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5 moving, beautiful essays about death and dying

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essays on death sentence

It is never easy to contemplate the end-of-life, whether its own our experience or that of a loved one.

This has made a recent swath of beautiful essays a surprise. In different publications over the past few weeks,  I've stumbled upon writers who were  contemplating final days. These are, no doubt, hard stories to read. I had to take breaks as I read about Paul Kalanithi's experience facing metastatic lung cancer while parenting a toddler, and was devastated as I followed Liz Lopatto's contemplations on how to give her ailing cat the best death possible. But I also learned so much from reading these essays, too, about what it means to have a good death versus a difficult end from those forced to grapple with the issue. These are four stories that have stood out to me recently, alongside one essay from a few years ago that sticks with me today.

My Own Life | Oliver Sacks

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As recently as last month, popular author and neurologist Oliver Sacks was in great health, even swimming a mile every day. Then, everything changed: the 81-year-old was diagnosed with terminal liver cancer. In a beautiful op-ed , published in late February in the New York Times, he describes his state of mind and how he'll face his final moments. What I liked about this essay is how Sacks describes how his world view shifts as he sees his time on earth getting shorter, and how he thinks about the value of his time.

Before I go | Paul Kalanithi

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Kalanthi began noticing symptoms — "weight loss, fevers, night sweats, unremitting back pain, cough" — during his sixth year of residency as a neurologist at Stanford. A CT scan revealed metastatic lung cancer. Kalanthi writes about his daughter, Cady and how he "probably won't live long enough for her to have a memory of me." Much of his essay focuses on an interesting discussion of time, how it's become a double-edged sword. Each day, he sees his daughter grow older, a joy. But every day is also one that brings him closer to his likely death from cancer.

As I lay dying | Laurie Becklund

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Becklund's essay was published posthumonously after her death on February 8 of this year. One of the unique issues she grapples with is how to discuss her terminal diagnosis with others and the challenge of not becoming defined by a disease. "Who would ever sign another book contract with a dying woman?" she writes. "Or remember Laurie Becklund, valedictorian, Fulbright scholar, former Times staff writer who exposed the Salvadoran death squads and helped The Times win a Pulitzer Prize for coverage of the 1992 L.A. riots? More important, and more honest, who would ever again look at me just as Laurie?"

Everything I know about a good death I learned from my cat | Liz Lopatto

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Dorothy Parker was Lopatto's cat, a stray adopted from a local vet. And Dorothy Parker, known mostly as Dottie, died peacefully when she passed away earlier this month. Lopatto's essay is, in part, about what she learned about end-of-life care for humans from her cat. But perhaps more than that, it's also about the limitations of how much her experience caring for a pet can transfer to caring for another person.

Yes, Lopatto's essay is about a cat rather than a human being. No, it does not make it any easier to read. She describes in searing detail about the experience of caring for another being at the end of life. "Dottie used to weigh almost 20 pounds; she now weighs six," Lopatto writes. "My vet is right about Dottie being close to death, that it’s probably a matter of weeks rather than months."

Letting Go | Atul Gawande

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"Letting Go" is a beautiful, difficult true story of death. You know from the very first sentence — "Sara Thomas Monopoli was pregnant with her first child when her doctors learned that she was going to die" — that it is going to be tragic. This story has long been one of my favorite pieces of health care journalism because it grapples so starkly with the difficult realities of end-of-life care.

In the story, Monopoli is diagnosed with stage four lung cancer, a surprise for a non-smoking young woman. It's a devastating death sentence: doctors know that lung cancer that advanced is terminal. Gawande knew this too — Monpoli was his patient. But actually discussing this fact with a young patient with a newborn baby seemed impossible.

"Having any sort of discussion where you begin to say, 'look you probably only have a few months to live. How do we make the best of that time without giving up on the options that you have?' That was a conversation I wasn't ready to have," Gawande recounts of the case in a new Frontline documentary .

What's tragic about Monopoli's case was, of course, her death at an early age, in her 30s. But the tragedy that Gawande hones in on — the type of tragedy we talk about much less — is how terribly Monopoli's last days played out.

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May 3, 2023

Contemplating Mortality: Powerful Essays on Death and Inspiring Perspectives

The prospect of death may be unsettling, but it also holds a deep fascination for many of us. If you're curious to explore the many facets of mortality, from the scientific to the spiritual, our article is the perfect place to start. With expert guidance and a wealth of inspiration, we'll help you write an essay that engages and enlightens readers on one of life's most enduring mysteries!

Death is a universal human experience that we all must face at some point in our lives. While it can be difficult to contemplate mortality, reflecting on death and loss can offer inspiring perspectives on the nature of life and the importance of living in the present moment. In this collection of powerful essays about death, we explore profound writings that delve into the human experience of coping with death, grief, acceptance, and philosophical reflections on mortality.

Through these essays, readers can gain insight into different perspectives on death and how we can cope with it. From personal accounts of loss to philosophical reflections on the meaning of life, these essays offer a diverse range of perspectives that will inspire and challenge readers to contemplate their mortality.

The Inevitable: Coping with Mortality and Grief

Mortality is a reality that we all have to face, and it is something that we cannot avoid. While we may all wish to live forever, the truth is that we will all eventually pass away. In this article, we will explore different aspects of coping with mortality and grief, including understanding the grieving process, dealing with the fear of death, finding meaning in life, and seeking support.

Understanding the Grieving Process

Grief is a natural and normal response to loss. It is a process that we all go through when we lose someone or something important to us. The grieving process can be different for each person and can take different amounts of time. Some common stages of grief include denial, anger, bargaining, depression, and acceptance. It is important to remember that there is no right or wrong way to grieve and that it is a personal process.

Denial is often the first stage of grief. It is a natural response to shock and disbelief. During this stage, we may refuse to believe that our loved one has passed away or that we are facing our mortality.

Anger is a common stage of grief. It can manifest as feelings of frustration, resentment, and even rage. It is important to allow yourself to feel angry and to express your emotions healthily.

Bargaining is often the stage of grief where we try to make deals with a higher power or the universe in an attempt to avoid our grief or loss. We may make promises or ask for help in exchange for something else.

Depression is a natural response to loss. It is important to allow yourself to feel sad and to seek support from others.

Acceptance is often the final stage of grief. It is when we come to terms with our loss and begin to move forward with our lives.

Dealing with the Fear of Death

The fear of death is a natural response to the realization of our mortality. It is important to acknowledge and accept our fear of death but also to not let it control our lives. Here are some ways to deal with the fear of death:

Accepting Mortality

Accepting our mortality is an important step in dealing with the fear of death. We must understand that death is a natural part of life and that it is something that we cannot avoid.

Finding Meaning in Life

Finding meaning in life can help us cope with the fear of death. It is important to pursue activities and goals that are meaningful and fulfilling to us.

Seeking Support

Seeking support from friends, family, or a therapist can help us cope with the fear of death. Talking about our fears and feelings can help us process them and move forward.

Finding meaning in life is important in coping with mortality and grief. It can help us find purpose and fulfillment, even in difficult times. Here are some ways to find meaning in life:

Pursuing Passions

Pursuing our passions and interests can help us find meaning and purpose in life. It is important to do things that we enjoy and that give us a sense of accomplishment.

Helping Others

Helping others can give us a sense of purpose and fulfillment. It can also help us feel connected to others and make a positive impact on the world.

Making Connections

Making connections with others is important in finding meaning in life. It is important to build relationships and connections with people who share our values and interests.

Seeking support is crucial when coping with mortality and grief. Here are some ways to seek support:

Talking to Friends and Family

Talking to friends and family members can provide us with a sense of comfort and support. It is important to express our feelings and emotions to those we trust.

Joining a Support Group

Joining a support group can help us connect with others who are going through similar experiences. It can provide us with a safe space to share our feelings and find support.

Seeking Professional Help

Seeking help from a therapist or counselor can help cope with grief and mortality. A mental health professional can provide us with the tools and support we need to process our emotions and move forward.

Coping with mortality and grief is a natural part of life. It is important to understand that grief is a personal process that may take time to work through. Finding meaning in life, dealing with the fear of death, and seeking support are all important ways to cope with mortality and grief. Remember to take care of yourself, allow yourself to feel your emotions, and seek support when needed.

The Ethics of Death: A Philosophical Exploration

Death is an inevitable part of life, and it is something that we will all experience at some point. It is a topic that has fascinated philosophers for centuries, and it continues to be debated to this day. In this article, we will explore the ethics of death from a philosophical perspective, considering questions such as what it means to die, the morality of assisted suicide, and the meaning of life in the face of death.

Death is a topic that elicits a wide range of emotions, from fear and sadness to acceptance and peace. Philosophers have long been interested in exploring the ethical implications of death, and in this article, we will delve into some of the most pressing questions in this field.

What does it mean to die?

The concept of death is a complex one, and there are many different ways to approach it from a philosophical perspective. One question that arises is what it means to die. Is death simply the cessation of bodily functions, or is there something more to it than that? Many philosophers argue that death represents the end of consciousness and the self, which raises questions about the nature of the soul and the afterlife.

The morality of assisted suicide

Assisted suicide is a controversial topic, and it raises several ethical concerns. On the one hand, some argue that individuals have the right to end their own lives if they are suffering from a terminal illness or unbearable pain. On the other hand, others argue that assisting someone in taking their own life is morally wrong and violates the sanctity of life. We will explore these arguments and consider the ethical implications of assisted suicide.

The meaning of life in the face of death

The inevitability of death raises important questions about the meaning of life. If our time on earth is finite, what is the purpose of our existence? Is there a higher meaning to life, or is it simply a product of biological processes? Many philosophers have grappled with these questions, and we will explore some of the most influential theories in this field.

The role of death in shaping our lives

While death is often seen as a negative force, it can also have a positive impact on our lives. The knowledge that our time on earth is limited can motivate us to live life to the fullest and to prioritize the things that truly matter. We will explore the role of death in shaping our values, goals, and priorities, and consider how we can use this knowledge to live more fulfilling lives.

The ethics of mourning

The process of mourning is an important part of the human experience, and it raises several ethical questions. How should we respond to the death of others, and what is our ethical responsibility to those who are grieving? We will explore these questions and consider how we can support those who are mourning while also respecting their autonomy and individual experiences.

The ethics of immortality

The idea of immortality has long been a fascination for humanity, but it raises important ethical questions. If we were able to live forever, what would be the implications for our sense of self, our relationships with others, and our moral responsibilities? We will explore the ethical implications of immortality and consider how it might challenge our understanding of what it means to be human.

The ethics of death in different cultural contexts

Death is a universal human experience, but how it is understood and experienced varies across different cultures. We will explore how different cultures approach death, mourning, and the afterlife, and consider the ethical implications of these differences.

Death is a complex and multifaceted topic, and it raises important questions about the nature of life, morality, and human experience. By exploring the ethics of death from a philosophical perspective, we can gain a deeper understanding of these questions and how they shape our lives.

The Ripple Effect of Loss: How Death Impacts Relationships

Losing a loved one is one of the most challenging experiences one can go through in life. It is a universal experience that touches people of all ages, cultures, and backgrounds. The grief that follows the death of someone close can be overwhelming and can take a significant toll on an individual's mental and physical health. However, it is not only the individual who experiences the grief but also the people around them. In this article, we will discuss the ripple effect of loss and how death impacts relationships.

Understanding Grief and Loss

Grief is the natural response to loss, and it can manifest in many different ways. The process of grieving is unique to each individual and can be affected by many factors, such as culture, religion, and personal beliefs. Grief can be intense and can impact all areas of life, including relationships, work, and physical health.

The Impact of Loss on Relationships

Death can impact relationships in many ways, and the effects can be long-lasting. Below are some of how loss can affect relationships:

1. Changes in Roles and Responsibilities

When someone dies, the roles and responsibilities within a family or social circle can shift dramatically. For example, a spouse who has lost their partner may have to take on responsibilities they never had before, such as managing finances or taking care of children. This can be a difficult adjustment, and it can put a strain on the relationship.

2. Changes in Communication

Grief can make it challenging to communicate with others effectively. Some people may withdraw and isolate themselves, while others may become angry and lash out. It is essential to understand that everyone grieves differently, and there is no right or wrong way to do it. However, these changes in communication can impact relationships, and it may take time to adjust to new ways of interacting with others.

3. Changes in Emotional Connection

When someone dies, the emotional connection between individuals can change. For example, a parent who has lost a child may find it challenging to connect with other parents who still have their children. This can lead to feelings of isolation and disconnection, and it can strain relationships.

4. Changes in Social Support

Social support is critical when dealing with grief and loss. However, it is not uncommon for people to feel unsupported during this time. Friends and family may not know what to say or do, or they may simply be too overwhelmed with their grief to offer support. This lack of social support can impact relationships and make it challenging to cope with grief.

Coping with Loss and Its Impact on Relationships

Coping with grief and loss is a long and difficult process, but it is possible to find ways to manage the impact on relationships. Below are some strategies that can help:

1. Communication

Effective communication is essential when dealing with grief and loss. It is essential to talk about how you feel and what you need from others. This can help to reduce misunderstandings and make it easier to navigate changes in relationships.

2. Seek Support

It is important to seek support from friends, family, or a professional if you are struggling to cope with grief and loss. Having someone to talk to can help to alleviate feelings of isolation and provide a safe space to process emotions.

3. Self-Care

Self-care is critical when dealing with grief and loss. It is essential to take care of your physical and emotional well-being. This can include things like exercise, eating well, and engaging in activities that you enjoy.

4. Allow for Flexibility

It is essential to allow for flexibility in relationships when dealing with grief and loss. People may not be able to provide the same level of support they once did or may need more support than they did before. Being open to changes in roles and responsibilities can help to reduce strain on relationships.

5. Find Meaning

Finding meaning in the loss can be a powerful way to cope with grief and loss. This can involve creating a memorial, participating in a support group, or volunteering for a cause that is meaningful to you.

The impact of loss is not limited to the individual who experiences it but extends to those around them as well. Relationships can be greatly impacted by the death of a loved one, and it is important to be aware of the changes that may occur. Coping with loss and its impact on relationships involves effective communication, seeking support, self-care, flexibility, and finding meaning.

What Lies Beyond Reflections on the Mystery of Death

Death is an inevitable part of life, and yet it remains one of the greatest mysteries that we face as humans. What happens when we die? Is there an afterlife? These are questions that have puzzled us for centuries, and they continue to do so today. In this article, we will explore the various perspectives on death and what lies beyond.

Understanding Death

Before we can delve into what lies beyond, we must first understand what death is. Death is defined as the permanent cessation of all biological functions that sustain a living organism. This can occur as a result of illness, injury, or simply old age. Death is a natural process that occurs to all living things, but it is also a process that is often accompanied by fear and uncertainty.

The Physical Process of Death

When a person dies, their body undergoes several physical changes. The heart stops beating, and the body begins to cool and stiffen. This is known as rigor mortis, and it typically sets in within 2-6 hours after death. The body also begins to break down, and this can lead to a release of gases that cause bloating and discoloration.

