Human Rights Careers

5 Death Penalty Essays Everyone Should Know

Capital punishment is an ancient practice. It’s one that human rights defenders strongly oppose and consider as inhumane and cruel. In 2019, Amnesty International reported the lowest number of executions in about a decade. Most executions occurred in China, Iran, Saudi Arabia, Iraq, and Egypt . The United States is the only developed western country still using capital punishment. What does this say about the US? Here are five essays about the death penalty everyone should read:

“When We Kill”

By: Nicholas Kristof | From: The New York Times 2019

In this excellent essay, Pulitizer-winner Nicholas Kristof explains how he first became interested in the death penalty. He failed to write about a man on death row in Texas. The man, Cameron Todd Willingham, was executed in 2004. Later evidence showed that the crime he supposedly committed – lighting his house on fire and killing his three kids – was more likely an accident. In “When We Kill,” Kristof puts preconceived notions about the death penalty under the microscope. These include opinions such as only guilty people are executed, that those guilty people “deserve” to die, and the death penalty deters crime and saves money. Based on his investigations, Kristof concludes that they are all wrong.

Nicholas Kristof has been a Times columnist since 2001. He’s the winner of two Pulitizer Prices for his coverage of China and the Darfur genocide.

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

Willie Jasper Darden, Jr. was on death row for 14 years. In his essay, he opens with the line, “Ironically, there is probably more hope on death row than would be found in most other places.” He states that everyone is capable of murder, questioning if people who support capital punishment are just as guilty as the people they execute. Darden goes on to say that if every murderer was executed, there would be 20,000 killed per day. Instead, a person is put on death row for something like flawed wording in an appeal. Darden feels like he was picked at random, like someone who gets a terminal illness. This essay is important to read as it gives readers a deeper, more personal insight into death row.

Willie Jasper Darden, Jr. was sentenced to death in 1974 for murder. During his time on death row, he advocated for his innocence and pointed out problems with his trial, such as the jury pool that excluded black people. Despite worldwide support for Darden from public figures like the Pope, Darden was executed in 1988.

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

This piece is a transcript of Bryan Stevenson’s 2012 TED talk, but we feel it’s important to include because of Stevenson’s contributions to criminal justice. In the talk, Stevenson discusses the death penalty at several points. He points out that for years, we’ve been taught to ask the question, “Do people deserve to die for their crimes?” Stevenson brings up another question we should ask: “Do we deserve to kill?” He also describes the American death penalty system as defined by “error.” Somehow, society has been able to disconnect itself from this problem even as minorities are disproportionately executed in a country with a history of slavery.

Bryan Stevenson is a lawyer, founder of the Equal Justice Initiative, and author. He’s argued in courts, including the Supreme Court, on behalf of the poor, minorities, and children. A film based on his book Just Mercy was released in 2019 starring Michael B. Jordan and Jamie Foxx.

“I Know What It’s Like To Carry Out Executions”

By: S. Frank Thompson | From: The Atlantic 2019

In the death penalty debate, we often hear from the family of the victims and sometimes from those on death row. What about those responsible for facilitating an execution? In this opinion piece, a former superintendent from the Oregon State Penitentiary outlines his background. He carried out the only two executions in Oregon in the past 55 years, describing it as having a “profound and traumatic effect” on him. In his decades working as a correctional officer, he concluded that the death penalty is not working . The United States should not enact federal capital punishment.

Frank Thompson served as the superintendent of OSP from 1994-1998. Before that, he served in the military and law enforcement. When he first started at OSP, he supported the death penalty. He changed his mind when he observed the protocols firsthand and then had to conduct an execution.

“There Is No Such Thing As Closure on Death Row”

By: Paul Brown | From: The Marshall Project 2019

This essay is from Paul Brown, a death row inmate in Raleigh, North Carolina. He recalls the moment of his sentencing in a cold courtroom in August. The prosecutor used the term “closure” when justifying a death sentence. Who is this closure for? Brown theorizes that the prosecutors are getting closure as they end another case, but even then, the cases are just a way to further their careers. Is it for victims’ families? Brown is doubtful, as the death sentence is pursued even when the families don’t support it. There is no closure for Brown or his family as they wait for his execution. Vivid and deeply-personal, this essay is a must-read for anyone who wonders what it’s like inside the mind of a death row inmate.

