save: murderers and innocent
victims in the future
lose: convicted murderer
save: nothing affected
lose: convicted murderer
save: convicted murderer
lose: innocent victims in the
future
save: convicted murderer
lose: nothing affected
Following this table, Conway assumes (after Van den Haag’s suggestion that the life of a convicted murderer is not valued more highly than that of the unknown victims) numerical values about each case (each numerical number stands for not a number of people but a hypothetical value for a person to be saved or killed) :
a murderer saved +5
a murderer executed -5
an innocent saved +10
an innocent murdered -10
Moreover, he assumes that for each execution, only two innocent lives are spared (i.e. he assumes the deterrent effect to be almost the minimum). Then, consequently, executing convicted murderers turns out to be a good bet (Conway 1995, pp. 265-266; Pojman 1998, pp. 40-41).
9. Negative causation and where to give priority
Van den Haag’s ‘Best Bet Argument’ sounds quite interesting. However, Conway has already proposed a fundamental challenge to this argument: it mistakenly regards the actual death of convicted murderers as being on a par with the possible death of innocent victims in the future (Conway 1995, pp. 269-270). This is confusing or possibly a rhetorical sleight of hand. I think that Conway’s reaction to Van den Haag’s argument is a reasonable one.
As I approach my conclusion, I will propose two problems with Van den Haag’s argument. First, I want to acknowledge that any arguments, including Van den Haag’s, supporting the death penalty in terms of its deterrent effect seem to presuppose a causal relationship between the existence of the death penalty and people not killing others. For example, Pojman writes, ‘the repeated announcement and regular exercise of capital punishment may have deep causal influence’ (1998, p. 48). However, epistemologically speaking, that presupposition is extremely hard to confirm, because the effect of this causal relationship is not a positive, but rather a negative event, which is the event of not killing others. This has something to do with the philosophical problem of how to understand negative properties. By negative properties we mean that, for example, my room is not full of seawater; my room does not consist of paper; my room is not melting us, etc. Such descriptions by negative properties can be made almost endlessly. In other words, one identical event described by a positive property (e.g., this room is well lit) can be re-described in infinite ways in terms of negative properties. Take the example that I am now at my computer in Tokyo, writing a paper. This event can also be described as ‘I am not eating’, ‘I am not sleeping’, ‘I am not killing others’ (!), etc. The positive event, ‘I am writing a paper now’, can be understood through a causal relationship. The event was most likely caused by my intention to do so, which was caused by my sense of duty as a professor, etc. How, then, could we understand the negative description of my action, ‘I am not killing others’? Was this caused by the existence of the death penalty in Japan?
Perhaps I was completely unaware of the existence of the death penalty in Japan when I wrote a paper without killing others. Could the death penalty be its cause? Could the negative event ‘I am not killing others’ be an effect of the death penalty? It is hard to say so.
This problem is the same as the problem of ‘causation by absence’ or ‘omission-involving causation’. Generally, causation by absence is usually examined in the form of answering a question about whether nothingness can cause something. For example, David Lewis discusses a question about how a void (understood as being entirely empty or nothing at all, differing from a vacuum) is regarded as a cause of something (Lewis 2004). He says, ‘If you were cast into a void, it would cause you to die in just a few minutes. It would suck the air from your lungs. It would boil your blood. It would drain the warmth from your body. And it would inflate enclosures in your body until they burst’ (ibid., p.277). However, the problem is that the void is nothing. ‘When the void sucks away the air, it does not exert an attractive force on the air’ (ibid.). Furthermore, another, perhaps harder problem would arise. We can say, ‘If I defended you from being cast into a void, you would not die’. Namely, my omission to defend you would cause you to die. However, should only my omission matter? What of your brother’s omission to defend you? Or the Prime Minister of the UK’s omission to defend you? Are not all of those qualified to be the cause of your death, as least as long as we adopt a common-sense counterfactual analysis of causation? As this argument suggests, in the context of the current debate on this problem, the most troublesome phase is that ‘too many’ absences can be supposed to cause a particular effect. I quote Menzies, who says (2004, p.145):
I am writing this essay at my computer. If, however, there were nerve gas in the air, or I were attacked with flamethrowers, or struck by a meteor shower, I would not be writing the essay. But it is counterintuitive to say that the absence of nerve gas, flamethrower attack, and meteor strike are causes of my writing the essay.
This example takes the issue of absence as a cause, but simultaneously his example refers to the case of effect as absence (not writing the essay). As this shows, the current debate on the problem of causation by absence could extend to the case of effect as absence. In any case, what matters is a possibility that ‘too many’ absences can cause something, and something can cause ‘too many’ absences (Menzies calls this problem ‘the problem of profligate causation’ (ibid., pp.142-145). Then the deterrent effect of the death penalty is definitely classified as a case of absence as effect rather than cause. In other words, the absence of homicide (as effect) matters, whereas in this case execution (as cause) is presupposed to exist. It seems that the current debate on causation by absence is highly likely to contribute to discussing the problem of the deterrent effect.
Of course, someone may counter my argument by saying that what matters in this context is a statistical correlation between the number of executions and the number of homicides, which could be confirmed in an empirical way. I admit that the statistical correlation plays a crucial role here, even though we must simultaneously acknowledge that what is called ‘randomized controlled trial’, the most reliable, statistical methodology to confirm causal relations, is unfeasible due to the nature of the problem. Actually, this kind of correlation is too rough to predict the causal relationship between those, although the causation really matters. Causes of a reduction or increase in the number of homicides can be interpreted or estimated in various ways, considering confounding factors, such as education, economic situation, urban planning, and so on. Therefore, in principle, there always remains the possibility that the apparent correlation between the death penalty and the reduction of homicides is merely accidental. For example, there may be another, common cause, that brings about both people’s tendency to support the death penalty and the reduction of homicides 9 . We should recognise that there is intrinsic uncertainty here. These difficulties concerning causal relations give rise to a fourth problem related to the death penalty debates – the Uncertainty of Causal Consequences.
Incidentally, let me now return to my distinction of the three stages regarding the death penalty. Obviously, the issue of the deterrent effect belongs primarily to the Danger Stage. Yet it is vital to consider the Harm Stage. How can the deterrent effect affect the Harm Stage? I must say that the retentionist’s argument, in terms of the deterrent effect of the death penalty, completely dismisses this essential point. We need only recall the analogy of the 2011 quake in Japan. ‘Retentionism’ based upon the deterrent effect corresponds to aspect (3), where the improvement of the preventive system matters. This is important, of course, but cannot be a priority. Priority lies in the issues of how to deal with the actual harm that the victims have already suffered (specifically referring to the bereaved family or others in the case of homicide and the death penalty). Without consideration of how to cope with the harm, even if the theory seriously considers the innocent victims in the future, the retentionists’ theory can hardly be persuasive.
It is true that the retentionists’ theory based on the deterrent effect appropriately considers the person harmed in the process of punishment. For example, Walker considers such a phase in the process of punishment as one of the possible objections against retentionism based on the deterrent effect by saying: ‘if the benefit excludes the person harmed this too is nowadays regarded by many people as morally unacceptable’ (Walker 1980, p. 65). However, as the context clearly shows, by ‘the person harmed’ he means the person punished. He does not mention the initial harm suffered by victims. This problem is concerned with my previous claim; that is, we have to consider the ‘whom-question’ when we discuss the justification of punishment. Whom are we discussing? Whose benefit do we consider? In the face of victims before our eyes, can we emphasise only the improvement of preventive systems for the future? Evidently, actual victims are the first to be helped, although obviously it is not at all bad to simultaneously consider the preventive system in the future. It is necessary for us to respect basic human rights and the human dignity of perpetrators and innocent people in the future; however, that respect must be in conjunction with our first taking care of actual victims. We ought not to get our priorities wrong.
