Karis Tebo

Capital Punishment: Justice is Served.

Green Group
 Is the death penalty justice, or a costly mistake? The controversial issue of the death

penalty may have many complicated factors that walk the line between right and wrong, but it is

a necessity. The government must enforce the death penalty as justice for the victim and loved

ones, the death penalty deters future crime and is retribution, and long jail sentences wastes

tax-payer money.

For many, the death of loved ones warrants years of grief and emotional turmoil.

According to Annals of the American Psychotherapy Association, six to ten family members are

"indirectly victimized" for every one homicide victim. Families often referred to as 'co-victims',

play a large role in how the death penalty plays out in court. The prosecutor may consult the

family on whether or not they want to proceed with the death penalty or a lesser sentence

(Victims' Families). This event information spotlights the question of whether the death penalty

is justice or revenge. Victim's family members often view the execution of killers as justice

(Kane, Gregory). The death of the criminal ensures closure and the finality of the ordeal for

co-victims.

Capital punishment follows the old saying "An eye for an eye". The purpose of the death

penalty is retribution. When someone steals, the legal system punishes justly. When someone

deals with drugs, the legal system punishes them justly. So why should we treat capital crimes

any differently? As Ernest van den Haag wrote for PBS: "The punishment he suffers is the

punishment he voluntarily risked suffering and, therefore, it is no more unjust to him than any

other event for which one knowingly volunteer to assume the risk. Thus, the death penalty

cannot be unjust to the guilty criminal"(van der Haag, Ernest). The American legal system

functions so that it rebuts crimes with an equal punishment, therefore restoring justice.
Restoration of justice invalidates any argument of capital punishment's inherent evil because just

punishment is an unrequited act of good. In the words of J. Budziszewski: "Society is justly

ordered when each person receives what is due to him."(Budziszewski, J).

Although some may confuse retribution with with revenge, retributivism has nothing to

do with feelings of vengeance or anger towards the criminal. According to polls administered by

the Huffington Post, 62% of Americans support the death penalty, as long as those sentenced

don't suffer (Swanson, Emily). It is widely agreed that murderers should deserve punishment, but

other options (excluding the death penalty) are not meaningful. Capital punishment becomes a

necessity when there is no other proper or equivalent punishment for murder. Other punishment

options devalue human life and the murder victim.

The death penalty also functions as a deterrent to possible future crimes. According to

data organized by the Death Penalty Information Center, in 1990 the murder rate in death penalty

and non-death penalty states only had a 4% difference, with non-death penalty states having a

slightly lower rate (Murder Rate of Death Penalty States Compared to Non-Death Penalty

States). Although they are about equal, states enforcing the death penalty would have even

higher murder rates if they were a non-death penalty state. Professor of Jurisprudence at

Fordham University Ernest van den Haag wrote for PBS: "Capital punishment is likely to deter

more than other punishments because people fear death more than anything else." (van der Haag,

Ernest).

Capital punishment is also a form of incapacitation because the death penalty prevents a

murderer from taking more victims (Deterrence (In Support of the Death Penalty)). Murderers
must die to prevent them from taking more victims. The death penalty ensures murderers will be

forever incapacitated. Incapacitation by a prison sentence, however, does not ensure this.

Convicted murderers in prison only put more people at risk like prison workers, guards, and

fellow inmates. The only way to keep mentally deranged murderers from taking more victims is

to either deter or ensure future murder from happening. Professor of Jurisprudence at Fordham

University Ernest van den Haag wrote for PBS: "Surely the death penalty is the only penalty that

could deter prisoners already serving a life sentence and tempted to kill a guard, or offenders

about to be arrested and facing a life sentence." (van der Haag, Ernest).

Life-long sentences often cost the government, and therefore, the people, tons of money.

Long jail sentences are a waste of taxpayer money. When a criminal is no longer cared for at the

state's expense, it cuts costs.

Those against the death penalty and capital punishment have two main arguments. The

first is that the death penalty is irreversible and sometimes people are wrongly convicted. The

death penalty combats this argument with a single quote, "Despite precautions, nearly all human

activities, such as trucking, lighting, or construction, cost the lives of some innocent bystanders.

