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.

5 Arguments in Favor of the Death Penalty

Does capital punishment really bring justice to victims?

  • Criminals & Crimes
  • Serial Killers
  • The U. S. Government
  • U.S. Foreign Policy
  • U.S. Liberal Politics
  • U.S. Conservative Politics
  • Women's Issues
  • Civil Liberties
  • The Middle East
  • Race Relations
  • Immigration
  • Canadian Government
  • Understanding Types of Government
  • Ph.D., Religion and Society, Edith Cowan University
  • M.A., Humanities, California State University - Dominguez Hills
  • B.A., Liberal Arts, Excelsior College

Fifty-five percent of Americans support the death penalty, according to a 2017 Gallup poll . A survey the polling organization took two years later found that 56% of Americans support capital punishment for convicted murderers, down 4% from a similar poll taken in 2016. While the exact number of poll respondents in favor of the death penalty has fluctuated over the years, a slight majority of those surveyed continue to back capital punishment based on arguments ranging from religious dogma to the cost of covering a life prison sentence. Depending on one's perspective, however, the death penalty may not actually represent justice for victims.

"The Death Penalty Is an Effective Deterrent"

This is probably the most common argument in favor of capital punishment, and there's actually some evidence that the death penalty may be a deterrent to homicide, but it's a very expensive deterrent . As such, the question is not just whether the death penalty prevents crime but whether capital punishment is the most economically efficient deterrent. The death penalty, after all, requires considerable funds and resources, making it extremely costly to implement. Moreover, traditional law enforcement agencies and community violence prevention programs have a much stronger track record vis-a-vis deterrence, and they remain underfunded due, in part, to the expense of the death penalty.

"The Death Penalty is Cheaper Than Feeding a Murderer for Life"

According to the Death Penalty Information Center, independent studies in several states, including Oklahoma, reveal that capital punishment is actually far more expensive to administer than life imprisonment. This is due in part to the lengthy appeals process, which still sends innocent people to death row on a fairly regular basis.

In 1972, citing the Eighth and Fourteenth Amendments , the Supreme Court abolished the death penalty  due to arbitrary sentencing. Justice Potter Stewart wrote for the majority:

"These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual ... [T]he Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed."

The Supreme Court reinstated the death penalty in 1976, but only after states reformed their legal statutes to better protect the rights of the accused. As of 2019, 29 states continue to use capital punishment , while 21 prohibit the death penalty.

"Murderers Deserve to Die"

Many Americans share this view, while others oppose the death penalty no matter the crime committed. Death penalty opponents also note that the government is an imperfect human institution and not an instrument of divine retribution. Therefore, it lacks the power, the mandate, and the competence to make sure that good is always proportionally rewarded and evil always proportionally punished. In fact, organizations such as the Innocence Project exist solely to advocate for the wrongfully convicted, and some of the convicted felons it has represented have been on death row.

"The Bible Says 'An Eye for an Eye'"

Actually, there is little support in the Bible for the death penalty. Jesus, who himself was sentenced to death and legally executed, had this to say (Matthew 5:38-48):

"You have heard that it was said, 'Eye for eye, and tooth for tooth.' But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also. And if anyone wants to sue you and take your shirt, hand over your coat as well. If anyone forces you to go one mile, go with them two miles. Give to the one who asks you, and do not turn away from the one who wants to borrow from you. "You have heard that it was said, ‘Love your neighbor and hate your enemy.’ But I tell you, love your enemies and pray for those who persecute you, that you may be children of your Father in heaven. He causes his sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous. If you love those who love you, what reward will you get? Are not even the tax collectors doing that? And if you greet only your own people, what are you doing more than others? Do not even pagans do that? Be perfect, therefore, as your heavenly Father is perfect."

What about the Hebrew Bible? Well, ancient Rabbinic courts almost never enforced the death penalty due to the high standard of evidence required. The Union for Reform Judaism (URJ), which represents the majority of American Jews, has called for the total abolition of the death penalty since 1959.

"Families Deserve Closure"

Families find closure in many different ways, and many never find closure at all. Regardless, "closure" is not a euphemism for vengeance, the desire for which is understandable from an emotional point of view but not from a legal perspective. Vengeance is not justice. 

The friends and family of murder victims will live with that loss for the rest of their lives, with or without controversial policy objectives such as the death penalty. Providing and funding long-term mental health care and other services to the families of murder victims is one way to support them. 

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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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Essays About the Death Penalty: Top 5 Examples and Prompts

The death penalty is a major point of contention all around the world. Read our guide so you can write well-informed essays about the death penalty. 

Out of all the issues at the forefront of public discourse today, few are as hotly debated as the death penalty. As its name suggests, the death penalty involves the execution of a criminal as punishment for their transgressions. The death penalty has always been, and continues to be, an emotionally and politically charged essay topic.

Arguments about the death penalty are more motivated by feelings and emotions; many proponents are people seeking punishment for the killers of their loved ones, while many opponents are mourning the loss of loved ones executed through the death penalty. There may also be a religious aspect to support and oppose the policy. 

1. The Issues of Death Penalties and Social Justice in The United States (Author Unknown)

2. serving justice with death penalty by rogelio elliott, 3. can you be christian and support the death penalty by matthew schmalz, 4.  death penalty: persuasive essay by jerome glover, 5. the death penalty by kamala harris, top 5 writing prompts on essays about the death penalty, 1. death penalty: do you support or oppose it, 2. how has the death penalty changed throughout history, 3. the status of capital punishment in your country, 4. death penalty and poverty, 5. does the death penalty serve as a deterrent for serious crimes, 6. what are the pros and cons of the death penalty vs. life imprisonment , 7. how is the death penalty different in japan vs. the usa, 8. why do some states use the death penalty and not others, 9. what are the most common punishments selected by prisoners for execution, 10. should the public be allowed to view an execution, 11. discuss the challenges faced by the judicial system in obtaining lethal injection doses, 12. should the death penalty be used for juveniles, 13. does the death penalty have a racial bias to it.

“Executing another person only creates a cycle of vengeance and death where if all of the rationalities and political structures are dropped, the facts presented at the end of the day is that a man is killed because he killed another man, so when does it end? Human life is to be respected and appreciated, not thrown away as if it holds no meaningful value.”

This essay discusses several reasons to oppose the death penalty in the United States. First, the author cites the Constitution and the Bill of Rights, saying that the death penalty is inhumane and deprives people of life. Human life should be respected, and death should not be responded to with another death. In addition, the author cites evidence showing that the death penalty does not deter crime nor gives closure to victims’ families. 

Check out these essays about police brutality .

“Capital punishment follows the constitution and does not break any of the amendments. Specific people deserve to be punished in this way for the crime they commit. It might immoral to people but that is not the point of the death penalty. The death penalty is not “killing for fun”. The death penalty serves justice. When justice is served, it prevents other people from becoming the next serial killer. It’s simple, the death penalty strikes fear.”

Elliott supports the death penalty, writing that it gives criminals what they deserve. After all, those who commit “small” offenses will not be executed anyway. In addition, it reinforces the idea that justice comes to wrongdoers. Finally, he states that the death penalty is constitutional and is supported by many Americans.