The Psychological Experience of Death

In addition to the physical changes that occur during and after death, there is also a psychological experience that accompanies it. Many people report feeling a sense of detachment from their physical body, as well as a sense of peace and calm. Others report seeing bright lights or visions of loved ones who have already passed on.

Perspectives on What Lies Beyond

There are many different perspectives on what lies beyond death. Some people believe in an afterlife, while others believe in reincarnation or simply that death is the end of consciousness. Let's explore some of these perspectives in more detail.

One of the most common beliefs about what lies beyond death is the idea of an afterlife. This can take many forms, depending on one's religious or spiritual beliefs. For example, many Christians believe in heaven and hell, where people go after they die depending on their actions during life. Muslims believe in paradise and hellfire, while Hindus believe in reincarnation.

Reincarnation

Reincarnation is the belief that after we die, our consciousness is reborn into a new body. This can be based on karma, meaning that the quality of one's past actions will determine the quality of their next life. Some people believe that we can choose the circumstances of our next life based on our desires and attachments in this life.

End of Consciousness

The idea that death is simply the end of consciousness is a common belief among atheists and materialists. This view holds that the brain is responsible for creating consciousness, and when the brain dies, consciousness ceases to exist. While this view may be comforting to some, others find it unsettling.

Death is a complex and mysterious phenomenon that continues to fascinate us. While we may never fully understand what lies beyond death, it's important to remember that everyone has their own beliefs and perspectives on the matter. Whether you believe in an afterlife, reincarnation, or simply the end of consciousness, it's important to find ways to cope with the loss of a loved one and to find peace with your mortality.

Final Words

In conclusion, these powerful essays on death offer inspiring perspectives and deep insights into the human experience of coping with mortality, grief, and loss. From personal accounts to philosophical reflections, these essays provide a diverse range of perspectives that encourage readers to contemplate their mortality and the meaning of life.

By reading and reflecting on these essays, readers can gain a better understanding of how death shapes our lives and relationships, and how we can learn to accept and cope with this inevitable part of the human experience.

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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 Death: Top 5 Examples and 9 Essay Prompts

Death includes mixed emotions and endless possibilities. If you are writing essays about death, see our examples and prompts in this article.

Over 50 million people die yearly from different causes worldwide. It’s a fact we must face when the time comes. Although the subject has plenty of dire connotations, many are still fascinated by death, enough so that literary pieces about it never cease. Every author has a reason why they want to talk about death. Most use it to put their grievances on paper to help them heal from losing a loved one. Some find writing and reading about death moving, transformative, or cathartic.

To help you write a compelling essay about death, we prepared five examples to spark your imagination:

1. Essay on Death Penalty by Aliva Manjari

2. coping with death essay by writer cameron, 3. long essay on death by prasanna, 4. because i could not stop for death argumentative essay by writer annie, 5. an unforgettable experience in my life by anonymous on gradesfixer.com, 1. life after death, 2. death rituals and ceremonies, 3. smoking: just for fun or a shortcut to the grave, 4. the end is near, 5. how do people grieve, 6. mental disorders and death, 7. are you afraid of death, 8. death and incurable diseases, 9. if i can pick how i die.

“The death penalty is no doubt unconstitutional if imposed arbitrarily, capriciously, unreasonably, discriminatorily, freakishly or wantonly, but if it is administered rationally, objectively and judiciously, it will enhance people’s confidence in criminal justice system.”

Manjari’s essay considers the death penalty as against the modern process of treating lawbreakers, where offenders have the chance to reform or defend themselves. Although the author is against the death penalty, she explains it’s not the right time to abolish it. Doing so will jeopardize social security. The essay also incorporates other relevant information, such as the countries that still have the death penalty and how they are gradually revising and looking for alternatives.

You might also be interested in our list of the best war books .

“How a person copes with grief is affected by the person’s cultural and religious background, coping skills, mental history, support systems, and the person’s social and financial status.”

Cameron defines coping and grief through sharing his personal experience. He remembers how their family and close friends went through various stages of coping when his Aunt Ann died during heart surgery. Later in his story, he mentions Ann’s last note, which she wrote before her surgery, in case something terrible happens. This note brought their family together again through shared tears and laughter. You can also check out these articles about cancer .

“Luckily or tragically, we are completely sentenced to death. But there is an interesting thing; we don’t have the knowledge of how the inevitable will strike to have a conversation.”

Prasanna states the obvious – all people die, but no one knows when. She also discusses the five stages of grief: denial, anger, bargaining, depression, and acceptance. Research also shows that when people die, the brain either shows a flashback of life or sees a ray of light.

Even if someone can predict the day of their death, it won’t change how the people who love them will react. Some will cry or be numb, but in the end, everyone will have to accept the inevitable. The essay ends with the philosophical belief that the soul never dies and is reborn in a new identity and body. You can also check out these elegy examples .

“People have busy lives, and don’t think of their own death, however, the speaker admits that she was willing to put aside her distractions and go with death. She seemed to find it pretty charming.”

The author focuses on how Emily Dickinson ’s “ Because I Could Not Stop for Death ” describes death. In the poem, the author portrays death as a gentle, handsome, and neat man who picks up a woman with a carriage to take her to the grave. The essay expounds on how Dickinson uses personification and imagery to illustrate death.

“The death of a loved one is one of the hardest things an individual can bring themselves to talk about; however, I will never forget that day in the chapter of my life, as while one story continued another’s ended.”

The essay delve’s into the author’s recollection of their grandmother’s passing. They recount the things engrained in their mind from that day –  their sister’s loud cries, the pounding and sinking of their heart, and the first time they saw their father cry. 

Looking for more? Check out these essays about losing a loved one .

9 Easy Writing Prompts on Essays About Death

Are you still struggling to choose a topic for your essay? Here are prompts you can use for your paper:

Your imagination is the limit when you pick this prompt for your essay. Because no one can confirm what happens to people after death, you can create an essay describing what kind of world exists after death. For instance, you can imagine yourself as a ghost that lingers on the Earth for a bit. Then, you can go to whichever place you desire and visit anyone you wish to say proper goodbyes to first before crossing to the afterlife.

Essays about death: Death rituals and ceremonies

Every country, religion, and culture has ways of honoring the dead. Choose a tribe, religion, or place, and discuss their death rituals and traditions regarding wakes and funerals. Include the reasons behind these activities. Conclude your essay with an opinion on these rituals and ceremonies but don’t forget to be respectful of everyone’s beliefs. 

Smoking is still one of the most prevalent bad habits since tobacco’s creation in 1531 . Discuss your thoughts on individuals who believe there’s nothing wrong with this habit and inadvertently pass secondhand smoke to others. Include how to avoid chain-smokers and if we should let people kill themselves through excessive smoking. Add statistics and research to support your claims.

Collate people’s comments when they find out their death is near. Do this through interviews, and let your respondents list down what they’ll do first after hearing the simulated news. Then, add their reactions to your essay.

There is no proper way of grieving. People grieve in their way. Briefly discuss death and grieving at the start of your essay. Then, narrate a personal experience you’ve had with grieving to make your essay more relatable. Or you can compare how different people grieve. To give you an idea, you can mention that your father’s way of grieving is drowning himself in work while your mom openly cries and talk about her memories of the loved one who just passed away. 

Explain how people suffering from mental illnesses view death. Then, measure it against how ordinary people see the end. Include research showing death rates caused by mental illnesses to prove your point. To make organizing information about the topic more manageable, you can also focus on one mental illness and relate it to death.

Check out our guide on  how to write essays about depression .

Sometimes, seriously ill people say they are no longer afraid of death. For others, losing a loved one is even more terrifying than death itself. Share what you think of death and include factors that affected your perception of it.

People with incurable diseases are often ready to face death. For this prompt, write about individuals who faced their terminal illnesses head-on and didn’t let it define how they lived their lives. You can also review literary pieces that show these brave souls’ struggle and triumph. A great series to watch is “ My Last Days .”

You might also be interested in these epitaph examples .

No one knows how they’ll leave this world, but if you have the chance to choose how you part with your loved ones, what will it be? Probe into this imagined situation. For example, you can write: “I want to die at an old age, surrounded by family and friends who love me. I hope it’ll be a peaceful death after I’ve done everything I wanted in life.”

To make your essay more intriguing, put unexpected events in it. Check out these plot twist ideas .

essays on death sentence

Maria Caballero is a freelance writer who has been writing since high school. She believes that to be a writer doesn't only refer to excellent syntax and semantics but also knowing how to weave words together to communicate to any reader effectively.

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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.

Rethinking Justice: why the Death Penalty should be Abolished

This essay about the reasons to abolish the death penalty discusses the ethical, practical, and financial implications of capital punishment. It argues that the irreversible nature of the death penalty, coupled with the risk of executing innocent people, raises serious moral concerns. The essay also points out the lack of evidence supporting the death penalty as a crime deterrent and highlights the biases in its application, which disproportionately affect minorities and those of lower socio-economic status. Additionally, it notes the higher costs of death penalty cases compared to life imprisonment. Finally, the essay emphasizes a shift in global norms, with a growing number of countries abolishing the death penalty in favor of more humane approaches to justice. This reflects a broader move toward upholding human rights and fostering a fair and equitable justice system.

How it works

The death penalty has always been a hot-button issue, sparking debates that cut deep into our moral and ethical fibers. But as society evolves, so too should our justice system. There are several powerful, human-centered reasons why the death penalty feels like an outdated relic in today’s legal landscape.

Let’s start with the moral quandary it presents. Taking a life, under any circumstance, raises a multitude of ethical questions. One of the most troubling aspects of capital punishment is the chilling possibility of executing an innocent person.

Since 1973, over 185 individuals on death row in the United States were exonerated. This isn’t just a statistic; it’s a glaring reminder of how irreversible and final the death penalty is. Mistakes in other areas of justice can often be rectified, but there is no undoing an execution.

Then there’s the argument about whether the death penalty actually deters crime. The evidence here is shaky at best. Numerous studies have shown that harsh penalties like execution do not effectively prevent crime more than life imprisonment. If deterrence is the goal, the death penalty misses the mark, which begs the question: why keep it?

Bias in the death penalty’s application adds another layer of concern. The system shows troubling disparities, particularly with racial biases and socioeconomic status influencing outcomes. Defendants accused of killing white victims are disproportionately sentenced to death, which speaks volumes about the prejudices skulking through the corridors of our courts. This isn’t just unfair; it’s a fundamentally flawed system that perpetuates inequality.

Financially, the death penalty doesn’t make much sense either. It’s far more expensive to execute someone than to keep them in prison for life. This is due to the lengthy and complex legal process required in capital cases, designed to minimize errors. Every dollar spent here is a dollar that could be used more effectively elsewhere within the criminal justice system.

Globally, the trend is also moving away from capital punishment, with over two-thirds of countries having abolished it in law or in practice. This global shift isn’t just about being progressive; it’s about adhering to international human rights standards that recognize the death penalty as a violation of the right to life.

In the end, abolishing the death penalty isn’t just about eliminating a punishment option. It’s about building a justice system that reflects our values of fairness, redemption, and humanity. It’s about acknowledging that the state shouldn’t sanction the irreversible act of taking a life. Moving away from the death penalty would signal a commitment to these values and contribute to a more equitable society.

So, as we ponder the path forward, let’s consider a justice system that upholds life and offers chances for redemption. That’s the kind of progress that aligns with our collective growth as a compassionate society.

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95 Death Penalty Essay Topic Ideas & Examples

🏆 best death penalty topic ideas & essay examples, ✅ simple & easy death penalty essay titles, ❓ questions about the death penalty.

