Death Penalty: Weighing the Pros and Cons

The death penalty, also known as capital punishment, remains one of the most debated topics in contemporary society. It is a contentious issue with passionate advocates and opponents on both sides. This article aims to explore the arguments for and against the death penalty, drawing on statistical data, legal perspectives, and ethical considerations to provide a comprehensive overview.

Public Opinion on Capital Punishment

Public support for the death penalty is a significant factor in the ongoing debate. Recent surveys indicate varying levels of approval, influenced by factors such as age and geographic location. According to a major survey in the US, a majority of Americans (53%) still favor the death penalty for individuals convicted of murder, although support is less pronounced among younger generations. In the UK, support for capital punishment has seen a resurgence after a period of decline following its abolition in the 1960s.

Arguments in Favor of the Death Penalty

Retribution and Justice for Victims

One of the primary arguments in favor of the death penalty is that it provides a sense of retribution for victims and their families. The idea is that certain crimes are so heinous that the only just punishment is the death of the perpetrator. For instance, the family of Jamie Rose Bolin, who was brutally murdered in 2006, expressed that the death penalty was the only just punishment for her killer.Supporters argue that the death penalty brings closure to victims' families by ending the cycle of repeated exposure to the gruesome details of the crime during lengthy appeals and media coverage. Oklahoma Attorney General John O’Connor stated that the families of murder victims suffer unspeakable pain, which is repeatedly torn open during investigations, trials, and appeals. A just execution, they believe, puts an end to this cycle. Jason Johnson, whose father was sentenced to death for killing his mother, stated he would attend the execution to see his family have some closure.

Deterrence of Future Crimes

Another argument in favor of capital punishment is its potential to deter future crimes. While there is limited empirical evidence to support this claim, some argue that the fear of execution can prevent potential offenders from committing violent acts. Reform UK MP Lee Anderson stated in 2023 that "Nobody has ever committed a crime after being executed," advocating for the return of the death penalty in Britain.Moreover, proponents suggest that the death penalty prevents convicted murderers from repeating their crimes. Kenneth Allen McDuff, who was initially sentenced to death in 1966 for multiple murders but later released on parole due to the Supreme Court's invalidation of the death penalty in 1972, went on to commit more heinous crimes. This case is often cited to illustrate how the death penalty, when carried out, can save innocent lives by preventing recidivism.

Moral and Just Punishment

Proponents of the death penalty argue that it is the only moral and just punishment for the worst crimes. This perspective aligns with the concept of lex talionis, often summarized as "an eye for an eye." Charles Stimson of the Heritage Foundation argues that retribution is society's right to make a moral judgment by imposing a punishment befitting the crime.Jon’a F. Meyer, a sociology professor at Rutgers University, explains that retributionists support the death penalty only for crimes defined as particularly heinous. Robert Blecker, a professor emeritus at New York Law School, clarifies that retribution is not simply revenge but a way to restore moral balance by ensuring that punishment is limited, proportional, and deserved.George Brauchler, a district attorney of the 18th Judicial District in Colorado, poses the question of what justice looks like for heinous crimes involving multiple victims, torture, or serial killers, suggesting that in the worst cases, death is the only fitting punishment.

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Arguments Against the Death Penalty

Lack of Deterrence

One of the most frequently cited arguments against the death penalty is that it does not deter crime. Scientific American reported that "study after study shows that the death penalty does not deter crime," and instead, it is a cruel and inhumane practice without significant benefits.A 2024 analysis by the Death Penalty Project concluded that the notion of the death penalty as a deterrent to mass shootings is a false and dangerous fantasy. In fact, 24 of the 30 deadliest mass shootings since 1976 occurred in states with the death penalty. Robert Dunham, the author of the analysis, stated that individuals in the throes of emotional crisis do not engage in the rational assessment of consequences required for a deterrent to work.The ACLU adds that people commit murders largely in the heat of passion, under the influence of alcohol or drugs, or because they are mentally ill, giving little thought to the consequences. Those who plan their crimes beforehand intend to avoid punishment altogether by not getting caught.