“The letter states that this development of Catholic doctrine is consistent with the thought of the two previous popes: St. Pope John Paul II and Benedict XVI. St. John Paul II maintained that capital punishment should be reserved only for “absolute necessity.” Benedict XVI also supported efforts to eliminate the death penalty. Most important, however, is that Pope Francis is emphasizing an ethic of forgiveness. The Pope has argued that social justice applies to all citizens. He also believes that those who harm society should make amends through acts that affirm life, not death.”

Schmalz discusses the Catholic position on the death penalty. Many early Catholic leaders believed that the death penalty was justified; however, Pope Francis writes that “modern methods of imprisonment effectively protect society from criminals,” and executions are unnecessary. Therefore, the Catholic Church today opposes the death penalty and strives to protect life.

“There are many methods of execution, like electrocution, gas chamber, hanging, firing squad and lethal injection. For me, I just watched once on TV, but it’s enough to bring me nightmares. We only live once and we will lose anything we once had without life. Life is precious and can’t just be taken away that easily. In my opinion, I think Canada shouldn’t adopt the death penalty as its most severe form of criminal punishment.”

Glover’s essay acknowledges reasons why people might support the death penalty; however, he believes that these are not enough for him to support it. He believes capital punishment is inhumane and should not be implemented in Canada. It deprives people of a second chance and does not teach wrongdoers much of a lesson. In addition, it is inhumane and deprives people of their right to life. 

“Let’s be clear: as a former prosecutor, I absolutely and strongly believe there should be serious and swift consequences when one person kills another. I am unequivocal in that belief. We can — and we should — always pursue justice in the name of victims and give dignity to the families that grieve. But in our democracy, a death sentence carried out by the government does not constitute justice for those who have been put to death and proven innocent after the fact.”

This short essay was written by the then-presidential candidate and current U.S. Vice President Kamala Harris to explain her campaign’s stance on the death penalty. First, she believes it does not execute justice and is likely to commit injustice by sentencing innocent people to death. In addition, it is said to disproportionally affect nonwhite people. Finally, it is more fiscally responsible for abolishing capital punishment, as it uses funds that could be used for education and healthcare. 

Essays About Death Penalty

This topic always comes first to mind when thinking of what to write. For a strong argumentative essay, consider the death penalty and list its pros and cons. Then, conclude whether or not it would be beneficial to reinstate or keep the policy. There is an abundance of sources you can gather inspiration from, including the essay examples listed above and countless other online sources.

People have been put to death as a punishment since the dawn of recorded history, but as morals and technology have changed, the application of the death penalty has evolved. This essay will explore how the death penalty has been used and carried out throughout history.

This essay will examine both execution methods and when capital punishment is ordered. A few points to explore in this essay include:

  • Thousands of years ago, “an eye for an eye” was the standard. How were executions carried out in ancient history?
  • The religious context of executions during the middle ages is worth exploring. When was someone burned at the stake?
  • The guillotine became a popular method of execution during the renaissance period. How does this method compare to both ancient execution methods and modern methods?
  • The most common execution methods in the modern era include the firing squad, hanging, lethal injections, gas chambers, and electrocution. How do these methods compare to older forms of execution?

Choose a country, preferably your home country, and look into the death penalty status: is it being implemented or not? If you wish, you can also give a brief history of the death penalty in your chosen country and your thoughts. You do not necessarily need to write about your own country; however, picking your homeland may provide better insight. 

Critics of the death penalty argue that it is anti-poor, as a poor person accused of a crime punishable by death lacks the resources to hire a good lawyer to defend them adequately. For your essay, reflect on this issue and write about your thoughts. Is it inhumane for the poor? After all, poor people will not have sufficient resources to hire good lawyers, regardless of the punishment. 

This is one of the biggest debates in the justice system. While the justice system has been set up to punish, it should also deter people from committing crimes. Does the death penalty do an adequate job at deterring crimes? 

This essay should lay out the evidence that shows how the death penalty either does or does not deter crime. A few points to explore in this essay include:

  • Which crimes have the death penalty as the ultimate punishment?
  • How does the murder rate compare to states that do not have the death penalty in states with the death penalty?
  • Are there confounding factors that must be taken into consideration with this comparison? How do they play a role?

Essays about the Death Penalty: What are the pros and cons of the death penalty vs. Life imprisonment? 

This is one of the most straightforward ways to explore the death penalty. If the death penalty is to be removed from criminal cases, it must be replaced with something else. The most logical alternative is life imprisonment. 

There is no “right” answer to this question, but a strong argumentative essay could take one side over another in this death penalty debate. A few points to explore in this essay include:

  • Some people would rather be put to death instead of imprisoned in a cell for life. Should people have the right to decide which punishment they accept?
  • What is the cost of the death penalty versus imprisoning someone for life? Even though it can be expensive to imprison someone for life, remember that most death penalty cases are appealed numerous times before execution.
  • Would the death penalty be more acceptable if specific execution methods were used instead of others?

Few first-world countries still use the death penalty. However, Japan and the United States are two of the biggest users of the death sentence.

This is an interesting compare and contrast essay worth exploring. In addition, this essay can explore the differences in how executions are carried out. Some of the points to explore include:

  • What are the execution methods countries use? The execution method in the United States can vary from state to state, but Japan typically uses hanging. Is this considered a cruel and unusual punishment?
  • In the United States, death row inmates know their execution date. In Japan, they do not. So which is better for the prisoner?
  • How does the public in the United States feel about the death penalty versus public opinion in Japan? Should this influence when, how, and if executions are carried out in the respective countries?

In the United States, justice is typically administered at the state level unless a federal crime has been committed. So why do some states have the death penalty and not others?

This essay will examine which states have the death penalty and make the most use of this form of punishment as part of the legal system. A few points worth exploring in this essay include:

  • When did various states outlaw the death penalty (if they do not use it today)?
  • Which states execute the most prisoners? Some states to mention are Texas and Oklahoma.
  • Do the states that have the death penalty differ in when the death penalty is administered?
  • Is this sentence handed down by the court system or by the juries trying the individual cases in states with the death penalty?

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Numerous states allow prisoners to select how they will be executed. The most common methods include lethal injections, firing squads, electric chairs, gas chambers, and hanging. 

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Some of the points this essay might explore include:

  • When did these different execution methods become options for execution?
  • Which execution methods are the most common in the various states that offer them?
  • Is one method considered more “humane” than others? If so, why?

One of the topics recently discussed is whether the public should be allowed to view an execution.

There are many potential directions to go with this essay, and all of these points are worth exploring. A few topics to explore in this essay include:

  • In the past, executions were carried out in public places. There are a few countries, particularly in the Middle East, where this is still the case. So why were executions carried out in public?
  • In some situations, individuals directly involved in the case, such as the victim’s loved ones, are permitted to view the execution. Does this bring a sense of closure?
  • Should executions be carried out in private? Does this reduce transparency in the justice system?

Lethal injection is one of the most common modes of execution. The goal is to put the person to sleep and remove their pain. Then, a cocktail is used to stop their heart. Unfortunately, many companies have refused to provide states with the drugs needed for a lethal injection. A few points to explore include:

  • Doctors and pharmacists have said it is against the oath they took to “not harm.” Is this true? What impact does this have?
  • If someone is giving the injection without medical training, how does this impact the prisoner?
  • Have states decided to use other more “harmful” modes of execution because they can’t get what they need for the lethal injection?

There are certain crimes, such as murder, where the death penalty is a possible punishment across the country. Even though minors can be tried as adults in some situations, they typically cannot be given the death penalty.