  • Argumentative Paper on the Pros of the Death Penalty 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.
  • Death Penalty and Ethics The arguments for the capital punishment as explained earlier are also extremely weak and the practice of death penalty is morally wrong.
  • The Death Penalty, a Just Punishment The principles of the criminals should be used against them, consequently, the death penalty is the best way to give humanity to realize the horror of death and the fear of being killed.
  • The Death Penalty: Can It Ever Be Justified? Nevertheless, such a claim is questionable because it is the same constitution that has a bill of rights indicating that it is the right of every citizen to be protected and to live.
  • Arguments in Favor and Against the Death Penalty It should be noted that opposing the death penalty does not mean that people are oblivious of the magnitude of the crimes committed by this criminals.
  • Death Penalty: Why the Death Penalty Should be Abolished The gist of Nicole Smith’s argument is that the death penalty or capital punishment is necessary because it deters murder, thereby saving the victims’ families and friends the pain of losing loved ones.
  • The Practice of Death Penalty Ulcepo noted in his article that though capital punishment continues to be practiced today in several countries like the USA, my feeling is that pleas calling for the abolishment of the death penalty should be […]
  • 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.
  • Green Mile as a Statement Against the Death Penalty The movie is a story of John Coffey, African-American who is accused of the murder of two girls and has to be punished by the death penalty.
  • The History of Death Penalty The death penalty became legal in America in 1776 during the revolutionary war. The US Supreme court ruled the death penalty as unconstitutional in 1972.
  • Death Penalty: Alternatives and Abolition In addition, the NC network is of the opinion that the death penalty system lacks the much-needed efficiency in the criminal justice system.
  • Atkinson’s Death Penalty Article: Rebuttal Argument Regardless of unrealistic and irrelevant assertions about therapeutic jurisprudence, the death sentence is an efficient deterrence and punishment mechanism when seen within the context of vigilante justice and as a part of the current legal […]
  • Restorative Justice and the Death Penalty Draft thesis: The death penalty, when viewed under the retributive justice framework and as a part of the existing justice system, is an effective deterrent and punishment measure irrespective of impractical and irrelevant restorative justice […]
  • 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.
  • Death Penalty: Arguments For and Against The area of the current research concerns the death penalty and whether it might be abolished in the future. Another reason to cancel the death penalty is the unnecessary brutality of the process.
  • The Legality and the Processes of the Death Penalty This is because it not only works to punish the crime but also perfectly buries the possibility of that person causing a similar harm in the future.
  • Racial Disparity in the Application of the Death Penalty The race of the offender and the race of the victim have been observed to be subjective in the delivery of the death penalty.
  • Death Penalty: Juveniles and Mental Disabilities Consequently, the Eight Amendment should dismiss the death penalty for this category and state laws must implement recommendations of the National Alliance on Mental Illness, the American Psychological Association, and the American Bar Association that […]
  • Reasons to Abolish the Death Penalty It is also the obvious reason why the United Nations urges the countries of the world to limit the use of the death penalty to the bare minimum and only employ it for the most […]
  • Is the Death Penalty Discriminatory? This paper identifies the paucity of research on the death penalty and preliminarily investigates the discriminatory course of justice when the death penalty is applied in any jurisdiction.
  • Should the Death Penalty Be Abolished in China? The aim of this research paper is to advocate for the eradication of the death penalty in the People’s Republic of China, based on both human rights as well as practical deterrence grounds.
  • Crimes Against the State: Terrorist Attacks and Death Penalty This essay is a critical analysis of the controversial provisions of the Anti-Terrorism and Death Penalty Act of 1996. The first controversial provision of the Anti-Terrorism and Death Penalty Act is title I and its […]
  • The Death Penalty: Importance and Benefit Many of the people who are not in favor of such an act believe that hanging a person till death is not the only solution, so I say question them “what could be the other […]
  • 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 […]
  • Sangmin Bae on the Death Penalty While majority of the countries have abolished the death penalty, America continues to remain a prominent protagonist for the death penalty.
  • The Death Penalty in the United States Some would argue, for example, that imprisonment of any amount of time for ‘crimes’ such as gambling, prostitution and the possession of drugs should be interpreted as excessive therefore ‘unusual.’ The use of the death […]
  • The Death Penalty, a Matter of Morals I believe the use of the death penalty to be the most obvious and heinous example of cruel and unusual punishment.
  • Death Penalty: Critical Thinking and Arguments The execution sermons of the early colonies were full of warnings against following in the footsteps of the condemned, and executions were public events designed to instill fear and reverence for the law in the […]
  • Death Penalty for 18-Year-Olds: For and Against In the year 2005, the Supreme Court of the US outlawed the execution of inmates on death row who were 18 years and below by the time they committed their crimes.
  • Opposition to the Death Penalty However, the minority did not give up the expectation of capital punishment, for the reason that of a minority’s point of view, merely the most horrible oppression of the minority.
  • Death Penalty Websites’ Accuracy and Objectivity According to the above stated, the topic of the current paper is the comparison of two websites dedicated to the topic of the death penalty in respect of their reputability, accuracy, and objectivity.
  • The Death Penalty Is Not a Deterrent to Homicide In addition, there is statistical evidence that some public officials may routinely use inflammatory remarks designed to inflate the effects of the death penalty on the rate of homicide for their own personal and professional […]
  • Death Penalty and Moral Multiplicity Approach Kaplan and Tivnan consider the moral judgment to be a result of a spontaneous association between particular emotions and cognitions that occurs in the course of moral motivation.
  • Death Penalty and American Civil Liberties Union The article contains meticulously gathered evidence of the controversial nature of the death sentence. The main argument of the article is the excessive cost of the procedure.
  • Death Penalty for Murder by Terrorism The case of Timothy is the first instance of the death sentence against a terrorist in the United States. The law enforcement agencies try their best to get rid of the terrorists and their activities […]
  • Death Penalty: Mistrial, Racial Bias, Crime Ranking Given the gravity of the outcome, i.e, the death of the person that was possibly innocent or guilty to a lesser degree than stated in the course of the trial, the concept of capital punishment […]
  • Human Rights Abuses and Death Penalty in the UAE There are many explanations of why a number of Arab people remain to be vulnerable to abuses and violations of human rights. Besides, many people are still challenged by the inability to participate in the […]
  • The Death Penalty Costs and Consequences It remains a dilemma why a criminal in the same country should face heavier judgement than another in the same country, yet they have committed the same crime. Crime should be punished with the same […]
  • Death Penalty – Criminal Law Costs of the death penalty show that instead of the death penalty leading to a decrease in the cost of administering justice, it has led to an increase in the cost incurred when compared with […]
  • Sould the Death Penalty Be Abolished? This sentence assumes that there are sufficient reasons to kill a criminal and that there is no possibility that the case can be readdressed.
  • Death Penalty Role in the Criminal Justice System The question posed by Cynthia Tucker in the article is whether the criminals in America deserve the death penalty or not. Many people believe that the death penalty is the best punishment for people perceived […]
  • Is the Death Penalty Effective? For a while now, Saudi Arabia has remained one of the global nations that strongly believe that punishing by death is one of the ways of giving justice to victims of crime and one of […]
  • The Suitability of the Death Penalty This is an effective way of punishing capital offenders and deterring other criminals from committing similar crimes due to the following reasons.
  • Death Penalty: Ryan Mathews Case It is the innocence of some of the convicts in the death row that has created a crisis in the system.
  • Death Penalty Ethics: Opposed Positions Death penalty is a crime in many reasons, the most strong of them are as follows: the death penalty is to be prohibited as a person suffers emotionally because he/she knows time, place and the […]
  • Ethics of Death Penalty One of the strongest arguments that support the death penalty is that it satisfies the need for retribution. The death penalty is a violation of the most basic right the right to life.
  • The Death Penalty in the US Criminal Justice System Due to this, the Supreme Court overturned the decision of an Oklahoma court by explaining that the execution of the minor violated the eighth amendment statute.
  • Death Penalty and Discrimination Since the dawn of civilization, it has actually come to the realization of many that, the just capital punishment of criminals is injustice in entirety.
  • Death Penalty Debate All Over the World However, it is again important to note that the essay on history of The American death penalty has not addressed some issues that are addressed by the essay on the sow death.
  • 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 […]
  • Death Penalty: Every For and Against By passing the death penalty, the judge ensures that retribution is served to the victim of the murder. A claim made by opponents of the death penalty is that this is a barbaric form of […]
  • The Application of the Principle of Utilitarianism in Explaining the Death Penalty However, the theory supports a form of punishment when the level of suffering is so high that it is beneficial to society.
  • Death Penalty: James a Inciardi Perspective The author thinks that the death penalty does not play a role in the rehabilitation of offenders. The proponents of the abolition of the punishment have also used their knowledge of the fact that states […]
  • The Death Penalty: Can It Ever Be Justified? What it means is that, contrary to the assumption that by executing this kind of criminals, the state simply strives to appease the victims’ relatives, the actual aim of the application of the death penalty, […]
  • The US Should Abolish Death Penalty In fact, death penalty is an old way of dealing with crime, which the US has borrowed despite the presence of the knowledge that death penalty is an archaic and barbaric technique.
  • Death Penalty Issues in Tennessee State This argument tends to disregard the death penalty for the benefit of the TN state. This thwarts the need to execute them in the context of death penalty.
  • Argument for Death Penalty as a Fair Punishment This practice gains insight from both biblical phases of the Old Testament and the Islamic Quran, which embraced the use of the death penalty in ensuring dispensation of justice.
  • Fundamental Right to Live: Abolish the Death Penalty Whatever side of the debate we explore, it is plain that the death penalty is a denial of the basic human rights as it contravenes the right to life as stated in the Universal Declaration […]
  • Death Penalty for Young People This raised the question as to whether death penalty was the suitable punishment for such criminals or whether they actually reduce crime.
  • Death Penalty From the Point of Religion Secondly, the impacts of the death penalty are too severe on the lives of the victims’ families and close kinsmen and on the settlement of the case.
  • Facets of the Death Penalty The proponents of the death penalty are of the view that several gains are bound to be achieved at the institution of this penalty.
  • Debates on Death Penalty in the United States The first documented death penalty was of George Kendall who was a captain and was executed by a firing squad in the first decade of the 17th century.
  • Annotation Of: Hispanics and the Death Penalty It also identified several manifestations of racial discrimination between the whites and non whites by comparing Asian Americans and Hispanics marriages with the whites and discovered that the Asian Americans and Hispanics had higher chances […]
  • Acceptance of Death Penalty in the United States The efficiency of the penalty ought to depend much on the type of the felony committed as well as the psychological state of those who commit it.
  • Which Countries Still Have Death Penalty?
  • How Did the Death Penalty Start?
  • How the Death Penalty Changed Over Time?
  • What States Still Have the Death Penalty in 2022?
  • Why Should the Death Penalty Be Re-Introduced To Australia?
  • How Is the Death Penalty Against Our Human Rights?
  • Why Should the Death Penalty Be Available for Juvenile Offenders?
  • Who Got the Death Penalty but Was Innocent?
  • What Is the Legal Process of the Death Penalty?
  • Why Do Some People think That Death Penalty Is Unfair and Unacceptable?
  • Who Was the First Person to Receive the Death Penalty?
  • How Can Death Penalty Prevent Repeat Offenders?
  • How Might the Death Penalty Prevent Crime?
  • What Role Does Race Play in the Death Penalty?
  • Who Was the Youngest Person to Get the Death Penalty?
  • Do People on Death Row Get To See Their Family?
  • How Many Death Penalties a Year?
  • What Crimes Are Charged With Death Penalty?
  • What Effects the Death Penalty Causes on Society?
  • What Countries Allow Death Penalty for Children?
  • How Objective and Justifiable Are Our Reasons for Enforcing the Death Penalty?
  • Is the Death Penalty Revenge or Punishment?
  • Is the Electric Chair Still Used 2021?
  • Why Is the Death Penalty Appropriate for Cases Where Defendants Have Mental Retardation?
  • Can a Woman Get the Death Penalty?
  • Why Must Death Penalty Be Abolished?
  • What Is the Psychological Impact of the Death Penalty?
  • How Does the Death Penalty Affect the Family?
  • Why Was the Death Penalty Made Constitutional?
  • How Many Females Have Gotten the Death Penalty?
  • Chicago (A-D)
  • Chicago (N-B)

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Finding Sources for Death Penalty Research

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One of the most popular topics for an argument essay is the death penalty . When researching a topic for an argumentative essay , accuracy is important, which means the quality of your sources is important.

If you're writing a paper about the death penalty, you can start with this list of sources, which provide arguments for all sides of the topic.

Amnesty International Site

Amnesty International views the death penalty as "the ultimate, irreversible denial of human rights." This website provides a gold mine of statistics and the latest breaking news on the subject.

Mental Illness on Death Row

Death Penalty Focus is an organization that aims to bring about the abolition of capital punishment and is a great resource for information. You will find evidence that many of the people executed over the past decades are affected by a form of mental illness or disability.

Pros and Cons of the Death Penalty

This extensive article provides an overview of arguments for and against the death penalty and offers a history of notable events that have shaped the discourse for activists and proponents.

Pro-Death Penalty Links

This page comes from ProDeathPenalty and contains a state-by-state guide to capital punishment resources. You'll also find a list of papers written by students on topics related to capital punishment. 

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1000-Word Philosophy: An Introductory Anthology

1000-Word Philosophy: An Introductory Anthology

Philosophy, One Thousand Words at a Time

The Death Penalty

Author: Benjamin S. Yost Category:  Ethics , Social and Political Philosophy Word Count: 992

The death penalty—executing criminals, usually murderers—is more controversial than imprisonment because it inflicts a more significant injury, perhaps the most serious injury, and its effects are irreversible. [1]

Some advocates of the death penalty, or capital punishment , argue that it is justified because murder is so bad that death is the only appropriate response. Others defend capital punishment on the grounds that it has important benefits for society.

This essay surveys both types of arguments and critical responses.

The “death chamber” at the Texas Department of Criminal Justice Huntsville Unit.

1. Deontological Justifications

Deontological defenses of capital punishment see execution as a morally “fitting” response to murderers’ horrible deeds. [2] There are two main varieties.

1.1. Retributivist Justifications

The idea that punishments should be equal in severity to their crimes underlies retributivist defenses of capital punishment. Retributivists argue that execution is justified because it matches the badness or wrongness of murder—i.e., it is a proportionate punishment for murder. [3]

How is proportionality established? “Eye for an eye” principles suggest that execution is proportional to murder because it involves the same kind of act (killing). [4] More sophisticated approaches begin with the idea that life is uniquely valuable: it is the precondition of everything else good for someone. Because being murdered prevents the victim from having any valuable experiences, murderers are punished too lightly if they can enjoy even the limited goods life in prison allows. [5]

1.2. Purgative Justifications

Some argue for a duty to purge exceptionally evil offenders from society by executing them. [6] On this view, the continued existence of such offenders morally stains society: by expending resources on them, society takes on responsibility for their violation of human dignity. Execution dissolves that responsibility. [7]

2. Consequentialist Justifications

Many defend the death penalty not as a response to criminals for their past evil deeds, but by arguing that executing murderers produces better overall social consequences than not doing so. [8] Two consequences are frequently discussed.

2.1. Deterrence

Common sense suggests that the fear of being executed prevents, or deters , potential murderers from killing. For deterrent justifications of capital punishment, the beneficial consequences of executions—innocent lives saved—outweigh the costs to the legal system and the executed person. [9]

2.2. Incapacitation

Deterrence is about reducing murder rates overall. Incapacitation aims at preventing specific offenders from reoffending: some murderers might be so dangerous, only death ensures they won’t kill again. [10]

3. Criticisms of Deontological  Justifications

Let’s consider some objections to the above arguments.

“Eye for an eye” retributivism seems to mandate immoral punishments like raping rapists or torturing torturers.

Proportionality-based retributivism also faces challenges. Capital punishment is sometimes judged to be disproportionately harsh because murderers suffer from prison time, from knowing their execution date, and from losing their lives, whereas murder victims only lose their lives. [11] More often, critics argue that life in prison, the longest sentence possible, is just as proportionate as execution and less morally controversial. [12]

4. Criticisms of Consequentialist Justifications

Deterrence theorists presume that execution is more “persuasive” than imprisonment. But researchers have found no evidence of execution’s marginal deterrent effect—i.e., a deterrent impact on murder rates exceeding that of imprisonment . [13] It is not enough for proponents to show that execution deters murder. Execution must deter murder better than imprisonment for its costs to be justified. [14]

An objection to both theories is that they permit punishing people for actions they didn’t perform. [15] Most believe that only those guilty of criminal acts should be punished. But deterrence theories could allow executing the innocent: if executing an innocent person would prevent future murders and authorities could keep her innocence secret, the benefits would plausibly outweigh the costs and deterrence theories would support killing her. [16] And incapacitation theories punish offenders for what they might do in the future, rather than any wrongs actually committed. [17]

5. General Objections to Capital Punishment

Death penalty abolitionists raise a number of general objections to capital punishment. 

5.1. The Right to Life

Abolitionists argue that execution violates murderers’ inviolable right to life.

Advocates respond that offenders forfeit their right to life by committing murder. And assertions of an absolute right to life have the implausible consequence of prohibiting killing in justified self-defense.

5.2. Dignity

Dignity arguments against capital punishment focus on whatever basic human capacity (e.g., rationality) imparts dignity , that in virtue of which persons are owed respect. Actions that violate dignity, like torture, are widely condemned. Abolitionists argue that because execution destroys the capacity for dignity, it violates dignity and is thus immoral.

Advocates question whether eliminating the condition of some valuable feature actually offends against that feature: e.g., killing people annihilates their ability to practice religion, yet it’s odd to characterize execution as violating religious freedom.

5.3. Procedural Problems

Capital punishment is often rejected on account of flaws in the legal procedures leading to death sentences. Some reject the death penalty in practice for these procedural reasons, even though they believe it is justified in theory .