We do not give up these activities, because the advantages, moral or material, outweigh the

unintended losses " (van der Haag, Ernest). In simpler terms, every action humans make has

unintended losses. According to the DPIC, "To minimize mistakes, every prisoner is entitled to a

series of appeals." (Murder Rate of Death Penalty States Compared to Non-Death Penalty

States). If the death penalty is a necessity for just reasons, even if human error is present, it

should be kept in play.

 The second argument of those against the death penalty is such: there is no humane way

to kill. Professor Ernest van den Haag poses the question, "Does not life imprisonment violate

human dignity more than execution, by keeping alive a prisoner deprived of all autonomy?" (van

der Haag, Ernest). Is a life-long sentence humane? Therefore, the death penalty is a better means

of treatment than a life-long incarceration. Many consider lethal injection a less painful method

of executing death row inmates.

To conclude, the death penalty is justice. The many complicated factors of the death

penalty all justify why it is a necessity. Enforce the death penalty as justice for the victim, to play

its effective role as a deterrent future, for retribution, and more effective use of hard-earned

taxpayer money.
 Works Cited

Gross, Bruce. “Life Sentence: Co-Victims of Homicide.” Go.gale.com, Gale Academy

Onefile, 2007,

go.gale.com/ps/anonymous?id=GALE|A169227156&sid=googleScholar&v=2.1&it=r&lin

kaccess=fulltext&issn=15354075&p=AONE&sw=w&authCount=1&isAnonymousEntry=

true.

Study on how homicides affect victim’s family members. Offers information on

how family members are impacted further by the court case. Discusses closure for victim’s

family members.

“Victims' Families.” Death Penalty Information Center, DPIC, 17 Apr. 2018,

deathpenaltyinfo.org/policy-issues/victims-families.

Gives information on victim's families. Describes their role in how a case

proceeds in court. Offers information on the differing sides victim’s families take on the

subject of the death penalty.

Kane, Gregory. “To Murder Victims' Families, Executing Killers Is Justice.”

Baltimoresun.com, Baltimore Sun, 30 May 2019,

www.baltimoresun.com/maryland/bal-md.kane05feb05-column.html​.
 Tells the story of a triple homicide and how the case proceeded in court.

Interviews family members of one of the victims. Gives their views on the death penalty,

closure, and grief.

Budziszewski, J. “Capital Punishment: The Case for Justice: J. Budziszewski.” First Things, 1

Aug. 2004, ​www.firstthings.com/article/2004/08/capital-punishment-the-case-for-justice​.

Discusses his views on why the death penalty is just. Quotes the bible and

preaches God’s name. Gives his thoughts on mercy. Discusses rehabilitation.

“Murder Rate of Death Penalty States Compared to Non-Death Penalty States.” Death Penalty

Information Center,

deathpenaltyinfo.org/facts-and-research/murder-rates/murder-rate-of-death-penalty-states-

compared-to-non-death-penalty-states.

Chart of data taken from the FBI’s Uniform Crime Reports comparing the murder

rate of death penalty and non-death penalty states.

“Deterrence (In Support of the Death Penalty).” Deathpenaltycurriculum.org,

deathpenaltycurriculum.org/student/c/about/arguments/argument1a.htm.

Discusses why the death penalty functions as a deterrent.

van der Haag, Ernest. “The Ultimate Punishment: A Defense.” PBS, Public Broadcasting

Service, ​www.pbs.org/wgbh/pages/frontline/angel/procon/haagarticle.html​.
 Ernest van der Haag’s view on the death penalty. Covers distribution,

miscarriages of justice, deterrence, costs, and justice.

Swanson, Emily. “Americans Favor The Death Penalty -- But Only If It's Done A Certain

Way.” HuffPost, HuffPost, 7 Dec. 2017,

www.huffpost.com/entry/death-penalty-poll_n_4661940​.

Explains statistics about how Americans feel about the death penalty.