High Costs

The death penalty is significantly more expensive than life imprisonment without parole. The death penalty system in California costs $137 million per year, while a system with lifelong imprisonment as the maximum penalty would cost $11.5 million, representing an almost 92 percent decrease in expense. Similar trends are observed in other states, such as Kansas, Tennessee, and Maryland.In Texas, executions are funded by raising property tax rates and reducing public safety expenditure. North Carolina, which has not executed anyone since 2006, has spent approximately $200 million on death penalty cases between 2006 and the end of 2024, or about $11 million per year without actually using the death penalty.

Risk of Executing the Innocent

One of the most compelling arguments against the death penalty is the risk of executing innocent individuals. Since 1973, over 200 people sent to death row in the USA have been exonerated or released on grounds of innocence. Dr. Bharat Malkani at the University of Birmingham stated that "for every 10 people on death row who are executed, at least one person on death row is innocent."While some argue that exonerations prove the appeals system is working, others believe that innocent people have likely been executed in recent years. The Innocence Project points out that individuals from the margins of society, particularly people of color, disproportionately face execution due to racial bias, inadequate legal defense, incentivized informants, and unreliable evidence, which pervert justice at the expense of innocent lives.

Racial and Socio-Economic Bias

The death penalty is often applied inconsistently and disproportionately affects marginalized groups. People from the margins of society, particularly people of color, disproportionately face execution due to racial bias, inadequate legal defense, incentivized informants, and unreliable evidence, said The Innocence Project, regarding cases in the US. These factors “consistently pervert justice at the expense of innocent lives”.A survey of executions found that 80 percent of executions occur in former Confederate states and mirror historical lynching sites. Journalist Josh Marcus explains that following the end of the Reconstruction period, lynching surged in the late 1800s, and government officials began arguing for capital punishment as an alternative.

Immorality and Human Rights Violations

Many religions and human rights organizations oppose the death penalty on moral grounds, arguing that it constitutes cruel, inhuman, and degrading punishment. Amnesty International holds that the death penalty breaches human rights, particularly the right to life and the right to live free from torture or cruel, inhuman, or degrading treatment or punishment.Rabbi Benjamin Zober explains that when the state deliberately decides to extinguish human life, it commits murder. Robert Schentrup, the brother of a Parkland shooting victim, testified against the death penalty, stating that true justice is not achieved through revenge.

Read also: Unveiling the Unknown

Botched Executions and Cruel Methods

The death penalty can also be expensive and easily botched. The Trump administration’s push for states to escalate executions led them to return to unreliable methods of killing prisoners - including lethal injection, which has the worst track record of any method of execution and can lead to long and torturous deaths, said Austin Sarat in The Guardian.These concerns around lethal injection have led to the use of alternative execution methods, like nitrogen gas, which have led to failed or painful executions, said CNN.

Global Perspective on the Death Penalty

Amnesty International listed the United States as just one of 55 countries with the death penalty for “ordinary” crimes in 2024. Another nine countries reserved the death penalty for “exceptional crimes such as crimes under military law or crimes committed in exceptional circumstances.” 112 countries have abolished the death penalty legally and 23 have abolished the punishment in practice.

The Death Penalty in the United States

As of 2024, 27 U.S. states had the death penalty; three had the death penalty but had imposed a moratorium, halting executions; one had the death penalty but had imposed an unofficial moratorium until updated execution protocols were available; and 23 states and Washington, D.C., had abolished the death penalty. The punishment, however, remains legal at the federal level. Since 2003, capital punishment of federal prisoners has been used only in 2020 and 2021, during the first administration of President Donald Trump, when 13 men were executed. Prior to 2020 the federal government had executed three people since 1963, all under President George W. Bush.

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