10. Prospects
I have indicated that the debates on the death penalty are inevitably surrounded by four problems over specific kinds of uncertainties: uncertainty concerning the victim of homicide, uncertainty in justifying the death penalty from the feeling of being victimised, uncertainty in justifying the death penalty on the basis of human rights, and uncertainty over negative causation. In the course of examining these problems, I have proposed the option of developing an ‘impossibilist’ position about the death penalty, which I am convinced, deserves further investigation. However, being surrounded by theoretical problems and uncertainties might be more or less true of any social institution. My aim is only to suggest how the death penalty should be understood as involving uncertainties from a philosophical perspective. Most likely, if there is something practical that I can suggest based on my argument, then what we might call a ‘Harm-Centred System’ may be introduced as a relatively promising option instead of, or in tandem with, the death penalty. What I mean by this is a system in which we establish as a priority redressing actual harm with regard to legal justice, where ‘actual harm’ only implies what the bereaved family suffer from, as the direct victims have already disappeared in the case of homicide. In other words, I think that something akin to the maximalist approach to restorative justice 10 or some hybrid of the traditional justice system and the restorative justice system should be seriously considered, although we cannot expect perfect solutions exempt from all of the above four problems. It is certainly worth considering whether some element of restorative justice can play a significant role in the best theory of punishment.
In any case, my argument is at most a philosophical attempt to address problems. How to apply it to the practice of the legal system is a question to be tackled in a future project.
Bazemore, G. and Walgrave, L. 1999 (1). ‘Introduction: Restorative Justice and the International Juvenile Justice Crisis’. In Restorative Juvenile Justice: Repairing the Harm of Youth Crime , eds. G. Bazemore and L. Walgrave, Criminal Justice Press, 1-13.
———. 1999 (2). ‘Restorative Juvenile Justice: In Search of Fundamentals and an Outline for System Reform’. In Restorative Juvenile Justice: Repairing the Harm of Youth Crime , eds. G. Bazemore and L. Walgrave, Criminal Justice Press, 45-74.
Beyleveld, D. 1979. ‘Identifying, Explaining and Predicting Deterrence’. British Journal of Criminology 19:3, 205–224.
Calvert, B. 1993. ‘Locke on Punishment and the Death Penalty’. Philosophy 68:264,, 211–229.
Collins, J., N. Hall, and L. A. Paul. 2004. Causation and Counterfactuals. MIT Press.
Conway, D. A. 1995 (originally 1974). ‘Capital Punishment and Deterrence: Some Considerations in Dialogue Form’. In Punishment: A Philosophy and Public Affairs Reader , eds. J. Simmons, M. Cohen, J. Cohen, and C. R. Beitz. Princeton University Press, 261–273.
Diogenes Laertius. 1925. Lives of Eminent Philosophers. Vol. 2. Trans. R. D. Hicks. Loeb Classical Library. William Heinemann Ltd.
Ehrlich, I. 1975. ‘The Deterrent Effect of Capital Punishment: A Question of Life and Death’. American Economic Review 65:3, 397–417.
Fagan, A. 2016. ‘Human Rights’. In Chase B. Wrenn, The Internet Encyclopedia of Philosophy, ISSN 2161-0002. Available from http://www.iep.utm.edu/hum-rts/#H2 [Accessed 12 June 2017]
Fischer, J. M., ed. 1993. The Metaphysics of Death . Stanford University Press.
Goldman, A. H. 1995 (originally 1979). ‘The Paradox of Punishment’. In Punishment: A Philosophy and Public Affairs Reader , eds. J. Simmons, M. Cohen, J. Cohen, and C. R. Beitz. Princeton University Press, 30–46.
Hart, H. L. A. 1982. Essays on Bentham: Jurisprudence and Political Theory . Oxford University Press.
Ichinose, M. 2013. ‘Hybrid Nature of Causation’. In T. Uehiro, Ethics for the Future of Life: Proceedings of the 2012 Uehiro-Carnegie-Oxford Ethics Conference , the Oxford Uehiro Center for Practical Ethics, University of Oxford, 60-80.
———. 2016. ‘A Philosophical Inquiry into the Confusion over the Radiation Exposure Problem’. Journal of Disaster Research 11: No.sp, 770-779.
Lewis, D. 2004. ‘Void and Object’. In J. Collins, N. Hall, and L. A. Paul, Causation and Counterfactuals . MIT Press, 277–290.
Locke, J. 1960. Two Treatises of Government , ed. P. Laslett, Cambridge University Press.
———. 1975. An Essay concerning Human Understanding , ed. P. H. Nidditch. Oxford University Press.
Menzies, P. 2004. ‘Difference-Making in Context’. In J. Collins, N. Hall, and L. A. Paul, Causation and Counterfactuals . MIT Press, 139–180.
Pojman, L. P., and J. Reiman. 1998. The Death Penalty: For and Against. Rowman &Littlefield Publishers, Inc.
Scanlon, T. M. 1982. ‘Contractualism and utilitarianism’. In A. Sen and B. Williams, Utilitarianism and Beyond . Cambridge University Press, 103-128.,
Simmons, A. J. 1994. ‘Locke on the Death Penalty’. Philosophy 69:270, 471–477.
Strawson, G. 2008. ‘The Impossibility of Ultimate Moral Responsibility’. In Real Materialism. Oxford University Press, 319–331.
Tonry, M. 1994. ‘Proportionality, Parsimony, and Interchangeability of Punishments’. In A Reader on Punishment , eds. A. Duff and D. Garland. Oxford University Press, 133–160.
Van den Faag, E. 1995 (originally 1969). ‘On Deterrence and the Death Penalty’. In Punishment and the Death Penalty: The Current Debate , eds. R. M. Baird and S. E. Rosenbaum. Prometheus Books.
Von Hirsch, A. 1993. Censure and Sanctions. Oxford University Press.
Walen, A, 2015. ‘Retributive Justice’. The Stanford Encyclopedia of Philosophy (Summer 2015 Edition), Edward N. Zalta (ed.). Available from http://plato.stanford.edu/archives/sum2015/entries/justice-retributive/ [Accessed 12 June 2017]
Walker, N. 1980. Punishment, Danger and Stigma: The Morality of Criminal Justice . Barnes & Noble Books.
1. Strangely, few Locke scholars have seriously tried to understand the Lockean meaning of punishment, which is developed in his Second Treatise ,(Locke 1960), in the light of his theory of personal identity based upon ‘consciousness’, which is discussed in his Essay Concerning Human Understanding . Taking into account the fact that ‘person’ appears as the key word in both works of Locke, we must bridge the gap between his two works by rethinking the universal significance of ‘person’ in his arguments. There were, however, some controversies concerning how Locke evaluates the death penalty. See Calvert (1993) and Simmons (1994).
2. There is an additional question about whether justification is needed after the execution when the convict is no longer around, in addition to ‘before’ and ‘during’. According to my understanding of justification, the process of justification must begin with making each person concerned understand what there is no reason to reject, but that is just a starting, necessary point. Justification must go beyond the initial phase to acquiring general consent from society. In this sense, justification seems to be needed even ‘after’ the execution. Actually, if there is no need for justification after the execution, that sounds less like punishment based on a system of justice than merely physical disposal.
