is exploring the ethical arguments against the death penalty, including the potential for innocent people to be executed and the question of whether the state should have the power to take a life. This section of the essay should challenge readers to think deeply about their values and the principles of a just society.

Concluding Thoughts

In conclusion, revisit your thesis and summarize the key points made in your essay. This is your final opportunity to reinforce your argument and leave a lasting impression on your readers. Discuss the broader implications of the death penalty in society and consider potential future developments in this area. You might also want to offer recommendations or pose questions that encourage further reflection on the topic. Remember, a strong conclusion doesn't just restate what has been said; it provides closure and offers new insights, prompting readers to continue thinking about the subject long after they have finished reading your essay.

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Human Rights Careers

5 Death Penalty Essays Everyone Should Know

Capital punishment is an ancient practice. It’s one that human rights defenders strongly oppose and consider as inhumane and cruel. In 2019, Amnesty International reported the lowest number of executions in about a decade. Most executions occurred in China, Iran, Saudi Arabia, Iraq, and Egypt . The United States is the only developed western country still using capital punishment. What does this say about the US? Here are five essays about the death penalty everyone should read:

“When We Kill”

By: Nicholas Kristof | From: The New York Times 2019

In this excellent essay, Pulitizer-winner Nicholas Kristof explains how he first became interested in the death penalty. He failed to write about a man on death row in Texas. The man, Cameron Todd Willingham, was executed in 2004. Later evidence showed that the crime he supposedly committed – lighting his house on fire and killing his three kids – was more likely an accident. In “When We Kill,” Kristof puts preconceived notions about the death penalty under the microscope. These include opinions such as only guilty people are executed, that those guilty people “deserve” to die, and the death penalty deters crime and saves money. Based on his investigations, Kristof concludes that they are all wrong.

Nicholas Kristof has been a Times columnist since 2001. He’s the winner of two Pulitizer Prices for his coverage of China and the Darfur genocide.

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

Willie Jasper Darden, Jr. was on death row for 14 years. In his essay, he opens with the line, “Ironically, there is probably more hope on death row than would be found in most other places.” He states that everyone is capable of murder, questioning if people who support capital punishment are just as guilty as the people they execute. Darden goes on to say that if every murderer was executed, there would be 20,000 killed per day. Instead, a person is put on death row for something like flawed wording in an appeal. Darden feels like he was picked at random, like someone who gets a terminal illness. This essay is important to read as it gives readers a deeper, more personal insight into death row.

Willie Jasper Darden, Jr. was sentenced to death in 1974 for murder. During his time on death row, he advocated for his innocence and pointed out problems with his trial, such as the jury pool that excluded black people. Despite worldwide support for Darden from public figures like the Pope, Darden was executed in 1988.

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

This piece is a transcript of Bryan Stevenson’s 2012 TED talk, but we feel it’s important to include because of Stevenson’s contributions to criminal justice. In the talk, Stevenson discusses the death penalty at several points. He points out that for years, we’ve been taught to ask the question, “Do people deserve to die for their crimes?” Stevenson brings up another question we should ask: “Do we deserve to kill?” He also describes the American death penalty system as defined by “error.” Somehow, society has been able to disconnect itself from this problem even as minorities are disproportionately executed in a country with a history of slavery.

Bryan Stevenson is a lawyer, founder of the Equal Justice Initiative, and author. He’s argued in courts, including the Supreme Court, on behalf of the poor, minorities, and children. A film based on his book Just Mercy was released in 2019 starring Michael B. Jordan and Jamie Foxx.

“I Know What It’s Like To Carry Out Executions”

By: S. Frank Thompson | From: The Atlantic 2019

In the death penalty debate, we often hear from the family of the victims and sometimes from those on death row. What about those responsible for facilitating an execution? In this opinion piece, a former superintendent from the Oregon State Penitentiary outlines his background. He carried out the only two executions in Oregon in the past 55 years, describing it as having a “profound and traumatic effect” on him. In his decades working as a correctional officer, he concluded that the death penalty is not working . The United States should not enact federal capital punishment.

Frank Thompson served as the superintendent of OSP from 1994-1998. Before that, he served in the military and law enforcement. When he first started at OSP, he supported the death penalty. He changed his mind when he observed the protocols firsthand and then had to conduct an execution.

“There Is No Such Thing As Closure on Death Row”

By: Paul Brown | From: The Marshall Project 2019

This essay is from Paul Brown, a death row inmate in Raleigh, North Carolina. He recalls the moment of his sentencing in a cold courtroom in August. The prosecutor used the term “closure” when justifying a death sentence. Who is this closure for? Brown theorizes that the prosecutors are getting closure as they end another case, but even then, the cases are just a way to further their careers. Is it for victims’ families? Brown is doubtful, as the death sentence is pursued even when the families don’t support it. There is no closure for Brown or his family as they wait for his execution. Vivid and deeply-personal, this essay is a must-read for anyone who wonders what it’s like inside the mind of a death row inmate.

Paul Brown has been on death row since 2000 for a double murder. He is a contributing writer to Prison Writers and shares essays on topics such as his childhood, his life as a prisoner, and more.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

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IELTS band 9 essay: death penalty

Here you can find advice how to structure IELTS essay and IELTS model answer for death penalty topic. Question type: advantages and disadvantages .

Here is the question card:

Some people advocate death penalty for those who committed violent crimes. Others say that capital punishment is unacceptable in contemporary society.

Describe advantages and disadvantages of death penalty and give your opinion.

So this is the advantage/disadvantage essay. In this essay you're asked about :

  • Advantages of capital punishment
  • Disadvantages of capital punishment
  • Your opinion about it

Before writing this IELTS essay, you should decide what’s your opinion and then choose your arguments to describe pros and cons of death penalty. You don’t have to make up very complicate ideas. Even simple, but well-written arguments can often give you a band 9 for writing .

Some of the possible arguments :

  • Disadvantages of capital punishment :
  • we have no rights to kill other humans
  • innocent people can be killed because of unfair sentences
  • even criminals deserve a second chance
  • Advantages of capital punishment :
  • it prevents major crimes
  • it restores equilibrium of justice
  • it lessens expenses on maintenance of prisoners

How to structure my answer?

