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The Death Penalty

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The Death Penalty

Introduction

The issue of the death penalty has been of concern over time. It is also referred to as

capital punishment which involves a state-sanctioned practice of punishing a person for a crime

by killing utilizing a rule-governed process that warrants the punishment. Supporting or

opposing the death penalty when punishing wrongdoers has been accompanied by different

reasons. Understanding the death penalty can influence decision-making tailored toward

effective punishment for different crimes. I conducted a survey to get insights into people’s

differing views regarding the death penalty punishment utilizing different crimes. The survey

results show the complexity of the situation surrounding the death penalty with some people

openly opposing it while others supported the punishment. Besides, the participants with diverse

age groups were aware of the controversies surrounding the issue and provided unbiased

responses and suitable information from their diverse opinions on how they felt about the death

penalty.

The survey results indicate that a greater percentage strongly supported capital

punishment claiming that it is a just punishment that accords justice to victims as demonstrated

in Figure 1. However, the survey indicated that eighty-five percent of the respondents did not

advocate for the punishment to be delivered to juveniles contributing to the differing opinion on

the group that should be given capital punishment. Nonetheless, the survey participants

suggested other reforms that can aid in the implementation of capital punishment. For instance,

some respondents indicated that there was room for improvement and ensuring individuals were

guilty before extending the death sentence. On the other hand, other respondents indicated that
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there was a need to develop more humane sentencing while others considered sex crimes against

children to qualify for capital punishment.

Review of the Literature

Capital punishment has gained significant attention in the criminal justice system over the

years. Most nations have banned the death sentence while America and China authorize it for

some serious offences. Moreover, the literature regarding the abolition of the death sentence

poses a complexity of the topic. This literature study examines five recent peer-reviewed journal

publications and reference materials on death sentence abolitionism from varied perspectives.

The sources include historical assessments, comparative studies, legal, ethical, public opinion,

and prospective repercussions arguments. Despite pragmatic and philosophical reasons on both

sides, the rising academic consensus supports abolition based on human rights frameworks,

falling popular support, and the absence of deterrence.

Historical Evolution of the Death Penalty Debate

Reichel (2022) points out that in 1754 BC the first death penalty statute was the Code of

Hammurabi in Babylon. There have been several reasons aimed at justifying the execution of

offenders over time since the first death penalty statute was coined into law. Some of the

examples of the reasons justifying the death penalty include deterrence of crime, punishment,

and religious doctrines (Jouet, 2023). While medieval European executions were brutal public

spectacles, Enlightenment intellectuals like Montesquieu and Voltaire condemned the death

sentence as barbaric and troublesome.

In 1764, Cesare Beccaria published ‘On Crimes and Punishments’ which launched

contemporary humanistic abolitionism. European and American reformers converged early on

because Benjamin Rush, John Adams, and Thomas Jefferson rejected the death punishment
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(Kyambalesa, 2019). In the late 18th and 19th centuries, certain U.S. states limited the death

sentence, while Latin American ones abolished it. Incremental American abolitionism focused

on discretionary punishment and due process. Though death punishment was popular, there were

fewer than 10 executions between 1930 and 1970. After World War 2, key human rights accords

more often characterized the death sentence as a violation of rights. The right to life was

affirmed in the 1948 Universal Declaration Article 3. Regional and UN treaties promoted limits

and abolition, setting global norms (Schabas, 2019). A contemporary abolitionist movement in

the West emerged in the 1950s under individuals and NGOs like Amnesty International,

exposing the execution of innocents and death sentence injustice. By the early 21st century, 70%

of countries had abolished death punishment, mostly in Asia, the Middle East, and the U.S.,

despite opposition.

Contemporary Views on the Death Penalty

A handful of nations have laws against death penalty while China, Iran, and Saudi

Arabia, execute the most people and America remains the only Western democracy that extends

capital punishment in the 21st century (Reichel, 2022). The author also points out to modern

advancements being studied in relation to the factual and normative aspects of death punishment

with the death penalty support in America dropping from 80% in 1994 to 55% in 2021 (Reichel,

2022). Critics say false convictions, racial prejudice against black defendants, socio-economic

bias, expensive fees, and lack of deterrence prove the system is broken (Jouet, 2023). Life

without parole is a practical alternative to incapacitation. Opponents believe death punishment is

a necessary reaction to horrible atrocities, while defenders say US practice is so arbitrary and

defective that justice is unachievable. The only liberal democracy actually executing and anti-
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death penalty interpretations of the 8th Amendment limitation on “cruel and unusual

punishment” support judicial abolition.

In retentionist countries such as Singapore and Japan, public support for death penalty

has dropped making the human dignity-based abolition a global trend. Schabas (2019) points out

that the European Union Charter of Fundamental Rights and accompanying treaties outlaw the

death sentence, a major human rights concern (Schabas, 2019). The world community considers

death punishment a violation of the sanctity of life, due process, torture, and harsh treatment.