3. Is it true that the death penalty is the ultimate punishment? Can we not suppose that the death penalty is less harmful than a life sentence or very lengthy incarceration? However, this view regarding the death penalty as less harmful than a lifelong sentence could lead to a paradox. If this order of severity as punishment is valid, it may be possible to reduce the lifelong sentence (due to an amnesty, some consideration on the prisoner’s rehabilitation, or something like that) to the death penalty. If this is the case, prisoners given the lifelong sentence will not make an effort at all to rehabilitate themselves, due to fear of the sentence being reduced to the death penalty. In addition, if a person is likely to be sentenced to death, the person might try to commit a more heinous crime, perhaps even in the court in order to be given a more severe sentence, i.e. a life sentence in prison. That is a paradox drawn from human nature.
4. On the current debates on ‘HTD’ of Epicurus, see Fischer (1993). Of course, there are lots of objections against the Epicurean view. The most typical objection is that death deprives people of their chance to enjoy life, and therefore death is harmful. However, it seems to me that “whom-question” must be raised again here. To whom is the deprivation of this chance harmful? In any case, the metaphysics of death is a popular topic in contemporary philosophy, which should involve not only metaphysical issues but also ethical and epistemological problems.
5. In fact, the hardships suffered by those forced to flee to shelters constituted the main problem resulting from the nuclear power plants accident. In general, radiation exposure is the most well-known problemarising from nuclear power plant accidents, but it is not always the case. In particular in the case of the Fukushima nuclear power plant accident in Japan, the overestimation of the danger of radiation exposure, and evacuation activities resulting from that overestimation, caused the biggest and the most serious problems including many of the deaths. We always have to take the risk-tradeoff into account. Radiation exposure is just one risk, and is not the only risk to be considered. See Ichinose (2016).
6. The notion of parsimony was newly offered to avoid a fundamental drawback of the standard retributive system, whether based on cardinal or ordinal proportionality: the standard system tends to inflict excessive, cruel punishment, as its criterion of measuring wrongness is not exempt from being arbitrary. In contrast, the newly offered system could hold inflicted punishment ‘as minimally as possible, consistent with the vague limits of cardinal desert’ (Walen 2015) in terms of introducing an idea of parsimony. The notion of parsimony could make the retributive system of punishment more reasonable and humane while retaining the idea of retribution.
7. Roger Crisp kindly pointed out that it is worth considering an institutional justification according to which punishment wouldn’t have to be tailored to a particular case. In this view, it is sufficient that death is generally bad for both victims and perpetrators. I do not deny the practical persuasiveness of this view. However, from a more philosophical point of view, we should propose a question ‘how can we know that death is generally bad for victims of homicide?’ Following HTD, which is certainly one possible philosophical view, death is not bad at all, regardless of whether we talk about general issues or particular cases, as an agent to whom something is bad or not disappears by dying by definition. Of course, as long as we exclusively focus upon harm which the bereaved family or the society in general suffer, the institutional justification could make good sense, although in that case the issue of direct victims killed would remain untouched.
8. Additionally, my analogy with natural disasters, particularly the case of the 2011 quake, could be re-confirmed to be appropriate in the sense of presenting a similar kind of uncertainty to the case of the death penalty. The danger of constant exposure to low doses of radiation for long periods involves some uncertainty, as far as we now know. Fortunately, however, the dose of radiation to which the people of Fukushima were exposed as a result of the 2011 quake, internally and externally, was low enough for us to be certain, based upon past epidemiological research, that no health problems will arise in the future. Regarding radiation exposure, everything depends upon the level of dose. The smaller the dose, the less dangerous it is.
9. On negative causation and the possibility of common cause, see Ichinose (2013). In particular, my argument on negative causation concerning the death penalty rests on my argument of Ichinose (2013).
10. According to Bazemore and Walgrave, ‘restorative justice is every action that is primarily oriented towards doing justice by repairing the harm that has been caused by a crime (Bazemore and Walgrave 1999 (2), p.48). Restorative justice, that is to say, is a justice system that mainly aims at restoring or repairing the harm of offences rather than punishing offenders as the retributive justice system does. Initially, restorative justice has been carried out by holding ‘a face-to-face meeting between the parties with a stake in the particular offense’ (ibid.) like victim, offenders, or victimised communities. However, this type of justice system works only in a complementary way to the traditional system of retributive justice. Then, the maximalist approach to restorative justice was proposed, which seeks to develop ‘restorative justice as a fully-fledged alternative’(Bazemore and Walgrave 1999 (1). Introduction. P.8) to retributive justice. This approach ‘will need to include the use of coercion and a formalization of both procedures and the relationship between communities and society’ (ibid., p.9.)
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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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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:
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.
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.
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.
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.
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.
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.
Live Updates: Larry Roberts Becomes the 200th Person Exonerated from Death Row
Updated Jul 02, 2024 4:45 pm
Click the buttons below to view arguments and testimony on each topic.
The death penalty deters future murders.
A just society requires the taking of a life for a life.
The risk of executing the innocent precludes the use of the death penalty.
The death penalty is applied unfairly and should not be used.
In America, the history of the criminal justice system—and of executions—is inseparable from white supremacy.
Fifteen years ago, Clayton Lockett shot Stephanie Neiman twice , then watched as his friends buried her alive. Last week, Lockett was tortured to death by the state of Oklahoma. The torture was not so much the result of intention as neglect. The state knew that its chosen methods—a triple-drug cocktail—could result in a painful death. (An inmate executed earlier this year by the method was heard to say, "I feel my whole body burning.") Oklahoma couldn't care less. It executed Lockett anyway.
Over at Bloomberg View, Ramesh Ponnuru has taken the occasion to pen a column ostensibly arguing against the death penalty. But Ponnuru, evidently embarrassed to find himself in liberal company, spends most of the column dismissing the arguments of soft-headed bedfellows:
On the core issue—yes or no on capital punishment—I'm with the opponents. Better to err on the side of not taking life. The teaching of the Catholic Church, to which I belong, seems right to me: The state has the legitimate authority to execute criminals, but it should refrain if it has other means of protecting people from them. Our government almost always does. Still, when I hear about an especially gruesome crime, like the one the Oklahoma killer committed, I can't help rooting for the death penalty. And a lot of the arguments its opponents make are unconvincing. Take the claims of racial bias—that we execute black killers, or the killers of white victims, at disproportionate rates. Even if those disputed claims are true, they don't point toward abolition of the death penalty. Executing more white killers, or killers of black victims, would reduce any disparity just as well.
Those of us who cite the disproportionate application of the death penalty as a reason for outlawing it do so because we believe that a criminal-justice system is not an abstraction but a real thing, existing in a real context, with a real history. In America, the history of the criminal justice—and the death penalty—is utterly inseparable from white supremacy. During the Civil War, black soldiers were significantly more likely to be court-martialed and executed than their white counterparts. This practice continued into World War II. "African-Americans comprised 10 percent of the armed forces but accounted for almost 80 percent of the soldiers executed during the war," writes law professor Elizabeth Lutes Hillman.
In American imagination, the lynching era is generally seen as separate from capital punishment. But virtually no one was ever charged for lynching. The country refused to outlaw it. And sitting U.S. senators such as Ben Tillman and Theodore Bilbo openly called for lynching for crimes as grave as rape and as dubious as voting. Well into the 20th century, capital punishment was, as John Locke would say, lynching "coloured with the name, pretences, or forms of law."
