Research Paper on "Death Penalty, Also Known as Capital Punishment"

Research Paper 5 pages (1374 words) Sources: 3

[EXCERPT] . . . .

Death penalty, also known as capital punishment, has generated a heated debate for as long as it has existed. Globally, opinions are mixed with most industrialized democracies opposed to the practice. Within the United States there is tremendous controversy. The punishment is reserved for only the most serious of crimes such as premeditated murder or the assassination of a federal officer. Since 1976, the decision has been left to states; today most states formally allow for it, but only a few have an active death penalty record. Since 1977, there have been 1099 total executions (Arguments). Thirteen states have rendered capital punishment illegal, but since it is available in other states criminals may be tried in a different place than the origin of their crime. Here the arguments both for and against capital punishment will be reviewed.

Arguments For the Death Penalty

"The murderer shall surely be put to death" (Numbers 35: 16-18)

The two most common arguments for the death penalty are deterrence and revenge. In the former, it is argued that people may stop and reconsider their actions when they know their own life is on the line. That is, a potential murderer may be deterred from his crime if such a severe punishment awaits. In this view, the existence of the death penalty serves to reduce violent crime (Bailey, 1974). Furthermore, by eliminating violent criminals from society, our communities will know that they can trust in the government to create safer living conditions. However, even those who make the deterrence argument note that "the death penalty is much more likely to be a deterrent where the crime requires planning and the potential criminal has time to think about the possible consequences," (Arguments). That is, crimes committed in the heat of passion are unlikely to have any deterrence effect, including fines, jail time, or the death penalty.

The revenge argument makes a broader philosophical point in line with "an eye for an eye," arguing that murderers deserve to have their own lives ended, just like the lives they chose to end. In this view, only capital punishment can match the seriousness of the crime of murder. Similarly, only capital punishment can provide families and loved ones of the victim with closure and a sense of justice. This argument calls on the timeless and universal human urge to exact revenge for wrong-doing. It is an emotional and very powerful piece of this story, and many opponents of the death penalty become proponents when a loved one is murdered.

While deterrence and revenge are the most often cited arguments for the death penalty, other, more nuanced, arguments also exist. Proponents note that our legal system offers extensive appeal opportunities to protect the constitutional rights of the accused. Most prisoners who are sentenced to the death penalty spend many years on death row before they are executed; during this time, their cases are studied and appealed until there is no reasonable doubt of their guilt. Proponents of the death penalty feel that even this kind of controlled execution by the state isn't enough punishment for the cruel, violent acts committed against the innocent.

Arguments Against the Death Penalty

"Thou shalt not kill" (Exodus)

Those who oppose the death penalty usually begin by refuting the logic of both the deterrence and the revenge arguments. They note that very few murderers are taking the time to consider the consequences of their actions when they commit violent acts. It is difficult to imagine an angry, violent criminal making a calculated choice about how much harm to inflict based on a comparison of life in prison as opposed to death. Thus, the existence of the death penalty does little to deter the kinds of crimes to which it applies. Research supports this contention, showing that states with the death penalty do not enjoy lower crime rates than other states.

As a tool for revenge, the death penalty also fails to live up to its promise. Opponents note that violence and death rarely lead to feelings of satisfaction or closure. Unless the death of a violent criminal leads to tangible feelings of increased… READ MORE

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