Surely, there are a lot of ways to organise this essay. But here is one possible way of structuring the answer to produce a band 9 essay :

Introduction : rephrase the topic and state your opinion.

Body paragraphs :

  • paragraph 1: disadvantages of death penalty
  • paragraph 2: advantages of death penalty

Conclusion : sum up the ideas from body paragraphs and briefly give your opinion.

Band 9 essay sample (death penalty)

Many people believe that death penalty is necessary to keep security system efficient in the society. While there are some negative aspects of capital punishment, I agree with the view that without it we will become more vulnerable to violence.

Death penalty can be considered unsuitable punishment for several reasons. The strongest argument is that we have no rights to kill other humans. Right to live is the basic right of any human being, and no one can infringe this right, irrespective of the person’s deeds. Moreover, innocent people can face wrongful execution. Such unfair sentences take away lives of innocent people and make other citizens lose faith in law and justice. And besides, sometimes criminals repent of their acts. In this case they should be given a second chance to improve themselves.

However, I believe that capital punishment is necessary in the society. Firstly, it is an effective deterrent of major crimes. The best method to prevent a person from committing crime is to show the consequences of his or her actions. For example, the government of Pakistan has controlled the rate of terrorism by enforcing death penalties for the members of terrorist organisations. Secondly, the governments spend large sums of national budget on maintenance of prisoners. Instead, this money can be used for the development of the society and welfare of the people.

To sum up, although capital punishment has some disadvantages, I think that it proves to be the best way of controlling criminals, lessening governmental expenses and preventing other people from doing crimes.

(257 words)

Useful vocabulary

capital punishment = death penalty

to commit a crime - to do a crime

deterrent of major crimes - something that prevents big crimes

to face wrongful execution - to be mistaken for a criminal and killed for that

to infringe someone’s right - restrict someone’s right, hurt someone’s interests

innocent people - people who are not guilty or responsible for crimes

to repent of something - to feel sorry for something

right to live is basic right of any human being

unfair sentence - not fair judgement

Capital Punishment and the Death Penalty Essay

  • To find inspiration for your paper and overcome writer’s block
  • As a source of information (ensure proper referencing)
  • As a template for you assignment

Criminal Law and Procedure

Historical development of criminal law, difference between legal and social parameters in criminal law, elements of a crime.

In most nations, there are two or three sorts of courts that have authority over criminal cases. A single expert judge typically handles petty offenses, but two or more lay justices in England may sit in a Magistrates’ Court. In many nations, more severe cases are heard by panels of two or more judges (Lee, 2022). Such panels are frequently made up of attorneys and lay magistrates, as in Germany, where two laypeople sit alongside one to three jurists. The French cour d’assises comprises three professional judges and nine lay assessors who hear severe criminal cases. Such mixed courts of professionals and ordinary residents convene and make decisions by majority voting, with lawyers and laypeople having one vote.

The United States Constitution permits every defendant in a non-petty matter the right to be prosecuted before a jury; the defendant may forgo this privilege and have the decision decided by a professional court judge. To guarantee the court’s fairness, the defense and prosecution can dismiss or challenge members whom they prove to be prejudiced (Lee, 2022). Furthermore, the defense and, in the United States, the prosecution has the right of vexatious challenge, which allows it to confront several participants without providing a reason.

One of the most primitive texts illustrating European illegitimate law appeared after 1066, when William the Conqueror, Duke of Normandy, conquered England. By the eighteenth century, European law addressed criminal behavior specifically, and the idea of trying lawbreakers in a courtroom context began to transpire (Zalewski, 2019). The English administration recognized a scheme referred to as common law, which is the method through which regulations that regulate a group of people are established and updated. Corporate law relates to public and illegal cases and is grounded on the establishment, adjustment, and expansion of laws by adjudicators as they make permissible judgments. These decisions become standards, prompting the consequences of impending cases.

Misdemeanors, offences, and sedition are the three types of unlawful offenses presented before the courts. Misdemeanors are petty infringements decided by penalties or confiscation of property; some are penalized by less than a year in prison. Offences are meaningfully more heinous felonies with heavier consequences, such as incarceration in a federal or state prison for a year or more. Treason is characterized as anything that breaches the country’s allegiance. Felonious law changes and is often susceptible to modification based on the ethics and standards of the period.

Parameters are values with changing attributes, principles, or dimensions that may be defined and monitored. A parameter is usually picked from a data set because it is critical to understanding the situation. A parameter aids in comprehending a situation, whereas a parameter defines the situation’s bounds (Doorn et al., 2018). The critical concept of the Legal parameter is that behaviors are restricted by unspoken criteria of deviance that are agreeable to both the controlled and those that govern them. Impartiality, fairness, and morality are all ideals conveyed by social justice, and they all have their origins in the overarching concept of law (Doorn et al., 2018). From a social standpoint, it involves various topics such as abortion, cremation, bio-genetics, human decency, racial justice, worker’s rights, economic freedom, and environmental concerns.

All crimes in the United States may be subdivided into distinct aspects under criminal law. These components of an offense must then be established beyond possible suspicion in a court of law to convict the offender (Ormerod & Laird, 2021). Many delinquencies need the manifestation of three crucial rudiments: a criminal act, criminal intent, and the concurrence of the initial two. Depending on the offense, a fourth factor called causality may be present.

First is the criminal act (Actus Reus): actus reus, which translates as “guilty act,” refers to any criminal act of an act that occurs. To be considered an unlawful act, an act must be intentional and controlled by the defendant (Ormerod & Laird, 2021). If an accused act on nature, they may not be held responsible for their conduct. Words can be deemed illegal activities and result in accusations such as perjury, verbal harassment, conspiracy, or incitement. On the contrary, concepts are not considered illegal acts but might add to the second component: intent.