It might be interesting to see what legal experts and victims of juvenile capital crimes say about this important topic. A few points to explore include:

  • How does the brain change and evolve as someone grows?
  • Do juveniles have a higher rate of rehabilitation than adults?
  • Should the wishes of the victim’s family play a role in the final decision?

The justice system, and its unjust impact on minorities , have been a major area of research during the past few decades. It might be worth exploring if the death penalty is disproportionately used in cases involving minorities. 

It might be worth looking at numbers from Amnesty International or the Innocence Project to see what the numbers show. A strong essay might also propose ways to make justice system cases more equitable and fair. A few points worth exploring include:

  • Of the cases where the death penalty has been levied, what percentage of the cases involve a minority perpetrator?
  • Do stays of execution get granted more often in cases involving white people versus minorities?
  • Do white people get handed a sentence of life in prison without parole more often than people of minority descent?

If you’d like to learn more, our writer explains how to write an argumentative essay in this guide.

For help with your essay, check our round-up of best essay writing apps .

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Martin is an avid writer specializing in editing and proofreading. He also enjoys literary analysis and writing about food and travel.

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The Death Penalty Can Ensure ‘Justice Is Being Done’

A top Justice Department official says for many Americans the death penalty is a difficult issue on moral, religious and policy grounds. But as a legal issue, it is straightforward.

pro death penalty essay conclusion

By Jeffrey A. Rosen

Mr. Rosen is the deputy attorney general.

This month, for the first time in 17 years , the United States resumed carrying out death sentences for federal crimes.

On July 14, Daniel Lewis Lee was executed for the 1996 murder of a family, including an 8-year-old girl, by suffocating and drowning them in the Illinois Bayou after robbing them to fund a white-supremacist organization. On July 16, Wesley Purkey was executed for the 1998 murder of a teenage girl, whom he kidnapped, raped, killed, dismembered and discarded in a septic pond. The next day, Dustin Honken was executed for five murders committed in 1993, including the execution-style shooting of two young girls, their mother, and two prospective witnesses against him in a federal prosecution for methamphetamine trafficking.

The death penalty is a difficult issue for many Americans on moral, religious and policy grounds. But as a legal issue, it is straightforward. The United States Constitution expressly contemplates “capital” crimes, and Congress has authorized the death penalty for serious federal offenses since President George Washington signed the Crimes Act of 1790. The American people have repeatedly ratified that decision, including through the Federal Death Penalty Act of 1994 signed by President Bill Clinton, the federal execution of Timothy McVeigh under President George W. Bush and the decision by President Barack Obama’s Justice Department to seek the death penalty against the Boston Marathon bomber and Dylann Roof .

The recent executions reflect that consensus, as the Justice Department has an obligation to carry out the law. The decision to seek the death penalty against Mr. Lee was made by Attorney General Janet Reno (who said she personally opposed the death penalty but was bound by the law) and reaffirmed by Deputy Attorney General Eric Holder.

Mr. Purkey was prosecuted during the George W. Bush administration, and his conviction and sentence were vigorously defended throughout the Obama administration. The judge who imposed the death sentence on Mr. Honken, Mark Bennett, said that while he generally opposed the death penalty, he would not lose any sleep over Mr. Honken’s execution.

In a New York Times Op-Ed essay published on July 17 , two of Mr. Lee’s lawyers criticized the execution of their client, which they contend was carried out in a “shameful rush.” That objection overlooks that Mr. Lee was sentenced more than 20 years ago, and his appeals and other permissible challenges failed, up to and including the day of his execution.

Mr. Lee’s lawyers seem to endorse a system of endless delays that prevent a death sentence from ever becoming real. But his execution date was announced almost a year ago, and was initially set for last December. It was delayed when his lawyers obtained six more months of review by unsuccessfully challenging the procedures used to carry out his lethal injection.

After an appellate court rejected their claim as “without merit,” the Justice Department rescheduled Mr. Lee’s execution, providing an additional four weeks of notice. Yet on the day of the rescheduled execution, after family members of his victims had traveled to Terre Haute, Ind., to witness the execution, a District Court granted Mr. Lee’s request for further review. That court entered a last-minute reprieve that the Supreme Court has said should be an “extreme exception.”

Given the long delay that had already occurred, the Justice Department asked the Supreme Court to lift the order so the execution could proceed. Mr. Lee’s lawyers opposed that request, insisting that overturning the order would result in their client’s imminent execution. After reviewing the matter, the court granted the government’s request , rebuked the District Court for creating an unjustified last-minute barrier, and directed that the execution could proceed.

In the final minutes before the execution was to occur, Mr. Lee’s lawyers claimed the execution could not proceed because Mr. Lee still had time to seek further review of an appellate court decision six weeks earlier lifting a prior stay of execution. The Justice Department decided to pause the execution for several hours while the appellate court considered and promptly rejected Mr. Lee’s request. That cautious step, taken to ensure undoubted compliance with court orders, is irreconcilable with the suggestion that the department “rushed” the execution or disregarded any law. Mr. Lee’s final hours awaiting his fate were a result of his own lawyers’ choice to assert a non-meritorious objection at the last moment.

Mr. Lee’s lawyers also disregarded the cost to victims’ families of continued delay. Although they note that some members of Mr. Lee’s victims’ families opposed his execution, others did not. Nor did the family members of Wesley Purkey’s victim, Jennifer Long, who were in Terre Haute on Wednesday afternoon. When the District Court again imposed another last-minute stoppage, granting more time for Mr. Purkey’s lawyers to argue (among other things) that he did not understand the reason for his execution, the Justice Department again sought Supreme Court review.

As the hours wore on, Justice Department officials asked Ms. Long’s father if he would prefer to wait for another day. The answer was unequivocal: He would stay as long as it took. As Ms. Long’s stepmother later said, “We just shouldn’t have had to wait this long.” The Supreme Court ultimately authorized the execution just before 3 a.m. In his final statement, Mr. Purkey apologized to “Jennifer’s family” for the pain he had caused, contradicting the claim of his lawyers that he did not understand the reason for his execution.

The third execution, of Dustin Honken, occurred on schedule, but still too late for some of his victims’ families. John Duncan — the father of the victim Lori Duncan and grandfather of her slain daughters, Kandace (age 10) and Amber (age 6) — had urged Mr. Honken’s execution for years. As John Duncan was dying of cancer in 2018, he asked family members to promise they would witness the execution on his behalf. On July 17, they did. “Finally,” they said in a statement, “justice is being done.”

Mr. Lee’s lawyers and other death penalty opponents are entitled to disagree with that sentiment. But if the United States is going to allow capital punishment, a white-supremacist triple murderer would seem the textbook example of a justified case. And if death sentences are going to be imposed, they cannot just be hypothetical; they eventually have to be carried out, or the punishment will lose its deterrent and retributive effects.

Rather than forthrightly opposing the death penalty and attempting to change the law through democratic means, however, Mr. Lee’s lawyers and others have chosen the legal and public-relations equivalent of guerrilla war. They sought to obstruct by any means the administration of sentences that Congress permitted, juries supported and the Supreme Court approved. And when those tactics failed, they accused the Justice Department of “a grave threat to the rule of law,” even though it operated entirely within the law enacted by Congress and approved by the Supreme Court. The American people can decide for themselves which aspects of that process should be considered “shameful.”

