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Introduction
Historical considerations

Moral arguments

Utilitarian arguments, practical arguments, the abolition movement.

Capital punishment in the early 21st century

Arguments for and against capital punishment

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Internet Encyclopedia of Philosophy - Capital Punishment
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Table Of Contents

Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral , utilitarian, and practical.

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Supporters of the death penalty believe that those who commit murder , because they have taken the life of another, have forfeited their own right to life. Furthermore, they believe, capital punishment is a just form of retribution , expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general. By contrast, opponents of capital punishment, following the writings of Cesare Beccaria (in particular On Crimes and Punishments [1764]), argue that, by legitimizing the very behaviour that the law seeks to repress—killing—capital punishment is counterproductive in the moral message it conveys. Moreover, they urge, when it is used for lesser crimes, capital punishment is immoral because it is wholly disproportionate to the harm done. Abolitionists also claim that capital punishment violates the condemned person’s right to life and is fundamentally inhuman and degrading.

Although death was prescribed for crimes in many sacred religious documents and historically was practiced widely with the support of religious hierarchies , today there is no agreement among religious faiths, or among denominations or sects within them, on the morality of capital punishment. Beginning in the last half of the 20th century, increasing numbers of religious leaders—particularly within Judaism and Roman Catholicism—campaigned against it. Capital punishment was abolished by the state of Israel for all offenses except treason and crimes against humanity, and Pope John Paul II condemned it as “cruel and unnecessary.”

Supporters of capital punishment also claim that it has a uniquely potent deterrent effect on potentially violent offenders for whom the threat of imprisonment is not a sufficient restraint. Opponents, however, point to research that generally has demonstrated that the death penalty is not a more effective deterrent than the alternative sanction of life or long-term imprisonment.

There also are disputes about whether capital punishment can be administered in a manner consistent with justice . Those who support capital punishment believe that it is possible to fashion laws and procedures that ensure that only those who are really deserving of death are executed. By contrast, opponents maintain that the historical application of capital punishment shows that any attempt to single out certain kinds of crime as deserving of death will inevitably be arbitrary and discriminatory. They also point to other factors that they think preclude the possibility that capital punishment can be fairly applied, arguing that the poor and ethnic and religious minorities often do not have access to good legal assistance, that racial prejudice motivates predominantly white juries in capital cases to convict black and other nonwhite defendants in disproportionate numbers, and that, because errors are inevitable even in a well-run criminal justice system, some people will be executed for crimes they did not commit. Finally, they argue that, because the appeals process for death sentences is protracted, those condemned to death are often cruelly forced to endure long periods of uncertainty about their fate.

Under the influence of the European Enlightenment , in the latter part of the 18th century there began a movement to limit the scope of capital punishment. Until that time a very wide range of offenses, including even common theft, were punishable by death—though the punishment was not always enforced , in part because juries tended to acquit defendants against the evidence in minor cases. In 1794 the U.S. state of Pennsylvania became the first jurisdiction to restrict the death penalty to first-degree murder, and in 1846 the state of Michigan abolished capital punishment for all murders and other common crimes. In 1863 Venezuela became the first country to abolish capital punishment for all crimes, including serious offenses against the state (e.g., treason and military offenses in time of war). San Marino was the first European country to abolish the death penalty, doing so in 1865; by the early 20th century several other countries, including the Netherlands, Norway , Sweden , Denmark , and Italy , had followed suit (though it was reintroduced in Italy under the fascist regime of Benito Mussolini ). By the mid-1960s some 25 countries had abolished the death penalty for murder, though only about half of them also had abolished it for offenses against the state or the military code. For example, Britain abolished capital punishment for murder in 1965, but treason, piracy, and military crimes remained capital offenses until 1998.

During the last third of the 20th century, the number of abolitionist countries increased more than threefold. These countries, together with those that are “de facto” abolitionist—i.e., those in which capital punishment is legal but not exercised—now represent more than half the countries of the world. One reason for the significant increase in the number of abolitionist states was that the abolition movement was successful in making capital punishment an international human rights issue, whereas formerly it had been regarded as solely an internal matter for the countries concerned.