Second is crime intent (Mens Rea): for a felonious offense to be categorized as a misconduct, the culprit’s mental circumstance must be reflected. According to the code of mens rea, a suspect can only be considered remorseful if there is felonious intent (Ormerod & Laird, 2021). Third is concurrence, which refers to the coexistence of intent to commit a crime and illicit behavior. If there is proof that the mens rea preceded or happened simultaneously with the actus reus, the burden of proving it is met. Fourth is causation: this fourth ingredient of an offense is present in most criminal cases, but not all. The link concerning the defendant’s act and the final consequence is called causation. The trial must establish outside a possible suspicion that the perpetrator’s acts triggered the resultant criminality, which is usually detriment or damage.

The risk of executing an innocent man cannot be entirely removed despite precautions and protection to prevent capital punishment. If the death penalty was replaced with a statement of life imprisonment, the money saved as a result of abolishing capital punishment may be spent in community development programs. The harshness of the penalty is not as efficient as the guarantee that the penalty will be given in discouraging crime. In other terms, if the penalty dissuades crime, there is no incentive to prefer the stiffer sentence.

Doorn, N., Gardoni, P., & Murphy, C. (2018). A multidisciplinary definition and evaluation of resilience: The role of social justice in defining resilience . Sustainable and Resilient Infrastructure , 4 (3), pp. 112–123. Web.

Lee, S.-O. (2022). Analysis of the major criminal procedure cases in 2021 . The Korean Association of Criminal Procedure Law , 14 (1), pp. 139–198. Web.

Ormerod, D., & Laird, K. (2021). 2. The elements of a crime: Actus reus . Smith, Hogan, and Ormerod’s Criminal Law , pp 26–87. Web.

Rancourt, M. A., Ouellet, C., & Dufresne, Y. (2020). Is the death penalty debate really dead? contrasting capital punishment support in Canada and the United States . Analyses of Social Issues and Public Policy , 20 (1), 536–562. Web.

Stetler, R. (2020). The history of mitigation in death penalty cases . Social Work, Criminal Justice, and the Death Penalty , pp. 34–45. Web.

Wheeler, C. H. (2018). Rights in conflict: The clash between abolishing the death penalty and delivering justice to the victims . International Criminal Law Review , 18 (2), 354–375. Web.

Zalewski, W. (2019). Double-track system in Polish criminal law. Political and criminal assumptions, history, contemporary references . Acta Poloniae Historica , 118 , pp 39. Web.

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Life in Prison or the Death Penalty

by Viktoriia (Ukraine)

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Capital Punishment

by Azam (Karachi, Sindh, Pakistan)

Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment is essential to control violence in society. To what extent do you agree or disagree? I thoroughly agree with the proposition, capital punishment should be made mandatory in our society, where crime ratio is being increased day by day because we live in a world where people are not even certain about how they are going to return, either on legs or on shoulders. There is a law of physics, which is known as "Murphy's Law", which states that "Whatever can go wrong, will go wrong". So whose duty is it to make it right again? To start with, the ratio of crime and terrorism is being so increased exponentially. People feel unsafe, even being at their own homes. Criminals show no compassion or mercy to those who are being held by them as captives. I do not know what they get by doing such heinous and diabolical acts. In my opinion, death penalty should be made as an essential punishment for those criminals and insurgents who love to annihilate the humanity or the society we live in, where people get massacred brutally just like flies in air. The good example of this is in most of middle-eastern countries where criminals get beheaded or hanged publicly for their wrongdoings, that is why their crime ratio is equivalent to almost zero. Crime is afterall a crime, irrespective of how big or small it is. By this i mean that, adopting such policy might frightens those criminals and make them to think at least ten times before bringing any kind of furor among citizen and annihilate them. On the other hand, many people or activists think that criminals are also humans so they also deserve another chance to rectify themselves to become a better citizen in future. From these facts, I would maintain that, no human-being happens to be an insurgent, criminal or terrorist by birth. It is just the time which plays as a best teacher for some and worst for some.

IELTS Capital Punishment Essay

Capital Punishment Essay

Capital Punishment Essay

Please give some honest feedback. Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment in essential to control violence in society. To what extent do you agree or disagree with this opinion? With rising violence and ghost gun availability, normal people are more prone to danger now than ever. The whole judicial process consumes a lot of time and effort to punish the guilty. Furthermore, the lighter penalities fail to dither the culprit from repeating the crime placing the public in danger. I partially agree that capital punishment is needed to control violence and will try to explain the same below. Many criminals repeat their offending behavioural pattern as soon as they come out of the prison after serving the sentence as prison fails to bring any change in their basic nature. Plenty of criminals jailed in sexual assualt cases and robbery continue such behaviour once they are out again. Many racists and terrorists with extreme nature also follow the similar kind of pursuit. Also ghost guns without serial numbers and unexcepted attacks inspired from online videos mak it difficult to guard against vulnerable victims. capital punishment thus sounds good to deter offenders depending on the gravity of the situation as such people are too risky to be left out in to the society again. Nevertheless, awarding a death penalty to criminals cannot alone change their behaviour as observed in ISIS follwers who are prepared to die in their own attacks. Thus, death sentence cannot be a solution that reduces the crimes and secures public. Also, it assumes that perpetrators can never change rejecting the basic notion behind the punishment and legal process. Death is too severe and cannot be reversed in terms of penalty. Thus, capital punishment fails to address the cause of concern in reducing the crime rate but it is imperative in few cases of extremely grave crimes. Just like how one shoe doesn't fit every foot, one punishment cannot address all the uprising violence in the society alone. It surely does apply to few scenarios and some other measures are to be taken to address the elephant in the room.

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Death Penalty

by sadineni (Bangalore)

With Out Capital punishment (The death Penalty) our lives are less secure and crimes of violence increase. Do you agree or disagree? Death is same for both good people and as well as bad people (criminals). Fear of death is the deepest and strongest fear in the humane race. Nobody raise hand aganist this point. But here the question is whether capital punishment is essential to controle violence in society? Can We use this fear of death to controle violence? Killing a person who was killed other person. How far it is correct? In Recent years, If we see some crimes. even death penality is not sufficient to punish the criminals of those crimes like Nirbhaya case in India, Terrorist attack on Taj hotel in India and famous attack on world trade towers. As i already mentioned inherited death will be there in all living creatures in this universe. We can user this fear of death to prevent crime in society by installing the fear in peoples mind by hanging the criminal in the crime like nirbhaya case in India. If some body ask the question, How far it is correct to kill a person with the name of punishment, then deffinetly my answer is "yes it is correct" Because we have to see the intention behind killing the person. A soldier killing an enemy is not at all a crime but a person who was killed other person for the sake of money is deffinetly a crime. Similarly killing a person who was killed other person is to prevent the crime and to make justice to the victim. Capital punishment is not a new concept to us, It is there from our ancient times. So i can conclude my argument as capital punishment is essential to controle violance in society along with efforts to chnage the idiology and way of thinking of criminals .There should be strong system not to misuse the capital punishment,other wise it may cause furthermore violence in society instead of decrease violence in society.