Jeffrey A. Rosen is the deputy attorney general.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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84 Capital Punishment Essay Topics & Examples

If you’ve looked for capital punishment essay topics, you’re in luck! Below, our experts have collected some death penalty title ideas and samples for your paper.

📝 Capital Punishment Essay Writing Tips

✔️ top death penalty title ideas, 🏆 best death penalty essay titles & examples, 💡 most interesting death penalty topics to write about, ❓ capital punishment research questions.

Capital punishment has been a debatable issue for decades. Some people believe that the death penalty plays a crucial role in the criminal justice system, while others think that this procedure is highly unethical.

An essay on capital punishment may be a challenging assignment because students should know much about the subject. Do not worry, we have got you covered! Read this article until the end and learn some important tips on writing capital punishment essays.

Start with choosing the subject for your paper. Here are some capital punishment essay topics that you can use:

  • Capital punishment in the media
  • Crime and punishment in today’s world: Death penalty
  • Capital punishment essay: Arguments against death penalty
  • The legal and ethical implications of capital punishment
  • Capital punishment should be forbidden: Anti-death penalty arguments
  • Why capital punishment may target the poor
  • Death penalty: An issue of life and death

Remember that these are just examples of topics and titles for your paper. You can choose any related capital punishment essay titles. Once you have selected a topic of your essay, you can start working on the assignment. Here are the key points you should use to write an outstanding essay:

  • Study the subject thoroughly. Use reliable sources to analyze the legal and ethical aspects of the death penalty. Select the sources you will use in the paper and remember that they should be credible.
  • A well-developed outline is key. Make sure that your paper includes an introduction, a conclusion, and several body paragraphs.
  • If you are not sure about the structure of your paper, check out essays online to see how they are organized. This step can also help you to see whether the selected problem is relevant. Remember that you should avoid copying the information you will find online. Plagiarism will make your essay look unreliable and get you a bad grade.
  • Remember that you should present your capital punishment essay thesis in the last sentence of your introductory paragraph. Hint: Start working on your introductory paragraph after you research the subject. It will help you to present the background information correctly.
  • Identify the goals of your paper clearly. Do you want to prove your point or provide insight on the issue? Answer these questions before starting to work on your assignment.
  • Define capital punishment. You can discuss its legal implications, its prevalence in different countries, and the offenses that can potentially lead to a death penalty.
  • When working on an opinion piece, state your viewpoint clearly. Do you think that all countries should legalize death penalties? Do you believe that capital punishment is unethical? Do some offenders deserve a death penalty more than others do? Answer these questions in detail.
  • Remember that the purpose of your paper should be to help the reader understand capital punishment better. Your essay should motivate the audience to develop an opinion about the subject.
  • Always support your arguments with evidence. Cite articles in an appropriate style (MLA, APA, Harvard, or other). The best type of sources for your paper is peer-reviewed articles and other scholarly publications.
  • Restate your arguments and the thesis in a concluding section. Provide a summary of your findings along with recommendations for future research.

Need more ideas for your essay? Check out our free samples on the website!