In 1971 the United Nations General Assembly passed a resolution that, “in order fully to guarantee the right to life, provided for in…the Universal Declaration of Human Rights,” called for restricting the number of offenses for which the death penalty could be imposed, with a view toward abolishing it altogether. This resolution was reaffirmed by the General Assembly in 1977. Optional protocols to the European Convention on Human Rights (1983) and to the International Covenant on Civil and Political Rights (1989) have been established, under which countries party to the convention and the covenant undertake not to carry out executions. The Council of Europe (1994) and the EU (1998) established as a condition of membership in their organizations the requirement that prospective member countries suspend executions and commit themselves to abolition. This decision had a remarkable impact on the countries of central and eastern Europe , prompting several of them—e.g., the Czech Republic , Hungary , Romania , Slovakia , and Slovenia—to abolish capital punishment.

In the 1990s many African countries—including Angola, Djibouti, Mozambique, and Namibia—abolished capital punishment, though most African countries retained it. In South Africa , which formerly had one of the world’s highest execution rates, capital punishment was outlawed in 1995 by the Constitutional Court, which declared that it was incompatible with the prohibition against cruel, inhuman, or degrading punishment and with “a human rights culture.”

Top 10 Pro & Con Arguments

Life without Parole

Retribution

Victims’ Families

Methods of Execution

Medical Professionals’ Participation

Federal Death Penalty

1. Legality

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

Proponents of the death penalty being legal argue that such a harsh penalty is needed for criminals who have committed the worst crimes, that the punishment deters crime, and that the US Supreme Court has upheld the death penalty as constitutional.

Opponents of the death penalty being legal argue that the punishment is cruel and unusual, and, thus, unconstitutional, that innocent people are put to death for crimes they did not commit, and that the penalty is disproportionately applied to people of color.

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Should the Death Penalty Be Abolished?

In its last six months, the United States government has put 13 prisoners to death. Do you think capital punishment should end?

By Nicole Daniels

Students in U.S. high schools can get free digital access to The New York Times until Sept. 1, 2021.

In July, the United States carried out its first federal execution in 17 years. Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had in the previous six decades.

The death penalty has been abolished in 22 states and 106 countries, yet it is still legal at the federal level in the United States. Does your state or country allow the death penalty?

Do you believe governments should be allowed to execute people who have been convicted of crimes? Is it ever justified, such as for the most heinous crimes? Or are you universally opposed to capital punishment?

In “ ‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny ,” Adam Liptak writes about the recent federal executions:

In 2015, a few months before he died, Justice Antonin Scalia said he w o uld not be surprised if the Supreme Court did away with the death penalty. These days, after President Trump’s appointment of three justices, liberal members of the court have lost all hope of abolishing capital punishment. In the face of an extraordinary run of federal executions over the past six months, they have been left to wonder whether the court is prepared to play any role in capital cases beyond hastening executions. Until July, there had been no federal executions in 17 years . Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had put to death in the previous six decades.

The article goes on to explain that Justice Stephen G. Breyer issued a dissent on Friday as the Supreme Court cleared the way for the last execution of the Trump era, complaining that it had not sufficiently resolved legal questions that inmates had asked. The article continues:

If Justice Breyer sounded rueful, it was because he had just a few years ago held out hope that the court would reconsider the constitutionality of capital punishment. He had set out his arguments in a major dissent in 2015 , one that must have been on Justice Scalia’s mind when he made his comments a few months later. Justice Breyer wrote in that 46-page dissent that he considered it “highly likely that the death penalty violates the Eighth Amendment,” which bars cruel and unusual punishments. He said that death row exonerations were frequent, that death sentences were imposed arbitrarily and that the capital justice system was marred by racial discrimination. Justice Breyer added that there was little reason to think that the death penalty deterred crime and that long delays between sentences and executions might themselves violate the Eighth Amendment. Most of the country did not use the death penalty, he said, and the United States was an international outlier in embracing it. Justice Ginsburg, who died in September, had joined the dissent. The two other liberals — Justices Sotomayor and Elena Kagan — were undoubtedly sympathetic. And Justice Anthony M. Kennedy, who held the decisive vote in many closely divided cases until his retirement in 2018, had written the majority opinions in several 5-to-4 decisions that imposed limits on the death penalty, including ones barring the execution of juvenile offenders and people convicted of crimes other than murder .

