PROS AND CONS OF THE DEATH PENALTY
Arguments For and Against the Death Penalty
Lindsay Falck
CJ 1010-022-F15 CRN 40790
Salt Lake Community College
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PROS AND CONS OF THE DEATH PENALTY
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Abstract
The first recorded legal document that talks about the death penalty dates back to 1754 B.C. It is
the Code of Hammurabi. This code was carved on stone, and detailed the laws of the land.
Freeing a slave, committing robbery and committing adultery were crimes punishable by death,
but strangely murder was not a crime that was said to be punishable by death (Guernsey, 2009).
It is interesting that in ancient times, murder was not punishable by death, yet in modern times
many men and women’s lives are literally on the line because of a terrible choice he/she made
earlier in life. Criminals that commit murder should definitely be punished, but I wonder if the
death penalty is the best punishment possible. The death penalty is a permanent punishment that
some criminals deserve, but what about an offender that made one bad decision when he was on
a bender? What about a person that was fingered for a murder, but is then proven innocent?
Should the death penalty be used as a deterrent to future crimes? Should it be used as
retribution? What about the cost to the taxpayer, and what about Eighth Amendment, which
provides protection against cruel and unusual punishment? The following arguments for or
against points of the death penalty may not provide any changes to this complex issue, but
hopefully the arguments will help individuals see each side of the death penalty, and take their
opponents opinions into consideration when voting for or against death.
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Arguments For or Against the Death Penalty as a Deterrent
For:
According to University of Buffalo Professor Isaac Ehrlich, each execution that was
performed between the 1950’s and 1960’s saved eight innocent lives by deterring murder
(Ehrlich, 1975). Some argue that executions should be increased and should be more frequent.
They believe that the threat of the death penalty will only be taken seriously if death sentences
are carried out swiftly. Death should happen within a year, instead of twenty years from now.
Death is the ultimate deterrent for a vicious killer. Kill him before he kills again.
Against:
There are no solid statistics showing that the death penalty deters future crimes. A
criminal does not think about the consequences of his/her actions prior to committing a crime. A
man itching to get high is going to steal, and might possibly kill someone in the process. He
likely did not think his criminal act through from point A to point B. The death penalty was
likely the furthest thing from his mind, thus it would not have prevented his crime. Many capital
crimes happen in the heat of the moment or when under the influence of drugs or alcohol. It has
also been found that non-death penalty states have lower rates of homicide than states that use
the death penalty (Fletcher, 1997). Overall, the death penalty is not a strong deterrent against
crime.
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The Death Penalty as Retribution
For:
Historically, retribution fulfills the idea of an “eye for an eye”. An “eye for an eye”, is a
life for a life (deathpenaltyinfo.msu.edu). It can be argued that the execution of a murderer will
bring closure to a victims’ family. The execution also stops the criminal from murdering again.
Retribution is not revenge. It answers injury with injury for public good (Budziszewski, 2004).
Against:
Many human beings feel badly when a person is harmed. There are those that object to
the death penalty, because they see it as revenge. They don’t see any good in taking a life for a
life. “We cannot teach that killing is wrong by killing. We oppose capital punishment not just
for what it does to those guilty of horrible crimes, but for what it does to all of us as a society.
Increasing reliance on the death penalty diminishes all of us and is a sign of disrespect for human
life.”(Statement of the Administrative Committee of the United States Catholic Conference,
March 1994).
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The Death Penalty and Innocence
For:
While researching the topic of innocence and the death penalty, it was hard to find any
argument that pointed to the fact that executing an innocent person was okay. It could be argued
that executing an innocent person here and there is a small price to pay, in order to keep society
safe, but there are no good arguments out there that truly support this claim. When a heinous
crime is committed, the public seeks justice and the officers of the law have the responsibility to
punish the accused. Some may say that the cost to society may seem small since only 4% of
defendants set to die are innocent (Pilkington, 2014), but after all, the law is the law, right?
Against:
As of February 2009, eighteen death row inmates were proven innocent and exonerated
by DNA testing. These men served as combined 229 years in prison, including 202 years on
death row for crimes they did not commit (www.innocenceproject.org). One man, Frank Lee
Smith, died from cancer after serving 14 years behind bars for a murder and rape he did not
commit. Sadly his exoneration did not come until 11 months after his death. There are many
factors that send innocent people to death row. These factors include lack of defense, lack of
eyewitness testimony, and an increase of pressure placed on law enforcement to close cases
(www.deathpenaltyinfo.org). Until a fair defense is provided for all accused, and pressure to
close cases decreases, conviction of innocent people will continue to occur. Justice should be
swift, but it must be accurate.
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The Death Penalty: Arbitrariness and Discrimination
For:
It can be argued that the criminal justice system is inconsistent. Some murderers receive
the death penalty, while others receive life in prison. Most death row defendants cannot afford a
good defense, and the jury selection process can result in a biased jury. Although the process is
flawed, it has worked for decades.
