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Amory Jones

Emilee Durand

Section 0404

The Justice Card

When discussing capital punishment, better known as the death penalty, many people

automatically say it is wrong. Most people consider it a violation of human rights and that it is

ethically immoral. The death penalty is used when there is a case of treason, espionage, murder,

large-scale drug trafficking, as well as attempting to kill a witness, juror, or court officer in

certain cases(ACLU). Within all of these cases the victims personal human right was

disregarded so why should the one guilty of doing so receive special treatment? The death

penalty is a fair punishment for those who have immensely harmed others and this can be seen

through the use of a fair trial as well as domestic and psychiatric support.

The law enforcement and the judicial system go through extensive measures such as

DNA or forensic testing to make sure the person who is being prosecuted is the right person.

Many attorneys use DNA testing to automatically prove their client's innocence, but as said in an

article by ACLU, a nonprofit organization that fights to defend individual rights and liberties,

named DNA Testing and the Death Penalty they state DNA testing is a two-edged sword.

Through the Innocence Project (a program of the Cardozo School of Law in New York) about

half of the DNA tests confirmed guilt (ACLU, Para 6). This project proves the reliability within

the convictions by having DNA confirm the defendant is the one who committed the crime.
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The death penalty is something that should not be taken lightly because you can not undo

an execution which is why psychological evaluations are given. Psychiatrist interrogations are

given to establish the mindset of the accused before, during, and after the crime has taken place.

During these evaluation the psychologist also evaluates whether or not the accused feels any

guilt or remorse for their actions. In A Reasoned Argument Against Banning Psychologists'

Involvement in Death Penalty by Michael Naas, he argues the importance of the evaluations of

professionals. Naas discusses how evaluations are not meant to just state that the defendant is a

bad person but that due to their mental state will they ever be a productive member of society

and if rehabilitation is an option (Naas, 64). Naas work helps explain that the death penalty is

not the first option when it comes to harsh crimes; the death penalty is used for those individuals

who feel no remorse for their actions and know what their actions would result in.

The death penalty is domestically well supported due to it be symbolic justice of an eye

for an eye. In Mona Lynchs, Co-Director of Department of Criminology, Law and Society at

UCI, Capital punishment as Moral Imperative she states that between two-thirds and four-

fifths of Americans have expressed general support for capital punishment in annual

polls(Lynch, 214). This shows that many Americans find the death penalty to be ethical and a

reasonable method. The death penalty is seen as a violent and gruesome way to die but the

process is evolving. Lynch also talks about how the process of the executions have been

modernized to a more private and civilized manner (Lynch, 216). The most used method of

execution is the lethal injection due to the fact that it is quick, very little pain, and mess free. This

shows the growth within the process of executions and how it is done in a respectful way.
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Although many people believe that death sentences are biased and unfair, death penaltys

are done in a fair process through the use of a jury full of the defendants fellow citizens. To be

judged by a jury of fellow citizens who could have been in similar predicaments or have had

loved ones who have done similar things, jurors are more sympathetic. Having the sentencing

more affected by the jury over an actual judge should also make the defendant feel better because

it is less intimidating resulting in the defendant to explain their situation easier. Although it may

be less intimidating the jury still knows right from wrong and will properly sentence those who

are on trial. Through having a jury trial there is a rightful conviction rate of 99.72% (ACLU)

which is important for not sentencing the wrong person and serving proper justice.

Over the years the death penalty has become more and more unpopular due to it being

barbaric, costly, and immoral. Many of these people who believe in this manner are not aware of

the death penalty is put in place to bring equality and justice. Criminals should receive a

punishment equal to the crime they have committed. The death penalty is a fair punishment for

those who have immensely harmed others and this can be seen through the use of a fair trial as

well as domestic and psychiatric support.

Work Cited
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Lynch, Mona. Capital punishment as moral imperative. Punishment & Society. Vol 4, Issue 2,

pp. 213 - 236. April 1, 2002. https://doi.org/10.1177/14624740222228554

Brodsky, Stanley L., et al. "A Reasoned Argument against Banning Psychologists' Involvement

in Death Penalty Cases." Ethics & Behavior, vol. 23, no. 1, Jan. 2013, pp. 62-66. EBSCOhost,

doi:10.1080/10508422.2013.757954.

Naas, Michael. "The Philosophy and Literature of the Death Penalty: Two Sides of the Same

Sovereign." Southern Journal of Philosophy, vol. 50, Sep2012 Supplement, pp. 39-55.

EBSCOhost, doi:10.1111/j.2041-6962.2012.00120.x.

ACLU. DNA` Testing and the Death Penalty. ACLU. https://www.aclu.org/other/dna-testing-

and-death-penalty. Accessed 2 Nov. 2017

Carmichael, Casey. "Capital Punishment Is Morally Justified." Ethics of Capital Punishment

(2011). 12 Oct 2017.

Bibliography
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Lynch, Mona. Capital punishment as moral imperative. Punishment & Society. Vol 4, Issue 2,

pp. 213 - 236. April 1, 2002. https://doi.org/10.1177/14624740222228554

Brodsky, Stanley L., et al. "A Reasoned Argument against Banning Psychologists' Involvement

in Death Penalty Cases." Ethics & Behavior, vol. 23, no. 1, Jan. 2013, pp. 62-66. EBSCOhost,

doi:10.1080/10508422.2013.757954.

Naas, Michael. "The Philosophy and Literature of the Death Penalty: Two Sides of the Same

Sovereign." Southern Journal of Philosophy, vol. 50, Sep2012 Supplement, pp. 39-55.

EBSCOhost, doi:10.1111/j.2041-6962.2012.00120.x.

ACLU. DNA Testing and the Death Penalty. ACLU. https://www.aclu.org/other/dna-testing-

and-death-penalty. Accessed 2 Nov. 2017

Carmichael, Casey. "Capital Punishment Is Morally Justified." Ethics of Capital Punishment

(2011). 12 Oct 2017.

Barner, John Robert. "Life or Death Decision Making: Qualitative Analysis of Death Penalty

Jurors." Qualitative Social Work, vol. 13, no. 6, Nov. 2014, pp. 842-858. EBSCOhost,

doi:10.1177/1473325013507304.

Diamond, Shari Seidman. Growth and Maturation in Psychology and Law. Law & Society

Review, vol. 17, no. 1, 1982, pp. 1120. JSTOR, JSTOR, www.jstor.org/stable/3053530.

Dix, George E. "Death Penalty, Dangerousness, Psychiatric Testimony, and Professional Ethics."

American Journal of Criminal Law 5.2 (1977): 151-214

O. Roeder, L. Eisen, and J. Bowling, "What Caused the Crime Decline?," Brennan Center for

Justice, February 12, 2015; DPIC posted Mar. 2, 2015

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Scheidegger, Kent. "An Effective Death Penalty Protects the Community from Criminals." Does

Capital Punishment Deter Crime? (2009). 12 Oct 2017.