Paul Brown has been on death row since 2000 for a double murder. He is a contributing writer to Prison Writers and shares essays on topics such as his childhood, his life as a prisoner, and more.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

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Essays About the Death Penalty: Top 5 Examples and Prompts

The death penalty is a major point of contention all around the world. Read our guide so you can write well-informed essays about the death penalty. 

Out of all the issues at the forefront of public discourse today, few are as hotly debated as the death penalty. As its name suggests, the death penalty involves the execution of a criminal as punishment for their transgressions. The death penalty has always been, and continues to be, an emotionally and politically charged essay topic.

Arguments about the death penalty are more motivated by feelings and emotions; many proponents are people seeking punishment for the killers of their loved ones, while many opponents are mourning the loss of loved ones executed through the death penalty. There may also be a religious aspect to support and oppose the policy. 

1. The Issues of Death Penalties and Social Justice in The United States (Author Unknown)

2. serving justice with death penalty by rogelio elliott, 3. can you be christian and support the death penalty by matthew schmalz, 4.  death penalty: persuasive essay by jerome glover, 5. the death penalty by kamala harris, top 5 writing prompts on essays about the death penalty, 1. death penalty: do you support or oppose it, 2. how has the death penalty changed throughout history, 3. the status of capital punishment in your country, 4. death penalty and poverty, 5. does the death penalty serve as a deterrent for serious crimes, 6. what are the pros and cons of the death penalty vs. life imprisonment , 7. how is the death penalty different in japan vs. the usa, 8. why do some states use the death penalty and not others, 9. what are the most common punishments selected by prisoners for execution, 10. should the public be allowed to view an execution, 11. discuss the challenges faced by the judicial system in obtaining lethal injection doses, 12. should the death penalty be used for juveniles, 13. does the death penalty have a racial bias to it.

“Executing another person only creates a cycle of vengeance and death where if all of the rationalities and political structures are dropped, the facts presented at the end of the day is that a man is killed because he killed another man, so when does it end? Human life is to be respected and appreciated, not thrown away as if it holds no meaningful value.”

This essay discusses several reasons to oppose the death penalty in the United States. First, the author cites the Constitution and the Bill of Rights, saying that the death penalty is inhumane and deprives people of life. Human life should be respected, and death should not be responded to with another death. In addition, the author cites evidence showing that the death penalty does not deter crime nor gives closure to victims’ families. 

Check out these essays about police brutality .

“Capital punishment follows the constitution and does not break any of the amendments. Specific people deserve to be punished in this way for the crime they commit. It might immoral to people but that is not the point of the death penalty. The death penalty is not “killing for fun”. The death penalty serves justice. When justice is served, it prevents other people from becoming the next serial killer. It’s simple, the death penalty strikes fear.”

Elliott supports the death penalty, writing that it gives criminals what they deserve. After all, those who commit “small” offenses will not be executed anyway. In addition, it reinforces the idea that justice comes to wrongdoers. Finally, he states that the death penalty is constitutional and is supported by many Americans.

“The letter states that this development of Catholic doctrine is consistent with the thought of the two previous popes: St. Pope John Paul II and Benedict XVI. St. John Paul II maintained that capital punishment should be reserved only for “absolute necessity.” Benedict XVI also supported efforts to eliminate the death penalty. Most important, however, is that Pope Francis is emphasizing an ethic of forgiveness. The Pope has argued that social justice applies to all citizens. He also believes that those who harm society should make amends through acts that affirm life, not death.”

Schmalz discusses the Catholic position on the death penalty. Many early Catholic leaders believed that the death penalty was justified; however, Pope Francis writes that “modern methods of imprisonment effectively protect society from criminals,” and executions are unnecessary. Therefore, the Catholic Church today opposes the death penalty and strives to protect life.

“There are many methods of execution, like electrocution, gas chamber, hanging, firing squad and lethal injection. For me, I just watched once on TV, but it’s enough to bring me nightmares. We only live once and we will lose anything we once had without life. Life is precious and can’t just be taken away that easily. In my opinion, I think Canada shouldn’t adopt the death penalty as its most severe form of criminal punishment.”

Glover’s essay acknowledges reasons why people might support the death penalty; however, he believes that these are not enough for him to support it. He believes capital punishment is inhumane and should not be implemented in Canada. It deprives people of a second chance and does not teach wrongdoers much of a lesson. In addition, it is inhumane and deprives people of their right to life. 