The youngest American ever subjected to the death penalty was George Junius Stinney . It is very hard to distinguish his case from an actual lynching. At age 14, Stinney, a black boy, walked to the execution chamber
with a Bible under his arm, which he later used as a booster seat in the electric chair. Standing 5 foot 2 inches (157 cm) tall and weighing just over 90 pounds (40 kg), his size (relative to the fully grown prisoners) presented difficulties in securing him to the frame holding the electrodes. Nor did the state's adult-sized face-mask fit him; as he was hit with the first 2,400 V surge of electricity, the mask covering his face slipped off, “revealing his wide-open, tearful eyes and saliva coming from his mouth ... After two more jolts of electricity, the boy was dead."
Living with racism in America means tolerating a level of violence inflicted on the black body that we would not upon the white body. This deviation is not a random fact, but the price of living in a society with a lengthy history of considering black people as a lesser strain of humanity. When you live in such a society, the prospect of incarcerating, disenfranchising, and ultimately executing white humans at the same rate as black humans makes makes very little sense. Disproportion is the point.
The "Hey Guys, Let's Not Be Racist" switch is really "Hey Guys, Let's Pretend We Aren't American" switch or a "Hey Guys, Let's Pretend We Aren't Human Beings" switch. The death penalty—like all state actions—exists within a context constructed by humans, not gods. Humans tend to have biases, and the systems we construct often reflect those biases. Understanding this, it is worth asking whether our legal system should be in the business of doling out an ultimate punishment, one for which there can never be any correction. Citing racism in our justice system isn't mere shaming, it's a call for a humility and self-awareness, which presently evades us.
I was sad to see Ponnuru's formulation, because it so echoed the unfortunate thoughts of William F. Buckley. In 1965, Buckley debated James Baldwin at the Cambridge Union Society. That was the year John Lewis was beaten at the Edmund Pettus Bridge, and Viola Liuzzo was shot down just outside of Selma, Alabama. In that same campaign, Martin Luther King gave, arguably, his greatest speech. (" How Long? Not long. Truth forever on the scaffold. Wrong forever on the throne. ") In whole swaths of the country, black people lacked the basic rights of citizenship—central among them, the right to vote. Buckley spent much of his time sneering at complaints of American racism. When the issue of the vote was raised Buckley responded by saying that the problem with Mississippi wasn't that "not enough Negroes have the vote but that too many white people are voting."
There's something revealed in the logic—in both Ponnuru and Buckley's case—that we should fix disproportion by making more white people into niggers. It is the same logic of voter-ID laws , which will surely disenfranchise huge swaths of white voters, for the goal of disenfranchising proportionally more black voters. I'm not sure what all that means—it's the shadow of something I haven't worked out.
The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application of the death penalty, the potential for judicial error, and the disparities in its application across different demographic groups. Discussions might also explore the psychological impact on inmates, the families involved, and the society at large. They could also analyze the global trends toward abolition or retention of the death penalty and the factors influencing these trends. A substantial compilation of free essay instances related to Death Penalty you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.
By now, many of us are familiar with the statement, "an eye for an eye," which came from the bible, so it should be followed as holy writ. Then there was Gandhi, who inspired thousands and said, "an eye for an eye will leave us all blind." This begs the question, which option do we pick to be a good moral agent, in the terms of justice that is. Some states in America practice the death penalty, where some states […]
The death penalty is a very controversial topic in many states. Although the idea of the death penalty does sound terrifying, would you really want a murderer to be given food and shelter for free? Would you want a murderer to get out of jail and still end up killing another innocent person? Imagine if that murder gets out of jail and kills someone in your family; Wouldn’t you want that murderer to be killed as well? Murderers can kill […]
According to Stephen Nathanson's "An Eye for an Eye?", he believes that capital punishment should be immediately abolished and that the principle of punishment, "lex talionis" which correlates to the classic saying "an eye for an eye" is not a valid reason for issuing the death penalty in any country, thus, abolishment of Capital Punishment should follow. Throughout the excerpt from his book, Nathanson argues against this principle believing that one, it forces us to "commit highly immoral actions”raping a […]
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The death penalty in America has been effective since 1608. Throughout the years following the first execution, criminal behaviors have begun to deteriorate. Capital punishment was first formed to deter crime and treason. As a result, it increased the rate of crime, according to researchers. Punishing criminals by death does not effectively deter crime because criminals are not concerned with consequences, apprehension, and judges are not willing to pay the expenses. During the stage of mens rea, thoughts of committing […]
The death penalty has been a controversial topic throughout the years and now more than ever, as we argue; Right or Wrong? Moral or Immoral? Constitutional or Unconstitutional? The death penalty also known as capital punishment is a legal process where the state justice sentences an individual to be executed as punishment for a crime committed. The death penalty sentence strongly depends on the severity of the crime, in the US there are 41 crimes that can lead to being […]
In most other situations, the long-unsolved Westfield Murder would have been a death penalty case. A 57-year-old legal secretary, Lena Triano, was found tied up, raped, beaten, and stabbed in her New Jersey home. A DNA sample from her undergarments connected Carlton Franklin to the scene of the crime. However, fortunately enough for Franklin, he was not convicted until almost four decades after the murder and, in an unusual turn of events, was tried in juvenile court. Franklin was fifteen […]
The death penalty has been a method used as far back as the Eighteenth century B.C. The use of the death penalty was for punishing people for committing relentless crimes. The severity of the punishment were much more inferior in comparison to modern day. These inferior punishments included boiling live bodies, burning at the stake, hanging, and extensive use of the guillotine to decapitate criminals. In the ancient days no laws were established to dictate and regulate the type of […]
Imagine you hit your sibling and your mom hits you back to teach that you shouldn't be hitting anyone. Do you really learn not to be violent from that or instead do you learn how it is okay for moms or dads to hit their children in order to teach them something? This is exactly how the death penalty works. The death penalty has been a form of punishment for decades. There are several methods of execution and those are […]
Has one ever wondered if the person standing or sitting next to them has the potential to be a murderer or a rapist? What do those who are victimized personally or have suffered from a tragic event involving a loved-one or someone near and dear to their heart, expect from the government? Convicted felons of this nature and degree of unlawfulness should be sentenced to death. Psychotic killers and rapists need the ultimate consequences such as the death penalty for […]
Religious and moral values tell us that killing is wrong. Thou shall not kill. To me, the death penalty is inhumane. Killing people makes us like the murderers that most of us despise. No imperfect system should have the right to decide who lives and who dies. The government is made up of imperfect humans, who make mistakes. The only person that should be able to take life, is god. "An eye for an eye leaves the whole world blind". […]
Abstract: The purpose of this paper is to relate many different criminological theories in regard to capital punishment. We relate many criminological theories such as; cognitive theory, deviant place theory, latent trait theory, differential association theory, behavioral theory, attachment theory, lifestyle theory, and biosocial theory. This paper empirically analyzes the idea that capital punishment is inhumane and should be abolished. We analyze this by taking into consideration false convictions, deterrence of crime, attitudes towards capital punishment, mental illness and juvenile […]
When an individual commits a crime then he/she is given punishment depending on the nature of the crime committed. The US's way of giving punishment to an offender has been criticized for many years. There are 2 types of cases; civil and criminal cases. In civil cases, most of the verdict comprises of jail time or fine amount to be paid. These are not as severe except the one related to money laundering and forgery. On the other hand, criminal […]
Introduction: In today's society, many juveniles are being sent to trial without having the chance of getting a fair trial as anyone else would. Many citizens would see juveniles as dangerous individuals, but in my opinion how a teenager acts at home starts at home. Punishing a child for something that could have been solved at home is something that should not have to get worse by giving them the death penalty. The death penalty should not be imposed on […]