5.3.1. Arbitrariness

In the U.S., capital juries may sentence a convicted murderer to life in prison, instead of execution, for almost any reason whatsoever. There is little consistency in who is sentenced to death and who is sent to prison, and so the death penalty is condemned as being intolerably arbitrary. [18]

5.3.2. Discrimination

One pattern in capital sentencing is that those who murder white people are more likely to be sentenced to death than those who murder black people (blacks who murder whites are the most likely to face execution). [19] It can seem deeply unfair, if not racist, for the likelihood of a death sentence to depend on racial factors. [20]

Death penalty advocates respond by insisting that what an individual murderer deserves is unaffected by how other murderers are treated. They add that arbitrariness and discrimination are reasons to reform , not abolish, sentencing procedures.

5.3.3. Irrevocability

If someone is wrongly executed—either because she is innocent, or subject to procedural injustice at trial—there is no way to right the wrong. Some abolitionists argue that because a just state is obliged to undo its serious mistakes, it mustn’t impose irrevocable punishments like the death penalty. [21], [22]  

6. Conclusion

Retributivist justifications dominate contemporary politics, but have recently suffered some legislative defeats to proceduralist arguments. [23] Determining whether practical worries about capital punishment trump concerns about potentially treating murders too leniently is thus of great legal and moral significance.

[1] For a general introduction to the debates about what justifies punishments in general and what makes particular punishments appropriate, see Theories of Punishment by Travis Joseph Rodgers.

In the U.S., twenty-nine states, the federal government, and the military allow for the death penalty. State and federal death rows are populated solely by murderers and accomplices to murder. Some states and the federal government permit execution for treason and other crimes, but these laws have never been tested in court.

Fifty-five other countries permit capital punishment, while more than one hundred nations have abolished it or no longer use it. In countries with an active death penalty, death-eligible crimes include kidnapping, drug trafficking, treason, and sexual immorality. For detailed information on capital punishment by U.S. state and country , see the Death Penalty Information Center .

[2] Deontologists see murder as the only crime for which capital punishment is appropriate, because murder is uniquely bad, and so only murderers deserve death.

[3] Proportionality is sometimes called commensurability . Some retributivists claim that proportionate punishments are justified because they give wrongdoers what they deserve.

[4] The “eye for an eye” principle is called the lex talionis. The most famous lex talionis defense of the death penalty can be found in Immanuel Kant’s Metaphysics of Morals, vi: 332–333. For more on Kant’s view, see Yost (2010). For an introduction to Kant’s ethics see Deontology: Kantian Ethics by Andrew Chapman.

[5] Sorell (1993).

[6] The purgative rationale applies only to extraordinarily evil offenders, not to garden-variety first-degree murderers (Kramer 2011). That is, it applies only to people like Adam Lanza, the Sandy Hook Elementary School shooter, who in 2012 shot to death twenty six- and seven-year old students and six school staff.

[7] These purgative theorists regard executing evil offenders as morally obligatory , whereas retributivists typically consider it merely permissible .

[8] See Shane Gronholz’s Consequentialism for discussion of the ethical theory known as “consequentialism” that these arguments often depend on.

[9] John Stuart Mill defends capital punishment in these terms (1868).

[10] This rationale best applies to countries other than the U.S., which has invested in technologically advanced maximum-security prison divisions, where inmates are (inhumanely) restricted to solitary confinement and under constant supervision.

[11] Camus (1963).

[12] Bedau (2002); Finkelstein (2002). Critics of retributivism as a general theory of punishment often raise a related objection: it is hard to know how much punishment to assign to a given offense. Does armed robbery merit a year in jail? A year and a month? A year and one hundred days? 

[13] State of the art research neither establishes nor disproves a marginal deterrent effect; see Nagin and Pepper (2012).

[14] Although the cost varies from state to state, the price for executing a murderer in the U.S. is always higher than keeping him in prison for life.

[15] Pure deterrence theories can be contrasted with two-level theories. Two-level theories of punishment endorse deterrence as the general justifying aim of punishment, but maintain that the determination of who and how much to punish is governed by retributive principles (see, e.g., Hart 1968). These views sidestep the innocence objection, but inherit the problems of deontological approaches.

[16] A related worry is that deterrence theories condone execution for crimes far less serious than murder: if executing one or two burglars would eliminate property crimes, deterrence rationales might allow such a punishment.

[17] See, e.g., Nadelhoffer, et al . (2012).

[18] See Justice Blackmun’s dissent in Callins v. Collins . For a more philosophical approach, see Nathanson (2001).

[19] Poor people are more likely to be executed than well-off people, though the research on this comparison is scant. But when we consider that litigating capital cases is difficult and time-consuming, and poor defendants must rely on overworked public defenders, many of whom have no experience with capital trials, the consequences seem clear. For harrowing stories of how bad lawyering leads to death sentences, see Bright (1994).

[20] Cholbi (2006).

[21] Yost (2019).

[22] The irrevocability of execution is, however, philosophically controversial. Davis argues that authorities can compensate a wrongly executed person by advancing her interests or values (1984). For example, the state could send her son to college or donate five million dollars to her favorite charity. Davis concludes that compensation of this sort counts as revoking the wrongful execution.

[23] For example, in 2018 the Washington Supreme Court struck down the death penalty , citing its arbitrary and discriminatory nature.

Callins v . Collins . 510 U.S. 1141. U.S. Supreme Court, 1994.

Bedau, Hugo (2002). “The Minimal Invasion Argument against the Death Penalty.” Criminal Justice Ethics 21 (2): 3-8.

Bright, Steven (1994). “Council for the Poor: the Death Penalty Not for the Worst Crime but for the Worst Lawyer.” Yale Law Journal 103 (7): 1835-83.

Camus, Albert (1963). “Reflections on the Guillotine.” Resistance, Rebellion, and Death. New York: Modern Library.

Cholbi, Michael (2006). “Race, Capital Punishment, and the Cost of Murder.” Philosophical Studies 127: 255-282.

Davis, Michael (1984). “Is the Death Penalty Irrevocable?” Social Theory and Practice 10 (2): 143-156.

Finkelstein, Claire (2002). “Death and Retribution.” Criminal Justice Ethics 21 (2): 12-21.

Hart, H.L.A. (1968). Punishment and Responsibility: Essays in Legal Philosophy. Oxford: Oxford University Press.

Kramer, Matthew (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences. Oxford: Oxford University Press.

Mill, John Stuart (1868). “Speech in Favor of Capital Punishment.”

Nagin, Daniel, and John Pepper (2012). “Deterrence and the Death Penalty.” National Research Council. Washington, D.C.: The National Academies Press.

Nadelhoffer, Thomas, et al. (2012). “Neuroprediction, Violence, and the Law: Setting the Stage.” Neuroethics 5 (1): 67-99.

Nathanson, Stephen (2001). An Eye for an Eye : The Immorality of Punishing by Death. Lanham, MD: Rowman & Littlefield.

Sorell, Tom (1993). “Aggravated Murder and Capital Punishment.” Journal of Applied Philosophy 10 (2): 201-213.

Yost, Benjamin S. (2010). “Kant’s Justification of the Death Penalty Reconsidered.” Kantian Review 15 (2): 1-27.

Yost, Benjamin S. (2019). Against Capital Punishment. New York: Oxford University Press.

For Further Reading

Hoag, Robert. “Capital Punishment.” Internet Encyclopedia of Philosophy .

Related Essays

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Is Death Bad? Epicurus and Lucretius on the Fear of Death by Frederik Kaufman

Deontology: Kantian Ethics by Andrew Chapman

Consequentialism by Shane Gronholz

Philosophy and Race: An Introduction to Philosophy of Race  by Thomas Metcalf

Philosophy of Law: An Overview  by Mark Satta

Moral Luck  by Jonathan Spelman

Hell and Universalism  by A.G. Holdier 

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About the Author

Benjamin S. Yost is Professor of Philosophy at Providence College and Adjunct Professor of Philosophy at Cornell University. His specializations include the philosophy of punishment and Kant’s practical philosophy. His book Against Capital Punishment was published by Oxford University Press (2019), and he has a co-edited volume titled The Movement for Black Lives: Philosophical Perspectives forthcoming from Oxford. His papers appear in journals such as Utilitas, Journal of the American Philosophical Association, Kantian Review, and Continental Philosophy Review . www.benjaminsyost.net

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Persuasive Essay Writing

Persuasive Essay About Death Penalty

Cathy A.

Craft an Effective Argument: Examples of Persuasive Essay About Death Penalty

Published on: Jan 27, 2023

Last updated on: Jan 29, 2024

Persuasive Essay About Death Penalty

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No matter what topic we're discussing, there is usually a range of opinions and viewpoints on the issues. 

But when it comes to more serious matters like the death penalty, creating an effective argument can become tricky. 

Although this topic may be difficult to tackle, you can still write an engaging persuasive essay to convey your point.

In this blog post, we'll explore how you can use examples of persuasive essays on death penalty topics.

So put your rhetorical skills to the test, and let’s dive right into sample essays and tips. 

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What Do We Mean by a Persuasive Essay?

A persuasive essay is a type of writing that attempts to persuade the reader or audience.

This essay usually presents an argument supported by evidence and examples. The main aim is to convince the reader or audience to take action or accept a certain viewpoint. 

Persuasive essays may be written from a neutral or biased perspective and contain personal opinions.

To do this, you must provide clear reasoning and evidence to support your argument. Persuasive essays can take many forms, including speeches, letters, articles, and opinion pieces. 

It is important to consider the audience when writing a persuasive essay. The language used should be tailored to their understanding of the topic. 

Read our comprehensive guide on persuasive essays to know all about crafting excellent essays.

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Let's move on to some examples so that you can better understand this topic.

Persuasive Essay About Death Penalty Examples

Are you feeling stuck with the task of writing a persuasive essay about the death penalty? 

Looking for some examples to get your ideas flowing? 

You’re in luck — we’ve got just the thing! Take a look at these free downloadable examples.

Example of a Persuasive essay about death penalty

Persuasive essay about death penalty in the Philippines

Short Persuasive essay about death penalty

Persuasive essay about death penalty should be abolished

The death penalty pros and cons essay

Looking for some more examples on persuasive essays? Check out our blog about persuasive essay examples !

Argumentative Essay About Death Penalty Examples 

We have compiled some of the best examples to help you start crafting your essay.

These examples will provide dynamic perspectives and insights from real-world legal cases to personal essays. 

Have a look at them to get inspired!!

Argumentative essay about death penalty in the Philippines

Argumentative essay about death penalty with introduction body conclusion

Argumentative essay about death penalty should be abolished

Argumentative essay about death penalty conclusion

6 Tips To Write an A+ Persuasive Essay

We know it can be daunting to compose a perfect essay that effectively conveys your point of view to your readers. Worry no more. 

Simply follow these 6 tips, and you will be on your way to a perfect persuasive essay.

1. Understand the assignment and audience

 Before you start writing your essay, you must understand what type of essay you are being asked to write. Who your target audience should be?

Make sure you know exactly what you’re arguing for and against, as this will help shape your essay's content.

2. Brainstorm and research

Once you understand the topic better, brainstorm ideas that support your argument.

During this process, be sure to do additional research on any unfamiliar points or topics.

3. Create an outline

After doing your initial research, create an outline for your essay that includes all the main points you want to make. 

This will help keep your thoughts organized and ensure you cover all the necessary points cohesively.

Check out our extensive guide on persuasive essay outlines to master the art of creating essays.

4. Make an argument

Use persuasive language and techniques to construct your essay. Strong evidence, such as facts and statistics, can also help to strengthen your argument.

5. Edit and revise 

Before you submit your essay, take the time to edit and revise it carefully. 

This will ensure that your argument is clear and concise and that there are no grammar or spelling errors.

6. Get feedback

Lastly, consider asking someone else to read over your essay before you submit it.

Feedback from another person can help you see any weaknesses in your argument or areas that need improvement. 

Summing up, 

Writing a persuasive essay about the death penalty doesn’t have to be overwhelming. With these examples and tips, you can be sure to write an essay that will impress your teacher.

Whether it’s an essay about the death penalty or any other controversial topic, you can ace it with these steps! 

Remember, the key is to be creative and organized in your writing!

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Frequently Asked Questions

What is the most persuasive argument for the death penalty.

The most persuasive argument for the death penalty is that it is a deterrent to violent crime. 

The idea is that by punishing criminals, other potential criminals will be less likely to act out of fear of similar punishment.

How do you start a persuasive speech on the death penalty?

When starting a persuasive speech on the death penalty, begin by introducing and defining the topic. Provide an overview of the controversial issue. 

Outline your points and arguments clearly, including evidence to support your position. 

What are good topics for persuasive essays?

Good topics for persuasive essays include 

  • Whether or not the death penalty is a fair punishment for violent crime
  • Whether harsher punishments will reduce crime rates
  • Will capital punishment is worth the costs associated with it
  • How rehabilitation should be taken into consideration when dealing with criminals.

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essays on death sentence

  • Death And Dying

8 Popular Essays About Death, Grief & the Afterlife

Updated 05/4/2022

Published 07/19/2021

Joe Oliveto, BA in English

Joe Oliveto, BA in English

Contributing writer

Discover some of the most widely read and most meaningful articles about death, from dealing with grief to near-death experiences.

Cake values integrity and transparency. We follow a strict editorial process to provide you with the best content possible. We also may earn commission from purchases made through affiliate links. As an Amazon Associate, we earn from qualifying purchases. Learn more in our affiliate disclosure .

Death is a strange topic for many reasons, one of which is the simple fact that different people can have vastly different opinions about discussing it.

Jump ahead to these sections: 

Essays or articles about the death of a loved one, essays or articles about dealing with grief, essays or articles about the afterlife or near-death experiences.

Some fear death so greatly they don’t want to talk about it at all. However, because death is a universal human experience, there are also those who believe firmly in addressing it directly. This may be more common now than ever before due to the rise of the death positive movement and mindset.

You might believe there’s something to be gained from talking and learning about death. If so, reading essays about death, grief, and even near-death experiences can potentially help you begin addressing your own death anxiety. This list of essays and articles is a good place to start. The essays here cover losing a loved one, dealing with grief, near-death experiences, and even what someone goes through when they know they’re dying.

Losing a close loved one is never an easy experience. However, these essays on the topic can help someone find some meaning or peace in their grief.

1. ‘I’m Sorry I Didn’t Respond to Your Email, My Husband Coughed to Death Two Years Ago’ by Rachel Ward

Rachel Ward’s essay about coping with the death of her husband isn’t like many essays about death. It’s very informal, packed with sarcastic humor, and uses an FAQ format. However, it earns a spot on this list due to the powerful way it describes the process of slowly finding joy in life again after losing a close loved one.

Ward’s experience is also interesting because in the years after her husband’s death, many new people came into her life unaware that she was a widow. Thus, she often had to tell these new people a story that’s painful but unavoidable. This is a common aspect of losing a loved one that not many discussions address.

2. ‘Everything I know about a good death I learned from my cat’ by Elizabeth Lopatto

Not all great essays about death need to be about human deaths! In this essay, author Elizabeth Lopatto explains how watching her beloved cat slowly die of leukemia and coordinating with her vet throughout the process helped her better understand what a “good death” looks like.