  • Why should the death penalty be abolished?
  • What are some unusual punishments for crimes?
  • Can the death penalty be compared to killing in cold blood?
  • Is life imprisonment more just than the death penalty?
  • Reasons to criticize capital punishment in China.
  • Analyzing A Descending Spiral by Marc Bookman.
  • What are the pros of capital punishment?
  • Executing the innocent people: the issue of mistake.
  • Abolishing the death penalty in Texas.
  • Serial killers sentenced to capital punishment.
  • Death Penalty: Utilitarian View on Capital Punishment Another significant benefit offered by the death penalty to the society is that it leads to the permanent incapacitation of the convicted person.
  • Capital Punishment in the UK Should be Reintroduced? ‘Capital Punishment’ or the ‘Death Penalty’ is the judicially ordered, lawful infliction of death as a punishment for a serious crime called a ‘capital offence’ or a ‘capital crime.
  • Capital Punishment and Deterrence of Crime For the case of murder or crimes that necessitate capital punishment, the incentive to commit murder is directly related to the uncertainties that punishments for the crime will generate.
  • Analysis: Speech In Favor of Capital Punishment by John Stuart Mills Mills rightly points out that the very grounds of humanity used to support the removal of the death penalty should also be the ones used to support retaining of the sentence.
  • Capital Punishment: Proponents and Opponents Arguements The opponents of capital of capital punishment argue that it is not a just and humane way of punishing heinous criminals in the society because everybody has right to life.
  • Capital Punishment: A Critical Evaluation of Its Appropriateness in Modern Society In line with the above argument, supporters of capital punishment argue that the practice permanently removes thieves, murderers, rapists, and other criminals from the face of society, in the process making it safer for compliant […]
  • Capital Punishment: Advantages and Disadvantages This paper examines death penalty from an impartial view by considering disadvantages and advantages of capital punishment in society. Thirdly, Teeters views that death penalty is a retribution action in which a victim is punished […]
  • The Death Penalty in the Modern Society The cost of maintenance of the convicted individuals is also one of the reasons that necessitate the death penalty. The reaffirmation of the death penalty is also attributed to the teachings portrayed by most religions.
  • Capital Punishment Role in the World However, it is wrong and unjustified because it is inhuman, unfair, violates the human right to life, and it does not aid in reduction of crime.
  • Capital Punishment and the Death Penalty 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.
  • Capital Punishment Is Morally and Legally Wrong The problem of the death penalty is complex and multifaceted. It affects the political, legal, moral, cultural, and other fields of life.
  • Justifications for Capital Punishment This statement mostly appeals to a general deterrence argument, as the fear of punishment emerged from showing its implementation, but not from other justifications effects.
  • The Significance of Capital Punishment in the UAE Current analysis of the importance of the death penalty worldwide focuses on the advantages and disadvantages of the punishment. The UAE has a mandatory death penalty which is susceptible to the judgment of authorities and […]
  • Capital Punishment: Utilitarianism and Retributivism Theories However, to rule out chances of an innocent person being punished, the theory advocates for justice; before punishment is administered, the court should proof beyond reasonable doubt that the accused is guilty.
  • Capital Punishment Interpretation and Exceptions Under custody, the law applies to cases in which the conditions of custody are compromised and to situations where the suspect is held unfairly. The suspect responded with a yes and this was used as […]
  • Capital Punishment Debates: Death Penalty The capital punishment has been practiced in almost all the societies and all epochs in the development of the mankind. The author educates the society as a whole on litigious issues of the death penalty […]
  • Capital Punishment in Florida The system is erroneous and cases that almost end up in the ‘chair’ are overturned contrary to the expectations of the family members of the murdered.
  • Capital Punishment: Term Definition In that regard, taking such issues such as euthanasia, abortion and capital punishment, the latter can be considered as the most delicate, especially considering many cases that represent exceptions that are feared to be repeated.
  • Capital Punishment – Moral or Immoral? It would not be a futile exercise to interpret capital punishment in the light of religion before proceeding to the subject of my argument. Countries that give importance to such punishments should tone down and […]
  • Capital Punishment in the US Analysis Capital Punishment is the lawful infliction of death as a punishment for a major crime. The first argument against Capital Punishment is that it is inhumane.
  • An Orwellian Look at Capital Punishment His reaction to the actual hanging of a puny Hindu man borders on a strategy of remaining as a detached viewer and subconsciously, his gorge rises at the thought of a human being with a […]
  • Public Opinion on Capital Punishment for Juveniles This essay is a study of the public opinion on Capital Punishment for juveniles, this is a very controversial subject as many people are against Captial punishment, and many are for life imprisonment, capital punishment […]
  • Capital Punishment and Race Factor in the US First of all, it is necessary to briefly discuss the history of race in the U.S.to provide a foundation for the bias and explain its causes.
  • The Controversy Over Capital Punishment It is as a result of this that he concludes that Ford calls for the execution of capital punishment as a penalty in criminal offences.
  • Capital Punishment in Melville’s “Billy Budd, Sailor” One of the reasons for the triumph of Billy Budd, Sailor in America and the United Kingdom, was the precision, with which the author portrayed the historical and cultural context, particularly Melville analyzed both issues […]
  • Capital Punishment in Indonesia The government is also known to safeguard the details of capital punishment in the country. The targeted prisoners are “executed in the middle of the night”.
  • Capital Punishment, Its Ethics and Infair Justice The main factors leading to differences in stands between the anti-capital punishment and pro-death are the morality and religious issues surrounding the matter.
  • Capital Punishment and Unusual Punishment The issue of capital punishment has always been on the radar of the Supreme Court of the United States. The key question that should be answered is the future of capital punishment and unusual punishment […]
  • Capital Punishment in United States The most compelling argument in support of capital punishment is that failing to execute murderers may in itself put more lives in danger.
  • Debates on Capital Punishment in the US For example, capital punishment is the best punishment for murder because it is equal to the crime. Thirdly, capital punishment is a violation of the human right to life.
  • The Ethical and Legal Standards of Capital Punishment This is one of the details that should be considered. This is one of the pitfalls that should be avoided.
  • Isolation and Capital Punishments On the other hand, capital punishments such as deaths deprives of people the freedom of life and goes against God’s command which disallows intentional killings of persons, or murder. Similarly, capital punishment in the form […]
  • Does the Death Sentence Offer Justice to the Criminal? It is not enough to be locked in prison for ending the life of a fellow human being. Revenge is one of the ways that can be used.
  • The Consequences of Capital Punishment The appeals in the death penalty cases are usually many and cause the social costs of the cases to be even more expensive.
  • Moral Issue of Capital Punishment Capital punishment is also a form of premeditated death as the action is planned for, does it mean that the state has the right to premeditate deaths for some of its citizens because they are […]
  • The Death Penalty Debate in the United States of America The punishment is believed to have been there even at the time of the earlier colonies of the United States; it as well continued to be in force within the states that came to form […]
  • Psychological Aspects of Capital Punishment According to research done by Freedman and Hemenway on a group of death row inmates, it was established that almost a two-thirds of the death row inmates are retarded.
  • Avoiding of Capital Punishment Capital punishment is also unnecessary since there are better ways of punishing criminals such as life imprisonment to keep the society in order and at peace.
  • The Economic Significance of Capital Punishment The survival of any civilization hinges on the establishment of laws and codes of conduct and the subsequent obeying of the same by the society’s members.
  • Capital Punishment in Modern American History: Lists of Capital Crimes That Varied From Region to Region Politicians are frequently trying to expand the scope of capital punishment by bringing in a host of crimes under it.”The US public has deep concern over violent crimes due to the cynical manipulation of capital […]
  • Analysis of Capital Punishment in the Films Those for the death penalty in the movie are represented by Ramunda who becomes a strong advocate for the death penalty and in many instances, is a counterpart of Cushing.
  • Capital Punishment Legislation The main reasons that opponents of the death penalty give for their position are, the fact that the death penalty is inhumane and cruel.
  • Capital Punishment as an Option in Maryland Death penalty is the most serious punishment that can be used by the government against people; and even if it costs less then keeping a person in jail till the end of his/her life and […]
  • Capital Punishment in Political View This is because quiet a number of the abolitions have been associated with democratic developments in political systems of the countries that have abolished the penalties. Conservatives have in the United States been strongly opposed […]
  • What Does Capital Punishment Mean in History?
  • How Can Death Penalty Prevent Repeat Offenders?
  • Why Should Capital Punishment Be Reinstated in Australia?
  • How Objective and Justifiable Are Our Reasons for Enforcing the Death Penalty?
  • Does Capital Punishment Have a Deterrent Effect?
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  • Should Federal Courts Review State Death Penalty Cases?
  • Can Capital Punishment Ever Be Justified?
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  • Does the Death Penalty Breach Human Rights?
  • Can Capital Punishment Keep Us Safe?
  • Should the Death Penalty Be a Part of the System of Justice?
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  • Should the Death Penalty Be Enforced?
  • How Does Capital Punishment Affirm Life?
  • Should the Death Penalty Be Imposed for Drug Offences?
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  • How Does Capital Punishment Work in the United States?
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  • Does Race Affect the Way of Capital Punishment?
  • What Crimes Are Charged With Death Penalty?
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  • What Effects Does the Death Penalty Cause on Society?
  • How Does Legislation Help to Prevent Racial Bias in Death Penalty Convictions?
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  • Does Jodi Arias Deserve the Death Penalty?
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Home — Essay Samples — Social Issues — Human Rights — Death Penalty

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Argumentative Essays on Death Penalty

It's difficult to write about the complex and often controversial subject of the death penalty. Selecting an engaging and personally resonant essay topic is crucial for a successful academic endeavor. We emphasize the importance of creativity in this process and aims to make the information accessible to students of varying academic levels. Let's embark on this journey together, exploring topics that not only challenge but also expand our understanding and critical thinking skills.

Essay Topics by Type

Below, you'll find a curated list of essay topics categorized by type, each with a distinct focus ranging from technology and society to personal growth and academic interests.

Argumentative Essay Topics

  • The Morality of the Death Penalty: Is it a justified form of punishment?
  • Cost Implications: Comparing the economic impact of the death penalty versus life imprisonment.
  • Effectiveness as a Deterrent: Does the death penalty truly deter crime?

Compare and Contrast Essay Topics

  • Death Penalty Practices Worldwide: How different countries approach capital punishment.
  • Historical vs. Modern Perspectives: The evolution of the death penalty in the legal system.

Descriptive Essay Topics

  • A Day in the Life: Describing the process of a death penalty case from verdict to execution.
  • Public Perception: How media representations influence views on the death penalty.

Persuasive Essay Topics

  • Abolition Arguments: Persuading against the continuation of the death penalty in modern society.
  • Rehabilitation over Retribution: The case for prioritizing rehabilitation for criminals.

Narrative Essay Topics

  • Personal Testimony: Narratives from families affected by the death penalty.
  • Life on Death Row: A day in the life of a death row inmate, based on real accounts and research.

Introduction Paragraphs

Each essay topic comes with a suggested introductory paragraph to kickstart your writing process.

The Morality of the Death Penalty

In the debate over the death penalty, the crux of the argument often revolves around its moral standing. This essay will explore the multifaceted dimensions of capital punishment, questioning its justification as a punitive measure. Thesis Statement: Despite its intention to serve justice, the death penalty raises significant ethical concerns, challenging the principles of human rights and dignity.

Death Penalty Practices Worldwide

Capital punishment varies significantly across different cultural and legal landscapes. This essay aims to compare and contrast the application of the death penalty in various countries, shedding light on the global diversity of justice. Thesis Statement: A comparative analysis reveals profound differences in ethical, legal, and procedural frameworks governing the death penalty, reflecting broader societal values and norms.