What’s the first thing that pops up in your mind when you hear the words Capital Punishment? I’m assuming for most people the first thing that pops up is a criminal sitting on a chair, with all limbs tied down, and some type of mechanism connected to their head. Even though this really isn't the way that it is done, I do not blame people for imagining that type of image because that is how movies usually portray capital punishment. […]
Euthanasia and death penalty are two controversy topics, that get a lot of attention in today's life. The subject itself has the roots deep in the beginning of the humankind. It is interesting and maybe useful to learn the answer and if there is right or wrong in those actions. The decision if a person should live or die depends on the state laws. There are both opponents and supporters of the subject. However different the opinions are, the state […]
The death penalty is a government practice, used as a punishment for capital crimes such as treason, murder, and genocide to name a few. It has been a controversial topic for many years some countries still use it while others don't. In the United States, each state gets to choose whether they consider it to be legal or not. Which is why in this country 30 states allow it while 20 states have gotten rid of it. It is controversial […]
Death penalty as a means of punishing crime and discouraging wrong behaviour has suffered opposition from various fronts. Religious leaders argue that it is morally wrong to take someone's life while liberal thinkers claim that there are better ways to punish wrong behaviour other than the death penalty. This debate rages on while statistically, Texas executes more individuals than any other state in the United States of America. America itself also has the highest number of death penalty related deaths […]
There have been several disputes on whether the death penalty is morally right. Considering the ethical issues with this punishment can help distinguish if it should be denied or accepted. For example, it can be argued that a criminal of extreme offenses should be granted the same level of penance as their crime. During the duration of their sentencing they could repent on their actions and desire another opportunity of freedom. The death penalty should be outlawed because of too […]
Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man (or woman) should shed the blood of another man (or woman). Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Social justice […]
The death penalty is a highly debated topic that often divided opinion amongst people all around the world. Firstly, let's take a look at our capital punishments, with certain crimes, come different serving times. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. When it comes to the death penalty, there are certain […]
Capital punishment is a moral issue that is often scrutinized due to the taking of someone’s life. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […]
The History of the death penalty goes as far back as ancient China and Babylon. However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. For instance, in the 5th Century BC, the Roman Law of the Twelve Tablets […]
Let's say your child grabs a plate purposely. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. A three year old typically doesn't know they have done something wrong. But since your child broke that one plate, your kid is being put on death row. You may be thinking, that is too harsh of […]
The United States is the "land of the free, home of the brave" and the death penalty (American National Anthem). Globally, America stands number five in carrying executions (Lockie). Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection (The Guardian). Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […]
The death penalty costs more than life in prison. According to Fox News correspondent Dan Springer, the State of California spent 4 billion dollars to execute 13 individuals, in addition to the net spend of an estimated $64,000 per prisoner every year. Springer (2011) documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. […]
There has never been a time when the United States of America was free from criminals indulging in killing, stealing, exploiting people, and even selling illegal items. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […]
The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives. According to […]
The death penalty has been a source of almost constant controversy for hundreds of years, splitting the population down the middle with people supporting the death penalty and people that think it is unnecessary. The amount of people that are been against the death penalty has grown in recent years, causing the amount of executions to dwindle down to where there is less than one hundred every year. This number will continue to lessen as more and more people decide […]
Being wrongfully accused is unimaginable, but think if you were wrongfully accused and the ultimate punishment was death. Death penalty is one of the most controversial issues in today's society, but what is politically just? When a crime is committed most assume that the only acceptable consequence is to be put to death rather than thinking of another form of punishment. Religiously the death penalty is unfair because the, "USCCB concludes prisoners can change and find redemption through ministry outreach, […]
George Walker Bush, a former U.S. president, and governor of Texas, once spoke, "I don't think you should support the death penalty to seek revenge. I don't think that's right. I think the reason to support the death penalty is because it saves other people's lives." The death penalty, or capital punishment, refers to the execution of a criminal convicted of a capital offense. With many criminals awaiting execution on death row, the death penalty has been a debated topic […]
Understanding the topic.
When writing an essay about the death penalty, the first step is to understand the depth and complexities of the topic. The death penalty, also known as capital punishment, is a legal process where a person is put to death by the state as a punishment for a crime. This topic is highly controversial and evokes strong emotions on both sides of the debate. It's crucial to approach this subject with sensitivity and a balanced perspective, acknowledging the moral, legal, and ethical considerations involved. Research is key in this initial phase, as it's important to gather facts, statistics, and viewpoints from various sources to have a well-rounded understanding of the topic. This foundation will set the tone for your essay, guiding your argument and supporting your thesis.
The next step is structuring your argument. In an essay about the death penalty, it's vital to present a clear thesis statement that outlines your stance on the issue. Are you for or against it? What are the reasons behind your position? The body of your essay should then systematically support your thesis through well-structured arguments. Each paragraph should focus on a specific aspect of the death penalty, such as its ethical implications, its effectiveness as a deterrent to crime, or the risk of wrongful convictions. Ensure that each point is backed up by evidence and examples, and remember to address counterarguments. This not only shows that you have considered multiple viewpoints but also strengthens your position by demonstrating why these opposing arguments may be less valid.
An essential aspect of writing an essay on the death penalty is exploring its ethical and moral dimensions. This involves delving into philosophical debates about the value of human life, justice, and retribution. It's important to discuss the moral justifications that are often used to defend the death penalty, such as the idea of 'an eye for an eye,' and to critically evaluate these arguments. Equally important is exploring the ethical arguments against the death penalty, including the potential for innocent people to be executed and the question of whether the state should have the power to take a life. This section of the essay should challenge readers to think deeply about their values and the principles of a just society.
In conclusion, revisit your thesis and summarize the key points made in your essay. This is your final opportunity to reinforce your argument and leave a lasting impression on your readers. Discuss the broader implications of the death penalty in society and consider potential future developments in this area. You might also want to offer recommendations or pose questions that encourage further reflection on the topic. Remember, a strong conclusion doesn't just restate what has been said; it provides closure and offers new insights, prompting readers to continue thinking about the subject long after they have finished reading your essay.
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Most U.S. adults support the death penalty for people convicted of murder, according to an April 2021 Pew Research Center survey . At the same time, majorities believe the death penalty is not applied in a racially neutral way, does not deter people from committing serious crimes and does not have enough safeguards to prevent an innocent person from being executed.
Use of the death penalty has gradually declined in the United States in recent decades. A growing number of states have abolished it, and death sentences and executions have become less common. But the story is not one of continuous decline across all levels of government. While state-level executions have decreased, the federal government put more prisoners to death under President Donald Trump than at any point since the U.S. Supreme Court reinstated capital punishment in 1976.
As debates over the death penalty continue in the U.S. , here’s a closer look at public opinion on the issue, as well as key facts about the nation’s use of capital punishment.
This Pew Research Center analysis examines public opinion about the death penalty in the United States and explores how the nation has used capital punishment in recent decades.