Death Penalty Essay

Some people advocate the death penalty for those who committed violent crimes. Others say that capital punishment is unacceptable in contemporary society. Describe the advantages and disadvantages of the death penalty and give your opinion. It's always said that "forgiving and making people learn from the mistakes is the best solution".The death penalty is something that is given to the people who committed an absolute brutal or cruel crime. As it is known that every coin has two different sides and every aspect or decision has both advantages and disadvantages. In detail, the death penalty when given to the criminals the authorities hang them or kill them on a decided date. The death penalty brings fear in the people who think of attempting a crime and people will never have the audacity to commit a crime. Which results in clearance of the negatives in the society and keeping it safe. In other words, the death penalty brings awareness to people who commit an offense and force them to choose the right path. On the contrary, this causes a loss of human life and great grief to their friends and family. An innocent person may lose their due to this punishment. For an instance, many criminals these days use innocent people as a part of their crime, and later these people are caught instead of the original criminals. If these people are given the death penalty this results in taking away an innocents life. Also, this may lead to a revolt by the public on authorities. Moreover. killing someone is never a favorable solution, Teaching them the way of life and how to exceptionally use their ideas for a better living would be much more satisfactory and ideal. A punishment should teach someone how to go on the right way by following the rules and regulations, but should never kill someone. Therefore, I support the idea that capital punishment is unacceptable in contemporary society. Authorities should try to avoid death penalties to the maxing extent and should promote the ideology of changing the criminal's mindsets and thoughts and make them a better human being.

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Home — Essay Samples — Social Issues — Human Rights — Capital Punishment

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Essays on Capital Punishment

Capital punishment is a controversial and thought-provoking topic that has been debated for decades. Writing an essay on capital punishment can be a challenging task, especially when it comes to choosing the right topic. In this article, we will discuss the importance of the topic, provide advice on choosing a topic, and present a detailed list of recommended essay topics, divided by category.

Capital punishment, also known as the death penalty, is a highly divisive issue that has sparked fierce debate around the world. It raises questions about morality, justice, and the role of the state in taking the life of a convicted criminal. Writing an essay on capital punishment allows students to explore these complex issues and develop critical thinking skills. Moreover, it provides an opportunity to examine the social, ethical, and legal implications of the death penalty, making it an important and relevant topic for academic study.

When choosing a topic for a capital punishment essay, it is important to consider your interests and the specific aspects of the death penalty that you find compelling. You may want to explore the history of capital punishment, its ethical implications, its effectiveness as a deterrent, or its impact on society. Additionally, consider the current debates and controversies surrounding the death penalty, as these can provide a rich source of material for your essay.

Recommended Capital Punishment Essay Topics

History of capital punishment.

  • The origins of capital punishment
  • The evolution of execution methods
  • Famous historical cases of capital punishment
  • The abolition of the death penalty in certain countries

Ethical and Moral Considerations

  • The morality of the death penalty
  • Religious perspectives on capital punishment
  • The rights of the condemned
  • The ethics of executing the innocent

Effectiveness and Deterrence

  • The effectiveness of capital punishment as a deterrent
  • Comparing crime rates in states with and without the death penalty
  • The psychological impact of the death penalty on society
  • Alternatives to capital punishment

Legal and Social Justice Issues

  • Racial disparities in death penalty sentencing
  • The role of capital punishment in the criminal justice system
  • International perspectives on the death penalty
  • The impact of capital punishment on victims' families

Contemporary Debates and Controversies

  • The use of lethal injection as an execution method
  • The debate over capital punishment for juveniles
  • The role of the media in shaping public opinion on the death penalty
  • The impact of public opinion on the future of the death penalty

These are just a few examples of the many possible essay topics related to capital punishment. Regardless of the specific topic you choose, it is important to approach the subject with an open mind and a willingness to engage with different perspectives. By considering the historical, ethical, legal, and social aspects of the death penalty, you can develop a well-rounded and insightful essay that contributes to the ongoing discourse on this important issue.

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do you agree with capital punishment essay

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capital punishment , you agree or disagree # IELTS Essay

Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment is essential to control violence in society.

To what extent do you agree or disagree with this opinion?

Crime and violence have existed and sustained in our world since centuries. In earlier times, all crimes were designated as one and there was no differentiation between heinous and petty crimes. Death penalty was awarded to all who committed crimes, irrespective of their seriousness but now it is awarded for those crimes which are heinous.

Capital punishment for certain crimes is essential as it deters the culprit to commit the offence again. It instils fear in the person to commit atrocious and brutal offences. If there was no death penalty for such crimes, criminals would walk around free without any fear and repeat such criminal acts of violence. It is only when a criminal or offender fears for one’s own life, does it dissuade him to commit offences. We have had a number of cases in India whereby the death penalty has been awarded. For instance, Kasab, the terrorist who was involved in the terrorist attack in which many people were killed in cold blood at the Hotel Taj in Mumbai, was awarded the sentence and was hanged till death last year. Apart from this, the victims and their families also feel a sense of justice and security which in turn makes them live peacefully.

Yet capital punishment does not always lead to less crime in society. If the crime statistics are given attention, it will be seen that crime has increased manifold over the years, despite the death penalty being awarded in many cases.  This can be supported by the recent rape case which occurred in Delhi, whereby two criminals were given the death penalty but the incidence of rapes have not decreased. In fact, the numbers are growing gradually and each year it surpasses the previous year.