“Let’s be clear: as a former prosecutor, I absolutely and strongly believe there should be serious and swift consequences when one person kills another. I am unequivocal in that belief. We can — and we should — always pursue justice in the name of victims and give dignity to the families that grieve. But in our democracy, a death sentence carried out by the government does not constitute justice for those who have been put to death and proven innocent after the fact.”

This short essay was written by the then-presidential candidate and current U.S. Vice President Kamala Harris to explain her campaign’s stance on the death penalty. First, she believes it does not execute justice and is likely to commit injustice by sentencing innocent people to death. In addition, it is said to disproportionally affect nonwhite people. Finally, it is more fiscally responsible for abolishing capital punishment, as it uses funds that could be used for education and healthcare. 

Essays About Death Penalty

This topic always comes first to mind when thinking of what to write. For a strong argumentative essay, consider the death penalty and list its pros and cons. Then, conclude whether or not it would be beneficial to reinstate or keep the policy. There is an abundance of sources you can gather inspiration from, including the essay examples listed above and countless other online sources.

People have been put to death as a punishment since the dawn of recorded history, but as morals and technology have changed, the application of the death penalty has evolved. This essay will explore how the death penalty has been used and carried out throughout history.

This essay will examine both execution methods and when capital punishment is ordered. A few points to explore in this essay include:

  • Thousands of years ago, “an eye for an eye” was the standard. How were executions carried out in ancient history?
  • The religious context of executions during the middle ages is worth exploring. When was someone burned at the stake?
  • The guillotine became a popular method of execution during the renaissance period. How does this method compare to both ancient execution methods and modern methods?
  • The most common execution methods in the modern era include the firing squad, hanging, lethal injections, gas chambers, and electrocution. How do these methods compare to older forms of execution?

Choose a country, preferably your home country, and look into the death penalty status: is it being implemented or not? If you wish, you can also give a brief history of the death penalty in your chosen country and your thoughts. You do not necessarily need to write about your own country; however, picking your homeland may provide better insight. 

Critics of the death penalty argue that it is anti-poor, as a poor person accused of a crime punishable by death lacks the resources to hire a good lawyer to defend them adequately. For your essay, reflect on this issue and write about your thoughts. Is it inhumane for the poor? After all, poor people will not have sufficient resources to hire good lawyers, regardless of the punishment. 

This is one of the biggest debates in the justice system. While the justice system has been set up to punish, it should also deter people from committing crimes. Does the death penalty do an adequate job at deterring crimes? 

This essay should lay out the evidence that shows how the death penalty either does or does not deter crime. A few points to explore in this essay include:

  • Which crimes have the death penalty as the ultimate punishment?
  • How does the murder rate compare to states that do not have the death penalty in states with the death penalty?
  • Are there confounding factors that must be taken into consideration with this comparison? How do they play a role?

Essays about the Death Penalty: What are the pros and cons of the death penalty vs. Life imprisonment? 

This is one of the most straightforward ways to explore the death penalty. If the death penalty is to be removed from criminal cases, it must be replaced with something else. The most logical alternative is life imprisonment. 

There is no “right” answer to this question, but a strong argumentative essay could take one side over another in this death penalty debate. A few points to explore in this essay include:

  • Some people would rather be put to death instead of imprisoned in a cell for life. Should people have the right to decide which punishment they accept?
  • What is the cost of the death penalty versus imprisoning someone for life? Even though it can be expensive to imprison someone for life, remember that most death penalty cases are appealed numerous times before execution.
  • Would the death penalty be more acceptable if specific execution methods were used instead of others?

Few first-world countries still use the death penalty. However, Japan and the United States are two of the biggest users of the death sentence.

This is an interesting compare and contrast essay worth exploring. In addition, this essay can explore the differences in how executions are carried out. Some of the points to explore include:

  • What are the execution methods countries use? The execution method in the United States can vary from state to state, but Japan typically uses hanging. Is this considered a cruel and unusual punishment?
  • In the United States, death row inmates know their execution date. In Japan, they do not. So which is better for the prisoner?
  • How does the public in the United States feel about the death penalty versus public opinion in Japan? Should this influence when, how, and if executions are carried out in the respective countries?