Many UN officials and human rights organizations like the OHCHR advocate for universal

abolition.

Consequences of the Death Penalty Debate

The issue of capital punishment poses a threat to society, politics, and ethics. Supporters

say killing the worst offenders deters major violent crimes, provides justice to victims and their

families, reduces recidivism, and maintains moral order (Reichel, 2022). Statistics don't prove

that death penalty laws prevent crime more than life imprisonment. No evidence suggests

executions help victims' families. In contrast, lengthy death sentence appeals and unclear

execution dates traumatize families (Albert et al., 2021). Abolitionists emphasize the irreparable

injustice of erroneous killings. US death row inmates have been exonerated for real innocence

190 times since 1973 (Albert et al., 2021). Killing even a small number of innocent individuals

discredits the legal system. Race prejudice in death sentence sentencing, particularly against

black defendants, is well established.

Capital punishment contributes to criminal justice inequalities for vulnerable

communities (Jouet, 2023). Politics may demonstrate devotion to human dignity and universal

human rights by opposing death punishment (Schabas, 2019). Retentionism frequently

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exacerbates international confrontations between Western liberal democracies that have

abolished the death penalty and authoritarian governments like China, Iran, and Saudi Arabia

that execute people.

Potential Solutions and Future Directions

Several reforms and policy improvements have arisen from the death penalty debate.

Jouet (2023) suggests replacing obligatory death sentences with jury discretion in nations like the

US that still utilize the capital penalty. This would enable case-by-case mitigation evaluation.

The death sentence might also be confined to the worst murders (Kyambalesa, 2019). Before

imposing a death sentence, DNA evidence might be necessary to prove guilt. Increasing access

to legal counsel for prisoners facing execution, especially at the appeal level, might prevent

errors. Also mentioned are ways to identify erroneous convictions owing to defective evidence or

procedural flaws. At all stages of the criminal justice process, racial, socioeconomic, and other

discrimination against disadvantaged groups in death punishment must be eliminated.

A worldwide halt on executions would enable time to review and improve death penalty

legislation and protocols. Some propose that death penalties be preserved but automatically

commuted to life without parole, like "de facto abolitionist" countries (Schabas, 2019). This

would cease executions but preserve death penalty laws. Schabas (2019) argues that most

European countries and international legal experts believe that only comprehensive legislative

repeal and ban of the death penalty can fulfill human rights standards connected to life and

dignity. According to absolutist morality, the death sentence is brutal and humiliating and cannot

be changed (Schabas, 2019). Simply said, death punishment must be banned nationally. Canada,

South Africa, and Britain have made death sentences grounds for court reversal, making them
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unlawful. Protocol 13 of the European Convention on Human Rights prohibits member states

from reinstating executions if abolished or requires new members to abolish them.

Globally, strengthening and extending human rights treaty restrictions might enhance

abolitionist norms. UN monitoring mechanisms like the Human Rights Committee must strongly

pursue general remarks, observations, and recommendations against death punishment (Albert et

al., 2021). These international organizations, together with the UN High Commissioner for

Human Rights and Secretary General, should pressure retentionist regimes to implement

execution moratoriums as a step toward permanent abolition (Schabas, 2019). Given the urgency

indicated by UN authorities and several member states, the UN Sustainable Development Goals

(SDGs) should expressly include the global eradication and ban of death punishment (Albert et

al., 2021). Albert et al. (2021) urge grassroots death penalty abolition or reform in the US. Also

noted are state-level moratoriums or legislative abolition campaigns. Public education on death

punishment's lack of deterrence and systematic inequality may further hinder support (Albert et

al., 2021). Conservative anti-death penalty organizations that oppose abortion and executions

may be convincing. President Joe Biden supports commuting all federal death sentences to life.

Congress is considering ending federal capital punishment (Albert et al., 2021). Such national

advances may encourage additional states to abolish.

Cultural changes in punishment and justice are required to abolish death punishment in

democracies like the U.S. (Reichel, 2022). For instance, "an eye for an eye" vengeance must be

replaced with ideals of human fallibility and redemption. The Christian plea for pity and

forgiveness rests on this. Philosophically shifting from punitive to reform and rehabilitation-

focused criminal justice is crucial. Policing and sentencing changes must include holistic

answers to socio-economic issues that disproportionately drive disadvantaged populations to

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crime. The death penalty may be eliminated by improving the social safety net, mental health

services, addiction treatment, and structural anti-poverty initiatives.

