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Death Penalty VS Life in Prison

Michael Dwyer

Department of Criminal Justice, Salt Lake Community College

CJ 1010

Professor Cupello

April 1, 2024
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Abstract

As far back as the 18th century to now, the death penalty has been an openly used and highly

supported tactic to punish criminals. As time goes on, support for the death penalty has slowly

dropped for a multitude of reasons. Those who support the death penalty see it as a way to deter

criminals from performing heinous acts, get reparations for the victims, and all at a cheaper price

for the taxpayers. Those who support life in prison see it as a way of avoiding killing in a

potentially cruel way, avoiding the death of those who are wrongfully convicted, and avoiding

any arbitrariness from state to state. The U.S. has always had the majority of voters support the

death penalty but as time goes on, support for the death penalty has decreased. This paper aims

to see why that is and to compare it to the long-held views the supporters of the death penalty

have.
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Introduction:

In terms of methods used to punish criminals, the death penalty holds first place for the

most severe. For thousands of years, the death penalty (also known as capital punishment) has

been used internationally as a way to punish criminals who have committed the most horrendous

crimes and to deter future criminals from following in their footsteps. There have been a plethora

of processes used internationally to carry out the death penalty, from being impaled at the stake

to the famous guillotine to, what is now the U.S.’s most commonly used method, lethal injection.

As you can guess, all are quite effective at getting the final result but with that comes a slew of

questions and controversies surrounding the process, opening the public’s eyes and inching the

majority vote [supporting the death penalty] to the minority vote. The answer to questions such

as 'Why should we support the death penalty?' and 'Why should we support life in prison?' as

well as considerations about the realistic future of punishing our worst criminals is forthcoming.

Supporting the Death Penalty:

Although the approval rating of the death penalty is at a historic low of 64% (Pew

Research Center, 2021), it still holds the majority vote and continues to be the form of

punishment for a handful of the most nefarious criminals. Though there’s much scrutiny

surrounding the death penalty, supporters are in favor of it for many reasons, ranging from

retribution to the view that taxpayers are wasting money on resources to keep an inmate in

prison.

The leading reason that supports the death penalty is justice and retribution. America has

religious roots that have grounded itself since the foundation of the country. Many pro-death

penalty advocates will use the biblical verse “an eye for an eye,” stating, that if an offense is
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taken, then rightfully, an equal offense may be given in return. If a family member is taken by the

hands of a murderer then it’s justified to pass that sentencing back to the one that committed the

offense.

Unfortunately, for the victims' families, the deed can not be undone. For many, the fear

that the murderer can get out, and exist (potentially around them) in a violent or non-violent

manner is still lumming. Ebert (2007) stated, “Approximately 25 to 30 percent of all death

penalty convictions are overturned on direct appeal.” The legal process is lengthy at times due to

the hearings and appeals and over one-fourth of death row criminals are sentenced to life in

prison. Every day the offender is still living is another day those affected live in anxiety.

Another fear is the thought of a constant legal battle that drags on; emotionally draining

those involved even more. “Execution will not stop the suffering caused by the murder itself, but

will only bring an end to the legal aftermath of that crime” (Gross, 2002). By using the death

penalty, families can have some reassurance that they can move on in life without fear. A life

without fear of bumping into the person at the supermarket that took your loved one’s life. A fear

that they may take someone else’s life. Now, they can no longer be a threat to the families or

anyone else. Families can close that chapter and finally start the healing process of closure.

An additional fear that those affected have is the potential of the news media spinning the

story or showing the defendant in a softer light. There are times when the news media can focus

on the misfortunes of a defendant. They can show some reasonability for why a defendant took

the action they did. A lot of times, details pertaining to the case aren’t able to be shared by the

justice system so coverage on the case can not be fully covered on both sides. It causes a

distraction and sympathy for the defendant and doesn’t always cover/focus on the true victim.
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The death penalty causes a safer world for not only society but also for those in prison.

“Ten in 100,000 state prisoners died from homicide in 2018, the highest homicide rate in state

prisons since 2001” (Carson, 2021). Although Carson’s argument doesn’t specifically point out

how many of those killings were done by convicted criminals, he does state inmates are twice as

likely to die from homicide compared to the standard U.S. citizen. When touching on the dangers

of murder defendants, we almost rarely bring up the dangers inmates face.

Supporting Life in Prison:

The view of life imprisonment is a view that is on track to become the majority belief.

Although it would be the first time in history that voters are in favor of life imprisonment, it isn’t

too hard to see why. From wrongful convictions to a change of thought, to the process, the death

penalty is carried out, all of which are changing the views on the death penalty and currently

slowing down the amount of names being put on death row.

One of the most scary reasons many are against the death penalty is due to the amount of

those wrongfully convicted. “Since 1973, 197 former death-row prisoners have been exonerated

of all charges related to the wrongful convictions that had put them on death row” (Innocent,

2023). That article shows, that of the 197 prisoners that were acquitted of all charges, 107 were

black. With America’s history of racial bias, it’s clear that many folks are targeted due to racism.

