Running head: THE DEATH PENALTY

The Death Penalty: A Controversial Topic

The University of Texas at El Paso
Isabella Tonch

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Abstract
The death penalty also known as capital punishment is a punishment that has been carried out for
many years in America. It is a controversial topic in todays age as many have questioned the
ethics or economic gains/losses behind it. It was once a common penalty for crimes and was not
exclusively used for severe crimes such as murder but also for lesser crimes such as burglary.
The death penalty in history was used unquestioningly, however many countries have found it
unethical and archaic, while others continue to use it as an effective means of serving justice.
Determining what would be the best course of action in a changing world for America appears to
be at the top of many minds. People claim the death penalty should be enforced, repealed, or stay
the same. This paper will answer some of the key questions behind determining ones opinion on
the matter. It will inform on why the death penalty is used today, what the pros and cons of
removing/keeping the death penalty are, how other countries handled removal/continued use of
the death penalty, is it better, economically, to get rid of the death penalty or push for more use
of it. In finding the history of the death penalty and its down and upsides, this paper will inform
the reader on the current death penalty situation.
Keywords: death penalty, justice, change, history

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There has always been death as long as humans can remember. The question that many
ask today is, should the death penalty continue to be used as a punishment for crimes, and some
wonder what might happen if it is abolished as some countries have done. The facts and statistics
might sway one way while what some people feel might sway it the other. There is much
controversy over the death penalty and how the US should handle it, if it should handle it at all.
Problems have arisen on both ends of the spectrum across the globe which has left the answer up
to speculation. There are many cases that could argue for both sides of this argument. In looking
at these cases, and the facts surrounding capital punishment, one reading this paper will be able
to deduce their own opinion of the death penalty and what course of action the US should take.
The Death Penalty, What it is
When one hears The death penalty, they often picture gallows, surrounded by an
audience, the day after the criminal is sentenced. When, in fact, a death sentence takes
approximately 15 years to be carried out after the trial is concluded (Banner, 2002). There are
also no gallows involved, but rather usually an anesthetic injection, another injection to paralyze
the respiratory muscles, and a third to stop the heart (Kudlac, 2007). The death penalty has been
a common practice throughout history in multiple countries, and it being such a definite means of
punishment is why it was used unquestioningly - until now. There has been a surge in the amount
of people opposing the death penalty at a 40-year high of 37%, this percentage is likely to rise
(Rust-Tierney, 2014). However, despite the opposition there are still many who find the death
penalty to be a viable way of punishment. In an interview in 2011 Texas Governor Rick Perry
was asked a question concerning the fact that Texas had executed 234 death row inmates, he
replied, in the state of Texas, if you come into our state and kill one of our children, you kill a
police officer you will face the ultimate justiceyou will be executed. (McLaughlin, 2014.)

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The battle over the death penalty continues, requiring that action be taken, with strong arguments
on both sides, there is no sign of the conflict ending soon.
General Upsides/Downsides to the Death Penalty in its Current State
The arguments on both sides range from something as simple as money and facts to the
complexity of emotions. A downside to the death penalty is that the death penalty does not deter
homicide. No credible study has ever found a deterrent effect, (Potter, 1997). Many argue that
criminals dont want to die, so the threat of death will keep one from committing the crime. On
the contrary, studies have shown no correlation. More cons include the facts showing that the
death penalty is many times more expensive than a life sentence, that it takes a long time for
executions to be carried out, and as in the case of Anthony Davis, an execution this year,
sometimes innocents are put to death (Rust-Tierney, 2014). On the upside, the death penalty is
seen as a sort of closure to victims families in many cases, and they often wish it could happen
sooner. In the case of Alan Bannister, many rallied opposing his sentence to death, but in the end
he was executed (Banner, 2002). The victims family said, They tried to portray Alan Bannister
as the victimwe think it [the execution] should have been a lot sooner than this, (Banner,
2002). More points supporting the death penalty include; that it gives prosecutors another
bargaining chip in the plea bargaining chip process, it helps to solve the problem of
overpopulation in the prison system, and the fact that prisoner parole escapes can give criminals
another chance to kill (Messerli, 2014.) Pros and cons are the facts cut dry and simple, there is
always more to an issue, but pros/cons provide a general idea of the topic for people. There are
also many more points for and against the death penalty, not shown here, the ones listed tend to
be some of the most brought up ones.