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About The Death Penalty

Arguments for and Against the Death Penalty

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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 .

“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.

84 Capital Punishment Essay Topics & Examples

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

📝 Capital Punishment Essay Writing Tips

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

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

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

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

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

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

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

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

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

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Persuasive Essay Writing

Persuasive Essay About Death Penalty

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

Published on: Jan 27, 2023

Last updated on: Jan 29, 2024

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?

Youâre in luck â weâve 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 youâre 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 doesnât have to be overwhelming. With these examples and tips, you can be sure to write an essay that will impress your teacher.

Whether itâs 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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Essay Service Examples Social Issues Death Penalty

Death Penalty Persuasive Essay

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I. Introduction

Main point 1: benefits of the death penalty.

Capital punishment creates an irreversible procedure that leaves zero room for the murderer to take another life.
Paul H. Rubin, Ph.D., Professor of Economics at Emory University, wrote in his Feb. 1, 2006 testimony 'Statistical Evidence on Capital Punishment and the Deterrence of Homicide”. The modern refereed studies have consistently shown that capital punishment has a strong deterrent effect, with each execution deterring between 3 and 18 murders.
A study by Duke University’s Kenneth Land found that there was a decrease of 2.5 homicides for each person executed.
It contributes to the problem of overpopulation in the prison system which creates better management of resources.

Main Point 2: Closure for victims’ families

After a murder, the family unit undergoes permanent changes that are difficult for the members to accept. Knowing that a family’s murderer is still out there and stands a chance of reliving the experience.
Canadian Parents of Murdered Children and Survivors of Homicide Victims said that the stress following a homicide may persist for years and often takes an emotional and physical toll on the survivors resulting in serious illnesses. Many survivors attribute heart disease, cancer, and other acute physical illnesses to the stress of dealing with the murder of a loved one.
Recurrent and intrusive distressing recollections of the event.
Recurrent distressing dreams of the event.
Sudden acting or feeling as if the traumatic event was reoccurring.
However, when the death penalty is the punishment faced for murderers' conduct, then it shields the family of the victim from another form of victimization.
Also, allowing the family peace of mind and maybe even a better environment to mourn their loss.

Main Point 3: Cost of death penalty vs Life in prison

The existence of the death penalty as a possible sentence leads to guilty pleas that save the money spent on trials and limit the opportunity for appeals.
Solomon Moore in the New York Times mentions that a California prison contains over 156,000 people, which is over double the system’s capacity. The main reason for this overcrowding is the criminals who are sentenced to life in prison with no parole.
Would you rather your taxes go towards the daily living of murderers who committed serious crimes and left families in irreversible pain or would you rather rightful retribution be served?

III. Conclusion

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Home — Essay Samples — Social Issues — Death Penalty — The Ethics of Capital Punishment: Death Is not a Right Decision

The Ethics of Capital Punishment: Death is not a Right Decision

Categories: Capital Punishment Death Penalty

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Published: Mar 18, 2021

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Capital Punishment Is Wrong!

Assessment model print, strong persuasive essay.

This middle school persuasive essay argues against capital punishment.

Title: Capital Punishment Is Wrong!

Level: Grade 6, Grade 7, Grade 8

Mode: Persuasive Writing

Form: Persuasive Essay

Completed Rubric: Capital Punishment Is Wrong! Rubric

Blank Rubric: Persuasive (Argument) Rubric

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Student Model

Capital punishment results in death by execution. It is legal in many states as a punishment for serious crimes, but that does not make it right. Capital punishment should be stopped because it is morally wrong, expensive, and such a slow process.

First of all, there is no moral basis for it. When we use the death penalty, we are following the criminals’ example by doing something equally as bad ourselves. We are taking one life for another life. There is also a chance that a mistake will be made, and the wrong person will be put to death. Is this type of revenge worth such a risk?