An intentional or unintentional ‘mistake’ can be the cause of murdering an innocent person, that

which can not be taken back. Carrying that concern on, the 197 former death-row inmates, were

the ‘lucky’ ones to have the mistake corrected before any lethal action was taken. For those who

weren’t so lucky, their names will never be exonerated and stories be corrected because most of

the time, the legal system focuses on those who are living more than those of the past.
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A change in thought has also swayed some to align with life imprisonment. For ages, the

thought that the death penalty causes deterrence for future criminals remained true until a couple

of decades ago. Radelet and Borg (2000) wrote a paper on the effects of deterrence and their

findings countered the past thought of its effectiveness. They said, “If one wishes to deter

another from leaning on a stove, medium heat works just as well as high heat.” They’re

essentially saying to a certain degree, any punishment will work just the same - life in prison

holds the same weight and same deterrence as the death penalty. They list three factors that cause

deterrence to be effective: certainty, celerity, and severity. With the death penalty on the factors

of certainty and severity, it doesn’t effectively deter future criminals, mostly due to the subjective

nature of who gets sentenced to death row from state to state. In 2023, Texas and Florida made

up 60% of executions in the U.S. (The Death Penalty in 2023, 2023). The celerity or swiftness

also doesn’t hold too much weight because of the lengthy times it takes to kill an inmate on death

row (court hearings, appeals, and the death row line).

One argument that is surprising to most is the fact that the death penalty on average cost

more than life in prison. To most, on paper, the death penalty executes the prisoner and the bills

that come with housing a criminal quickly and effectively. However, in all actuality, it costs the

taxpayers more money to execute prisoners due to trial costs, appeals, and all things required in

the death penalty process. Since 1978, California has spent 4 billion on the death penalty process

- Texas spends three times more on the death penalty than the amount to house someone in a

single cell at the highest security level for 40 years (The Death Penalty in 2023, 2023).

The last but strongest argument against the death penalty is the process of killing an

inmate. Since 1976, the firing squad, hanging, gas chambers, electric-chair, and lethal injections

were all methods of execution used (The death penalty in 2023, 2023). Currently, lethal injection
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is the main form of execution used by all states, however, it isn’t a perfect system. “Mr. Wilson,

an inmate in 2014 said, “I feel my whole body burning” as he thereafter passed away from lethal

injection” (Brazer, 2023). Brazer (2023) states that in 2022, seven out of the twenty executions

using lethal injection were botched due to a lack of training. Almost all prisons don’t require

medical experience when administering lethal injection. Because any prison employee is eligible

to administer the three shots, rates of missing the vein, mix-ups, and other devastating mistakes

are frequent. Since one of the three shots is paralytic, if the inmate starts to feel excruciating

pain, they’re rendered paralyzed and unable to move or vocalize their suffering.

Conclusion:

The last public execution in Philadelphia in 1837 drew an audience of approximately

20,000 people (Brazen, 2023). Everyone went to watch the execution spectacle as if it was an

episode of Judge Judy. However, once a wave of “death with dignity” started to roll in and

executions went behind closed doors, the approval ratings for the death penalty started to tick

down. With more and more evidence coming out that shows botched rates, lack of effectiveness

on society, and cost, it’s making those who support the death penalty rethink their values and

beliefs.
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References:

Brazer, D. S. (2023). Lethal Paralytics and the Censorship of Suffering. Columbia Journal of

Law & Social Problems, 57(1), 1–56.

Carson, A. C. (2021). Mortality in State and Federal Prisons, 2001-2018 – Statistical Tables.

Bureau of Justice Statistics. https://bjs.ojp.gov/content/pub/pdf/msfp0118st.pdf

Ebert, M. E. (2007). Weighing the costs of capital punishment v. life in prison without parole: An

evaluation of three states’ studies and methodologies comparing costs of the death

penalty versus life in prison without parole (LWOP).

C:/Users/User/Downloads/55-55-1-PB, 20(1).

Gross, S. R., & Matheson, D. J. (2002). What they say at the end: Capital victims' families and

the press. Cornell L. Rev., 88, 486.

Innocence. Death Penalty Information Center. (2023, September 8).

https://deathpenaltyinfo.org/policy-issues/innocence

Pew Research Center. (2021, June 2). Most Americans favor the death penalty despite concerns

about its administration.

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

y-despite-concerns-about-its-administration/

Radelet, M. L., & Borg, M. J. (2000). The Changing Nature of Death Penalty Debates. Annual

Review of Sociology, 26, 43–61. http://www.jstor.org/stable/223436

The death penalty in 2023: Year End Report. Death Penalty Information Center. (n.d.).

https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-dea

th-penalty-in-2023-year-end-report
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Eportfolio: https://michaeldwyereportfolio.weebly.com

Assignment Reflection:

One of my top assumptions that I had was the death penalty was the cheapest option.

After reading through my sources, I learned that was far from the truth. With multiple states

reporting the cost of the death penalty being multiple times higher than life in prison, I was left

shocked/surprised. I covered a lot of ground reading through a handful of articles ranging from

the cost to the ethical arguments behind it, however, I could do more research on race’s relations

to the death penalty and also read/learn more on the cost breakdown for both, the death penalty

and life in prison.

With my conclusion, I left it vague so my opinion on the matter didn’t show. I think for

the reader, they’ll be able to understand and form their own opinion but as the writer, I feel like I

left out my beliefs. I provided good facts that support both sides of the coin without persuading

one to pick one side over the other. With that said, I think I did a good job writing the conclusion

while maintaining a neutral position.

One way I gathered my topics was by asking different people their thoughts and concerns

surrounding both sides of the coin to find the common issues. The process I chose to gathering

topics was beneficial because I started to see an average concern on the death penalty for the

answers I was receiving.

There are two sides to the coin and I can see how one could land on either side of it. Case

by case, I could see how one could flip and flop from side to side. If I was personally affected, I

would realistically be on the side of the death penalty but in the grand scheme of things, I think
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life imprisonment is the way to go due mostly to humanitarian reasons (though the data show

much more evidence supporting abolishing the death penalty). Before and after writing this

paper, I was against the death penalty though now I feel as if my stance has been solidified and

my arguments hold more weight/evidence.