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David Brown

11/26/19

English 3 Honors, Block 5

Mrs. Storer

A Necessary Evil

In the wise words of philosopher, Friedrich Nietzsche, “There is a certain right by which

we many deprive a man of life, but none by which we may deprive him of death; this is mere

cruelty” (Friedrich Nietzsche). Friedrich perfectly describes the situation that we live in today. It

isn’t the death penalty that is cruel. It is the deprivation of death that is cruel and unusual

punishment. The death penalty is not only helpful, but crucial to the judicial system. The latest

bill from Governor Newsom should be negated, because the death penalty is morally correct, the

ultimate peace for the victim, and promotes deterrence from future crimes.

The death penalty is completely morally correct. Opponents who deem it immoral often

point to the 8th Amendment of the Constitution. This amendment entails, “Excessive bail shall

not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

(Constitution). As an American, I think the Constitution is the basis for morality. Their argument

is that the death penalty is a cruel and unusual punishment. This statement is completely false.

The death penalty is not a cruel and unusual punishment, because the lethality of the death

penalty is justified by the crime. Take this example from Boston 25 News for instance, “In

October 2016, Emmaleigh's mother, Amanda Adkins, said she found Taylor, her then-boyfriend,

in the basement of their Fairplain home with the baby, who was unconscious and bloody. The

girl, who showed signs of sexual assault, later died from her injuries, authorities said” (Chelle
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Ewing). This is a real event that has happened. Even though this seems too heinous of a crime, it

is reality. There are some terrible people in this world and monsters like Benjamin Taylor live in

it. Is this man morally correct? No, to the fullest extent of the term. This means that the death

penalty is moral is this situation. Of course, the death penalty is not for all crime, but only for the

worst of the worst. Another reference to the Constitution, “nor be deprived of life, liberty, or

property, without due process of law” (Constitution). Ones opposing the death penalty argue that

the government does not have the right to decide you may live and who may die. This is also

completely false. According to the due process clause in the 5th Amendment, one can be deprived

of life with due process of the law. This is blatant and simply articulated. Again, as an American

the Constitution is morally correct. Hence, one being deprived of life with due process of law is

moral. The death penalty is ultimately moral in its practice. Continuously, what are the victim’s

concerns?

Secondly, the death penalty is the only ultimate peace for the victim and the victim’s

family. According to the Bureau of Justice Statistics, “In 2000, the Bureau reported 37.1 escapes

per 10,000 prisoners. And in 2013, this rate had decreased to 12.7 escapes… Over 2.2 million

people were incarcerated in the US in 2014” (Hinckley). This means that roughly over eight

thousand prisoners escape every year. Those against the death penalty say that life in prison is a

better alternative than death. This is completely false, if one looks from the victim’s point of

view. Imagine that you had to sell out a dangerous and radical criminal for the betterment of the

public. You tremble in fear every day hoping that he does not get lucky and escape longing for

revenge. If you were this victim do you not want this dangerous criminal dead and you finally

safe and at ease? Ones against the death penalty are promoting the torturing of the innocent

victim and not the actual criminal. An example of such proceedings, ““The friends and family of
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those killed or injured by Jason McGehee, Stacey Johnson, Marcel Williams, Kenneth Williams,

Bruce Ward, Ledell Lee, Jack Jones, Don Davis, and Terrick Nooner have waited decades to

receive some closure for their pain” (Santhanam). These poor victims and families of the victims

waited decades for closure and were denied it by those opposing the death penalty. These victims

and families had to live hoping for the prisons to do their jobs. While an escape is rare, the

possibility of it is enough to haunt those involved as stated in this article. The only real solace for

a victim and a victim’s family is through the death penalty. Additionally, the death penalty is a

deterrence for crime.

Finally, the death penalty has additional, beneficial side effects such as deterrence from

future crimes. This is proven by Dr. Muhlhausen, “Studies of the death penalty have reached

various conclusions about its effectiveness in deterring crime. But... the majority of studies that

track effects over many years and across states or counties find a deterrent effect” (Muhlhausen).

This Doctor found through multiple studies there were various deterrent effects. This is a logical

conclusion, because if you were a criminal, who is about to commit a crime, you would not

proceed if there is a possibility of death. Another situation that proves the effect of deterrence

occurs, “Recent studies have exploited better data and more sophisticated statistical techniques.

The modern refereed studies have consistently shown that capital punishment has a strong

deterrent effect, with each execution deterring between 3 and 18 murders” (Rubin). This clearly

states that there is a deterrent nature to the death penalty. One will not do such heinous crimes

such as homicide with the possibility of fatality in the back of their mind. This is my own

personal conclusion, but this seems logical that a human being does not want to die. Clearly,

there is a deterrent to future crimes as the death penalty becomes more popular.
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The death penalty is completely moral, the only ultimate solace for the victim, and is a

true deterrent of crime, thus the anti-death penalty bill needs to be negated. It is moral due to

many references in the Constitution and justified by examples of unforgiveable, evil crimes such

as Benjamin Taylor. It is the only real solace for victims, because there is a possibility of

criminals escaping and enacting vengeance on their victims. Finally, through many recent

studies, it is founded that the death penalty deters future homicides. The death penalty, while

dark in nature, is the hero that the public needs to keep the streets in order. Though it is human

nature to prevent death, it is a necessary evil for public peace and prosperity. Please vote against

this terror-bringing bill and give peace to those who did the right thing.
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Work Cited

“California Jail Break: How Rare Are US Prison Escapes?” The Christian Science Monitor, The

Christian Science Monitor, 25 Jan. 2016,

www.csmonitor.com/USA/Justice/2016/0125/California-jail-break-How-rare-are-US-

prison-escapes.

“Does the Death Penalty Deter Crime?” Should the Death Penalty Be Allowed?,

deathpenalty.procon.org/view.answers.php?questionID=000983.

EndPlay. “Man Convicted of Rape, Murder in Death of 10-Month-Old Baby.” WFXT, 20 Mar.

2019, www.boston25news.com/news/trending-now/man-convicted-of-rape-murder-in-

death-of-10monthold-baby/932261454.

Santhanam, Laura. “Does the Death Penalty Bring Closure to a Victim's Family?” PBS, Public

Broadcasting Service, 25 Apr. 2017, www.pbs.org/newshour/nation/death-penalty-bring-

closure-victims-family.

“The 5th Amendment of the U.S. Constitution.” National Constitution Center – The 5th

Amendment of the U.S. Constitution, constitutioncenter.org/interactive-

constitution/amendment/amendment-v.

“The 8th Amendment of the U.S. Constitution.” National Constitution Center – The 8th

Amendment of the U.S. Constitution, constitutioncenter.org/interactive-

constitution/amendment/amendment-viii.