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Death Penalty Debate

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Introduction

The death penalty, also known as capital punishment, is a form of punishment where a person is

sentenced to death for a crime they have committed. This penalty has been used in many

societies throughout history and is still used in several countries today, including the United

States. However, the use of the death penalty has been the subject of much debate and

controversy. In this paper, we will explore the history of the death penalty in the United States,

examine the Supreme Court case of Furman v. Georgia, and analyze the current US policy for

the death penalty. We will also explore both sides of the debate on the death penalty and

ultimately conclude with our position on the issue.

History of the Death Penalty in the United States

The death penalty has a long history in the United States, dating back to colonial times. The first

recorded execution in the colonies was Captain George Kendall in Virginia in 1608, who was put

to death for spying for the Spanish. Over time, the death penalty became more widespread. By

the time of the American Revolution, all 13 colonies had the death penalty on their books for

various crimes, including murder, rape, and treason.

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In the early 20th century, opposition to the death penalty began to grow, with many arguing that

it was a cruel and inhumane form of punishment. Several states began abolishing the death

penalty, and by the 1960s, only a few still used it.

Supreme Court Case: Furman v. Georgia

In 1972, the Supreme Court case of Furman v. Georgia changed the landscape of the death

penalty in the United States. In a 5-4 decision, the Court struck down the death penalty as it was

being applied at the time, ruling that it violated the Eighth Amendment's prohibition against cruel

and unusual punishment.

The Court's decision in Furman was based on several factors. First, the Court found that the

death penalty was being applied discriminatory, with African Americans and other minorities

more likely to receive the death penalty than white defendants. Second, the Court found that the

death penalty was being applied arbitrarily, with juries in different cases reaching vastly different

decisions on whether to impose the death penalty. Finally, the Court found that the death penalty

was not serving its intended purpose of deterrence, as there was no evidence that it had any

greater deterrent effect than other forms of punishment.

The decision in Furman did not abolish the death penalty altogether but instead put a moratorium

on its use until new guidelines could be developed to address the Court's concerns. In response,
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many states passed new laws that attempted to address the issues raised in Furman. These laws

required juries to consider aggravating and mitigating factors before deciding whether to impose

the death penalty, limited the crimes for which the death penalty could be charged, and provided

automatic appeals in death penalty cases.

Current US Policy for the Death Penalty

Today, the use of the death penalty in the United States is governed by state law. Currently, 27

states have the death penalty on their books, while 23 states and the District of Columbia have

abolished it. In states where the death penalty is still used, it is generally reserved for the most

serious crimes, such as murder, treason, and espionage.

However, the use of the death penalty has become increasingly rare in recent years. In 2020, for

example, there were only 17 executions in the United States, the lowest number since 1991. This

decline is due in part to legal challenges to the death penalty, which have resulted in many death

row inmates having their sentences commuted to life imprisonment.

Arguments for the Death Penalty

Those who support the death penalty argue that it is necessary for several reasons:
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Deterrence: Supporters of the death penalty say it serves as a deterrent to crime. They believe

that the fear of death will prevent individuals from committing serious crimes.

Retribution: Supporters also argue that the death penalty is just a punishment for certain crimes.

They believe that the severity of the punishment fits the severity of the crime and that it is

necessary to ensure justice is served.

Closure for Victims' Families: Another argument favoring the death penalty is that it provides

closure for victims' families. Knowing that the perpetrator has been executed can bring a sense of

closure and justice to those who have suffered a great loss.

Cost Savings: Supporters of the death penalty also argue it is less expensive than keeping

someone in prison for life. They believe that the cost savings of executing a prisoner can be used

to fund other criminal justice programs.

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Arguments Against the Death Penalty

Opponents of the death penalty argue that it is a flawed and unjust form of punishment. Some of

the arguments against the death penalty include the following:

Discrimination: Opponents of the death penalty argue that it is discriminatory, with African

Americans and other minorities more likely to be sentenced to death than white defendants. This

creates a system of racial bias that undermines the justice system's fairness.

Mistakes: Another argument against the death penalty is that it is irreversible and can lead to the

execution of innocent people. There have been several cases of individuals being exonerated

after being sentenced to death, which highlights the possibility of error in the justice system.

Inhumane: Opponents argue that the death penalty is a cruel and brutal. The process of execution

can be lengthy and painful, which is a violation of human rights.

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Does Not Deter Crime: Opponents of the death penalty also argue that it is not an effective

deterrent to crime. Studies have shown that the death penalty does not have a greater deterrent

effect than other forms of punishment.

Conclusion

In conclusion, the death penalty has a long and controversial history in the United States. The

Supreme Court case of Furman v. Georgia in 1972 highlighted the concerns of discriminatory

and arbitrary application of the death penalty, leading to a moratorium and new guidelines for its

use. Today, the death penalty is governed by state law, and its use has become increasingly rare.

The debate on the death penalty remains contentious, with arguments for and against its use.

Supporters argue that it is necessary for deterrence and justice for heinous crimes, while

opponents say that it is cruel, inhumane, and violates human rights.

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Whether for or against the death penalty is a personal decision that depends on one's values,

beliefs, and understanding of the legal system. However, it is important to continue to have open

and honest discussions about the death penalty and its use to ensure that the criminal justice

system is fair, just, and effective for all.

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References

Van den Haag, E., & Conrad, J. P. (2013). The death penalty: A debate. Springer Science & Business

Media.

Donohue, J. J., & Wolfers, J. (2006). Uses and abuses of empirical evidence in the death penalty debate.

Radelet, M. L., & Borg, M. J. (2000). The changing nature of death penalty debates. Annual Review of

Sociology, 26(1), 43-61.