It can be concluded that capital punishment does not necessarily control crime in a society and only has a deterrent effect but it is required in those cases where heinous and despicable crimes have been committed.

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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.

Get the huge list of more than 500 Essay Topics and Ideas

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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IELTS Essay, topic: Capital punishment

  • IELTS Essays - Band 7

Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment is essential to control violence in society. To what extent do you agree or disagree?

do you agree with capital punishment essay

Those who are in favor of capital punishment mostly live in developing countries. However, this is not just an image of the Third World countries. Actually, the USA is one country where this kind of punishment has its rates of application. The state of Texas, in particular, is at the top, supporting this measure against crime, especially those involving serial killers and crimes against children. In a society dominated by fear and government control, it is foreseen that this penalty will continue .

Maybe this is not a simple question. As we can see there are several values here and of course cultural behavior. The roots of the question are religious, cultural, ethical and even geographical. The world is divided and the law systems show this division. The solutions, however can lead us to other questions concerning revenge and justice. better to kill a person because of his crimes? Can we admit that a life sentence could be a much better sentence? In fact, rehabilitation is the right way especially with an accurate psychological evaluation first. Some people are lost forever, and in my opinion some murderers and other criminals will suffer more in jail. In this sense, capital punishment is an easy way out.

This is a good essay, you should do well in the Task 2 Writing Test.

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2 thoughts on “IELTS Essay, topic: Capital punishment”

I don\’t think the essay answers the question. It is not clear whether the writer agrees or disagree with the prompt. Maybe I\’m missing something on the matter but don\’t you have to clearly state your stance in opinion/argument essays?

You are correct to notice that the writer’s position isn’t apparent throughout the entire essay, it is only expressed in the conclusion, and that is why this essay would get a 6 for task response. To get a 7 for TR the writer’s position has to be clear throughout the essay. This essay, however, would get an 8 for lexical resource and 7’s for coherence/cohesion and grammatical range, so that makes the total score a 7.

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Essay on Capital Punishment

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  • Updated on  
  • Jun 11, 2022

Essay on Capital Punishment-04 (1)

The phrase “punishment” is one that we are all familiar with. However, only a small percentage of the population is familiar with capital punishment. Capital punishment is a court-ordered death penalty for violating criminal laws . Furthermore, the method of punishment differs from one country to the next. Some countries hang the criminals until they die, while others shoot or inject them with a fatal injection. Keep reading the blog to find an IELTS Essay on Capital Punishment and much more!

Methods of Capital Punishment 

  • Electrocution – In this method, the perpetrator is bound to a chair and a high-voltage current is passed through his body, quickly killing a guy. It also leads to organ failure (especially heart).
  • Tranquilization – This method causes the criminal to die slowly and painlessly by injecting toxin injections into his body. It can take up to several hours for the criminal to die.
  • Beheading – Arab and Gulf countries commonly use this method of capital punishment. In this, they just sever the person’s head from their body using this manner.
  • Stoning – It is a kind of capital punishment in which the criminal is beaten to death. It’s also the most agonizing technique of execution.
  • Shooting – In this approach, the culprit is shot either in the head or in the chest. Hanging – In this method, the culprit is hanged till death.

Capital Punishment

Also Read: Essay on Human Rights

Advantages of Capital Punishment

  • A life sentence is disproportionate to the seriousness of the offense.
  • The death sentence has the potential to deter violent crime.
  • It does not have to be done in a violent manner.
  • The affected family is not re-victimized by the death penalty.
  • It eliminates the prospect of an escape and potential victims in the future.
  • When capital punishment is used in a fair manner, it can help to reduce prison overcrowding.

Disadvantages of Capital Punishment

  • When applied, it is the ultimate negation of human rights.
  • The death penalty has the potential to execute someone who is potentially innocent.
  • The cost of bringing a death penalty case to trial is substantially higher than in other situations.
  • With the death sentence in existence, there may be no deterrent to crime.
  • It’s used to keep political messages under control.
  • Capital punishment is occasionally used to put children to death.
  • There is no turning back once the execution has occurred.
  • Sometimes the evidence used to justify the death penalty is contaminated.
  • It is frequently used in a discriminating manner.
  • The death sentence has a negative influence on a victim’s family.
  • Only a few jail escapes occur each year, and even fewer involve violent offenders.
  • Some people are simply unconcerned.

IELTS Essay On Capital Punishment (Sample)

This is an IELTS essay on Capital Punishment which can help you for your exam-

Our lives are less secure without capital punishment, and violent crimes are on the rise. Capital punishment is necessary to restrain violence in society. Since the beginning of time, there has been debate about capital punishment, particularly for violent offences. Many regard it as one of the most heinous penalties, intended to convey a stern message to anyone who even contemplates trouble. While some believe it is natural justice, others believe it is unnatural and argue that humans should not play the role of demi-god. I am certain that people are incapable of deciding one’s death purely on the basis of a disruptive account.

Capital punishment strongly depicts eye-for-an-eye justice, which is a barbarous act in and of itself. Hanging someone to death will not improve the victim’s position, nor will it bring the dead back to life. It may provide a phoney sense of fairness to the people, proving transitory and fading with media attention. Instead, the victim must be given the opportunity to reflect on his own actions, perhaps by meeting the victim or the victim’s family. History has demonstrated that such an exercise acts as a form of punishment because the guilty is usually consumed by flames of repentance. Certainly, such a person deserves a second opportunity.

Few people, on the other hand, would argue that capital punishment restricts criminals and makes the general public feel safe, which is the establishment’s primary responsibility. It is not, in my opinion, lethal punishment that induces a sense of security. People will feel safer in countries like India if decisions are delivered on time and the process is transparent because justice delayed is justice denied.

It should be emphasized that the main goal of punishment is to reform and rehabilitate a criminal. The state’s job should be to punish the guilty person in a way that re-educates and morally redeems him. Given the inevitability of capital punishment, it should not be used in any circumstance.

A life sentence could instead be used for this purpose where it’s possible that the criminal is given a second opportunity.

Also Read: Essay on Democracy

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Essay 36 – Capital punishment is essential to control violence in society

Gt writing task 2 (essay writing) sample # 36.