In the United States, justice is typically administered at the state level unless a federal crime has been committed. So why do some states have the death penalty and not others?

This essay will examine which states have the death penalty and make the most use of this form of punishment as part of the legal system. A few points worth exploring in this essay include:

  • When did various states outlaw the death penalty (if they do not use it today)?
  • Which states execute the most prisoners? Some states to mention are Texas and Oklahoma.
  • Do the states that have the death penalty differ in when the death penalty is administered?
  • Is this sentence handed down by the court system or by the juries trying the individual cases in states with the death penalty?

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Numerous states allow prisoners to select how they will be executed. The most common methods include lethal injections, firing squads, electric chairs, gas chambers, and hanging. 

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Some of the points this essay might explore include:

  • When did these different execution methods become options for execution?
  • Which execution methods are the most common in the various states that offer them?
  • Is one method considered more “humane” than others? If so, why?

One of the topics recently discussed is whether the public should be allowed to view an execution.

There are many potential directions to go with this essay, and all of these points are worth exploring. A few topics to explore in this essay include:

  • In the past, executions were carried out in public places. There are a few countries, particularly in the Middle East, where this is still the case. So why were executions carried out in public?
  • In some situations, individuals directly involved in the case, such as the victim’s loved ones, are permitted to view the execution. Does this bring a sense of closure?
  • Should executions be carried out in private? Does this reduce transparency in the justice system?

Lethal injection is one of the most common modes of execution. The goal is to put the person to sleep and remove their pain. Then, a cocktail is used to stop their heart. Unfortunately, many companies have refused to provide states with the drugs needed for a lethal injection. A few points to explore include:

  • Doctors and pharmacists have said it is against the oath they took to “not harm.” Is this true? What impact does this have?
  • If someone is giving the injection without medical training, how does this impact the prisoner?
  • Have states decided to use other more “harmful” modes of execution because they can’t get what they need for the lethal injection?

There are certain crimes, such as murder, where the death penalty is a possible punishment across the country. Even though minors can be tried as adults in some situations, they typically cannot be given the death penalty.

It might be interesting to see what legal experts and victims of juvenile capital crimes say about this important topic. A few points to explore include:

  • How does the brain change and evolve as someone grows?
  • Do juveniles have a higher rate of rehabilitation than adults?
  • Should the wishes of the victim’s family play a role in the final decision?

The justice system, and its unjust impact on minorities , have been a major area of research during the past few decades. It might be worth exploring if the death penalty is disproportionately used in cases involving minorities. 

It might be worth looking at numbers from Amnesty International or the Innocence Project to see what the numbers show. A strong essay might also propose ways to make justice system cases more equitable and fair. A few points worth exploring include:

  • Of the cases where the death penalty has been levied, what percentage of the cases involve a minority perpetrator?
  • Do stays of execution get granted more often in cases involving white people versus minorities?
  • Do white people get handed a sentence of life in prison without parole more often than people of minority descent?

If you’d like to learn more, our writer explains how to write an argumentative essay in this guide.

For help with your essay, check our round-up of best essay writing apps .

small essay about death penalty

Martin is an avid writer specializing in editing and proofreading. He also enjoys literary analysis and writing about food and travel.

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Death Penalty - Essay Samples And Topic Ideas For Free

The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application of the death penalty, the potential for judicial error, and the disparities in its application across different demographic groups. Discussions might also explore the psychological impact on inmates, the families involved, and the society at large. They could also analyze the global trends toward abolition or retention of the death penalty and the factors influencing these trends. A substantial compilation of free essay instances related to Death Penalty you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

small essay about death penalty

Death Penalty and Justice

By now, many of us are familiar with the statement, "an eye for an eye," which came from the bible, so it should be followed as holy writ. Then there was Gandhi, who inspired thousands and said, "an eye for an eye will leave us all blind." This begs the question, which option do we pick to be a good moral agent, in the terms of justice that is. Some states in America practice the death penalty, where some states […]

The Controversy of Death Penalty

The death penalty is a very controversial topic in many states. Although the idea of the death penalty does sound terrifying, would you really want a murderer to be given food and shelter for free? Would you want a murderer to get out of jail and still end up killing another innocent person? Imagine if that murder gets out of jail and kills someone in your family; Wouldn’t you want that murderer to be killed as well? Murderers can kill […]

Stephen Nathanson’s “An Eye for an Eye”

According to Stephen Nathanson's "An Eye for an Eye?", he believes that capital punishment should be immediately abolished and that the principle of punishment, "lex talionis" which correlates to the classic saying "an eye for an eye" is not a valid reason for issuing the death penalty in any country, thus, abolishment of Capital Punishment should follow. Throughout the excerpt from his book, Nathanson argues against this principle believing that one, it forces us to "commit highly immoral actions”raping a […]

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Does the Death Penalty Effectively Deter Crime?