Another problem with capital punishment is the high cost. For example, the special prison housing is expensive to staff and keep up. States with the death penalty use taxes to pay these expenses. Over the past 13 years, Florida has spent $57 million to carry out 18 executions. If you divide this dollar amount by the number of executions, you come up with a cost of $3.2 million for each execution. That is a great deal of money.

In addition, using the death penalty is a very slow process. At least 97 percent of all death-row prisoners are not executed on time. As a result, the waiting list for executions grows year after year. If the U.S. legal system executed one inmate every day, it would still take 30 years to empty all of the cells on death row. A process this slow does not make sense.

In conclusion, capital punishment should be dropped from our legal system. People should see that it is morally wrong. If not, then common sense should tell them that it doesn’t work well since it is so expensive and such a slow process.

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Capital Punishment Is Dead Wrong

Capital Punishment Is Dead Wrong MAG

Murder is wrong. Since childhood we have been taught this indisputable truth. Ask yourself, then, what is capital punishment? In its simplest form, capital punishment is defined as one person taking the life of another. Coincidentally, that is the definition of murder. There are 36 states with the death penalty, and they must change. These states need to abolish it on the grounds that it carries a dangerous risk of punishing the innocent, is unethical and barbaric, and is an ineffective deterrent of crime versus the alternative of life in prison without parole. Capital punishment is the most irreparable crime governments perpetrate without consequence, and it must be abolished. “We’re only human, we all make mistakes,” is a commonly used phrase, but it is tried and true. Humans, as a species, are famous for their mistakes. However, in the case of the death penalty, error becomes too dangerous a risk. The innocent lives that have been taken with the approval of our own government should be enough to abolish capital punishment. According to Amnesty International, “The death penalty legitimizes an irreversible act of violence by the state and will inevitably claim innocent victims.” If there is any chance that error is possible (which there always is), the drastic measure of capital punishment should not be taken. Also, it is too final, meaning it does not allow opportunity for th accused to be proven innocent, a violation of the Fifth Amendment which guarantees due process of law. District Judge Jed S. Rakoff of the United States Second Circuit Court of Appeals in Manhattan argued against the death penalty: “In brief, the Court found that the best available evidence indicates that, on the one hand, innocent people are sentenced to death with materially greater frequency than was previously supposed and that, on the other hand, convincing proof of their innocence often does not emerge until long after their convictions. It is therefore fully foreseeable that in enforcing the death penalty a meaningful number of innocent people will be executed who otherwise would eventually be able to prove their innocence.” As humans, we are an inevitable force of error. However, when a life is at stake, error is not an option. The death penalty is murder by the government. As a nation, we have prided ourselves in our government, its justice and truth. However, can we continue to call our government fair if we do not hold it to the same rules we do its people? Murder by a citizen will have consequences, yet a government-approved murder is not only acceptable, but enforceable. What message do we send the American people, and other countries, for that matter, if we continue to be a nation that kills its citizens, a nation that enforces the most barbaric form of punishment? The Illinois Coalition to Abolish the Death Penalty states, “We don’t cut off the hands of thieves to protect property; we do not stone adulterers to stop adultery. We consider that barbaric. Yet we continue to take life as a means of protecting life.” No person, government-affiliated or not, has the right to decide if another human is worthy or unworthy of life. Our natural rights as humans, which cannot be taken away by the government, include the right to life. Humans are not cold metal coins that lose value; no act, no matter how heinous, can make a person less of a human being. However, for most it is easy to forget that each of the 1,099 executed since 1977 are fellow humans, not just numbers. According to Amnesty International, “The death penalty violates the right to life.” Capital punishment contradicts our moral beliefs and claims of a fair and just government. The U.S. must join its political allies – including Europe, Scandinavia, Russia, South Africa, and most of Latin America – that have abolished the death penalty. The death penalty is favored by some as an effective deterrent of crime; however, it is proven that states with the death penalty actually have higher murder rates than those without. It is proven that our nation does not need this extreme threat of punishment to prevent crime. In 2006, the FBI Uniform Crime Report revealed that the area of the U.S. that was responsible for the most executions (the South with 80 percent) also had the highest murder rate, whereas the Northern areas that had the fewest executions (less than one percent), had the lowest murder rates. It can be said that the death penalty is the most overlooked form of government hypocrisy; we murder people who murder people to show that murder is wrong. It is this contradiction in policy that confuses criminals and undermines any crime deterrence capital punishment was intended to have. Many people favor the death penalty as reparation for the wrong done to a victim’s family; however, in most cases, closure is not the result. Losing a loved one, no matter how that person is lost, is unbearable, irrevocable, and shattering. Pain like this is shocking and the victim’s family holds onto the hope that the execution of the murderer will bring relief and closure. Nevertheless, when execution day arrives, the pain is not eased. No relief can be gained, for their pain is an unavoidable, natural process of life. Victims’ families have founded such groups as the Murder Victims Families for Reconciliation and The Journey of Hope, which oppose the death penalty. They believe that they are different from those who have taken their loved ones and they demonstrate their difference by refusing to sink to a murderer’s level. Capital punishment is immoral and a violation of natural rights. It is wrong for everyone involved: the prosecuted innocent, criminals, victims’ families, and our nation. We need to replace the death penalty and capital punishment with life without parole, a safer and more inexpensive option. The death penalty does not guarantee safety for innocent victims, it does not follow the goals and promises of our nation, it does not effectively deter crime, and it does not give closure to victims’ families. Nothing good comes of hate, and nothing good can ever come from capital punishment. It cannot continue to be accepted by a nation that claims to have liberty and justice for all. The death penalty is murder on the sly and it’s dead wrong.