Conclusion Paragraphs

Concluding paragraphs are crafted to summarize the main points and reinforce the thesis, adding a final reflection or call to action.

This essay has traversed the ethical landscape surrounding the death penalty, examining its complex implications on society and the justice system. The evidence suggests that the moral costs of capital punishment far outweigh its purported benefits. Final Reflection: In the pursuit of a more humane and just society, abolishing the death penalty emerges as a necessary step forward.

Through a comparative lens, we have explored the diverse approaches to the death penalty, revealing a spectrum of global attitudes towards justice and punishment. These differences underscore the influence of cultural, legal, and ethical considerations in shaping capital punishment policies. Call to Action: It is imperative for nations to reevaluate their stance on the death penalty in light of international human rights standards.

Analysis of Executions Should Be Televised

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Ending Death Penalty: a Stand for Justice and Dignity

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Pro Death Penalty: Uncovering The Good Side in The Evil

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The death penalty, known as capital punishment, refers to the act of carrying out the prescribed execution of a convicted offender who has been sentenced to death by a court of law for committing a criminal offense.

The history of the death penalty stretches back thousands of years. Its origins can be traced to ancient civilizations such as Mesopotamia, where various forms of execution were practiced, including hanging, beheading, and stoning. Throughout history, the death penalty has been used by different societies as a means of punishment for a range of offenses. In medieval Europe, the death penalty became more prevalent, with common methods including burning at the stake, drawing and quartering, and hanging. The practice was often carried out publicly as a form of deterrence and to demonstrate the power of the ruling authority. Over time, there have been shifts in public opinion and legal systems regarding the death penalty. In the 18th century, the Enlightenment era brought forth ideas of human rights and the reformation of justice systems, leading to calls for the abolition of cruel and excessive punishments. In the modern era, many countries have abolished the death penalty, considering it a violation of human rights and the right to life. However, the death penalty remains in practice in several countries around the world, albeit with varying degrees of usage and controversy.

Iran, Egypt, Saudi Arabia, Syria, United States, Japan, Taiwan, China, India, North Korea, Singapore, Iraq, Vietnam, Yemen, Somalia, Bangladesh, South Sudan, etc.

Hanging, shooting, lethal injection, beheading, stoning, inert gas asphyxiation, electrocution and gas inhalation.

Furman v. Georgia: In 1972, this groundbreaking legal case had a profound impact on the death penalty in the United States. The Supreme Court's decision resulted in a temporary suspension of capital punishment across the nation. The ruling declared that the arbitrary application of the death penalty violated the Eighth and Fourteenth Amendments of the Constitution. Consequently, states were compelled to revise their death penalty laws in order to address concerns of arbitrariness and ensure a fairer application of the ultimate punishment. The Troy Davis case: Troy Davis, who was convicted of murder in Georgia in 1991, garnered international attention and raised substantial doubts about the fairness and accuracy of the death penalty. Despite maintaining his innocence until his execution in 2011, his case shed light on issues such as the reliability of eyewitness testimony, the potential for racial bias within the criminal justice system, and the inherent risk of wrongful convictions.

Public opinion on the death penalty is diverse and varies across different countries and cultures. However, there are several common trends and perspectives. Supporters of the death penalty argue that it serves as a deterrent to crime and provides justice for victims and their families. They believe that certain crimes warrant the ultimate punishment and that the death penalty acts as a form of retribution. On the other hand, opponents of the death penalty raise concerns about its morality, effectiveness, and potential for wrongful convictions. They argue that capital punishment violates the right to life, promotes violence, and is irreversible in cases of wrongful execution. Many argue that the justice system is fallible and prone to errors, raising questions about the reliability and fairness of capital punishment. Public opinion on the death penalty has been shifting in some countries, with a growing trend towards abolition. Factors such as evolving societal values, concerns about human rights, and the recognition of the potential for errors and biases within the justice system have contributed to changing perspectives.

1. Deterrence. 2. Retribution. 3. Justice for victims. 4. Cost-effectiveness. 5. Upholding societal values.

1. Irreversibility. 2. Human rights. 3. Ineffectiveness as a deterrent. 4. Racial and socioeconomic biases. 5. Moral and ethical considerations.

The topic of the death penalty is of paramount importance due to its profound implications on society, justice, and human rights. It raises fundamental questions about punishment, ethics, and the role of the state in administering justice. The death penalty sparks intense debates on multiple fronts, including its effectiveness as a deterrent, the potential for wrongful convictions, and the moral implications of state-sanctioned killing. Examining the death penalty forces us to confront inherent biases and flaws within the criminal justice system, such as racial and socioeconomic disparities in sentencing. It prompts discussions on the irreversibility of capital punishment and the risks of executing innocent individuals. Moreover, it demands an exploration of alternative approaches to punishment, rehabilitation, and the potential for reforming criminal justice systems.

The topic of the death penalty is highly relevant and worth exploring in an essay for students due to its interdisciplinary nature and profound societal impact. Writing an essay on this subject provides an opportunity for students to delve into complex ethical, legal, and social issues. Studying the death penalty encourages critical thinking and analysis of the justice system, including questions about fairness, human rights, and the potential for error. It prompts students to examine the moral implications of state-sanctioned killing and grapple with issues of punishment and rehabilitation. Furthermore, researching the death penalty enables students to explore the historical and cultural aspects of capital punishment, analyzing its evolution and variations across different societies. They can investigate case studies, legal precedents, and empirical evidence to evaluate the effectiveness, equity, and potential biases associated with the death penalty.

1. In 2020, Amnesty International reported that at least 483 executions were carried out in 18 countries worldwide. The top five executing countries were China, Iran, Egypt, Iraq, and Saudi Arabia. 2. According to the Death Penalty Information Center, as of April 2021, 185 innocent individuals have been exonerated and released from death row in the United States since 1973. 3. The United States is among the few Western democracies that still retain the death penalty. However, its use has significantly declined over the years. In 2020, the country recorded the lowest number of executions (17) in nearly three decades.

1. Donohue III, J. J., & Wolfers, J. (2009). Estimating the impact of the death penalty on murder. American Law and Economics Review, 11(2), 249-309. (https://academic.oup.com/aler/article-abstract/11/2/249/232287) 2. Goldberg, A. J., & Dershowitz, A. M. (1970). Declaring the death penalty unconstitutional. Harvard Law Review, 1773-1819. (https://www.jstor.org/stable/1339687) 3. Soss, J., Langbein, L., & Metelko, A. R. (2003). Why do white Americans support the death penalty?. The Journal of Politics, 65(2), 397-421. (https://www.journals.uchicago.edu/doi/abs/10.1111/1468-2508.t01-2-00006) 4. Banner, S. (2022). The death penalty. In The Death Penalty. Harvard University Press. (https://www.degruyter.com/document/doi/10.4159/9780674020511/html) 5. Hoyle, C. (2008). Death Penalty. In Elgar Encyclopedia of Human Rights. Edward Elgar Publishing. (https://www.elgaronline.com/display/book/9781789903621/b-9781789903621.death.penalty.xml) 6. Radelet, M. L., & Borg, M. J. (2000). The changing nature of death penalty debates. Annual Review of Sociology, 26(1), 43-61. (https://www.annualreviews.org/doi/abs/10.1146/annurev.soc.26.1.43) 7. Vidmar, N., & Ellsworth, P. (1973). Public opinion and the death penalty. Stan. L. Rev., 26, 1245. (https://heinonline.org/HOL/LandingPage?handle=hein.journals/stflr26&div=63&id=&page=) 8. Donohue, J. J., & Wolfers, J. (2006). Uses and abuses of empirical evidence in the death penalty debate. (https://www.nber.org/papers/w11982) 9. Ellsworth, P. C., & Gross, S. R. (1994). Hardening of the attitudes: Americans' views on the death penalty. Journal of social Issues, 50(2), 19-52. (https://spssi.onlinelibrary.wiley.com/doi/abs/10.1111/j.1540-4560.1994.tb02409.x) 10. Wolfgang, M. E., & Riedel, M. (1973). Race, judicial discretion, and the death penalty. The Annals of the American Academy of Political and Social Science, 407(1), 119-133. (https://journals.sagepub.com/doi/pdf/10.1177/000271627340700110)