The death penalty in America has been effective since 1608. Throughout the years following the first execution, criminal behaviors have begun to deteriorate. Capital punishment was first formed to deter crime and treason. As a result, it increased the rate of crime, according to researchers. Punishing criminals by death does not effectively deter crime because criminals are not concerned with consequences, apprehension, and judges are not willing to pay the expenses. During the stage of mens rea, thoughts of committing […]

The Death Penalty: Right or Wrong?

The death penalty has been a controversial topic throughout the years and now more than ever, as we argue; Right or Wrong? Moral or Immoral? Constitutional or Unconstitutional? The death penalty also known as capital punishment is a legal process where the state justice sentences an individual to be executed as punishment for a crime committed. The death penalty sentence strongly depends on the severity of the crime, in the US there are 41 crimes that can lead to being […]

About Carlton Franklin

In most other situations, the long-unsolved Westfield Murder would have been a death penalty case. A 57-year-old legal secretary, Lena Triano, was found tied up, raped, beaten, and stabbed in her New Jersey home. A DNA sample from her undergarments connected Carlton Franklin to the scene of the crime. However, fortunately enough for Franklin, he was not convicted until almost four decades after the murder and, in an unusual turn of events, was tried in juvenile court. Franklin was fifteen […]

About the Death Penalty

The death penalty has been a method used as far back as the Eighteenth century B.C. The use of the death penalty was for punishing people for committing relentless crimes. The severity of the punishment were much more inferior in comparison to modern day. These inferior punishments included boiling live bodies, burning at the stake, hanging, and extensive use of the guillotine to decapitate criminals. In the ancient days no laws were established to dictate and regulate the type of […]

The Death Penalty should not be Legal

Imagine you hit your sibling and your mom hits you back to teach that you shouldn't be hitting anyone. Do you really learn not to be violent from that or instead do you learn how it is okay for moms or dads to hit their children in order to teach them something? This is exactly how the death penalty works. The death penalty has been a form of punishment for decades. There are several methods of execution and those are […]

Effectively Solving Society’s Criminality

Has one ever wondered if the person standing or sitting next to them has the potential to be a murderer or a rapist? What do those who are victimized personally or have suffered from a tragic event involving a loved-one or someone near and dear to their heart, expect from the government? Convicted felons of this nature and degree of unlawfulness should be sentenced to death. Psychotic killers and rapists need the ultimate consequences such as the death penalty for […]

Religious Values and Death Penalty

Religious and moral values tell us that killing is wrong. Thou shall not kill. To me, the death penalty is inhumane. Killing people makes us like the murderers that most of us despise. No imperfect system should have the right to decide who lives and who dies. The government is made up of imperfect humans, who make mistakes. The only person that should be able to take life, is god. "An eye for an eye leaves the whole world blind". […]

Abolishment of the Death Penalty

Abstract: The purpose of this paper is to relate many different criminological theories in regard to capital punishment. We relate many criminological theories such as; cognitive theory, deviant place theory, latent trait theory, differential association theory, behavioral theory, attachment theory, lifestyle theory, and biosocial theory. This paper empirically analyzes the idea that capital punishment is inhumane and should be abolished. We analyze this by taking into consideration false convictions, deterrence of crime, attitudes towards capital punishment, mental illness and juvenile […]

Punishment and the Nature of the Crime

When an individual commits a crime then he/she is given punishment depending on the nature of the crime committed. The US's way of giving punishment to an offender has been criticized for many years. There are 2 types of cases; civil and criminal cases. In civil cases, most of the verdict comprises of jail time or fine amount to be paid. These are not as severe except the one related to money laundering and forgery. On the other hand, criminal […]

