Running head: CAPITAL PUNISHMENT, THE DEATH PENALTY ARGUMENT 1

Capital Punishment, The Death Penalty Argument

Amy Krispow

Salt Lake Community College

April 29, 2022

CJ 1010
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Abstract

The death penalty has existed since the founding of original colonies and has since been a

controversial subject in society. There are several long-standing arguments used when discussing

whether the death penalty should continue. This paper discusses the arguments those in favor use

which include deterrence, retribution, and the elimination of re-offending. This paper goes on to

discuss, in detail, the opposing arguments that include deterrence, elimination of any chance of

rehabilitation, and proven racial bias. This paper also discusses the subjects of innocence and

morality.
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Capital Punishment

It has been found that the Constitution allows the death penalty and doesn't consider it

cruel and unusual. The Supreme Court has consistently ruled that capital punishment itself is not

a violation of the Eighth Amendment. This can be an issue based on how the Constitution is

interpreted, and just because the Constitution allows it, the death penalty isn’t a requirement.

While capital punishment is legal in 27 states, the death penalty is still a highly controversial

subject in society.

Deterrence

The deterrence argument is motivated by the thought that the threat of execution in the

future is intimidating enough that it will cause a significant number of people to refrain from

committing the horrible crime they had planned. Data from all 50 states, from 1978 to 1997, was

examined by Paul Zimmerman, an economist at the U.S. Federal Trade Commission.

Zimmerman used the data to demonstrate how each state execution deters an average of 14

murders annually (2004).

As a group, states that support the death penalty do not have lower rates of criminal

homicide over states that do not. The Death Penalty Information Center shows a study done on

30 years of FBI Uniform Crime Report homicide data reports that the South has consistently had

the highest homicide rate by far, while the South also accounts for more than 80% of executions.

The study also showed the Northeast accounts for fewer than .5% of all executions and has

consistently had the lowest homicide rate (2022).

Re-offending

Something the death penalty guarantees, is that it eliminates the chance of re-offending.

This ensures that, without a doubt, that person will never be given the chance to commit any
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future violent crimes. However, that also means that person is stripped of any chance at

rehabilitation.

Joseph Giarratano is an excellent example of rehabilitation. During the 12 years he served

as a Virginia death row inmate, he taught himself law and became an advocate for his fellow

death row inmates. In doing this, he helped inmate Earl Washington Jr. gain representation, who

eventually was exonerated by DNA evidence (Weiner, 2017). In addition to that, Giarratano also

sought to widen prisoner’s rights and worked to improve conditions in Virginia’s prisons,

including fighting for increased visitor access and confidentiality of lawyer communications. He

was even published in the Yale Law Journal (Margolick, 1990). While evidence had long

indicated Giarratano’s innocence, he ended up serving a total of 38 years before being paroled in

2017. As of 2019, he was working for the Innocence Project at the University of Virginia School

of Law.

Retribution

This is the idea that the death penalty is imposed and justified because it’s deserved, an

“eye for an eye”, or in this case, a life for a life. The basis is that because someone has taken a

life, they gave up their right to live, and that execution of the offender will restore balance and

bring closure to the family members of homicide victims. The death penalty is only sought for

committing the most heinous of crimes, so the offender deserves the worst punishment that can

be given.

Seeking the death penalty can be a lengthy, expensive process filled with appeals. Before

Connecticut repealed the death penalty, 179 family members of murder victims signed a letter to

legislator’s advocating for the death penalty to be abolished. The letter stated, “Our direct

experiences with the criminal justice system and struggling with grief have led us all to the same
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conclusion: Connecticut's death penalty fails victims’ families... In Connecticut, the death

penalty is a false promise that goes unfulfilled, leaving victim’s families frustrated and angry

after years of fighting the legal system” (Death Penalty Information Center, 2021).

When capital punishment was reinstated in New Jersey, the idea of being tough on crime

was applauded. That thought has changed over the years, and while the reinstatement happened

in 1982, there has yet to be an execution. After 197 trials, jurors voted 60 of those to be guilty

beyond reasonable doubt (Pompelio, 2006). Having to continue the cases for years re-traumatizes

victim’s families and doesn’t allow closure.

Racial Bias

Racial bias has been shown throughout history in the criminal justice system and in the

use of capital punishment. There have been studies done across the nation that found race is a

factor in various aspects. More than 75% of murder victims in cases resulting in executions are

white, even though 50% of all murder victims are African American. A study in 1990 by the US

General Accounting Office stated 82% of the studies reviewed showed race of the victim

influenced the likelihood of receiving the death penalty, and cases with white victims were much

more likely than in cases with black victims.