The public opinion findings cited here are based primarily on a Pew Research Center survey of 5,109 U.S. adults, conducted from April 5 to 11, 2021. Everyone who took part in the survey is a member of the Center’s American Trends Panel (ATP), an online survey panel that is recruited through national, random sampling of residential addresses. This way nearly all U.S. adults have a chance of selection. The survey is weighted to be representative of the U.S. adult population by gender, race, ethnicity, partisan affiliation, education and other categories. Read more about the ATP’s methodology . Here are the questions used from this survey, along with responses, and its methodology .
Findings about the administration of the death penalty – including the number of states with and without capital punishment, the annual number of death sentences and executions, the demographics of those on death row and the average amount of time spent on death row – come from the Death Penalty Information Center and the Bureau of Justice Statistics.
Six-in-ten U.S. adults strongly or somewhat favor the death penalty for convicted murderers, according to the April 2021 survey. A similar share (64%) say the death penalty is morally justified when someone commits a crime like murder.
Support for capital punishment is strongly associated with the view that it is morally justified in certain cases. Nine-in-ten of those who favor the death penalty say it is morally justified when someone commits a crime like murder; only a quarter of those who oppose capital punishment see it as morally justified.
A majority of Americans have concerns about the fairness of the death penalty and whether it serves as a deterrent against serious crime. More than half of U.S. adults (56%) say Black people are more likely than White people to be sentenced to death for committing similar crimes. About six-in-ten (63%) say the death penalty does not deter people from committing serious crimes, and nearly eight-in-ten (78%) say there is some risk that an innocent person will be executed.
Opinions about the death penalty vary by party, education and race and ethnicity. Republicans and Republican-leaning independents are much more likely than Democrats and Democratic leaners to favor the death penalty for convicted murderers (77% vs. 46%). Those with less formal education are also more likely to support it: Around two-thirds of those with a high school diploma or less (68%) favor the death penalty, compared with 63% of those with some college education, 49% of those with a bachelor’s degree and 44% of those with a postgraduate degree. Majorities of White (63%), Asian (63%) and Hispanic adults (56%) support the death penalty, but Black adults are evenly divided, with 49% in favor and 49% opposed.
Views of the death penalty differ by religious affiliation . Around two-thirds of Protestants in the U.S. (66%) favor capital punishment, though support is much higher among White evangelical Protestants (75%) and White non-evangelical Protestants (73%) than it is among Black Protestants (50%). Around six-in-ten Catholics (58%) also support capital punishment, a figure that includes 61% of Hispanic Catholics and 56% of White Catholics.
Opposition to the death penalty also varies among the religiously unaffiliated. Around two-thirds of atheists (65%) oppose it, as do more than half of agnostics (57%). Among those who say their religion is “nothing in particular,” 63% support capital punishment.
Support for the death penalty is consistently higher in online polls than in phone polls. Survey respondents sometimes give different answers depending on how a poll is conducted. In a series of contemporaneous Pew Research Center surveys fielded online and on the phone between September 2019 and August 2020, Americans consistently expressed more support for the death penalty in a self-administered online format than in a survey administered on the phone by a live interviewer. This pattern was more pronounced among Democrats and Democratic-leaning independents than among Republicans and GOP leaners, according to an analysis of the survey results .
Phone polls have shown a long-term decline in public support for the death penalty. In phone surveys conducted by Pew Research Center between 1996 and 2020, the share of U.S. adults who favor the death penalty fell from 78% to 52%, while the share of Americans expressing opposition rose from 18% to 44%. Phone surveys conducted by Gallup found a similar decrease in support for capital punishment during this time span.
A majority of states have the death penalty, but far fewer use it regularly. As of July 2021, the death penalty is authorized by 27 states and the federal government – including the U.S. Department of Justice and the U.S. military – and prohibited in 23 states and the District of Columbia, according to the Death Penalty Information Center . But even in many of the jurisdictions that authorize the death penalty, executions are rare: 13 of these states, along with the U.S. military, haven’t carried out an execution in a decade or more. That includes three states – California , Oregon and Pennsylvania – where governors have imposed formal moratoriums on executions.
A growing number of states have done away with the death penalty in recent years, either through legislation or a court ruling. Virginia, which has carried out more executions than any state except Texas since 1976, abolished capital punishment in 2021. It followed Colorado (2020), New Hampshire (2019), Washington (2018), Delaware (2016), Maryland (2013), Connecticut (2012), Illinois (2011), New Mexico (2009), New Jersey (2007) and New York (2004).
Death sentences have steadily decreased in recent decades. There were 2,570 people on death row in the U.S. at the end of 2019, down 29% from a peak of 3,601 at the end of 2000, according to the Bureau of Justice Statistics (BJS). New death sentences have also declined sharply: 31 people were sentenced to death in 2019, far below the more than 320 who received death sentences each year between 1994 and 1996. In recent years, prosecutors in some U.S. cities – including Orlando and Philadelphia – have vowed not to seek the death penalty, citing concerns over its application.
Nearly all (98%) of the people who were on death row at the end of 2019 were men. Both the mean and median age of the nation’s death row population was 51. Black prisoners accounted for 41% of death row inmates, far higher than their 13% share of the nation’s adult population that year. White prisoners accounted for 56%, compared with their 77% share of the adult population. (For both Black and White Americans, these figures include those who identify as Hispanic. Overall, about 15% of death row prisoners in 2019 identified as Hispanic, according to BJS.)
Annual executions are far below their peak level. Nationally, 17 people were put to death in 2020, the fewest since 1991 and far below the modern peak of 98 in 1999, according to BJS and the Death Penalty Information Center. The COVID-19 outbreak disrupted legal proceedings in much of the country in 2020, causing some executions to be postponed .
Even as the overall number of executions in the U.S. fell to a 29-year low in 2020, the federal government ramped up its use of the death penalty. The Trump administration executed 10 prisoners in 2020 and another three in January 2021; prior to 2020, the federal government had carried out a total of three executions since 1976.
The Biden administration has taken a different approach from its predecessor. In July 2021, Attorney General Merrick Garland ordered a halt in federal executions while the Justice Department reviews its policies and procedures.
The average time between sentencing and execution in the U.S. has increased sharply since the 1980s. In 1984, the average time between sentencing and execution was 74 months, or a little over six years, according to BJS . By 2019, that figure had more than tripled to 264 months, or 22 years. The average prisoner awaiting execution at the end of 2019, meanwhile, had spent nearly 19 years on death row.
A variety of factors explain the increase in time spent on death row, including lengthy legal appeals by those sentenced to death and challenges to the way states and the federal government carry out executions, including the drugs used in lethal injections. In California, more death row inmates have died from natural causes or suicide than from executions since 1978, according to the state’s Department of Corrections and Rehabilitation .
Note: This is an update to a post originally published May 28, 2015.
John Gramlich is an associate director at Pew Research Center .
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March 19, 2024
Capital punishment must come to an end. It does not deter crime, is not humane and has no moral or medical basis
By The Editors
A death penalty vigil, held in 2021 outside an Indiana penitentiary.
Bryan Woolston/Reuters/Redux
It is long past time to abolish the death penalty in the U.S.
Capital punishment was halted in the U.S. in 1972 but reinstated in 1976, and since then, nearly 1,600 people have been executed. To whose gain? Study after study shows that the death penalty does not deter crime, puts innocent people to death , is racially biased , and is cruel and inhumane. It is state-sanctioned homicide, wholly ineffective, often botched, and a much more expensive punishment than life imprisonment. There is no ethical, scientifically supported, medically acceptable or morally justifiable way to carry it out.