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pro death penalty essay conclusion

The Ethical and Practical Failings of the Death Penalty

This essay about the death penalty argues that it is fundamentally wrong due to ethical, practical, and systemic issues. It highlights the violation of human rights, the risk of wrongful executions, and the failure of the death penalty to deter crime effectively. Additionally, it points out the significant economic burden it imposes on the judicial system and the deep-seated biases and inequalities in its application. The psychological impact on those involved in its administration is also discussed. The essay concludes that abolishing the death penalty in favor of more humane and effective approaches to justice would uphold the dignity of human life and contribute to a more equitable society.

How it works

One of the most contentious issues in the fields of criminal justice and human rights is still the death penalty. Many contemporary nations are debating the morality, effectiveness, and ramifications of the death penalty despite its historical roots. There are many reasons why the death sentence is inherently immoral, ranging from moral conundrums to pragmatic issues.

Human rights are inherently violated by the death sentence, which is one of the strongest grounds against it. The idea that each and every person has the right to life and dignity is the foundation of human rights.

By its inherent nature, the death penalty completely violates human rights. The state-approved, irreversible act of terminating a life creates a risky precedent that diminishes the value of human life. Furthermore, there is a serious possibility of erroneous executions. Since new information is frequently discovered too late, there is not always a guarantee that someone on death row will remain acquitted. This is evidence that legal systems are imperfect. Due to the death penalty’s irreversible nature, any errors made after an execution made cannot be corrected, leading to an unjust and tragic loss of life.

In addition to the moral arguments, the death penalty fails to serve as an effective deterrent to crime. Numerous studies have shown that the death penalty does not significantly reduce crime rates compared to life imprisonment. The assumption that harsher punishments lead to lower crime rates oversimplifies the complex social, economic, and psychological factors that drive criminal behavior. Instead, a more rehabilitative approach to justice, focusing on prevention, education, and social support, has proven to be more effective in reducing crime in the long term. By addressing the root causes of criminal behavior, society can foster an environment where crime is less likely to occur, rather than relying on the fear of capital punishment.

The economic burden of the death penalty also raises significant concerns. Contrary to popular belief, the process of prosecuting and executing a death sentence is far more costly than sentencing an individual to life imprisonment without parole. The extensive legal proceedings required to ensure a fair trial, including numerous appeals and lengthy trials, place a substantial financial strain on the judicial system. These funds could be better allocated to crime prevention programs, victim support services, and other areas that contribute to the overall well-being of society. By diverting resources away from the costly death penalty process, communities can invest in initiatives that have a more profound and positive impact on public safety and justice.

Furthermore, the application of the death penalty often reveals deep-seated biases and inequalities within the judicial system. Studies have shown that factors such as race, socioeconomic status, and geography can significantly influence who is sentenced to death. Minority groups and those from disadvantaged backgrounds are disproportionately represented on death row, highlighting systemic injustices. This disparity not only undermines the principle of equal justice under the law but also perpetuates cycles of discrimination and inequality. A justice system that claims to be fair and impartial cannot condone a practice that so blatantly reflects and reinforces social biases.

The psychological impact of the death penalty on those involved in its administration also warrants attention. Executioners, prison staff, and even judges and jurors can experience severe emotional and psychological distress as a result of their participation in the process. The act of taking a life, even in a legal context, can lead to long-term mental health issues and moral injury. These often-overlooked consequences further illustrate the pervasive harm caused by capital punishment, extending beyond the individuals directly affected by its implementation.

In conclusion, the death penalty is an inadequate form of punishment in contemporary society due to a number of ethical, practical, and structural problems. It infringes upon fundamental human rights, is a poor deterrent to crime, causes heavy financial costs, and exacerbates social injustices. It also causes psychological damage to those who carry out its implementation. Society may respect human life and strive toward a more just and equitable system for all by doing away with the death penalty and concentrating on more compassionate and successful methods to justice.

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Death Penalty Essay Introduction — a Quick Guide

Table of Contents

The death penalty is a state-sanctioned practice where an individual is executed for an offense punishable through such means. Death penalty essay is a common topic given to students where the essay writer argues this controversial issue and takes a stand. The death penalty essay intro consists of the opening sentence, the background information, and the thesis statement.

Writing a compelling introduction isn’t easy. But with the tips and examples in this guide, you’ll be able to write a captivating introduction.

What Is a Death Penalty Essay?

The death penalty is the practice of executing a person guilty of capital murder, a crime in which the loss of life is intentional. This method of punishment has been around for as long as human civilization.

The death penalty has been controversial for a long time, with people on both sides of the fence. Supporters claim it works to deter crime, but there is no evidence to prove it. Opposers claim it is cruel and is not the best way to serve justice. 

A death penalty essay argues for or against the death penalty. This essay topic is a typical assignment given to college students. Common death penalty essay topics are as follows:

  • About the Death Penalty
  • Does the Death Penalty effectively deter crime?
  • The Death Penalty should not be legal
  • The Death Penalty should be abolished.
  • Death Penalty and Justice
  • Pro-Death Penalty
  • Is the Death Penalty Morally Right?
  • Death Penalty is Immoral
  • Religious Values and Death Penalty
  • Ineffectiveness of Death Penalty
  • Punishment and the Nature of the Crime
  • The Death Penalty and Juveniles.
  • Is the Death Penalty Effective?
  • The Death Penalty is Politically Just
  • The Death Penalty: Right or Wrong?
  • Abolishment of the Death Penalty
  • The Death Penalty and People’s Opinions
  • Is Death Penalty Humane?

How to Write an Interesting Death Penalty Essay Intro

Like other essays, the death penalty essay intro comprises three parts. The hook, a strong opening sentence, grips the reader, sparks their curiosity, and compels them to read the rest of the piece.

Subsequent sentences provide background information on the topic and define the argument’s terms. The last part is the thesis statement, which summarizes the central focus of the essay.

1. the Opening Sentence/Hook

The hook is a statement that grips the reader’s attention and makes them want to read on . The hook should be an exciting statement that sparks the readers’ curiosity, and sets the tone for the essay. It should give an overview of the topic. You could begin with a thought-provoking question, an interesting quote, an exciting anecdote, or a shocking statistic or fact. 

2. Background Information

Provide more information about the subject you are discussing. Create context and give background information on the topic. It could be a social or historical context. Define key terms that the reader might find confusing and clearly but concisely state why the issue is important.