You should spend about 40 minutes on this task.

Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment is essential to control violence in society.

To what extent do you agree or disagree with this opinion?

You should write at least 250 words.

You should use your own ideas, knowledge and experience and support your arguments with examples and relevant evidence.

Model Answer 1: [Disagree]

The topic of capital punishment elicits strong emotions and diverse viewpoints, and some opine that without capital punishment, our society is prone to more crime and violence. I believe that there are more effective and humane ways to address crime and ensure public safety rather than implementing capital punishment.

Firstly, the claim that capital punishment deters crimes of violence is not strongly supported by empirical evidence. Numerous studies have shown that the presence or absence of the death penalty does not significantly affect crime rates. Factors such as socioeconomic conditions, education, and effective law enforcement play more substantial roles in preventing crime. Therefore, relying on capital punishment as a means to control violence may be misguided and overlook more comprehensive approaches to crime prevention.

Furthermore, the application of capital punishment raises ethical concerns. The irreversible nature of the death penalty means that any errors or miscarriages of justice cannot be rectified. There have been cases where innocent individuals have been wrongfully convicted and sentenced to death, only to be exonerated years later. Such occurrences highlight the inherent fallibility of the justice system and the irreversible consequences of capital punishment.

Rather than relying on capital punishment, societies can focus on implementing more effective crime prevention measures and rehabilitation programmes. Investing in education, social support systems, and rehabilitation initiatives can address the root causes of criminal behaviour and help reintegrate individuals back into society. Moreover, a shift towards restorative justice approaches can offer a more compassionate and meaningful response to crime. Restorative justice focuses on repairing the harm caused by crime, promoting accountability, and facilitating the healing and reconciliation of all parties involved.

In conclusion, the evidence does not convincingly support the claim that the death penalty serves as an effective deterrent for crime. Moreover, ethical concerns, the potential for wrongful convictions, and the irreversibility of the punishment call into question its legitimacy. Instead, I believe that focusing on crime prevention, rehabilitation, and restorative justice can lead to more equitable, humane, and secure societies.

Model Answer 2: [Agree]

Many people believe that the death penalty is necessary for serious offenders to keep our society safe and for the country to function and advance. While such punishments might seem cruel and inhuman to some, I sincerely believe that without capital punishment, our society will become unsafe for ordinary citizens and vulnerable to brutality and crime.

To begin with, our society has laws and punishments so that ordinary citizens can live without fear and violent individuals are kept away from creating havoc. Thus when we talk about a burglar who has stolen more than once, we have a prison sentence for such crime and he is given an opportunity to repent and come clean after he serves the prison time. However, when we talk about a pathological criminal who is a serial killer or has an obsessive-compulsive disorder to rape a child, they are beyond correction and should never be allowed to be able to harm a single innocent soul on our watch. For such capital offences, we need to have capital punishment to make our society secure and safe.

Moreover, I believe that capital punishment is necessary as it is an effective deterrent to many major offences. According to many, the best method to keep crimes under a tolerable level is to show people the consequences of their misconduct and felonies. For example, many Asian countries, including Singapore, have controlled drug trafficking and drug dealing by enforcing death penalties for such offenders. The result of it was astounding and all of those countries have alleviated the drug trafficking and drug dealing problems to a staggering lower level.

To conclude, despite some sentiments against capital punishment, I believe that it proves out to be the best method to make our society a far better place to live in.

Model Answer 3: [Disagree]

Many people believe that the death sentence is necessary to counter the violence and maintain peace in society. However, I believe that there are better alternatives to curb the crime rates and the death penalty is inhumane in a civilised world.

According to many, the death sentence is the only way to make an example to deter others from committing heinous crimes. They believe that serious offenders are like worms in a righteous society and should not be given a second chance. However, for both ideas- in and against capital punishment, several research works have been conducted, and the findings indicate the contrary. It is interesting to note that countries that have implemented capital punishment still have a higher crime rate than those countries that have abolished it. Besides, I personally believe that we do not have the right to kill a human being as this would be another crime.

Thus it is only rational to suggest that counselling and educating criminals in prisons could be a great way to convert criminals into good human beings. Norway, where the crime rate is lower than most other countries in the world, is a great example of how proper counselling can change criminals. Moreover, we have to deal with the core factors of crimes and their backgrounds, give people economic freedom and tackle pressing issues in society to reduce crime rates. A society with a strong economy and educated members has lower crime rates and that is what we should be working on to achieve. Finally, we can replace capital punishment with life imprisonment for repeat offenders and heinous criminals who are beyond correction.

To conclude, persuaded by what has been discussed as well as compelled by what I have learnt and experienced, I would like to reiterate that capital punishment can not reduce the crime rate in the long run and it is inhumane to kill someone for his/her crime.

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  • capital punishment
  • death penalty
  • retributive justice
  • wrongful execution
  • economic costs
  • life imprisonment
  • human rights
  • rehabilitation
  • heinous crimes
  • judiciary system
  • penal system
  • legal framework
  • justice system
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Ielts writing task 2 sample 626 - capital punishment is essential to control violence and crime in society, ielts writing task 2/ ielts essay:, capital punishment is essential to control violence and crime in society. without enforcing capital punishment like dead sentence our life would become less secure and the number of crime and violence in society would increase..

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Experts Question Alito’s Failure to Recuse Himself in Flag Controversy

Legal ethicists welcomed the fact that the justice gave reasons for staying on two Jan. 6 cases, a break from court tradition. But they said his rationale was open to criticism.

  • Share full article

A close-up of Justice Samuel A. Alito Jr. in his black judicial robe.

By Adam Liptak

Reporting from Washington

Supreme Court justices seldom give reasons for their decisions to recuse themselves. Even rarer are explanations for deciding to participate in a case when they have been accused of conflicts of interest.

Justice Samuel A. Alito Jr. is an exception. He seems positively eager to explain himself. But whether his explanation has helped or hurt his cause is open to question.

On Wednesday, Justice Alito wrote letters to Democratic lawmakers saying he was not only permitted but also obligated to sit on two cases arising from the Jan. 6, 2021, attack on the Capitol despite controversies over flags displayed outside his houses associated with the “Stop the Steal” movement.