For instance, she explains how her vet provided a degree of treatment but never gave her false hope (for instance, by claiming her cat was going to beat her illness). They also worked together to make sure her cat was as comfortable as possible during the last stages of her life instead of prolonging her suffering with unnecessary treatments.

Lopatto compares this to the experiences of many people near death. Sometimes they struggle with knowing how to accept death because well-meaning doctors have given them the impression that more treatments may prolong or even save their lives, when the likelihood of them being effective is slimmer than patients may realize.

Instead, Lopatto argues that it’s important for loved ones and doctors to have honest and open conversations about death when someone’s passing is likely near. This can make it easier to prioritize their final wishes instead of filling their last days with hospital visits, uncomfortable treatments, and limited opportunities to enjoy themselves.

3. ‘The terrorist inside my husband’s brain’ by Susan Schneider Williams

This article, which Susan Schneider Williams wrote after the death of her husband Robin Willians, covers many of the topics that numerous essays about the death of a loved one cover, such as coping with life when you no longer have support from someone who offered so much of it. 

However, it discusses living with someone coping with a difficult illness that you don’t fully understand, as well. The article also explains that the best way to honor loved ones who pass away after a long struggle is to work towards better understanding the illnesses that affected them. 

4. ‘Before I Go’ by Paul Kalanithi

“Before I Go” is a unique essay in that it’s about the death of a loved one, written by the dying loved one. Its author, Paul Kalanithi, writes about how a terminal cancer diagnosis has changed the meaning of time for him.

Kalanithi describes believing he will die when his daughter is so young that she will likely never have any memories of him. As such, each new day brings mixed feelings. On the one hand, each day gives him a new opportunity to see his daughter grow, which brings him joy. On the other hand, he must struggle with knowing that every new day brings him closer to the day when he’ll have to leave her life.

Coping with grief can be immensely challenging. That said, as the stories in these essays illustrate, it is possible to manage grief in a positive and optimistic way.

5. Untitled by Sheryl Sandberg

This piece by Sheryl Sandberg, Facebook’s current CEO, isn’t a traditional essay or article. It’s actually a long Facebook post. However, many find it’s one of the best essays about death and grief anyone has published in recent years.

She posted it on the last day of sheloshim for her husband, a period of 30 days involving intense mourning in Judaism. In the post, Sandberg describes in very honest terms how much she learned from those 30 days of mourning, admitting that she sometimes still experiences hopelessness, but has resolved to move forward in life productively and with dignity.

She explains how she wanted her life to be “Option A,” the one she had planned with her husband. However, because that’s no longer an option, she’s decided the best way to honor her husband’s memory is to do her absolute best with “Option B.”

This metaphor actually became the title of her next book. Option B , which Sandberg co-authored with Adam Grant, a psychologist at the Wharton School of the University of Pennsylvania, is already one of the most beloved books about death , grief, and being resilient in the face of major life changes. It may strongly appeal to anyone who also appreciates essays about death as well.

6. ‘My Own Life’ by Oliver Sacks

Grief doesn’t merely involve grieving those we’ve lost. It can take the form of the grief someone feels when they know they’re going to die.

Renowned physician and author Oliver Sacks learned he had terminal cancer in 2015. In this essay, he openly admits that he fears his death. However, he also describes how knowing he is going to die soon provides a sense of clarity about what matters most. Instead of wallowing in his grief and fear, he writes about planning to make the very most of the limited time he still has.

Belief in (or at least hope for) an afterlife has been common throughout humanity for decades. Additionally, some people who have been clinically dead report actually having gone to the afterlife and experiencing it themselves.

Whether you want the comfort that comes from learning that the afterlife may indeed exist, or you simply find the topic of near-death experiences interesting, these are a couple of short articles worth checking out.

7. ‘My Experience in a Coma’ by Eben Alexander

“My Experience in a Coma” is a shortened version of the narrative Dr. Eben Alexander shared in his book, Proof of Heaven . Alexander’s near-death experience is unique, as he’s a medical doctor who believes that his experience is (as the name of his book suggests) proof that an afterlife exists. He explains how at the time he had this experience, he was clinically braindead, and therefore should not have been able to consciously experience anything.

Alexander describes the afterlife in much the same way many others who’ve had near-death experiences describe it. He describes starting out in an “unresponsive realm” before a spinning white light that brought with it a musical melody transported him to a valley of abundant plant life, crystal pools, and angelic choirs. He states he continued to move from one realm to another, each realm higher than the last, before reaching the realm where the infinite love of God (which he says is not the “god” of any particular religion) overwhelmed him.

8. “One Man's Tale of Dying—And Then Waking Up” by Paul Perry

The author of this essay recounts what he considers to be one of the strongest near-death experience stories he’s heard out of the many he’s researched and written about over the years. The story involves Dr. Rajiv Parti, who claims his near-death experience changed his views on life dramatically.

Parti was highly materialistic before his near-death experience. During it, he claims to have been given a new perspective, realizing that life is about more than what his wealth can purchase. He returned from the experience with a permanently changed outlook.

This is common among those who claim to have had near-death experiences. Often, these experiences leave them kinder, more understanding, more spiritual, and less materialistic.

This short article is a basic introduction to Parti’s story. He describes it himself in greater detail in the book Dying to Wake Up , which he co-wrote with Paul Perry, the author of the article.

Essays About Death: Discussing a Difficult Topic

It’s completely natural and understandable to have reservations about discussing death. However, because death is unavoidable, talking about it and reading essays and books about death instead of avoiding the topic altogether is something that benefits many people. Sometimes, the only way to cope with something frightening is to address it.

Categories:

  • Coping With Grief

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Home — Essay Samples — Social Issues — Death Penalty — Against the Death Penalty: A Persuasive Argument for Abolition

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Against The Death Penalty: a Persuasive Argument for Abolition

  • Categories: Capital Punishment Death Penalty

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Words: 919 |

Published: Mar 18, 2021

Words: 919 | Pages: 2 | 5 min read

Works Cited

  • Dieter, R. C. (2010). The death penalty in decline: From error to arbitrariness. Journal of Criminal Law and Criminology, 99(3), 1005-1032.
  • National Coalition to Abolish the Death Penalty. (n.d.). Innocence and the death penalty. Retrieved from https://www.ncadp.org/pages/innocence
  • National Coalition to Abolish the Death Penalty. (n.d.). Costs of the death penalty. Retrieved from https://www.ncadp.org/pages/costs
  • Baumgartner, F. R., De Boef, S., & Boydstun, A. E. (2008). The decline of the death penalty and the discovery of innocence. Cambridge University Press.
  • Bedau, H. A., & Cassell, P. G. (Eds.). (2004). Debating the death penalty: Should America have capital punishment? Oxford University Press.
  • Schabas, W. A. (2013). The abolition of the death penalty in international law. Cambridge University Press.
  • Benjet, C., González-Rodríguez, R., Orellana, Y., Borges, G., & Medina-Mora, M. E. (2007). Descriptive epidemiology of homicide in Mexico: 1990-1999. Bulletin of the World Health Organization, 85(5), 364-371.
  • Bright, S. H. (2009). Counsel for the poor: The death penalty not for the worst crime but for the worst lawyer. Yale Law Journal, 103(8), 1835-1882.
  • Shepherd, J. M. (2017). Serial killers: Evolution, antisocial personality disorder and psychological interventions. Journal of Forensic Psychiatry & Psychology, 28(6), 723-740.
  • Poveda, T. (2014). The death penalty in Latin America: A comparative analysis of the struggle for abolition in Mexico and Colombia. Journal of Latin American Studies, 46(4), 755-781.

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When Prison and Mental Illness Amount to a Death Sentence

The downward spiral of one inmate, Markus Johnson, shows the larger failures of the nation’s prisons to care for the mentally ill.

Supported by

By Glenn Thrush

Photographs by Carlos Javier Ortiz

Glenn Thrush spent more than a year reporting this article, interviewing close to 50 people and reviewing court-obtained body-camera footage and more than 1,500 pages of documents.

  • Published May 5, 2024 Updated May 7, 2024

Markus Johnson slumped naked against the wall of his cell, skin flecked with pepper spray, his face a mask of puzzlement, exhaustion and resignation. Four men in black tactical gear pinned him, his face to the concrete, to cuff his hands behind his back.

He did not resist. He couldn’t. He was so gravely dehydrated he would be dead by their next shift change.

Listen to this article with reporter commentary

“I didn’t do anything,” Mr. Johnson moaned as they pressed a shield between his shoulders.

It was 1:19 p.m. on Sept. 6, 2019, in the Danville Correctional Center, a medium-security prison a few hours south of Chicago. Mr. Johnson, 21 and serving a short sentence for gun possession, was in the throes of a mental collapse that had gone largely untreated, but hardly unwatched.

He had entered in good health, with hopes of using the time to gain work skills. But for the previous three weeks, Mr. Johnson, who suffered from bipolar disorder and schizophrenia, had refused to eat or take his medication. Most dangerous of all, he had stealthily stopped drinking water, hastening the physical collapse that often accompanies full-scale mental crises.

Mr. Johnson’s horrific downward spiral, which has not been previously reported, represents the larger failures of the nation’s prisons to care for the mentally ill. Many seriously ill people receive no treatment . For those who do, the outcome is often determined by the vigilance and commitment of individual supervisors and frontline staff, which vary greatly from system to system, prison to prison, and even shift to shift.

The country’s jails and prisons have become its largest provider of inpatient mental health treatment, with 10 times as many seriously mentally ill people now held behind bars as in hospitals. Estimating the population of incarcerated people with major psychological problems is difficult, but the number is likely 200,000 to 300,000, experts say.

Many of these institutions remain ill-equipped to handle such a task, and the burden often falls on prison staff and health care personnel who struggle with the dual roles of jailer and caregiver in a high-stress, dangerous, often dehumanizing environment.

In 2021, Joshua McLemore , a 29-year-old with schizophrenia held for weeks in an isolation cell in Jackson County, Ind., died of organ failure resulting from a “refusal to eat or drink,” according to an autopsy. In April, New York City agreed to pay $28 million to settle a lawsuit filed by the family of Nicholas Feliciano, a young man with a history of mental illness who suffered severe brain damage after attempting to hang himself on Rikers Island — as correctional officers stood by.

Mr. Johnson’s mother has filed a wrongful-death suit against the state and Wexford Health Sources, a for-profit health care contractor in Illinois prisons. The New York Times reviewed more than 1,500 pages of reports, along with depositions taken from those involved. Together, they reveal a cascade of missteps, missed opportunities, potential breaches of protocol and, at times, lapses in common sense.

A woman wearing a jeans jacket sitting at a table showing photos of a young boy on her cellphone.

Prison officials and Wexford staff took few steps to intervene even after it became clear that Mr. Johnson, who had been hospitalized repeatedly for similar episodes and recovered, had refused to take medication. Most notably, they did not transfer him to a state prison facility that provides more intensive mental health treatment than is available at regular prisons, records show.

The quality of medical care was also questionable, said Mr. Johnson’s lawyers, Sarah Grady and Howard Kaplan, a married legal team in Chicago. Mr. Johnson lost 50 to 60 pounds during three weeks in solitary confinement, but officials did not initiate interventions like intravenous feedings or transfer him to a non-prison hospital.

And they did not take the most basic step — dialing 911 — until it was too late.

There have been many attempts to improve the quality of mental health treatment in jails and prisons by putting care on par with punishment — including a major effort in Chicago . But improvements have proved difficult to enact and harder to sustain, hampered by funding and staffing shortages.

Lawyers representing the state corrections department, Wexford and staff members who worked at Danville declined to comment on Mr. Johnson’s death, citing the unresolved litigation. In their interviews with state police investigators, and in depositions, employees defended their professionalism and adherence to procedure, while citing problems with high staff turnover, difficult work conditions, limited resources and shortcomings of co-workers.

But some expressed a sense of resignation about the fate of Mr. Johnson and others like him.

Prisoners have “much better chances in a hospital, but that’s not their situation,” said a senior member of Wexford’s health care team in a deposition.

“I didn’t put them in prison,” he added. “They are in there for a reason.”

Markus Mison Johnson was born on March 1, 1998, to a mother who believed she was not capable of caring for him.

Days after his birth, he was taken in by Lisa Barker Johnson, a foster mother in her 30s who lived in Zion, Ill., a working-class city halfway between Chicago and Milwaukee. Markus eventually became one of four children she adopted from different families.

The Johnson house is a lively split level, with nieces, nephews, grandchildren and neighbors’ children, family keepsakes, video screens and juice boxes. Ms. Johnson sits at its center on a kitchen chair, chin resting on her hand as children wander over to share their thoughts, or to tug on her T-shirt to ask her to be their bathroom buddy.

From the start, her bond with Markus was particularly powerful, in part because the two looked so much alike, with distinctive dimpled smiles. Many neighbors assumed he was her biological son. The middle name she chose for him was intended to convey that message.

“Mison is short for ‘my son,’” she said standing over his modest footstone grave last summer.

He was happy at home. School was different. His grades were good, but he was intensely shy and was diagnosed with attention deficit hyperactivity disorder in elementary school.

That was around the time the bullying began. His sisters were fierce defenders, but they could only do so much. He did the best he could, developing a quick, taunting tongue.

These experiences filled him with a powerful yearning to fit in.

It was not to be.

When he was around 15, he called 911 in a panic, telling the dispatcher he saw two men standing near the small park next to his house threatening to abduct children playing there. The officers who responded found nothing out of the ordinary, and rang the Johnsons’ doorbell.

He later told his mother he had heard a voice telling him to “protect the kids.”

He was hospitalized for the first time at 16, and given medications that stabilized him for stretches of time. But the crises would strike every six months or so, often triggered by his decision to stop taking his medication.

His family became adept at reading signs he was “getting sick.” He would put on his tan Timberlands and a heavy winter coat, no matter the season, and perch on the edge of his bed as if bracing for battle. Sometimes, he would cook his own food, paranoid that someone might poison him.

He graduated six months early, on the dean’s list, but was rudderless, and hanging out with younger boys, often paying their way.

His mother pointed out the perils of buying friendship.

“I don’t care,” he said. “At least I’ll be popular for a minute.”

Zion’s inviting green grid of Bible-named streets belies the reality that it is a rough, unforgiving place to grow up. Family members say Markus wanted desperately to prove he was tough, and emulated his younger, reckless group of friends.

Like many of them, he obtained a pistol. He used it to hold up a convenience store clerk for $425 in January 2017, according to police records. He cut a plea deal for two years of probation, and never explained to his family what had made him do it.

But he kept getting into violent confrontations. In late July 2018, he was arrested in a neighbor’s garage with a handgun he later admitted was his. He was still on probation for the robbery, and his public defender negotiated a plea deal that would send him to state prison until January 2020.

An inpatient mental health system

Around 40 percent of the about 1.8 million people in local, state and federal jails and prison suffer from at least one mental illness, and many of these people have concurrent issues with substance abuse, according to recent Justice Department estimates.