The Death Penalty and Juveniles

Introduction: In today's society, many juveniles are being sent to trial without having the chance of getting a fair trial as anyone else would. Many citizens would see juveniles as dangerous individuals, but in my opinion how a teenager acts at home starts at home. Punishing a child for something that could have been solved at home is something that should not have to get worse by giving them the death penalty. The death penalty should not be imposed on […]

Is the Death Penalty “Humane”

What’s the first thing that pops up in your mind when you hear the words Capital Punishment? I’m assuming for most people the first thing that pops up is a criminal sitting on a chair, with all limbs tied down, and some type of mechanism connected to their head. Even though this really isn't the way that it is done, I do not blame people for imagining that type of image because that is how movies usually portray capital punishment. […]

Euthanasia and Death Penalty

Euthanasia and death penalty are two controversy topics, that get a lot of attention in today's life. The subject itself has the roots deep in the beginning of the humankind. It is interesting and maybe useful to learn the answer and if there is right or wrong in those actions. The decision if a person should live or die depends on the state laws. There are both opponents and supporters of the subject. However different the opinions are, the state […]

The Death Penalty is not Worth the Cost

The death penalty is a government practice, used as a punishment for capital crimes such as treason, murder, and genocide to name a few. It has been a controversial topic for many years some countries still use it while others don't. In the United States, each state gets to choose whether they consider it to be legal or not. Which is why in this country 30 states allow it while 20 states have gotten rid of it. It is controversial […]

Ineffectiveness of Death Penalty

Death penalty as a means of punishing crime and discouraging wrong behaviour has suffered opposition from various fronts. Religious leaders argue that it is morally wrong to take someone's life while liberal thinkers claim that there are better ways to punish wrong behaviour other than the death penalty. This debate rages on while statistically, Texas executes more individuals than any other state in the United States of America. America itself also has the highest number of death penalty related deaths […]

Is the Death Penalty Morally Right?

There have been several disputes on whether the death penalty is morally right. Considering the ethical issues with this punishment can help distinguish if it should be denied or accepted. For example, it can be argued that a criminal of extreme offenses should be granted the same level of penance as their crime. During the duration of their sentencing they could repent on their actions and desire another opportunity of freedom. The death penalty should be outlawed because of too […]

Why the Death Penalty is Unjust

Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man (or woman) should shed the blood of another man (or woman). Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Social justice […]

The Death Penalty and People’s Opinions

The death penalty is a highly debated topic that often divided opinion amongst people all around the world. Firstly, let's take a look at our capital punishments, with certain crimes, come different serving times. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. When it comes to the death penalty, there are certain […]

The Debate of the Death Penalty

Capital punishment is a moral issue that is often scrutinized due to the taking of someone’s life. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […]

The History of the Death Penalty

The History of the death penalty goes as far back as ancient China and Babylon. However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. For instance, in the 5th Century BC, the Roman Law of the Twelve Tablets […]

Death Penalty is Immoral

Let's say your child grabs a plate purposely. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. A three year old typically doesn't know they have done something wrong. But since your child broke that one plate, your kid is being put on death row. You may be thinking, that is too harsh of […]

The Death Penalty in the United States

The United States is the "land of the free, home of the brave" and the death penalty (American National Anthem). Globally, America stands number five in carrying executions (Lockie). Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection (The Guardian). Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […]

Cost of the Death Penalty

The death penalty costs more than life in prison. According to Fox News correspondent Dan Springer, the State of California spent 4 billion dollars to execute 13 individuals, in addition to the net spend of an estimated $64,000 per prisoner every year. Springer (2011) documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. […]

The Solution to the Death Penalty

There has never been a time when the United States of America was free from criminals indulging in killing, stealing, exploiting people, and even selling illegal items. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […]

Costs: Death Penalty Versus Prison Costs

The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives. According to […]

Death Penalty as a Source of Constant Controversy

The death penalty has been a source of almost constant controversy for hundreds of years, splitting the population down the middle with people supporting the death penalty and people that think it is unnecessary. The amount of people that are been against the death penalty has grown in recent years, causing the amount of executions to dwindle down to where there is less than one hundred every year. This number will continue to lessen as more and more people decide […]

Death Penalty is Politically Just?