Experts in legal ethics said they welcomed Justice Alito’s decision to explain himself. But they were not persuaded by the reasoning in his letters, which said the flags had been flown by his wife and so did not require him to step aside in the pending cases, on whether former President Donald J. Trump is immune from prosecution and on whether a federal obstruction law covers participants in the Jan. 6 assault.

Mr. Trump praised the justice in a radio interview on Wednesday. “Alito is a tough guy, and he’s strong and very, very smart, and he put out a great statement today,” Mr. Trump said.

The controversy surrounding Justice Alito reflects wider questions about ethics and politics at the court. Public trust in the court has fallen amid a swirl of ethics scandals in recent years, many involving whether justices should have recused themselves, and scrutiny is certain to be intense as they decide cases concerning Mr. Trump that could influence the outcome of the next election.

Amanda Frost, a law professor at the University of Virginia, said the quality of the reasoning in Justice Alito’s letters had shortcomings.

“I agree that Justice Alito’s wife has a First Amendment right to express her views,” Professor Frost said. “But if she does so on their shared property, in a way that would lead a reasonable person to question his impartiality, then he should respond by recusing himself.”

Professor Frost added that her conclusion would be no different had the controversy involved a liberal member of the court like Justice Ruth Bader Ginsburg, who died in 2020. “I would say the same,” she said, “if Justice Ginsburg’s husband had placed a ‘Gore won’ sign on the lawn of their shared home while the Bush-Gore election was being contested in the courts.”

But she added that Justice Alito’s decision to explain himself was part of a positive trend, saying that it was in keeping with a statement of principles from the court last year.

“Explanation can provide the public with relevant facts, which may forestall baseless speculation or correct misunderstandings,” she said.

James Sample, a law professor at Hofstra University, also said he had mixed feelings.

“The court has never suffered from an excess of transparency,” he said, “and an explanation is helpful if it’s thorough. Explanation is unwelcome if it’s hyper-selective and borderline dishonest.”

Justice Alito’s explanation of why he would not recuse himself was only his most recent. In June, he published an opinion essay in The Wall Street Journal explaining why he was not required to disqualify himself from cases involving a billionaire who had provided him with travel on a private jet. In September, he issued a statement rejecting demands from Democratic lawmakers that he recuse himself from a pending case after a lawyer involved in the matter interviewed him for The Journal.

Justice Alito’s refusal to recuse in the Jan. 6 cases comes as the court has been under growing pressure to address potential conflicts of interest.

Last April, as calls for a binding code of ethics for Supreme Court justices mounted, Chief Justice John G. Roberts Jr. turned down a request to appear before the Senate Judiciary Committee. In an apparent effort to reassure Congress and the public that the court was on the case, the chief justice attached the “statement on ethics principles and practices” that Professor Frost noted. It was signed by all nine members of the court.

“Individual justices, rather than the court, decide recusal issues,” the statement said, reciting a principle that would appear in the more formal code of conduct adopted by the court in November and at odds with the adage that no one should be a judge in his or her own case.

The interim statement also suggested that the justices might do more to explain their recusal decisions unless “public disclosure of the basis for recusal would be ill-advised.” Otherwise, it said, “a justice may provide a summary explanation of a recusal decision.” In addition, “a justice also may provide an extended explanation for any decision to recuse or not recuse.”

Since then, some justices have issued brief explanations for their recusals. Justice Elena Kagan, for instance, noted her recusal from a death penalty case on account of “prior government employment,” a reference to her service as U.S. solicitor general.

But even such terse explanations have been the exception. In January, Justice Neil M. Gorsuch did not say why he had recused himself from a different death penalty case, though it seemed to be because he had heard an aspect of it as a federal appeals court judge.

Justice Clarence Thomas, in a break from his practices in other cases involving the 2020 election, recused himself in October when the Supreme Court turned down an appeal from John Eastman, his former law clerk and an architect of a plan to subvert the election. There was, again, no explanation.

And on Tuesday, Judge Brett M. Kavanaugh recused himself from a case involving Michael Avenatti, a lawyer convicted in a plot to extort money from Nike. Mr. Avenatti had represented Julie Swetnick, who in 2018 accused Justice Kavanaugh of sexual misconduct. Justice Kavanaugh, who denied the accusations, offered no explanation for his recusal this week.

The first extended explanation of a decision not to recuse appears to have come from Justice William H. Rehnquist, who joined the court in 1972 following service in the Justice Department. That June, he voted with the majority in Laird v. Tatum , a 5-to-4 decision that dismissed a challenge to Army surveillance of domestic political groups in the Vietnam War era though he had defended the spying program in Congressional testimony and criticized the suit while a government lawyer.

His participation was heavily criticized. In a statement that fall, he wrote that no rule of judicial ethics prohibited staying on the case and that a 4-to-4 deadlock resulting in an automatic affirmance was undesirable.

“I do regard the question as a fairly debatable one, even though upon analysis I would resolve it in favor of sitting,” Justice Rehnquist, who would be elevated to chief justice in 1986, wrote. Supreme Court justices are unlike other federal judges, he wrote, as they cannot be replaced if they disqualify themselves. That gives rise, he wrote, to a presumptive duty to sit, one also cited by Justice Alito on Wednesday.

It is unknown if Justice Alito sought advice from his colleagues on his decision not to recuse himself. Correspondence in Justice Rehnquist’s papers showed that he consulted with several members of the court .

In the summer of 1972, for instance, he wrote to Justice Potter Stewart at his farm in New Hampshire, saying he needed help sorting out the conflicting advice. Some of the criticism of his actions had been “snide,” Justice Rehnquist wrote, and “The New York Times and Washington Post tend to feature the matter at every opportunity.”

In a handwritten note six days later, Justice Stewart was ambivalent about the wisdom of issuing a statement explaining the decision on recusal, though he called the idea “basically healthy.”

“On the other hand,” Justice Stewart said, “I am sure you are not so sanguine as to think that the memo will satisfy the N.Y. Times, Washington Post or other critics. It will probably just further irritate them, and they do have the last word.”