Psychological problems, often exacerbated by drug use, often lead to significant medical problems resulting from a lack of hygiene or access to good health care.

“When you suffer depression in the outside world, it’s hard to concentrate, you have reduced energy, your sleep is disrupted, you have a very gloomy outlook, so you stop taking care of yourself,” said Robert L. Trestman , a Virginia Tech medical school professor who has worked on state prison mental health reforms.

The paradox is that prison is often the only place where sick people have access to even minimal care.

But the harsh work environment, remote location of many prisons, and low pay have led to severe shortages of corrections staff and the unwillingness of doctors, nurses and counselors to work with the incarcerated mentally ill.

In the early 2000s, prisoners’ rights lawyers filed a class-action lawsuit against Illinois claiming “deliberate indifference” to the plight of about 5,000 mentally ill prisoners locked in segregated units and denied treatment and medication.

In 2014, the parties reached a settlement that included minimum staffing mandates, revamped screening protocols, restrictions on the use of solitary confinement and the allocation of about $100 million to double capacity in the system’s specialized mental health units.

Yet within six months of the deal, Pablo Stewart, an independent monitor chosen to oversee its enforcement, declared the system to be in a state of emergency.

Over the years, some significant improvements have been made. But Dr. Stewart’s final report , drafted in 2022, gave the system failing marks for its medication and staffing policies and reliance on solitary confinement “crisis watch” cells.

Ms. Grady, one of Mr. Johnson’s lawyers, cited an additional problem: a lack of coordination between corrections staff and Wexford’s professionals, beyond dutifully filling out dozens of mandated status reports.

“Markus Johnson was basically documented to death,” she said.

‘I’m just trying to keep my head up’

Mr. Johnson was not exactly looking forward to prison. But he saw it as an opportunity to learn a trade so he could start a family when he got out.

On Dec. 18, 2018, he arrived at a processing center in Joliet, where he sat for an intake interview. He was coherent and cooperative, well-groomed and maintained eye contact. He was taking his medication, not suicidal and had a hearty appetite. He was listed as 5 feet 6 inches tall and 256 pounds.

Mr. Johnson described his mood as “go with the flow.”

A few days later, after arriving in Danville, he offered a less settled assessment during a telehealth visit with a Wexford psychiatrist, Dr. Nitin Thapar. Mr. Johnson admitted to being plagued by feelings of worthlessness, hopelessness and “constant uncontrollable worrying” that affected his sleep.

He told Dr. Thapar he had heard voices in the past — but not now — telling him he was a failure, and warning that people were out to get him.

At the time he was incarcerated, the basic options for mentally ill people in Illinois prisons included placement in the general population or transfer to a special residential treatment program at the Dixon Correctional Center, west of Chicago. Mr. Johnson seemed out of immediate danger, so he was assigned to a standard two-man cell in the prison’s general population, with regular mental health counseling and medication.

Things started off well enough. “I’m just trying to keep my head up,” he wrote to his mother. “Every day I learn to be stronger & stronger.”

But his daily phone calls back home hinted at friction with other inmates. And there was not much for him to do after being turned down for a janitorial training program.

Then, in the spring of 2019, his grandmother died, sending him into a deep hole.

Dr. Thapar prescribed a new drug used to treat major depressive disorders. Its most common side effect is weight gain. Mr. Johnson stopped taking it.

On July 4, he told Dr. Thapar matter-of-factly during a telehealth check-in that he was no longer taking any of his medications. “I’ve been feeling normal, I guess,” he said. “I feel like I don’t need the medication anymore.”

Dr. Thapar said he thought that was a mistake, but accepted the decision and removed Mr. Johnson from his regular mental health caseload — instructing him to “reach out” if he needed help, records show.

The pace of calls back home slackened. Mr. Johnson spent more time in bed, and became more surly. At a group-therapy session, he sat stone silent, after showing up late.

By early August, he was telling guards he had stopped eating.

At some point, no one knows when, he had intermittently stopped drinking fluids.

‘I’m having a breakdown’

Then came the crash.

On Aug. 12, Mr. Johnson got into a fight with his older cellmate.

He was taken to a one-man disciplinary cell. A few hours later, Wexford’s on-site mental health counselor, Melanie Easton, was shocked by his disoriented condition. Mr. Johnson stared blankly, then burst into tears when asked if he had “suffered a loss in the previous six months.”

He was so unresponsive to her questions she could not finish the evaluation.

Ms. Easton ordered that he be moved to a 9-foot by 8-foot crisis cell — solitary confinement with enhanced monitoring. At this moment, a supervisor could have ticked the box for “residential treatment” on a form to transfer him to Dixon. That did not happen, according to records and depositions.

Around this time, he asked to be placed back on his medication but nothing seems to have come of it, records show.

By mid-August, he said he was visualizing “people that were not there,” according to case notes. At first, he was acting more aggressively, once flicking water at a guard through a hole in his cell door. But his energy ebbed, and he gradually migrated downward — from standing to bunk to floor.

“I’m having a breakdown,” he confided to a Wexford employee.

At the time, inmates in Illinois were required to declare an official hunger strike before prison officials would initiate protocols, including blood testing or forced feedings. But when a guard asked Mr. Johnson why he would not eat, he said he was “fasting,” as opposed to starving himself, and no action seems to have been taken.

‘Tell me this is OK!’

Lt. Matthew Morrison, one of the few people at Danville to take a personal interest in Mr. Johnson, reported seeing a white rind around his mouth in early September. He told other staff members the cell gave off “a death smell,” according to a deposition.

On Sept. 5, they moved Mr. Johnson to one of six cells adjacent to the prison’s small, bare-bones infirmary. Prison officials finally placed him on the official hunger strike protocol without his consent.

Mr. Morrison, in his deposition, said he was troubled by the inaction of the Wexford staff, and the lack of urgency exhibited by the medical director, Dr. Justin Young.

On Sept. 5, Mr. Morrison approached Dr. Young to express his concerns, and the doctor agreed to order blood and urine tests. But Dr. Young lived in Chicago, and was on site at the prison about four times a week, according to Mr. Kaplan. Friday, Sept. 6, 2019, was not one of those days.

Mr. Morrison arrived at work that morning, expecting to find Mr. Johnson’s testing underway. A Wexford nurse told him Dr. Young believed the tests could wait.

Mr. Morrison, stunned, asked her to call Dr. Young.

“He’s good till Monday,” Dr. Young responded, according to Mr. Morrison.

“Come on, come on, look at this guy! You tell me this is OK!” the officer responded.

Eventually, Justin Duprey, a licensed nurse practitioner and the most senior Wexford employee on duty that day, authorized the test himself.

Mr. Morrison, thinking he had averted a disaster, entered the cell and implored Mr. Johnson into taking the tests. He refused.

So prison officials obtained approval to remove him forcibly from his cell.

‘Oh, my God’

What happened next is documented in video taken from cameras held by officers on the extraction team and obtained by The Times through a court order.

Mr. Johnson is scarcely recognizable as the neatly groomed 21-year-old captured in a cellphone picture a few months earlier. His skin is ashen, eyes fixed on the middle distance. He might be 40. Or 60.

At first, he places his hands forward through the hole in his cell door to be cuffed. This is against procedure, the officers shout. His hands must be in back.

He will not, or cannot, comply. He wanders to the rear of his cell and falls hard. Two blasts of pepper spray barely elicit a reaction. The leader of the tactical team later said he found it unusual and unnerving.

The next video is in the medical unit. A shield is pressed to his chest. He is in agony, begging for them to stop, as two nurses attempt to insert a catheter.

Then they move him, half-conscious and limp, onto a wheelchair for the blood draw.

For the next 20 minutes, the Wexford nurse performing the procedure, Angelica Wachtor, jabs hands and arms to find a vessel that will hold shape. She winces with each puncture, tries to comfort him, and grows increasingly rattled.

“Oh, my God,” she mutters, and asks why help is not on the way.

She did not request assistance or discuss calling 911, records indicate.

“Can you please stop — it’s burning real bad,” Mr. Johnson said.

Soon after, a member of the tactical team reminds Ms. Wachtor to take Mr. Johnson’s vitals before taking him back to his cell. She would later tell Dr. Young she had been unable to able to obtain his blood pressure.

“You good?” one of the team members asks as they are preparing to leave.

“Yeah, I’ll have to be,” she replies in the recording.

Officers lifted him back onto his bunk, leaving him unconscious and naked except for a covering draped over his groin. His expressionless face is visible through the window on the cell door as it closes.

‘Cardiac arrest.’

Mr. Duprey, the nurse practitioner, had been sitting inside his office after corrections staff ordered him to shelter for his own protection, he said. When he emerged, he found Ms. Wachtor sobbing, and after a delay, he was let into the cell. Finding no pulse, Mr. Duprey asked a prison employee to call 911 so Mr. Johnson could be taken to a local emergency room.

The Wexford staff initiated CPR. It did not work.

At 3:38 p.m., the paramedics declared Markus Mison Johnson dead.

Afterward, a senior official at Danville called the Johnson family to say he had died of “cardiac arrest.”

Lisa Johnson pressed for more information, but none was initially forthcoming. She would soon receive a box hastily crammed with his possessions: uneaten snacks, notebooks, an inspirational memoir by a man who had served 20 years at Leavenworth.

Later, Shiping Bao, the coroner who examined his body, determined Mr. Johnson had died of severe dehydration. He told the state police it “was one of the driest bodies he had ever seen.”

For a long time, Ms. Johnson blamed herself. She says that her biggest mistake was assuming that the state, with all its resources, would provide a level of care comparable to what she had been able to provide her son.

She had stopped accepting foster care children while she was raising Markus and his siblings. But as the months dragged on, she decided her once-boisterous house had become oppressively still, and let local agencies know she was available again.

“It is good to have children around,” she said. “It was too quiet around here.”

Read by Glenn Thrush

Audio produced by Jack D’Isidoro .

Glenn Thrush covers the Department of Justice. He joined The Times in 2017 after working for Politico, Newsday, Bloomberg News, The New York Daily News, The Birmingham Post-Herald and City Limits. More about Glenn Thrush

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History's Weirdest Death Sentence Rules You Never Knew Existed

Knights Templar burning at the stake in front of crowd

It's 1386 and you're a Frenchman in the Norman city of Falaise. A high-profile murder trial of a killer sick enough kill a young child is ending. As you sit in the courtroom, the judge pronounces a sentence: the defendant is to hang. The only problem? The defendant is a pig.

This isn't an absurdist film — it's a real trial illustrating that the administration of the death penalty — something people take for granted as a fact of life in the past — has been far from simple and sometimes downright weird. Given humans' morbid fascination with death — especially when it becomes a public ritual — it is no surprise that capital punishment developed all sorts of rules and customs that rarely make sense to modern Western audiences. 

Nevertheless, recall Chesterton's Fence: if a long-standing tradition exists, it's probably there for a reason. Ditto for the sometimes-Byzantine rules surrounding capital punishment; they made sense in their historical and social contexts — sometimes practical, other times ritualistic, no matter how repulsive they might seem today. The only thing they have in common is that they were usually downright brutal.  

Asking for forgiveness

Despite their fair share of cruel and unusual punishments, medieval and Renaissance societies tried to blunt the impact of the death penalty by turning it into a more "humane" Christianized ritual. This involved getting the executioner and the condemned together for a last drink and a plea for forgiveness.

The execution of Hans Vogel in 16th-century Nuremberg, as recounted in historian Joel Harrington's book "The Faithful Executioner, reproduced in Slate , illustrates the elaborate — and sometimes strange — ritual that developed around the death penalty. The condemned man's last days were not too dissimilar from a death row inmate's final days today. He could receive family, receive spiritual comfort, have a last meal and drink, and confess his sins in hopes of getting into heaven. But once it was time to die, his final meeting would be with the executioner, who walked into the condemned — and ideally, drunk — man's cell dressed in his best clothes.

Once inside the cell, the executioner would ask the inmate's forgiveness for what he was about to do. They would then engage in small talk — or at least try — and figure out if the prisoner was ready for the execution. If not, they shared a St. John's Drink, the famous painkiller, and proceeded to the execution site. If the executioner was feeling merciful, he might let the condemned man take a comfort item to the execution.

Animal trials

It's 1457. A sow and her six piglets terrorize the French town of Savigny, attacking people and killing a 5-year-old boy. According to JSTOR , instead of facing liability, the pigs' owner walks, leaving the animals to stand trial for murder. The sow is convicted and sentenced to death by hanging. The piglets walk on the basis that no one could prove their involvement.

It's unfathomable to modern ears, but this kind of thing really happened, and not just in Savigny. As previously mentioned, in 1386, another sow was executed on similar grounds in the Norman city of Falaise. Animal trials saw their defendants accused of crimes like murder and tried as humans, even though they could not defend themselves because, well ... they were animals. So when the sow of 1386 was executed, she was dressed up in a human's clothes, taken with an armed escort, and hung by a professional executioner.

Surprisingly, trying animals over demonic activity was rare, likely because the medieval Catholic Church generally did not prosecute witchcraft. Usually, people took those matters into their own hands, as in the killing of black cats during plagues. Cases like the execution of the Cock of Basel were the exception. The bird was executed for laying an egg that would hatch into a basilisk (like the one in Harry Potter) .

Tipping the executioner for a less painful death

Across Europe, especially in pre-Revolutionary France, execution varied according to one's class. Commoners faced some of the most painful methods of execution such as burning, hanging, or being "broken on the wheel" — an excruciating punishment that involved crushing the condemned man's bones and threatening them through the spokes of a wheel before being stabbed. Aristocrats were also technically subject to such punishments. But even at death's doorstep, money talked. Among the unwritten rules of execution was the chance for the wealthy to "tip" the executioner to get a less painful death by beheading. During the French Revolution, the revolutionaries bemoaned this fact and decided to equalize things by inventing the guillotine, which would subject all the condemned to a quick death by beheading.

Although Europe abandoned the more brutal forms of execution in the 19th century, the practice of tipping executioners did not die out, mostly in the context of firing squads . At least one example of this exists from 1867, when Emperor Maximilian of Mexico faced the firing squad at the hands of Benito Juarez's Mexican republicans. The Met Museum says he gave his executioners some gold to grant him a more dignified death by not shooting him in the face. It is unclear what really happened, but given the commonality of the practice among European nobles, there's no reason why it couldn't be true.

The Law of Fratricide

Imagine a law that requires the death penalty regularly — not just a one-off — to be applied to a group of people just for existing. That is how things worked in the upper echelons of the Ottoman Empire, where all male claimants to the Sublime Porte were de facto sentenced to death under the Law of Fratricide.

The Ottoman Empire had one achilles' heel that no army could counter: the sultans' practice of polygamy. The vast Ottoman harems birthed numerous potential successors to the throne , resulting in succession crises every time a sultan died. Instead of instituting a clear succession law, Mehmet II, whose first act was to kill his infant brother, passed the Law of Fratricide. This legislation legally required the sultan's heirs to fight it out and kill all of their male siblings and all of their uncles and cousins with claims or designs on the throne until only one man was left. 