Being wrongfully accused is unimaginable, but think if you were wrongfully accused and the ultimate punishment was death. Death penalty is one of the most controversial issues in today's society, but what is politically just? When a crime is committed most assume that the only acceptable consequence is to be put to death rather than thinking of another form of punishment. Religiously the death penalty is unfair because the, "USCCB concludes prisoners can change and find redemption through ministry outreach, […]

George Walker Bush and Death Penalty

George Walker Bush, a former U.S. president, and governor of Texas, once spoke, "I don't think you should support the death penalty to seek revenge. I don't think that's right. I think the reason to support the death penalty is because it saves other people's lives." The death penalty, or capital punishment, refers to the execution of a criminal convicted of a capital offense. With many criminals awaiting execution on death row, the death penalty has been a debated topic […]

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How To Write an Essay About Death Penalty

Understanding the topic.

When writing an essay about the death penalty, the first step is to understand the depth and complexities of the topic. The death penalty, also known as capital punishment, is a legal process where a person is put to death by the state as a punishment for a crime. This topic is highly controversial and evokes strong emotions on both sides of the debate. It's crucial to approach this subject with sensitivity and a balanced perspective, acknowledging the moral, legal, and ethical considerations involved. Research is key in this initial phase, as it's important to gather facts, statistics, and viewpoints from various sources to have a well-rounded understanding of the topic. This foundation will set the tone for your essay, guiding your argument and supporting your thesis.

Structuring the Argument

The next step is structuring your argument. In an essay about the death penalty, it's vital to present a clear thesis statement that outlines your stance on the issue. Are you for or against it? What are the reasons behind your position? The body of your essay should then systematically support your thesis through well-structured arguments. Each paragraph should focus on a specific aspect of the death penalty, such as its ethical implications, its effectiveness as a deterrent to crime, or the risk of wrongful convictions. Ensure that each point is backed up by evidence and examples, and remember to address counterarguments. This not only shows that you have considered multiple viewpoints but also strengthens your position by demonstrating why these opposing arguments may be less valid.

Exploring Ethical and Moral Dimensions

An essential aspect of writing an essay on the death penalty is exploring its ethical and moral dimensions. This involves delving into philosophical debates about the value of human life, justice, and retribution. It's important to discuss the moral justifications that are often used to defend the death penalty, such as the idea of 'an eye for an eye,' and to critically evaluate these arguments. Equally important is exploring the ethical arguments against the death penalty, including the potential for innocent people to be executed and the question of whether the state should have the power to take a life. This section of the essay should challenge readers to think deeply about their values and the principles of a just society.

Concluding Thoughts

In conclusion, revisit your thesis and summarize the key points made in your essay. This is your final opportunity to reinforce your argument and leave a lasting impression on your readers. Discuss the broader implications of the death penalty in society and consider potential future developments in this area. You might also want to offer recommendations or pose questions that encourage further reflection on the topic. Remember, a strong conclusion doesn't just restate what has been said; it provides closure and offers new insights, prompting readers to continue thinking about the subject long after they have finished reading your essay.

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Arguments for and Against the Death Penalty

Click the buttons below to view arguments and testimony on each topic.

The death penalty deters future murders.

Society has always used punishment to discourage would-be criminals from unlawful action. Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder, and that is the death penalty. If murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life.

For years, criminologists analyzed murder rates to see if they fluctuated with the likelihood of convicted murderers being executed, but the results were inconclusive. Then in 1973 Isaac Ehrlich employed a new kind of analysis which produced results showing that for every inmate who was executed, 7 lives were spared because others were deterred from committing murder. Similar results have been produced by disciples of Ehrlich in follow-up studies.

Moreover, even if some studies regarding deterrence are inconclusive, that is only because the death penalty is rarely used and takes years before an execution is actually carried out. Punishments which are swift and sure are the best deterrent. The fact that some states or countries which do not use the death penalty have lower murder rates than jurisdictions which do is not evidence of the failure of deterrence. States with high murder rates would have even higher rates if they did not use the death penalty.

Ernest van den Haag, a Professor of Jurisprudence at Fordham University who has studied the question of deterrence closely, wrote: “Even though statistical demonstrations are not conclusive, and perhaps cannot be, capital punishment is likely to deter more than other punishments because people fear death more than anything else. They fear most death deliberately inflicted by law and scheduled by the courts. Whatever people fear most is likely to deter most. Hence, the threat of the death penalty may deter some murderers who otherwise might not have been deterred. And 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. Perhaps they will not be deterred. But they would certainly not be deterred by anything else. We owe all the protection we can give to law enforcers exposed to special risks.”