3. Thesis Statement

The thesis statement is the overarching idea – the central focus of the essay. It summarizes the idea that you’ll be explaining throughout the entirety of the piece. Once this statement has been established, you’ll smoothly transition into the main body of your essay. Make the thesis clear and concise. 

Death Penalty Essay Introduction Example

Does the death penalty deter crime, especially murder? The death penalty has been controversial for years. Over the years, public opinion about the death penalty seems to have changed. But there are still people who think it is a proper punishment. I have heard the phrase “An eye for an eye” most of my life. Most people firmly believe that if a criminal took someone’s life, their lives should be taken away too. But I don’t think that will discourage anyone from committing crimes. I believe that the criminal should be given a lighter punishment. 

person writing on brown wooden table near white ceramic mug

The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases.

A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber , followed by background information on the topic and then the thesis statement.

Death Penalty Essay Introduction — a Quick Guide

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Abir is a data analyst and researcher. Among her interests are artificial intelligence, machine learning, and natural language processing. As a humanitarian and educator, she actively supports women in tech and promotes diversity.

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  4. Reasons Why the Death Penalty is Wrong: [Essay Example], 1370 words GradesFixer

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  6. Cost of the Death Penalty

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COMMENTS

  1. 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 ...

  2. Top 10 Pro & Con Arguments

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

  3. Should the Death Penalty Be Abolished?

    In the July Opinion essay "The Death Penalty Can Ensure 'Justice Is Being Done,'" Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:

  4. Argumentative Paper on the Pros of the Death Penalty

    The death penalty ensures that some of the society's most vicious criminals; murderers, arsons, etc. are rid off the society for good. The society can therefore continue without fear of there undesirable elements every coming back and causing chaos. From an economic point on view, the cost of maintaining prisoners in the correctional ...

  5. Death Penalty Free Essay Examples And Topic Ideas

    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. The Death Penalty: Arguments and Alternative Solutions

    Arguments against the Death Penalty. A. Human rights. One of the strongest arguments against the death penalty is that it violates the right to life as stated in various international human rights conventions. Critics argue that the death penalty is a form of cruel and inhumane punishment, as it involves intentionally taking a person's life.

  7. Common Pro-Death Penalty Arguments

    Depending on one's perspective, however, the death penalty may not actually represent justice for victims. 01. of 05. "The Death Penalty Is an Effective Deterrent". This is probably the most common argument in favor of capital punishment, and there's actually some evidence that the death penalty may be a deterrent to homicide, but it's a very ...

  8. The Pros of The Death Penalty: a Comprehensive Analysis

    Conclusion. In conclusion, the pros of the death penalty revolve around the potential deterrent effect on violent crime, the concept of retributive justice, and the cost-effectiveness compared to alternatives. While these arguments provide a foundation for supporting the death penalty, it is important to acknowledge the opposing viewpoints and ...

  9. 5 Death Penalty Essays Everyone Should Know

    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.

  10. The Pros and Cons of the Death Penalty

    This essay about the death penalty explores the contrasting viewpoints on its use, emphasizing its role as both a deterrent and a moral dilemma. ... In conclusion, the death penalty continues to stand as a divisive and contentious issue, eliciting passionate discourse and fervent debate. ... The Pros And Cons Of The Death Penalty. (2024, Apr 29 ...

  11. Essays About the Death Penalty: Top 5 Examples and Prompts

    In addition, it is inhumane and deprives people of their right to life. 5. The death penalty by Kamala Harris. "Let's be clear: as a former prosecutor, I absolutely and strongly believe there should be serious and swift consequences when one person kills another. I am unequivocal in that belief.

  12. The Death Penalty Can Ensure 'Justice Is Being Done'

    As John Duncan was dying of cancer in 2018, he asked family members to promise they would witness the execution on his behalf. On July 17, they did. "Finally," they said in a statement ...

  13. 84 Death Penalty Title Ideas & Essay Samples

    Capital punishment has been a debatable issue for decades. Some people believe that the death penalty plays a crucial role in the criminal justice system, while others think that this procedure is highly unethical. An essay on capital punishment may be a challenging assignment because students should know much about the subject.

  14. The Death Penalty: Pros and Cons

    The death penalty puts the scales of justice back in balance after they were unfairly tipped towards the criminal. The morality of the death penalty has been hotly debated for many years. Those opposed to the death penalty say that it is immoral for the government to take the life of a citizen under any circumstance.

  15. Pros and Cons of Death Penalty

    Some of the cons of capital punishment include the following; Death penalty is a great burden to taxpayers financially because the actual cost of carrying out capital punishment is approximated to be 2-5 times higher than leaving the offender in prison for as many years as possible. The process of reaching the final ruling as to whether to hang ...

  16. Pro Death Penalty

    The death penalty is depicted as the approved and force, jail slaughtering of a man or lady as discipline for a criminal offense that was perpetrated a wrongdoing. It is an administration endorsed development that\'s oftentimes alluded to as the \'death penalty\' in the US. Wrongdoings that are qualified for a sentence of the death ...

  17. Argument Essay on Pro Death Penalty

    The death penalty, also known as Capital Punishment is the most egregious and very controversial punishment, that's why I chose to talk about it in my report. Capital punishment is only sentenced to crimes of the worst sort, such as murders, terrorists, and maybe rapists. Capital punishment has engendered ubiquitous arguments debating whether ...

  18. Pro Death Penalty Essay

    Pro Death Penalty Essay. Good Essays. 965 Words. 4 Pages. 3 Works Cited. Open Document. Capital punishment and the practice of the death penalty is an issue that is passionately debated in the United States. Opponents of the death penalty claim that capital punishment is unnecessary since a life sentence accomplishes the same objective.

  19. ≡Essays on Death Penalty: Top 10 Examples by GradesFixer

    1 page / 454 words. The death of a moth may seem like a trivial event, but Virginia Woolf's essay "The Death of the Moth" suggests otherwise. Through her vivid and poetic language, Woolf portrays the inevitability of death and the fragility of life. In this essay, I will analyze... Death Penalty. 4.

  20. A Position Paper On The Death Penalty in The Philippines

    The conclusion is that the death penalty is a debatable issue with reasonable arguments on both sides. This paper discusses the arguments for and against the death penalty in the Philippines. It outlines the history of the death penalty in the country and how it has been imposed at different times. The paper examines counter arguments such as ...

  21. The Ethical and Practical Failings of the Death Penalty

    In conclusion, the death penalty is an inadequate form of punishment in contemporary society due to a number of ethical, practical, and structural problems. It infringes upon fundamental human rights, is a poor deterrent to crime, causes heavy financial costs, and exacerbates social injustices.

  22. Death Penalty

    The death penalty system costs California $137 million per year while a system with lifelong imprisonment as the maximum penalty would cost $11.5 million, an almost 92% decrease in expense. The statistics are lower but comparable across other states including Kansas, Tennessee, and Maryland. [ 25]

  23. Death Penalty Essay Introduction

    The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases. A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber, followed by ...

  24. Death Penalty Essay Pro

    Pros And Cons Of The Death Penalty. 1. Based on our readings, what are the pro and con positions for the death penalty. The death penalty known as capital punishment is a ruling that has been a controversial topic in western society. The isn't bipartisan, rather than based morality. The pros who argue in favor of the death penalty believe ...