The law was brutal and its logic simple: no spares meant no civil war or internal unrest. The Hunger Games-style free-for-all ensured that the most ruthless and sadistic men became sultans — men who were willing to keep the diverse and fractious Ottoman Empire united and their positions secure by any and all means necessary. Brutal to Western eyes, but in the context of the dangerous world of the Renaissance, it made sense from a purely realpolitik perspective.

Aztec alcohol laws didn't care who you were related to

Generally, the more money one has, the more one gets away with, especially when it comes to crime. Even history's most famous law code, that of Hammurabi , gave nobles a free pass on a number of capital crimes for commoners. In the Americas, however, things were very different.

The Aztec law on public drunkenness best illustrates this point. The Aztec Empire strictly controlled alcohol consumption. Only the elderly could drink freely and still show their faces in public — it was even encouraged at certain ceremonies. Otherwise, alcohol was virtually forbidden to commoners, while elites were allowed to drink in limited amounts. But being part of the ruling class was not a get-out-of-jail-free card for violating the law. Public drunkenness was a capital offense for anyone under 70 — and it did not discriminate. Nobles and commoners alike who appeared drunk in public were given second chances, but repeat offenders went straight to execution.

The Aztec rationale for punishing nobles the same as commoners rested on the empire's conception of nobility. As the educated class and future leaders of the empire, nobles set the standards for public virtue and conduct — in other words, they were expected to practice what they preached. The only difference was the execution itself — commoners were publicly beaten, while nobles and their families were spared shame through private strangulation.

The Catch-22 of Dakota justice

A functioning justice system ideally punishes wrongdoing rather than encouraging more of it. Among the Dakota people of the Upper Midwest, however, punishing the crime of murder was hardly straightforward, thanks to a Catch-22 of sorts that put family honor on a collision course with justice.

Being a non-literate culture, the Dakota and most other native tribes of North America did not have written law codes. Justice was often meted out by elders or sorted out among the families of those involved in a dispute. Because of this system, feuds between Dakota families — particularly those involving murder — often got out of hand. After the initial murder occurred, custom dictated the aggrieved party seek vengeance, which often culminated in a cycle of revenge killings that stacked several more bodies and created several more murderers to avenge.

Eventually, the elders would tire of the ceaseless killing and negotiate between the killers' family and the victims' family. The murderers' family would agree to turn the accused over to the victims' family. If the original killer was already dead from a revenge killing that had been perpetuated, whoever did the most recent revenge killing was handed over to the victims' families instead. That family can then decide to kill him or set him free. This method was perhaps meant as a deterrent — if one carried out the revenge, they became a candidate for execution; a true Catch-22 if there ever was one.

Among the Inuit, relatives carried out executions

The nomadic Inuit of the Arctic did not have any concept of law or tit-for-tat justice as the sedentary societies in Europe, Asia, and Mesoamerica did. Rather, crime was defined principally on whether the action was considered detrimental to group survival. Punishment was meted out according to the level of disruption, which the Alberta Law Review calls the "maintenance of peace."

A handful of offenses were considered so noxious to collective survival that they usually resulted in execution. Some of them were typical — serial murder (single murders could be excused in the name of group harmony), serial lying, serial theft, or mental illness, and sorcery. Other "crimes" related to group survival included being an extra, unwanted (usually) female child, being elderly, or chronically ill — and the Inuit way of administering justice was simultaneously strange and extremely cruel to modern eyes.

Under Inuit custom, relatives of the condemned party carried out the execution. This undoubtedly was incredibly difficult — imagine being a mother asked to abandon her baby daughter, or a man told to kill his elderly relative. But within the Inuit value of collective survival above all else, the rules made sense in the harsh Arctic, unity was paramount. Disunity through internecine feuds could mean the destruction of the group and all its members. But if the people closest to the condemned person carried out the killing, there was no one to take vengeance on.

In Japan, executions are quick, unexpected, and sometimes unappealable

In countries such as the United States, death row inmates are often given spiritual counseling, visits with relatives, a last meal, and notice of their execution well before it ever happens. Opponents of the death penalty argue the long wait (usually while pleading for clemency) is psychological abuse. Japan, however, has solved this problem by making executions sudden and unexpected.

Japanese executions follow a different set of rules than what Americans might be used to. They are carried out by hanging, whereas in the U.S., they are usually by lethal injection or gas. In Japan while one can appeal a capital sentence, the execution can be carried out even while a retrial is pending. Condemned people in Japan usually learn their fates on the mornings of their executions. Their families only find out about the execution afterward from a Ministry of Justice press release.

Death penalty opponents have accused Japan of torturing inmates mentally by hitting them with news of a death sentence unexpectedly and on short notice, without any chance to have family or other friends present for comfort. Japan, on the other hand, has defended this practice as an act of mercy towards the condemned, who would suffer from dread while waiting to be executed.

Stonings in ancient Israel were community affairs

Scholars assume the laws of ancient Israel drew from the three law codes preserved in the Pentateuch, or the first five books of the Bible. If so, stoning would have been the most common penalty for a battery of offenses ranging from adultery, idolatry, blasphemy, and violating the Sabbath.

Leviticus 24:16 says such executions were community affairs, "The whole community shall stone that person" for blasphemy of God's name, with witnesses casting the first stones. The Law's reasoning comes down to purity and collective atonement. The commission of a serious sin brought impurity and guilt upon that person's family and community. By taking part in the sinner's execution, the community purged itself of guilt and impurity. In cases of adultery regarding non-virgin brides (rape excepted) on their wedding nights, Deuteronomy 22:21 called for the men of the community to stone the guilty woman at the entrance of her father's house. Again, the logic ran that executing her there would "Thus ... purge the evil from [their] midst" and return honor and purity to the family home.

It is unclear how the secular laws derived from the law worked in practice, since no legal records or statues from ancient Israel have survived. However, it is reasonable to assume that if the Pentateuch, whose origin is ascribed to God himself, was already around by the 10th century B.C., its rules would have been reflected in the penalties of the time — even if not perfectly.

Venice's secret executions

As the Reformation reached the Italian peninsula, the Republic of Venice faced a dilemma. The republic needed to enforce Catholicism without risking its reputation as a tolerant place for anyone — irrespective of religion — to do business. This was by necessity; the merchant republic's wealth depended in part on relations with Protestant Northern Europe and an influential Jewish community for commercial contacts and opportunities in the Muslim-ruled Eastern Mediterranean. Fighting Protestantism through the Papal Inquisition risked retaliation from Protestant trade partners.

According to historian John Martin's " Venice's Hidden Enemies ," La Serenissima settled on the adage that if no one saw it, it didn't happen. While Renaissance heresy executions were usually public displays of deterrence, Venice avoided execution whenever possible. While the government did mete out death sentences, and publicly executed "common criminals," when it came to heretics they carried out those killings in absolute secrecy. A small group of officials and priests rowed the condemned person out to the lagoon before sunrise, weighed them down with a stone, prayed over them, and dumped them into the water. No body, no witnesses, no evidence. For all the doge knew, the condemned person had simply skipped town.

With secret executions, Venice could tell its Protestant partners with a straight face that no persecution was happening to those who didn't subscribe to Catholicism, tell the pope the exact opposite, and send a warning to other potential heretics in her midst that if they went too far, they might just disappear without a trace.

Sherbet and races at the Ottoman court

While members of the Ottoman imperial family were subject to the Law of Fratricide, official executions of non-royals were far more ritualized. According to historian Godfrey Goodwin (via Smithsonian ), executions were announced by the sultan's head gardeners. The potential victim was summoned. "[H]e had to bite his lip through the courtesies of hospitality before, at long last, being handed a cup of sherbet. If it were white, he sighed with relief, but if it were red he was in despair, because red was the color of death." Members of the elite janissary corps then killed the unfortunate man. Given one political slip-up could earn the sultan's ire, Ottoman bureaucrats dreaded this ritual. 

For the highest-ranking officials — namely the grand vizier — there was a chance to escape the dreaded red sherbet. If the official could defeat his assigned gardener in a foot race, he would escape execution. The custom survived into the 19th century, with the last recorded instance being the victory Grand Vizier Halil Pasha. This man, whose predecessor was executed nine days into the job, won his race and a job as governor of Damascus.   

Mongol executions could not shed blood

The  Secret History of the Mongols , a 13th-century biography of Genghis Khan , narrates that in his earlier days  on the Mongolian steppe, he captured two chieftains who had betrayed their oaths to him. They gave themselves up and fully expected to meet a bloody end by having their throats slit. Instead, Genghis Khan had them suffocated to death. This method of execution seemed a glaring contradiction to the usual Mongol modus operandi: leaving a bloody trail of destruction and dead after sacking their way through their latest victim. 

The trend seems to be that the Mongols were happy to shed blood when killing common people, but when it came to nobles, other rules applied. Hulegu Khan, for instance, had Abbasid Caliph Al-Mu'tasim rolled in a carpet and trampled to death by horses during the 1258 sack of Baghdad, while Khwarezmian governor Inalchuq was executed with molten silver down his throat. Translator Urgunge Onon explains that the Mongols were superstitious about shedding the blood of nobles and preferred to kill them through other ways — usually by trampling.

It is unclear why the Mongols had this superstition. One possibility is that it gave royalty a noble death, although not necessarily a less painful one.

Editorial: Of course the death penalty is racist. And it would be wrong even if it weren’t

A person in blue uniform stands at the door to one in a row of jail cells

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Civil rights organizations and defense attorneys last month asked the California Supreme Court to invalidate the death penalty in this state for being irredeemably racist. Around the same time, Alameda County Dist. Atty. Pamela Price announced that a federal judge had ordered her to review 35 cases her office had handled over the last three decades after she discovered evidence that prosecutors systematically excluded Black and Jewish people from juries hearing capital cases.

As written, death penalty laws are race-neutral. Is the death penalty racist?

Norco, CA., December 6, 2019: Common, a well-known actor, rapper and activist, host a round table and performs a concert for residents incarcerated at the California Rehabilitation Center on Friday, December 6, 2019. Represent Justice Campaign in conjunction with Common’s Imagine Justice Initiative and Anti-Recidivism Coalition came together to organize this event. (Jason Armond / Los Angeles Times)

Editorial: California bill can limit role of racism in the criminal justice system

Racism continues to infect the criminal justice system, leading to disproportionate numbers of Black and Latino Americans in prison. California can continue a program to correct the problem if Gov. Gavin Newsom signs AB 256.

Sept. 15, 2022

Of course it is. Evidence and experience show racial bias at play at every level of the criminal justice system, from arrest to jury selection to verdict. The disparities are particularly glaring in death sentences. Black defendants were 4.6 to 8.7 times more likely to be sentenced to death than other defendants facing similar charges, according to a landmark study of thousands of murder and manslaughter convictions dating to 1978. Latinos were 3.2 to 6.2 times more likely to be sentenced to death.

The disparity is even larger when the defendant was Black or Latino and the victim was white or Asian.

LOS ANGELES, CA - MAY 18, 2017 --The Clara Shortridge Foltz Criminal Justice Center is the county courthouse located at 210 West Temple Street, between Broadway and Spring in downtown Los Angeles on May 18, 2017. California’s court leaders expressed alarm Wednesday over a new study that showed more than 100 courthouses in the state — including many in Los Angeles County — could collapse and cause “substantial” loss of life in a major earthquake. Courthouses near the top of the list of buildings in peril include the Stanley Mosk Courthouse and Clara Shortridge Foltz Criminal Justice Center, the Pasadena municipal courthouse, and courthouses in Beverly Hills and Burbank. (Al Seib / Los Angeles Times)

Editorial: Attack racism in California’s criminal proceedings

Lawmakers could improve the justice system by increasing police transparency, expanding diversion of defendants and rolling back the unequal impacts of racism.

Aug. 27, 2020

All of this is documented, but it is also intuitive, after years of evidence showing Black and Latino people being arrested more often and sentenced to longer prison terms than white people for the same crimes. It stands to reason that the same biases would show up in death sentences. The apparent exclusion of Black and Jewish people from Alameda County juries is surprising only because evidence of it surfaced.

The Supreme Court petition contains voluminous data regarding racial bias in California’s capital punishment system.

The board listens to the family of Barry Alan Van Treese at the Oklahoma Pardon and Parole Board clemency hearing for Richard Glossip, Wednesday, April 26, 2023. Oklahoma's top prosecutor and defense attorneys are both seeking another delay in the scheduled execution of death row inmate Glossip. (Doug Hoke/The Oklahoman via AP)

Editorial: Bureaucracy of death may snag condemned Oklahoma man, guilty or not

There’s no better example of the death penalty’s randomness than the case of Richard Glossip in Oklahoma, who even the district attorney says was denied a fair trial. But he’s still slated for a May 18 execution.

April 30, 2023

But in a sense, that’s all beside the point.

The death penalty has been challenged on other grounds, for example because the various drugs and other instruments of execution inflict unconstitutional levels of pain and suffering. But that too is beside the point.

Even if the state could perform painless and anxiety-free executions and racial biases were eliminated, the death penalty would still be wrong.

Payton Gendron is led into the courtroom for a hearing at Erie County Court, in Buffalo, N.Y., Thursday, May 19, 2022. Gendron faces charges in the May 14, fatal shooting at a supermarket. (AP Photo/Matt Rourke)

Editorial: The death penalty is wrong — even for racist mass killers

Seeking to execute accused Buffalo mass killer Payton Gendron would be to answer moral repugnance with moral repugnance.

June 21, 2022

It’s wrong because it puts too much power in the hands of government. Individual government agents, such as police officers, sometimes must exercise deadly force for the protection of others during fast-paced crises, but there is no such justification for carefully planned and premeditated state homicide.

It’s wrong because it’s applied arbitrarily and is overtly political. Consider the statements and actions of former President Trump, who called for the death penalty for drug dealers in 2018, then pardoned convicted drug dealer Alice Johnson in 2020 after her cause was taken up by Kim Kardashian , and now is again demanding execution for drug dealers. Consider President Biden, who as a candidate promised to end capital punishment in federal cases but whose Justice Department nevertheless continues to seek death sentences .

FILE - The execution room at the Oregon State Penitentiary is pictured on Nov. 18, 2011, in Salem, Ore. Oregon Gov. Kate Brown announced on Tuesday, Dec. 13, 2022, she is commuting the sentences of the 17 prison inmates in Oregon who have been sentenced to death to life imprisonment without the possibility of parole. (AP Photo/Rick Bowmer, File)

Editorial: Death penalty’s retreat is excruciatingly slow

Florida jurors and Oregon’s governor were unlikely heroes in the fight against executions last year. But elsewhere the death mill continues to grind.