More than three decades passed until the next major statement from a justice on a decision not to recuse. In 2004, Justice Antonin Scalia explained that he could vote on a case involving the official conduct of Vice President Dick Cheney despite the fact that the two had gone duck hunting together, flying to Louisiana on Mr. Cheney’s government plane.

“Our flight down cost the government nothing,” wrote Justice Scalia, who died in 2016, “since space-available was the condition of our invitation.”

Justice Alito adopted the same accounting methodology last year in his opinion essay in The Wall Street Journal, saying that he was not required to disclose a trip on the private jet of a billionaire who frequently had cases before the Supreme Court because he had flown in “a seat that, as far as I am aware, would have otherwise been vacant.”

In his 1972 statement, Justice Rehnquist said recusal involved a delicate balance.

“Proof that a justice’s mind at the time he joined the court was a complete tabula rasa in the area of constitutional adjudication,” he said, “would be evidence of lack of qualification, not lack of bias.”

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak

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COMMENTS

  1. Capital punishment

    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. Moral arguments. Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited ...

  2. 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 ...

  3. 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).

  4. Death penalty pros and cons: should it be abolished?

    Death penalty pros and cons. Pros. One of the most common justifications for the death penalty in the Western world is that it acts as a deterrent of capital crimes, as the fear of death and the horror of the execution might prevent people from committing serious crimes. It is also considered to be the appropriate retribution and deserved ...

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    80 essay samples found. The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application ...

  6. 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:

  7. 5 Death Penalty Essays Everyone Should Know

    In "When We Kill," Kristof puts preconceived notions about the death penalty under the microscope. These include opinions such as only guilty people are executed, that those guilty people "deserve" to die, and the death penalty deters crime and saves money. Based on his investigations, Kristof concludes that they are all wrong.

  8. IELTS Writing band 9 sample: death penalty

    Surely, there are a lot of ways to organise this essay. But here is one possible way of structuring the answer to produce a band 9 essay: Introduction: rephrase the topic and state your opinion. Body paragraphs: paragraph 1: disadvantages of death penalty. paragraph 2: advantages of death penalty. Conclusion: sum up the ideas from body ...

  9. Capital Punishment and the Death Penalty Essay

    The risk of executing an innocent man cannot be entirely removed despite precautions and protection to prevent capital punishment. If the death penalty was replaced with a statement of life imprisonment, the money saved as a result of abolishing capital punishment may be spent in community development programs.

  10. The Death Penalty

    The death penalty violates the most fundamental human right - the right to life. It is the ultimate cruel, inhuman and degrading punishment. The death penalty is discriminatory. It is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities.

  11. Capital Punishment Essays

    Without capital punishment (the death penalty) our lives are less secure and crimes of violence increase. Capital punishment in essential to control violence in society. To what extent do you agree or disagree with this opinion? With rising violence and ghost gun availability, normal people are more prone to danger now than ever.

  12. Essays on Capital Punishment

    You may want to explore the history of capital punishment, its ethical implications, its effectiveness as a deterrent, or its impact on society. Additionally, consider the current debates and controversies surrounding the death penalty, as these can provide a rich source of material for your essay. Recommended Capital Punishment Essay Topics

  13. capital punishment , you agree or disagree # IELTS Essay

    Capital punishment is essential to control violence in society. To what extent do you agree or disagree with this opinion? Answer. Crime and violence have existed and sustained in our world since centuries. In earlier times, all crimes were designated as one and there was no differentiation between heinous and petty crimes. Death penalty was ...

  14. Capital Punishment Essay for IELTS- Samples to Help You Out

    Capital Punishment Essay IELTS Samples. Question- Without capital punishment (the death penalty), our lives are less secure, and crimes of violence increase. Capital punishment is essential to control violence in society. To what extent do you agree or disagree with this opinion? You should write at least 250 words.

  15. IELTS Essay, topic: Capital Punishment

    IELTS Essays - Band 5. Without capital punishment our lives are less secure and crimes or violence increase. To what extent do you agree or disagree with this opinion? Serious crimes need capital punishment so that the are unable to get involved in the crime in the future.

  16. Death Penalty Essay: Argumentative Essay Sample

    Death Penalty Essay Writing Assistance from Pro Writers. As you can see, the author of the argumentative essay about the death penalty above considers capital punishment to be an irrational and useless tool of the justice system. The death penalty doesn't have any impact on the number of crimes and causes serious legal and moral issues.

  17. Capital Punishment Essay for Students and Children

    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. Get the huge list of more than 500 Essay Topics and Ideas.

  18. IELTS Essay, topic: Capital punishment

    In this sense, capital punishment is an easy way out. This is a good essay, you should do well in the Task 2 Writing Test. Without capital punishment (the dead penalty) our lives are less secure and crimes of violence increase. Capital punishment is essential to control violence in society. To what extent do you agree or disagree?

  19. Essay on Essay on Capital Punishment

    IELTS Essay On Capital Punishment (Sample) This is an IELTS essay on Capital Punishment which can help you for your exam-. Our lives are less secure without capital punishment, and violent crimes are on the rise. Capital punishment is necessary to restrain violence in society. Since the beginning of time, there has been debate about capital ...

  20. Essay 36

    Model Answer 1: [Disagree] The topic of capital punishment elicits strong emotions and diverse viewpoints, and some opine that without capital punishment, our society is prone to more crime and violence. I believe that there are more effective and humane ways to address crime and ensure public safety rather than implementing capital punishment.

  21. Capital punishment is good for countries. To what extent do you agree

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  22. IELTS Writing Task 2/ Essay Topics with sample answer.

    IELTS Writing Task 2/ IELTS Essay: You should spend about 40 minutes on this task. Capital punishment is essential to control violence and crime in society. Without enforcing capital punishment like dead sentence our life would become less secure and the number of crime and violence in society would increase. To what extent do you agree or ...

  23. Write an essay on "Do You Agree with Capital Punishment? This essay

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  24. Experts Question Alito's Failure to Recuse Himself in Flag Controversy

    Legal ethicists welcomed the fact that the justice gave reasons for staying on two Jan. 6 cases, a break from court tradition. But they said his rationale was open to criticism.