Against:
The death penalty should not be considered as a form of punishment because the jury
selection process is flawed. Everyone has beliefs that are deeply engrained. Some people
believe in God, others are Atheist. A person may have had a bad experience with a member of
the opposite sex, or a person with a different belief system, or a person of a different race. These
experiences can set any human being up for biased thinking. In addition to jury bias, it is unfair
to put a man or woman on trial for their life when they cannot afford a fair defense. Judge
Sandra Day O’Connor confessed in 2001, “Perhaps it’s time to look at minimum standards for
appointed counsel in death cases and adequate compensation for appointed counsel when they
are used.” (www.deathpenalty.org)
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The Death Penalty and Cost
For:
Sometimes the death penalty, although costly is justified because it helps the victims of
families to seek full justice for their loved ones. Jodi Arias was tried in Arizona courts, for
killing her boyfriend, Travis Alexander. The case went on for months and it was determined by
a jury that she was death penalty eligible. When the time came for the jury to sentence her to
death, they could not do it. The judge eventually sentenced her to life in prison without any
possibility of parole. The whole trial was a circus and it cost taxpayers over 3 million dollars.
Travis Alexander’s family wanted Jodi to be sentenced to death due to the horrendous nature of
the crime, so the trial was worth the cost to the family and concerned citizens throughout the
U.S.
Against:
The death penalty case is much more expensive than life without parole, because the
judicial process for capital cases is much more complex (www.deathpenalty.org). A single death
sentence in Maryland costs 2 million dollars more than a non-death penalty case
(www.ejusa.org). Once an inmate is sentenced to death, he/she can appeal, and the appeal
process can take years. If a conviction happens to be overturned, and a new trial is requested,
then the accused will be tried again, and more money will be spent on a defense. If a criminal is
sentenced to death, and all appeals are exhausted, then he/she will die, but the execution itself
also costs big bucks. Just the legal fees for a death penalty case in Texas, from indictment to
execution, costs $1.2 million (www.deathpenaltyinfo.org). It currently costs $1286.86 for a
lethal injection cocktail as one of the drugs in the cocktail, sodium thiopental, was replaced by
pentobarbital, which is more expensive. The cost of a lethal injection prior to this change was
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$83.35. For Texas, this meant that they spent nearly $16,000.00 on the death drug alone in 2012.
This was about 15,000.00 dollars more than they had spent on the drug in 2011
(deathpenaltynews.blogspot.com). Housing just one of these death row inmates for 40 years,
would only have cost taxpayers $693,500.00 (dealthpenaltynews.blogspot.com).
The Death Penalty and the Eighth Amendment
For:
Ted Bundy, Gary Gilmore, and John Wayne Gacy are well known serial killers. Each of
these men was sentenced to death as punishment for the crimes they committed. These men
deserved to die, because they killed innocent human beings to fulfill their dark desires. Their
executions may seem to some as cruel and unusual punishment, but what about the pain they
inflicted on society? The execution methods used to kill these men (electrocution, firing squad,
and lethal injection) were less cruel than the way they killed their victims, thus their punishment
is justified and protected by the Eight Amendment.
Against:
According to the eighth amendment, all human beings are to be protected from cruel and
unusual punishment. Torture and unnecessary punish is not allowed (www.heritage.org). The
death penalty should be discontinued because it is cruel. If it takes several hours to execute a
death row inmate, or the process becomes torturous, then the process should be halted. The
following is just one example of many botched executions: On April 22, 1983, John Evans was
executed by electrocution. “After the first jolt of electricity, sparks and flames erupted from the
electrode attached to Evans's leg. The electrode burst from the strap holding it in place and
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caught on fire. Smoke and sparks also came out from under the hood in the vicinity of Evans's
left temple. Two physicians entered the chamber and found a heartbeat. The electrode was
reattached to his leg, and another jolt of electricity was applied. This resulted in more smoke and
burning flesh. Again the doctors found a heartbeat. Ignoring the pleas of Evans's lawyer, a third
jolt of electricity was applied. The execution took 14 minutes and left Evans's body charred and
smoldering.” (www.deathpenatly.org).
PROS AND CONS OF THE DEATH PENALTY
References
Guernsey, J. (2009, 01). Death Penalty: Fair Solution or Moral Failure?.
deathpenalty.procon.org. Retrieved 10, 2015, from
http://deathpenalty.procon.org/view.timeline.php?timelineID=000025
Ehrlich, I. (1975, 06). The Deterrent Effect of Capital Punishment - A Question of Life and
Death," American Economic Review
Fletcher, A. (1997) Excerpts from “The Case Against The Death Penalty.” – American Civil
Liberties Union
http://deathpenaltyinfo.msu.edu
Budziszewski, J. (2004 Aug/Sept.) “Capital Punishment: The Case for Justice.”
OthodoxyToday.org. http://deathpenalty.procon.org/view.resource.php?resourceID=002000
Pilkington, E. (2014, 4) “US death row study: 4% of defendants sentenced to die are innocent.”
http://www.theguardian.com/world/2014/apr/28/death-penalty-study-4-percent-defendantsinnocent
http://www.innocenceproject.org/news-events-exonerations/the-innocent-and-the-death-penalty
www.ejusa.org
http://deathpenaltynews.blogspot.com/2012/02/texas-lethal-injection-costs-increasing.html
http://www.deathpenaltyinfo.org/some-examples-post-furman-botchedexecutions?scid=8&did=478
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