Jan. 2, 2023

It’s wrong because juries that are qualified to hear arguments and weigh evidence to determine guilt are not qualified — nor is anyone — to weigh non-tangibles such as moral worth, or to choose between life or death without improper emotional considerations. The fact that they do so is legally permissible yet morally unconscionable.

The death penalty is wrong even when it is not imposed, because prosecutors use the mere possibility of execution to pressure defendants into pleading guilty and accepting life sentences — even if they are innocent. It’s wrong because prosecutors “death qualify” juries at the beginning of proceedings by excluding anyone who may have qualms about execution, and because prosecutors are trained to use dehumanizing language (“monster,” “animal”) when trying to get juries to choose death. Even if a death-qualified jury instead chooses life in prison, the same qualities that made jurors open to a death sentence may also have made them more likely to convict.

FILE - Payton Gendron, center, listens as he is sentenced to life in prison without parole for domestic terrorism motivated by hate and each of the 10 counts of first-degree murder, in an Erie County court room, in Buffalo, N.Y., Feb 15, 2023. Federal prosecutors will seek the death penalty against Gendron, they said in a court filing Friday, Jan. 12, 2024..(Derek Gee/The Buffalo News via AP, Pool, File)

Editorial: Buffalo mass killer should not be executed. What happened to Biden’s promise?

Biden’s failure to eliminate the federal death penalty is underscored by Friday’s decision to seek death for Buffalo, N.Y., mass killer Payton Gendron.

Jan. 16, 2024

And sometimes those convictions are in error. Seven Californians sentenced to death since 1973 were later exonerated. The Death Penalty Information Center names 20 people put to death in Southern and border states since 1989 who may well have been innocent.

Americans who favor capital punishment generally want it to be imposed, if at all, without factual error, pain, politics, prosecutorial overreach or racial bias. But that’s just fantasy. The death penalty is inextricably bound up with each of those ills, and more.

In this photo provided by Cal State LA, Maurice Hastings smiles at a hearing at Los Angeles Superior Court where a judge dismissed his conviction for murder after new DNA evidence exonerated him, Oct. 20, 2022, in Los Angeles. (J. Emilio Flores/Cal State LA via AP)

Editorial: He spent 38 years in prison for a crime he didn’t commit. It’s a stain on our justice system

The wrongful conviction and imprisonment of Maurice Hastings for nearly four decades underscores the justice system’s responsibility to be careful when prosecuting defendants and the importance of reopening cases when exonerating evidence appears.

March 1, 2023

California Gov. Gavin Newsom promised that no one would be put to death on his watch, and he ordered that death row and the execution chamber be dismantled. But capital punishment remains on the books in California, and district attorneys continue to use it to unjustly wring guilty pleas from defendants, or to toughen juries by death-qualifying them (although some, including George Gascón of Los Angeles and Jeff Rosen of Santa Clara County , no longer do, and are seeking to reverse death sentences).

The petitioners who cite racism in California death sentences are correct, and they deserve credit for identifying an angle of attack that not only is righteous but also just may work. The tragedy is that it’s necessary for them to do it. The death penalty is morally repugnant and manifestly unjust, even without the long and ample record of racism in its application.

More to Read

OAKLAND, CA - MAY13: The Alameda County Superior Courthouse is seen in Oakland, Calif., on Thursday, May 13, 2021. (Jane Tyska/Digital First Media/East Bay Times via Getty Images)

Federal judge orders Alameda County to review death penalty cases

April 23, 2024

San Quentin, CA, Monday, March 25, 2024 - San Quentin Rehabilitation Center. California is shutting down San Quentin's death row and transferring 471 condemned people out of the prison and into the general population at other prisons throughout the state. (Robert Gauthier/Los Angeles Times)

Prosecutors put men on death row. This California D.A. wants to take them off

April 4, 2024

FILE - This combination of photos shows, from left, Travis McMichael, William "Roddie" Bryan and Gregory McMichael during their trial at the Glynn County Courthouse in Brunswick, Ga. The three white men are asking a U.S. appeals court to throw out their hate crime convictions in the 2020 killing of Ahmaud Arbery. The 25-year-old Black man was chased by men driving pickup trucks and fatally shot in the streets of a coastal Georgia subdivision. Oral arguments are scheduled for Wednesday, March 27, 2024 before the 11th U.S. Circuit Court of Appeals in Atlanta. (AP Photo/Pool, File)

Ahmaud Arbery’s killers ask court to overturn hate crime convictions

March 27, 2024

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Los Angeles, CA - October 28: Los Angeles City Council President Paul Krekorian this morning during the Los Angeles City Council meeting at Los Angeles City Hall on Friday, Oct. 28, 2022, in Los Angeles, CA. (Francine Orr / Los Angeles Times)

Editorial: L.A. City Council just proved it can’t be trusted to fix itself

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Editorial: House antisemitism bill would stymie free speech and wouldn’t make students safer

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SAN PEDRO CA. AUGUST 27, 2020 - A man walks along the Wilmington Waterfront Park against a backdrop of cranes at the Port of Los Angeles on August 28, 2020. California air quality officials are poised to adopt their biggest pollution-cutting regulations in more than a decade, targeting diesel trucks and cargo ships that spew much of the state's cancer-causing and smog-forming emissions. The state Air Resources Board is expected to vote after a public hearing Thursday on two rules: one to establish stringent new emissions standards for heavy-duty diesel trucks and one to reduce pollution from ships docked at ports. (Genaro Molina/Los Angeles Times)

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FILE - Adult film actress Stormy Daniels arrives for the opening of the adult entertainment fair Venus in Berlin, Oct. 11, 2018. An appeals court ruled Tuesday, April 4, 2023, that Daniels must pay nearly $122,000 of Donald Trump's legal fees that were racked up in connection with the porn actor's failed defamation lawsuit. The ruling in Los Angeles came as Trump also faced a criminal case related to alleged hush money he paid to Daniels and another woman who claimed he had affairs with them. (AP Photo/Markus Schreiber, File)

Commentary: Being a porn star doesn’t make Stormy Daniels a liar. Trump’s lawyer should have known that

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This Should Be a Wake-Up Call to the Biden Administration on the Death Penalty

A blueprint for a second Trump term issued by conservative groups contains many alarming wake-up calls for progressives. One that may have been overlooked is the ambitious plan to revive and expand the federal death penalty—and it highlights why Biden must act now to prevent a bloodbath for people condemned to death.

The report by Project 2025 , titled “Mandate for Leadership: The Conservative Promise,” offers a detailed set of policy goals and recommendations for Trump, should he return to the Oval Office. As the AP puts it , “Led by the long-established Heritage Foundation think tank and fueled by former  Trump  administration officials, the far-reaching effort is essentially a government-in-waiting for the former president’s return.” Behind the scenes, leaders of Project 2025 are collaborating with the Trump campaign and plotting a rapid-fire post-inauguration rollout of a right-wing agenda.

Given its membership, it should not come as a surprise that the Project 2025 agenda includes ambitious plans to revive and expand the federal death penalty. But it still should serve as yet another wake-up call for progressives as to why they cannot afford to sit on their hands during the 2024 presidential campaign, and to the Biden administration as to why they should stop temporizing about capital punishment.

The section of “Mandate for Leadership” dedicated to laying out a program for the future Trump Justice Department locates the discussion of the federal death penalty in a broad but familiar context. It argues that a “disturbing number of state and local jurisdictions have enacted policies that directly undermine public safety [and] leave doubt about whether criminals will be punished.”

“Mandate for Leadership” acknowledges that “the prosecution of criminal offenses in most jurisdictions across the country must remain the responsibility of state and local governments,” but claims that “the federal government owes a special responsibility to Americans in jurisdictions where state and local prosecutors have abdicated this duty.” It suggests that the next administration should provide “greater attention and additional federal resources … to protect the rights of American citizens and federal interests.”

It offers a variety of examples of such attention and additional resources—and that is where its death penalty recommendation comes in.

“Capital punishment,” the Project 2025 report concedes, “is a sensitive matter.” But it quickly leaves such delicacy behind and delivers red meat for its conservative readership.

“The current crime wave,” it continues, “makes deterrence vital at the federal, state, and local levels. However, providing this punishment without ever enforcing it provides justice neither for the victims’ families nor for the defendant.” The facts belie this claim about a crime wave—but the report uses it to offer a death penalty one-two punch.

First, “the next conservative Administration should therefore do everything possible to obtain finality for the 44 prisoners currently on federal death row.” “Obtain finality” is a convoluted way of saying execute them and do so with dispatch.

The report doesn’t stop there. It then recommends an expansion of the federal death penalty. The next administration “should also pursue the death penalty for applicable crimes—particularly heinous crimes involving violence and sexual abuse of children—until Congress says otherwise through legislation.”

That the Supreme Court has in the past ruled that the death penalty should not be used for crimes that do not involve the death of the victim, such as child rape, seems not to matter to Project 2025. Perhaps the authors of “Mandate for Leadership” think that the current Supreme Court would take a different view.

And, with Trump, the authors of Project 2025’s death penalty plan know they will have a very receptive audience. In fact, he has long loved the death penalty .

That love affair goes back at least to 1989 when, as the Washington Post notes , “Trump, then a celebrity real estate developer, took out full-page advertisements … to call for a return to the death penalty after a female jogger was beaten and raped in Central Park. Five black and Hispanic teenagers were arrested and convicted in the case, spending years in prison. The ‘Central Park Five’ were later exonerated.”

He said at the time, “I want to hate these muggers and murderers. They should be forced to suffer and, when they kill, they should be executed for their crimes.” Since then, as the Post observes, “Trump has weighed in … on a number of other cases,” using Twitter to make his pro–death penalty feelings known.

During his time as a candidate for president and then during his term in the Oval Office, he has frequently talked about, and talked up, the death penalty. He has embraced it as a sign of his toughness and masculinity and a blunt instrument of public policy.

He has long wanted to expand the range of offenses for which someone could get a death sentence. In 2018, Trump proposed executing drug dealers.

He also claimed that leaders in China and Singapore had told him that the death penalty was an effective method for dealing with drug problems.

That same year, Trump’s attorney general at the time, Jeff Sessions, sent a memo  to all United States attorneys “strongly” encouraging them to seek the death penalty for people caught “dealing in extremely large quantities of drugs.” He claimed, echoing Trump, that doing so would “aid in our continuing fight against drug trafficking and the destruction it causes our nation.”

And, in the waning months of Trump’s presidency, his administration went on a killing spree , reviving long-dormant federal executions. It put 13 people to death in a span of six months.

Along the way, the Trump administration dramatically expanded the federal government’s ability  to carry out the death penalty by issuing a rule allowing it to hang, electrocute, gas, or shoot individuals it did not want to kill by lethal injection.

Since he left office, Trump has continued to embrace capital punishment. In 2022, he used speeches delivered in Las Vegas  and at the America First Policy Institute to bemoan this country’s crime problem and again offer the death penalty as a surefire way to deal with it. “To put it simply, we are a nation in decline,” he said in Vegas. “The streets are flowing with the blood of innocent crime victims. … We need to end the crime wave immediately.”

Death sentences and executions for convicted drug dealers are an important part of his program for doing so. “It sounds horrible, doesn’t it?” Trump asked, “But you know what? That’s the ones that don’t have any problem. It doesn’t take 15 years in court. It goes quickly, and you absolutely—you execute a drug dealer, and you’ll save 500 lives.”

Trump’s death penalty fantasies seem to know no limit.

Last September, he took to Truth Social to suggest that Gen. Mark Milley, then chair of the Joint Chiefs of Staff, should be executed for what he did in the aftermath of the Jan. 6 insurrection. He wrote that Milley’s phone call to reassure China after the storming of the Capitol was “an act so egregious that, in times gone by, the punishment would have been DEATH.”

Project 2025’s “Mandate for Leadership” offers a way for Trump to turn his fantasies and fervor about the death penalty into a chilling plan of action. That is why, at the very least, Joe Biden should use his clemency power to commute the sentence of everyone now on the federal death row. It is why progressives, who now may harbor doubts about Biden, must enlist as loyal foot soldiers in his reelection campaign.

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Tennessee governor OKs bill allowing death penalty for child rape convictions

Gov. Bill Lee speaks during a news conference at the end of the 2024 legislative session, Thursday, April 25, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)

Gov. Bill Lee speaks during a news conference at the end of the 2024 legislative session, Thursday, April 25, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)

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NASHVILLE, Tenn. (AP) — Tennessee Gov. Bill Lee has approved legislation allowing the death penalty in child rape convictions, a change the Republican-controlled Statehouse championed amid concerns that the U.S. Supreme Court has banned capital punishment in such cases.

Lee, a Republican, quietly signed off on the legislation last week without issuing a statement.

The new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child. Those convicted could be sentenced to death, imprisonment for life without possibility of parole, or imprisonment for life.

Florida’s Gov. Ron DeSantis enacted a similar bill nearly a year ago. A few months after being enacted, Florida prosecutors in Lake County announced in December that they were pursuing the death penalty for a man accused of committing sexual battery of a minor under the age of twelve. According to the Death Penalty Information Center, the case is considered the first to be pursued under the new law.

Meanwhile, Idaho’s GOP-controlled House approved similar legislation earlier this year, but the proposal eventually stalled in the similarly Republican-dominated Senate.

This image provided by Michael Weintrob shows the TN11, a group of citizens brought together by Citizen Solutions to discuss potential gun rights changes, stands outside the state capital in Nashville on Jan. 9, 2024. (Michael Weintrob via AP)

While many supporters of Tennessee’s version have conceded that even though the Volunteer State previously allowed convicted child rapists to face the death penalty, the U.S. Supreme Court ultimately nullified that law with its 2008 decision deeming it unconstitutional to use capital punishment in child sexual battery cases.

However, they hope the conservative-controlled Supreme Court will reverse that ruling — pointing to the decades long effort that it took to overturn Roe v. Wade , the landmark 1973 case that legalized abortion nationwide but was eventually overruled in 2022.

“Maybe the atmosphere is different on the Supreme Court,” said Republican Sen. Janice Bowling last month while debating in favor of the law. “We’re simply challenging a ruling.”

Lee told reporters Tuesday that he didn’t sign the bill hoping it would be “tested” in court. Instead, he said crimes against children are “some of the most heinous that there are.”

Democratic lawmakers and child advocates worry that the law may instill more fear into child rape victims that speaking out could potentially result in an execution, warning that many children are abused by family members and close friends. Others have alleged that predators could be incentivized to kill their victims in order to avoid a harsher punishment.

Execution law in the U.S. dictates that crimes must involve a victim’s death or treason against the government to be eligible for the death penalty. The Supreme Court ruled nearly 40 years ago that execution is too harsh a punishment for sexual assault, and justices made a similar decision in 2008 in a case involving the rape of a child.

Currently, all executions in Tennessee are on hold as state officials review changes to its lethal injection process. Gov. Lee issued the pause after a blistering 2022 report detailed multiple flaws in how Tennessee inmates were put to death.

No timeline has been provided on when those changes will be completed.

Associated Press writer Jonathan Mattise contributed to this report.

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