The recent execution of Kenneth Eugene Smith demonstrates this barbarity. After a failed attempt at lethal injection by prison officials seemingly inexperienced in the placement of an IV, the state of Alabama killed Smith in January using nitrogen gas . The Alabama attorney general claimed that this method of execution was fast and humane , despite no supporting evidence. Eyewitnesses recounted that Smith thrashed during the nitrogen administration and took more than 20 minutes to die.
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Opposition to the death penalty is growing among the American public , and the Biden administration must follow through on its promise to end this horror. The Department of Justice must heed its own admission that the death penalty doesn’t stop crime, and our legislators must continue to take up the issue on the congressional floor. The few states that still condemn people to death must follow the lead of states that have considered the evidence and rejected capital punishment.
Programs such as the Innocence Project have shown, over and over, that innocent people have been sentenced to death. Since 1973 nearly 200 people on death row have been exonerated, based on appeals, the reopening of cases, and the entrance of new and sometimes previously suppressed evidence. People have recanted testimony, and supposedly airtight cases have been poked full of evidentiary holes.
Through the death penalty, the criminal justice system has killed at least 20 people now believed to have been innocent and uncounted others whose cases have not been reexamined . Too many of these victims have been Black or Hispanic. This is not justice. These are state-sanctioned hate crimes.
Using rigorous statistical and experimental control methods, both economics and criminal justice studies have consistently found that there is no evidence for deterrence of violent crimes in states that allow capital punishment. One such study, a 2009 paper by criminology researchers at the University of Dallas, outlines experimental and statistical flaws in econometrics-based death penalty studies that claim to find a correlated reduction in violent crime. The death penalty does not stop people from killing. Executions don’t make us safer.
The methods used to kill prisoners are inhumane. Electrocution fails , causing significant pain and suffering. Joel Zivot, an anesthesiologist who criticizes the use of medicines in carrying out the death penalty, has found (at the request of lawyers of death row inmates) that the lungs of prisoners who were killed by lethal injection were often heavy with fluid and froth that suggested they were struggling to breathe and felt like they were drowning. Nitrogen gas is used in some veterinary euthanasia, but based in part on the behavior of rats in its presence, it is “unacceptable” for mammals , according to the American Veterinary Medical Association. This means that Smith, as his lawyers claimed in efforts to stop his execution, became a human subject in an immoral experiment.
Courts have often decided, against the abundant evidence, that these killings are constitutional and do not fall under the “cruel and unusual punishment” clause of the 8th Amendment or, in Smith’s appeal , both the 8th Amendment and the due process protection clause of the 14th amendment.
A small number of prosecutors and judges in a few states, mostly in the South, are responsible for most of the death sentences being handed down in the U.S. today. It’s a power they should not be able to wield. Smith was sentenced to life in prison by a jury before the judge in his case overruled the jury and gave him the death sentence.
A furious urge for vengeance against those who have done wrong—or those we think have done wrong—is the biggest motivation for the death penalty. But this desire for violent retribution is the very impulse that our criminal justice system is made to check, not abet. Elected officials need to reform this aspect of our justice system at both the state and federal levels. Capital punishment does not stop crime and mocks both justice and humanity. The death penalty in the U.S. must come to an end.
This is an opinion and analysis article, and the views expressed by the author or authors are not necessarily those of Scientific American .
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.
Read More about This Debate:
Should the Death Penalty Be Legal?
ProCon.org, “International Death Penalty Status,” deathpenalty.procon.org, May 19, 2021 ProCon.org, “Should the Death Penalty Be Legal?,” deathpenalty.procon.org, Sep. 20, 2021 ProCon.org, “States with the Death Penalty, Death Penalty Bans, and Death Penalty Moratoriums,” deathpenalty.procon.org, Mar. 24, 2021
2. Life without Parole
Life without Parole (also called LWOP) is suggested by some as an alternative punishment for the death penalty.
Proponents of replacing the death penalty with life without parole argue that imprisoning someone for the duration of their life is more humane than the death penalty, that LWOP is a more fitting penalty that allows the criminal to think about what they’ve done, and that LWOP reduces the chances of executing an innocent person.
Opponents of replacing the death penalty with life without parole argue that LWOP is just an alternate death penalty and parole should always be a consideration even if the prisoner never earns the privilege. While other opponents argue that life without parole is not a harsh enough punishment for murderers and terrorists.
Should Life without Parole Replace the Death Penalty?
ProCon.org, “Should Life without Parole Replace the Death Penalty?,” deathpenalty.procon.org, Sep. 20, 2021
3. Deterrence
One of the main justifications for maintaining a death penalty is that the punishment may prevent people from committing crimes so as to not risk being sentenced to death.
Proponents who argue that the death penalty is a deterrent to capital crimes state that such a harsh penalty is needed to discourage people from murder and terrorism.
Opponents who argue that the death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
Does the Death Penalty Deter Crime?
ProCon.org, “Does the Death Penalty Deter Crime?,” deathpenalty.procon.org, Sep. 20, 2021
4. Retribution
Retribution in this debate is the idea that the death penalty is needed to bring about justice for the victims, the victims’ families, and/or society at large.
Proponents who argue that the death penalty is needed as retribution argue that “an eye for an eye” is appropriate, that the punishment should match the crime, and that the penalty is needed as a moral balance to the wrong done by the criminal.
Opponents who argue that the death penalty is not needed as retribution argue that reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.”
Should the Death Penalty Be Used for Retribution for Victims and/or Society?
ProCon.org, “Should the Death Penalty Be Used for Retribution for Victims and/or Society?,” deathpenalty.procon.org, Sep. 20, 2021
5. Victims’ Families
Whether the death penalty can bring about some sort of closure or solace to the victims’ families after a horrible, life-changing experience has long been debated and used by both proponents and opponents of the death penalty.
Proponents who argue that the death penalty is needed to bring about closure and solace to victims’ families argue that the finality of the death penalty is needed for families to move on and not live in fear of the criminal getting out of prison.
Opponents who argue that the death penalty is needed to bring about closure and solace to victims’ families argue that retributive “justice” does not bring closure for anyone and that the death penalty can take years of media-friendly appeals to enact.
Does the Death Penalty Offer Closure or Solace to Victims’ Families?
ProCon.org, “Does the Death Penalty Offer Closure or Solace to Victims’ Families?,” deathpenalty.procon.org, Sep. 20, 2021
6. Methods of Execution
Because the drugs used for lethal injection have become difficult to obtain, some states are turning to other methods of execution. For example, South Carolina recently enacted legislation to allow for the firing squad and electric chair if lethal injection is not available at the time of the execution.
Proponents of alternate methods of execution argue that the state and federal government have an obligation to carry out the sentence handed down, and that, given the recent botched lethal injection executions, other methods may be more humane.
Opponents of alternate methods of execution argue that we should not be reverting to less humane methods of execution, and that the drug companies’ objection to use of lethal injection drugs should signal a need to abolish the penalty altogether.
Should States Authorize Other Methods of Execution Such as Hanging or the Firing Squad?
ProCon.org, “Should States Authorize Other Methods of Execution Such as Hanging or the Firing Squad?,” deathpenalty.procon.org, Sep. 20, 2021
7. Innocence
Reports indicate over 150 innocent people have been found not-guilty and exonerated since the death penalty was reinstated in 1973.