Since 1976, the number of cases resulting in executions with white defendants and black

victims is 21, while cases with black defendants and white victims is 296. The race of jurors can

also affect cases. A study of 100 felony cases over 2 years showed prosecutors dismissed black

jurors twice as often as white, even though the jurors expressed similar opinions about the

criminal justice system. In death penalty states, the choice whether to seek it is left up to the

prosecutor's discretion. Surveys of prosecutors showed an extreme lack of diversity. A 1998

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examination of Chief District Attorneys showed almost 98% were white, 1% black, and 1%

Hispanic (Ways that race can affect death sentencing).

The most comprehensive study to be conducted on North Carolina’s death penalty was

done by researchers from the University of North Carolina. The study collected data from over

502 murder cases from 1993 to 1997. This study found that race plays a significant role in who

receives the death penalty as punishment. Professor Jack Boger and Dr. Isaac Unah found that

defendants who committed crimes against white victims were 3.5 more likely to receive the

death penalty than those whose victims were non-white. Unah said, “No matter how the data was

analyzed, the race of the victim always emerged as an important factor in who received the death

penalty” (2001).

Innocence

The Death Penalty Information Center states that since 1973, the total number of people

exonerated after being wrongfully convicted and sentenced to death is 187. This doesn't include

those executed but possibly innocent, and out of 1542 executions, there’s no way to tell how

many were wrongfully executed. Courts usually don't entertain claims of innocence once the

defendant is dead, and attorneys move on to cases where lives are still at risk. There is no doubt

that some executed were done so wrongly, considering the many errors the justice system has

proven to have, especially in relation to death penalty cases. As far as those already executed,

there are at least 20 cases that have strong evidence of innocence (Executed but possibly

innocent).

Morality

There is no agreement in the argument of whether the death penalty is moral, since

morals are subjective. A major argument is that there's a moral obligation to protect the safety
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and welfare of citizens, and the only way to ensure a murderer won't kill again is to make sure

he's dead. Another is that the death penalty ensures justice, that everyone is treated equally.

Justice only works if the system of capital punishment works and isn't faulty, which shows in the

187 people who have been exonerated due to new evidence (Death Penalty Information Center,

2022). Our citizens can also be protected by imposing a life sentence, which achieves the goal

without adding to the taking of another life.

Conclusion

The use of the death penalty continues to have the support of most Americans. A survey

by Pew Research Center that was conducted only a year ago, in April 2021, shows that most

adults are supportive of the death penalty for people convicted of murder. While those in favor of

the death penalty stand behind the arguments of deterrence, preventing future crimes from the

individual, retribution, and protecting our citizens, there is much more data to support the

opposition. As shown throughout the paper, the death penalty has been proven to be an

ineffective deterrent that takes place in a flawed system that has clear racial disparities.
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References

Death Penalty Information Center. (2021, June 30). Victims' families and death penalty repeal

efforts. Death Penalty Information Center. Retrieved from

https://deathpenaltyinfo.org/stories/victims-families-and-repeal

Death Penalty Information Center. (2022, April 22). Fact Sheet. Death Penalty Information

Center. Retrieved from https://deathpenaltyinfo.org/

Death Penalty Information Center. (n.d.). Executed but possibly innocent. Death Penalty

Information Center. Retrieved from https://deathpenaltyinfo.org/policy-

issues/innocence/executed-but-possibly-innocent

Death Penalty Information Center. (n.d.). MARYLAND STUDY FINDS THAT RACE AND

GEOGRAPHY PLAY KEY ROLES IN DEATH PENALTY.

Death Penalty Information Center. (n.d.). Ways that race can affect death sentencing. Death

Penalty Information Center. Retrieved from https://deathpenaltyinfo.org/policy-

issues/race/ways-that-race-can-affect-death-sentencing

Margolick, D. (1990, March 5). Legal scholar on death row fights to halt own execution. The

New York Times. Retrieved from https://www.nytimes.com/1990/03/05/us/legal-scholar-

on-death-row-fights-to-halt-own-execution.html?pagewanted=all&src=pm

Pew Research Center. (2021). (rep.). Most Americans Favor the Death Penalty Despite Concerns

About Its Administration. Retrieved from

https://www.pewresearch.org/politics/2021/06/02/most-americans-favor-the-death-penalty-

despite-concerns-about-its-administration/.
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Pompelio, R.D. (2006, June 12). For survivors’ sake, abolish the death penalty. Death Penalty

Information Center. Retrieved from https://deathpenaltyinfo.org/stories/for-survivors-

sake-abolish-the-death-penalty

Unah, Isaac, and Jack Boger, Race and the Death Penalty in North Carolina: An Empirical

Analysis, 1993–1997, Raleigh, N.C.: The Commonsense Foundation, North Carolina

Council of Churches, 2001.