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COMMENTS

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Top 10 Pro & Con Arguments. 1. Legality. The United States is one of 55 countries globally with a legal death penalty, according to Amnesty International. As of Mar. 24, 2021, within the US, 27 states had a legal death penalty (though 3 of those states had a moratorium on the punishment's use).
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Capital punishment has been a debatable issue for decades. Some people believe that the death penalty plays a crucial role in the criminal justice system, while others think that this procedure is highly unethical. We will write a custom essay specifically for you by our professional experts. 182 writers online.
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Capital punishment, or commonly known as the death penalty is used in 53 countries, or 27% of countries around the world, to punish someone for committing something strictly prohibited whether it is murder, treason, espionage or genocide. ... In this persuasive essay I will argue that capital punishment should be abolished as it has proven of ...
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Persuasive Essay On Capital Punishment Seventeen, that is how many death row inmates have died in 2017 as of August 25th ("Executions by Year", 2017). Capital punishment has long been a controversial topic that sparks firing debates regarding ethics, morals, and justice with strongly divided opinions.
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Persuasive Essay : Capital Punishment. Capital punishment, which is also known as the death penalty, is the punishment of a crime by execution. This extreme retribution is reserved for those who have committed heinous, or capital crimes against society, therefore considered an ongoing threat. Capital punishment was abolished from the Canadian ...
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Persuasive Essay On Capital Punishment. 1058 Words 5 Pages. Capital Punishment, also known as the death penalty, is the retribution given to criminals that have committed a capital offense. According to "41 Federal Capital Offences," a person commits a capital offense if they "commit murder as well as murder committed during a drug ...
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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 doesnâ t have to be overwhelming. With these examples and tips, you can ...
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Paul H. Rubin, Ph.D., Professor of Economics at Emory University, wrote in his Feb. 1, 2006 testimony 'Statistical Evidence on Capital Punishment and the Deterrence of Homicide". The modern refereed studies have consistently shown that capital punishment has a strong deterrent effect, with each execution deterring between 3 and 18 murders.
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Capital Punishment is "dangerous risk of punishing the innocent, is unethical and barbaric, and is an ineffective deterrent of crime versus the alternative of life in prison without parole ...
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Persuasive Essay On Capital Punishment. 869 Words; 4 Pages; Persuasive Essay On Capital Punishment. The definition of capital punishment is the legal killing to punish someone who has committed a crime. For certain crimes like murder, the death penalty is enforced. The death penalty should never be used because innocent people could be killed.

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Death Penalty Persuasive Essay

General Purpose:

I. Introduction

Main Point 2: Closure for victims’ families

Main Point 3: Cost of death penalty vs Life in prison

III. Conclusion

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