Proponents of abolishing the death penalty because innocent people may be executed argue that humans are fallible and the justice system is flawed, putting more Black and brown people on death row than are guilty of capital crimes, and that we cannot risk executing one innocent person just to carry about retributive “justice.”
Opponents of abolishing the death penalty because innocent people may be executed argue that the fact that death row inmates have been exonerated proves that the checks and balances to prevent innocent people from being executed are in place and working well, almost eliminating the chance that an innocent person will be executed.
Should the Death Penalty Be Abolished Because Innocent People May Be Executed?
ProCon.org, “Should the Death Penalty Be Abolished Because Innocent People May Be Executed?,” deathpenalty.procon.org, Sep. 20, 2021
8. Morality
Both religious and secular debates have continued about whether it is moral for humans to kill one another, even in the name of justice, and whether executing people makes for a moral and just government.
Proponents who argue that the death penalty is a moral punishment state that “an eye for an eye” is justified to promote a good and just society than shuns evil.
Opponents who argue that the death penalty is an immoral punishment state that humans should not kill other humans, no matter the reasons, because killing is killing.
Is the Death Penalty Immoral?
ProCon.org, “Is the Death Penalty Immoral?,” deathpenalty.procon.org, Sep. 20, 2021
9. Medical Professionals’ Participation
With the introduction of lethal injection as execution method, states began asking that medical professionals participate in executions to ensure the injections were administered properly and to provide medical care if the execution were botched.
Proponents who argue that medical professionals can participate in executions ethically state that doctors and others ensure that the execution is not “cruel or unusual,” and ensure that the person being executed receives medical care during the execution.
Opponents who argue that medical professionals cannot participate in executions ethically state that doctors and others should keep people alive instead of participate in killing, and that the medicalization of execution leads to a false acceptance of the practice.
Is Participation in Executions Ethical for Medical Professionals?
ProCon.org, “Is Participation in Executions Ethical for Medical Professionals?,” deathpenalty.procon.org, Sep. 20, 2021
10. Federal Death Penalty
The federal death penalty has only been carried out 16 times since its reinstatement after Furman v. Georgia in 1988: twice in 2001, once in 2003, ten times in 2020, and three times in 2021. Several moratoriums have been put in place by presidents in the interims. Under President Joe Biden, the US Justice Department has enacted a moratorium on the death penalty, reversing President Donald Trump’s policy of carrying out federal executions.
Proponents of keeping the federal death penalty argue that justice must be carried out to deter crime and offer closure to families, and that the federal government has an obligation to enact the sentences handed down by the courts.
Proponents of banning the federal death penalty argue that the United States federal government should set an example for the states with a ban, and that only a ban will prevent the next president from executing the prisoners on death row.
Should the US President Reinstate the Federal Death Penalty?
ProCon.org, “Most Recent Executions in Each US State,” deathpenalty.procon.org, Aug. 26, 2021 ProCon.org, “Should the US President Reinstate the Federal Death Penalty?,” deathpenalty.procon.org, Sep. 20, 2021
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Marzilli Eric, J. (2019). The death penalty deters crime and saves lives. Boston Herald. Retrieved from
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Since childhood, we start listening to murmurs about an atrocious crime that took place and it’s associated with people questioning themselves how a human being can do such a horrible crime where suddenly, death penalty becomes [...]
The dilemma of whether or not the Death Penalty is ethical is major problem facing society today. The death penalty is given to those who commit crimes deemed by society and government as deserving the infliction of death with [...]
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IMAGES
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COMMENTS
capital punishment, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law.The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution (even when ...
Capital Punishment. Capital punishment, or "the death penalty," is an institutionalized practice designed to result in deliberately executing persons in response to actual or supposed misconduct and following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant execution.
The Death Penalty as an Effective Punishment. 5 pages / 2464 words. The purpose of this essay is to assess the viability of the death penalty as an operative castigation. The death penalty is defined as the legal killing an individual as a sentence.
Capital punishment - Arguments, Pros/Cons: Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral, utilitarian, and practical. Supporters of the death penalty believe that those who commit murder, because they have taken the life ...
1. Strangely, few Locke scholars have seriously tried to understand the Lockean meaning of punishment, which is developed in his Second Treatise,(Locke 1960), in the light of his theory of personal identity based upon 'consciousness', which is discussed in his Essay Concerning Human Understanding.Taking into account the fact that 'person' appears as the key word in both works of Locke ...
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for allegedely committing a crime.In more democratic countries, this follows an authorised, rule-governed process how likely it was that the person is responsible for violating norms that a government, judge and/or jury believes warrant ...
In the July Opinion essay "The Death Penalty Can Ensure 'Justice Is Being Done,'" Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:
The death penalty violates the most fundamental human right - the right to life. It is the ultimate cruel, inhuman and degrading punishment. The death penalty is discriminatory. It is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities.
Introduction to capital punishment. Capital punishment is the practice of executing someone as punishment for a specific crime after a proper legal trial. It can only be used by a state, so when ...
Amnesty International holds that the death penalty breaches human rights, in particular the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment. Both rights are protected under the Universal Declaration of Human Rights, adopted by the UN in 1948. Over time, the international community has ...
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 legality of the death penalty remains one of the most contentious issues in modern society. As a form of capital punishment, it is intended to serve as the ultimate deterrent against heinous crimes such as murder and terrorism. Proponents argue that the death penalty delivers justice, provides closure to victims' families, and deters ...
Arbitrariness & Discrimination. The death penalty is applied unfairly and should not be used. The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information about capital punishment.….
Numerous opinion polls have revealed that a majority of Americans have supported the death penalty for more than 40 years. However, the results from a 2013 Gallup poll revealed the lowest support for the death penalty since 1972 (Jones, 2013).Furthermore, as discussed in the literature review, a body of evidence from research has begun to develop over the past 40 years, which has provided ...
The death penalty—like all state actions—exists within a context constructed by humans, not gods. Humans tend to have biases, and the systems we construct often reflect those biases.
82 essay samples found. The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application ...
Phone polls have shown a long-term decline in public support for the death penalty. In phone surveys conducted by Pew Research Center between 1996 and 2020, the share of U.S. adults who favor the death penalty fell from 78% to 52%, while the share of Americans expressing opposition rose from 18% to 44%. Phone surveys conducted by Gallup found a ...
The death penalty has put so many innocent lives over the past 36 years. Since the reinstatement of the death penalty in the United-States in 1976, 1414 individuals have been put on death row, which 156 have been set free, after being proven non guilty. That is, 1 innocent free released for every 10 executed since the death penalty was reinstated.
But to justify capital punishment, the retribution must be meted out fairly, and that is clearly not the case. In only 1% of murders do prosecutors seek the death penalty. Whether you receive the death penalty depends not on what you have done, but where you committed your crime, what colour your skin is, and how much money you have." Apr. 16 ...
It does not deter crime, is not humane and has no moral or medical basis. A death penalty vigil, held in 2021 outside an Indiana penitentiary. It is long past time to abolish the death penalty in ...
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).
The death penalty has been a topic of debate for decades and is currently implemented across the globe. Supporters of the death penalty believe it acts as a deterrence to heinous crimes, such as murder, while opponents argue that it is morally wrong and ineffective in preventing crime.
I believe the death penalty should be legal throughout the nation. Discussing the death penalty pros and cons, there are many reasons as to why I think the death penalty should be legalized in all states, including deterrence, retribution, and morality; and because opposing arguments do not hold up, I will refute the ideas that the death penalty is unconstitutional, irrevocable mistakes are ...