Weiner, R. (2017, November 21). Former Virginia Death Row prisoner to go free. The

Washington Post. Retrieved from https://www.washingtonpost.com/local/public-

safety/former-virginia-death-row-prisoner-to-go-free/2017/11/21/7e4b29b8-cf00-11e7-

81bc-c55a220c8cbe_story.html

Zimmerman, P. R. (2004). STATE EXECUTIONS, DETERRENCE, AND THE INCIDENCE

OF MURDER. Journal of Applied Economics, VII(1), 163–193.

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Reflection

What assumptions have you made (outside of the research information evaluated)?

I decided to do the paper on the death penalty because I had already begun researching it during

a class assignment. Before researching heavily, I was under the assumption that the death penalty

was sought after more often. I remember seeing the TV shows about death row inmates and there

are even shows still on Netflix. That just gave me the impression that there are a mass number of

inmates on death row. I also had thought there was no data to show it had any effect on

deterrence whatsoever.

Are those assumptions valid?

The assumptions I had made were proven wrong through research. Though there are studies

which show it has deterrent effects, there have been countless studies done in opposition at prove

it has no linked effect to deterrence. Data like this can be hard to interpret, because you can find

data to support whatever side you support, but I think it’s also hard to put a number on being able

to prove crimes that didn’t end up happening. There are currently around 2,450 inmates on death

row, which is a large number, but most of the inmates on death row end up have been there for

years. There were 1.8 million people incarcerated in state and federal prisons and local jails in

2020, so in comparison, that’s just a drop in the ocean and nothing compared to what I thought.

Do you need to investigate more facts and data?

Although I don’t think you can ever research “too much”, I believe that I’ve researched enough

to be able to support my opposition of it and to be able to back that up with facts and data.
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Does the conclusion you came to make sense?

Yes. Like I said previously, you can find data to support your argument depending on what side

you choose. This is true for basically anything, not just in reference to the death penalty. Some of

the major arguments in favor of, I feel, are more based on opinion rather than facts and evidence.

For example, the arguments of retribution and being deserved, aren’t something that can really

be based on fact. While there is clear evidence and studies that support the death penalty isn’t an

effective deterrent, it has racial bias, the innocence factor, rehabilitation, and more.

Does the information researched and your assumptions support the conclusion?

I researched both sides fairly and tried to do so without bias. I included what facts I could find

that supported both sides of the argument. Though I will agree that there might be some cases

that I would be in support, and it may not be clear cut black and white, I would have to stand in

opposition overall, which I feel is a fair conclusion based on all the research done.

Did you ask the right questions?

I believe so. I researched the biggest arguments used in support of and against.

Did you ask enough questions?

The main question being researched was whether the death penalty is a fair form of punishment.

I believe I asked enough questions that pertained to the purpose of the assignment.
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Was there more than one possible conclusion?

Yes. Being in support of the death penalty was the other possible conclusion. I believe that I

came to the right conclusion, based on everything I learned. Since this paper was only to be 4-6

pages, there was so much other information that wasn’t included. As I said though, not

everything is so easily black and white. There are some cases in which I’m sure I would be in

support of the death penalty as a punishment, but that’s not how things can work. In a system

that’s proven to not be efficient and is more harmful than helpful, it needs to be eliminated.

How has this assignment shaped or changed your perspective concerning the issue?

This assignment has given me the information I need to be able to choose a side and be confident

in that decision. Before this, I would have probably said that I support it for people who deserve

it. That begs the big question though, who deserves it? How does giving the death penalty as

“deserved” punishment, make us as society any better than the offender? Luckily, most of us

won’t experience being the family member of a loved whose life has been taken by someone.

Even if, everyone is different, so who are we to decide what’s right in that case and what will

give them closure? After this assignment, my perspective is that the death penalty should no

longer be allowed.