Research

From the survey research results, a great number of responses indicated that they strongly

support the death penalty, especially for sexual offenses against children. Further, there was a

differing opinion regarding the offenders that should receive the death penalty sentence. A

significant number of the respondents indicated that capital punishment should not be extended

to juvenile offenders. Moreover, there are a number of individuals who consider the death

penalty as being inhumane and consider reforms to implement more humane sentencing. While

those strongly supporting the punishment argue that it is a just punishment tailored towards

extending justice to the offended, there is a likelihood of sentencing an individual wrong pausing

a challenge on the aspect of supporting it. Further, recent studies indicate that several nations

have banned death sentencing especially those that practice democracy. America remains the

only democracy that executes offenders. In this regard, the research survey can be considered as

being relevant because the participants were from America. Nevertheless, the argument

supporting the death penalty tend to align with the reasons that brought about the death sentence

in ancient time which include crime deterrence, punishment, and religious doctrines.

Conclusion

In a nutshell, the criminal justice system reforms require critical scrutiny to develop more

humane sentencing that accords justice to the victims while at the same time punishing the

offenders. In-depth investigation should be prioritized to eradicate wrongful sentencing. Besides,

the ethical human rights concerns should be factored into the criminal justice system to ensure

there is more humane sentencing and eradicating capital sentencing. Based on recent studies on
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the death penalty, there is a need to follow the human dignity-based abolition a global trend to

promote more just punishment for offenders. Abolition is essential for moral leadership.

Reversing death sentence traditions domestically may spur progressive changes in racial justice,

human rights, and criminal punishment.

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References

Albert, A., Bain, T., Brico, E., Dinkins, B. M., Houston, K., McMillan, J., & Quarles, V. (2021).

Ending the family death penalty and building a world we deserve.

Jouet, M. (2023). Death penalty abolitionism from the enlightenment to modernity. The

American Journal of Comparative Law, 71(1), 46-97.

Kyambalesa, H. (2019). The Death Penalty: Arguments For and Against. SSRN 3474715.

Reichel, P. L. (2022). Death Penalty and Capital Punishment in Comparative Perspective. In

Oxford Research Encyclopedia of Criminology and Criminal Justice.

Schabas, W. A. (2019). International law and the abolition of the death penalty. In Comparative

capital punishment (pp. 217-231). Edward Elgar Publishing.

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Appendix

Figure 1: Respondents' View on the Death Penalty

1. What is your age?

a) 18-26: 8%

b) 27-42: 38%

c) 43-58: 15%

d) 59-68 : 0%

e) 69-77+ : 8%

2. What state do you live in?

(Open response)

Indiana: 53%

Kentucky: 47%

3. What is your view on the use of the death penalty?

a. Strongly Support: 46%

b. Somewhat Support: 38%

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c. Somewhat Oppose: 8%

d. Strongly Oppose: 8%

4. On a scale of 1-10, how strongly do you feel about your position on the death penalty?

0-4: 0%

5: 23%

6: 8%

7: 15%

8: 15%

9: 15%

10: 23%

5. Which argument in favor of the death penalty do you find most compelling?

a) Deters Crime: 15%

b) Bring Justice to Victims: 31%

c) Morally Just Punishment: 54%

d) Cheaper than Life Prison: 0%

6. Which concern about the death penalty do you find most compelling?

a. Risk of Wrongful Execution: 77%

b. Arbitrary Application: 8%

c. No Deterrent Effect: 8%

d. Cost: 8%

7. Do you think the death penalty should be permitted for juvenile offenders under 18?

a. Yes: 15%

b. No: 85%
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8. Do you think the death penalty should be permitted for those with intellectual

disabilities?

a. Yes: 38%

b. No: 68%

9. Do you think the death penalty is applied fairly without racial bias?

a. Yes: 77%

b. No: 23%

10. Has your view on the death penalty changed over time? If so, how?

a. Yes: 15%

b. No: 85%

11. If yes to question 10, please briefly explain.

(Open response)

Responses:

Use to be in support, did studies in college, and learned facts that led to change

Views change with age

12. In your view, what reforms are needed to improve the application of the death penalty, if

any at all?

(Open response)

Responses: Not all survey takers answered Q12

There is always room for improvement

Making sure that they are guilty

More precision in capital punishment cases. If there is any risk at all, it’s not worth carrying

through with the punishment

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Most Humane Punishment

Sex crimes against children should get the death penalty

N/A

N/A

13. What factors most influence your perspective on the death penalty debate?

a. Political Views/Beliefs: 23%

b. Religion: 0%

c. Media: 0%

d. Experience with the Criminal Justice System: 23%

e. Upbringing: 54%

14. Do you think the death penalty should be abolished nationwide?

a. Yes: 0%

b. No: 100%

15. Are there any circumstances where you think the use of the death penalty is acceptable?

a. Yes: 100%

b. No: 0%

16. Do you think it is possible for evidence or arguments to change your mind on the death

penalty?

a. Yes: 62%

b. No: 38%