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How Other Countries Have Handled the Death Penalty
The death penalty has not exclusively been a topic full of controversy in The United
States but also a debatable topic in other countries. The justice system goes through many forms
and changes correspondingly as the country and times change. Germany abolished the death
penalty completely in 1987 (Feeney, 1998). The number of serious crimes reported to the police
per 100,000 persons is much higher in the United States than in Germany. Five murdersare
reported in the United States per 100,000 population for every one in Germany (Feeney, 1998).
Germany has a declining crime rate since it abolished the death penalty. Many countries have not
abolished the death penalty as well as the many that have. China has been using the death penalty
since the beginning of its creation. Its murder rate differentiates from the United States as
Germanys does. Statistics show that Chinas homicide rate per year per 100,000 inhabitants is
1.2, also compared to The United States 5 per 100,000 inhabitants (Messerli, 2014). The United
States currently has a crime rate of 50.16% falling somewhere in the middle of all the ranked
countries. (Messerli, 2014). Countries that have kept or abolished the death penalty can be
successful in maintaining a low crime rate, this does not necessarily make a clear course of
action for The United States to take. However, in comparison Germany is a significantly smaller
country in population to The United States as China may be denser in population. Speculation
suggests that the deciding factor in changing/keeping the death penalty can be more than mere
statistics.
All about the Money
The death penalty cases are more expensive as opposed to cases that do not seek the
death penalty. A study in Maryland (displayed in the graph) demonstrates this knowledge. A
case that seeks the death penalty comes to a total cost of $3,017,000 whereas a case that does not

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seek the death penalty comes out to a total of $1,103,000 (The Urban Institute, 1978-1999).
These costs are an accumulation of court costs, such as the costs of attorneys and costs all pay to
be present at a trial, to put it simply, it is the cost that everyone pays, the taxpayers. Financially
speaking it is monetarily more beneficial, according to the graph, for a death sentence to be
unsuccessful at a total cost of $1,793,000 than to be successfully carried out (The Urban
Institute, 1978-1999). Money has a big part to play in the death penalty, but one must remember
it is not always all about the money.
Capital punishment is reserved for capital crimes in The United States, but despite this
not all are satisfied. It is a controversial topic that cannot be easily decided nor has a clear
answer. Statistics and emotions can pull people of The United States of America in both
directions, and trial and error could be the only answer. On one hand, the death penalty, if
overturned would take a great deal of time. On the other hand, if things are to stay as they are
then it will be a costly court system. There is a lot of work going down either road of reforming
the death penalty or leaving it as it is. The question is, what The United States will do.

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References
Banner, S., (2002). The death penalty: An American history. Cambridge, Massachusetts: Harvard
University Press.
Feeney, F., (1998). German and American prosecutions: An approach to statistical comparison.
Davis, California: School of Law, University of California. Retrieved from
http://www.bjs.gov.
Kudlac, C., (2007). Public executions: The death penalty and the media. Westport, Connecticut:
Praeger.
McLaughlin, J., (2014). The price of justice: Interest-Convergence, cost, and the anti-death
penalty movement. Northwestern University Law Review, 108, 675-710.
Messerli, J. (2014). Should the death penalty be banned as a form of punishment?. Retrieved
from http://www.balancedpolitics.org/death_penalty.htm.
Potter, G., (1997, November). Crime control and the death penalty. The Advocate, 19, 44-57.
Retrieved from http://www.e-archives.ky.gov/pubs/Public_Adv/nov97/contents.html.
Rust-Tierney, D., (2014). Is it time to abolish the death penalty?. U.S. News Digital Weekly, 6,
16-16.
The Urban Institute. (1978-1999). The cost of the death penalty in Maryland. Retrieved from
deathpenaltyfact.wordpress.com