Death Penalty: Practice and Ethics of the Use

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Table of Contents

Abstract
Introduction
History of Capital Punishment
Arguments for the Death Penalty
Arguments Against the Death Penalty
Conclusion
References

Abstract

This paper discusses capital punishment as a legal measure and sentence for people who committed serious crimes. The history of the death penalty, as well as its pros and cons, are studied to determine the appropriateness and relevance of this punishment in the modern world. A short review of history showed that capital punishments were common in ancient and medieval times; however, modern democratic society most often abandons this practice. The most common reasons in favor of death sentences are statements that people deserve punishment equal to their crimes, and this kind of punishment assures that criminals will never commit their horrible deeds again. However, there are more arguments in favor of abandoning capital punishment, such as the value of human life, the possibility of killing innocents, and high expenses for death sentences. Thus, the research demonstrates that the abolition of capital punishment as a legal measure is more acceptable than its support.

Introduction

Capital punishment or the death penalty is still part of the judicial system in many states, although its use has declined significantly in recent decades. At the same time, there are still two opposing points of view about capital punishment among the population, since some people advocate its maintenance, and the second requires its abolition. Consequently, this paper will review the history of capital punishment, as well as the pros and cons of its use to determine the relevance and appropriateness of such a measure of penalty for crimes.

History of Capital Punishment

Capital punishment originates with the creation of the first human societies and states, although in those days, it did not yet have such a name. Scientists and historians note that various archaeological finds demonstrate that such punitive practice was common in Ancient Babylon, Rome, and other civilizations that existed before the current era (Hoag, n.d.). In the Middle Ages and even the New Age, public executions were cruel and served to spread the influence of the church through the punishment of sinners or even as part of entertainment (Hoag, n.d.). However, today most countries have abandoned this practice, setting human life as the highest value.

The United States still has capital punishment as a legal means used by the judiciary. Although death sentences have existed since the colonization of America, the modern history of the use of death penalties began with the Furman v. Georgia case in 1976 (Shatz, 2017). Since 1976, the number of death sentences has increased significantly, and 35 US states have reenacted death penalty status (Shatz, 2017). However, in the 21st century, the popularity of capital punishment declined. Since 2004, nine states have banned the death penalty, and of the 25 states that support it, only 11 have carried out at least one execution in the last three years (Steiker, C & Steiker J., 2020). Community support has also declined from 76% to 56% since the mid-1990s (Steiker, C & Steiker J., 2020). Therefore, it is worth noting that the United States is also approaching the threshold of the abolition of capital punishment in the country, and there are many reasons for this decision.

Arguments for the Death Penalty

One may note that the population in many states still supports capital punishment for people who have committed serious crimes. The first argument in favor of this legal measure is that each person deserves a punishment equal to his or her crime. Thomas Aquinas said that, in some cases, the evil deeds of criminals turn murder for the sake of justice into good deeds, since, in this case, the execution is the punishment of the sinner (Arguments against capital punishment, 2014). In addition, the families of many victims wish the same fate for their murderers, and this decision seems fair. For example, terrorists who took the lives of dozens of people are dangerous and must be punished for their actions.

Moreover, many rapists, terrorists, and murderers are fanatics, and they cannot change their minds even in life imprisonment, but they have a chance to escape and cause even more harm to society. Consequently, the death penalty is a measure that makes society and the judiciary confident that a person will not be able to repeat his or her crimes. Hence, the benefits of a death sentence are ensuring the safety of society and a sense of fair punishment for the person who deserves it.

Arguments Against the Death Penalty

Modern societies are increasingly negatively attributed to the capital punishment of criminals, and there are many reasonable arguments for its abolition. Among the most compelling reasons is the value of human life, the likelihood of conviction of the innocent, and the high cost of capital punishment. The first reason for abolishing the death penalty is both philosophical and legal since all countries and societies understand the value of human life, and the constitutions of many states note this fact. Although the argument in favor of the death penalty is that it is equal to crime, many people agree that violence cannot defeat violence, so execution is not a solution. The life of a person belongs only to him or her, and the Declaration of Human Rights clearly states this freedom that should not be violated. Life imprisonment without the possibility of parole is also a sufficient punishment since people do not own their freedom.

In addition, there is always the possibility of conviction of an innocent person. This fact is confirmed by statistics since 130 people were released after being sentenced to death on false charges from 1973 to 2012 (Arguments against capital punishment, 2014). Besides, quite often, people are condemned not because of mistakes of the investigation, but due to deliberate actions, since the modern world still has not overcome corruption, blackmail, and other criminal frauds. Therefore, even if the percentage of death sentences of innocents is low, this type of punishment only increases the level of injustice but does not reduce it.

Another rational and pragmatic argument for abolishing capital punishment is its high cost. Many studies have shown that the death penalty is more expensive than life imprisonment; for example, in Texas in 2018, a death sentence cost $ 4.1 million, and life in prison is $ 1.3 million (Wilson, 2019). However, Texas is the state in which the most significant number of executions was carried out, and for some states, the retention of capital punishment costs a large part of the budget without justifying the expenses. For example, the governor of California noted that the state spent about $5 million and committed just 13 executions in 40 years (Steiker, C & Steiker J., 2020). Such a big waste exists because states need to spend more costs on jury selection, keeping criminals before sentencing, expert research and testimony, and appellate review (Wilson, 2019). Consequently, the high costs of maintaining such a system are unjustified.

Conclusion

Thus, the history and modern practices of applying capital punishment by the judicial system demonstrate that the abolition of such a system is more acceptable than its keeping. Arguments in favor of the death penalty as a fairer and safer punishment for society are refuted by the fact of the value of human life. At the same time, the conviction of innocent people to death and the high cost of such a procedure reinforce the abolition of capital punishment.

References

Hoag, R. (n.d). Capital punishment. In J. Fieser & B. Dowden (Eds.), Internet Encyclopedia of Philosophy.

Wilson, B. (2019). Valuing the death penalty. Mississippi Law Journal.

Shatz, S. (2017). The American death penalty: Past, present, and future, Tulsa Law Review,53(2), 349-362.

Steiker, C. S., & Steiker, J. M. (2020). The Rise, fall, and afterlife of the death penalty in the United States. Annual Review of Criminology, 3(1), 299315.

Arguments against capital punishment (2014). BBC.

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