Finally, the death penalty certainly “deters” the murderer who is executed. Strictly speaking, this is a form of incapacitation, similar to the way a robber put in prison is prevented from robbing on the streets. Vicious murderers must be killed to prevent them from murdering again, either in prison, or in society if they should get out. Both as a deterrent and as a form of permanent incapacitation, the death penalty helps to prevent future crime.

Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies have been widely discredited. In fact, some criminologists, such as William Bowers of Northeastern University, maintain that the death penalty has the opposite effect: that is, society is brutalized by the use of the death penalty, and this increases the likelihood of more murder. Even most supporters of the death penalty now place little or no weight on deterrence as a serious justification for its continued use.

States in the United States that do not employ the death penalty generally have lower murder rates than states that do. The same is true when the U.S. is compared to countries similar to it. The U.S., with the death penalty, has a higher murder rate than the countries of Europe or Canada, which do not use the death penalty.

The death penalty is not a deterrent because most people who commit murders either do not expect to be caught or do not carefully weigh the differences between a possible execution and life in prison before they act. Frequently, murders are committed in moments of passion or anger, or by criminals who are substance abusers and acted impulsively. As someone who presided over many of Texas’s executions, former Texas Attorney General Jim Mattox has remarked, “It is my own experience that those executed in Texas were not deterred by the existence of the death penalty law. I think in most cases you’ll find that the murder was committed under severe drug and alcohol abuse.”

There is no conclusive proof that the death penalty acts as a better deterrent than the threat of life imprisonment. A 2012 report released by the prestigious National Research Council of the National Academies and based on a review of more than three decades of research, concluded that studies claiming a deterrent effect on murder rates from the death penalty are fundamentally flawed. A survey of the former and present presidents of the country’s top academic criminological societies found that 84% of these experts rejected the notion that research had demonstrated any deterrent effect from the death penalty .

Once in prison, those serving life sentences often settle into a routine and are less of a threat to commit violence than other prisoners. Moreover, most states now have a sentence of life without parole. Prisoners who are given this sentence will never be released. Thus, the safety of society can be assured without using the death penalty.

Ernest van den Haag Professor of Jurisprudence and Public Policy, Fordham University. Excerpts from ” The Ultimate Punishment: A Defense,” (Harvard Law Review Association, 1986)

“Execution of those who have committed heinous murders may deter only one murder per year. If it does, it seems quite warranted. It is also the only fitting retribution for murder I can think of.”

“Most abolitionists acknowledge that they would continue to favor abolition even if the death penalty were shown to deter more murders than alternatives could deter. Abolitionists appear to value the life of a convicted murderer or, at least, his non-execution, more highly than they value the lives of the innocent victims who might be spared by deterring prospective murderers.

Deterrence is not altogether decisive for me either. I would favor retention of the death penalty as retribution even if it were shown that the threat of execution could not deter prospective murderers not already deterred by the threat of imprisonment. Still, I believe the death penalty, because of its finality, is more feared than imprisonment, and deters some prospective murderers not deterred by the thought of imprisonment. Sparing the lives of even a few prospective victims by deterring their murderers is more important than preserving the lives of convicted murderers because of the possibility, or even the probability, that executing them would not deter others. Whereas the life of the victims who might be saved are valuable, that of the murderer has only negative value, because of his crime. Surely the criminal law is meant to protect the lives of potential victims in preference to those of actual murderers.”

“We threaten punishments in order to deter crime. We impose them not only to make the threats credible but also as retribution (justice) for the crimes that were not deterred. Threats and punishments are necessary to deter and deterrence is a sufficient practical justification for them. Retribution is an independent moral justification. Although penalties can be unwise, repulsive, or inappropriate, and those punished can be pitiable, in a sense the infliction of legal punishment on a guilty person cannot be unjust. By committing the crime, the criminal volunteered to assume the risk of receiving a legal punishment that he could have avoided by not committing the crime. 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 volunteers to assume the risk. Thus, the death penalty cannot be unjust to the guilty criminal.”

Full text can be found at PBS.org .

Hugo Adam Bedau (deceased) Austin Fletcher Professor of Philosophy, Tufts University Excerpts from “The Case Against The Death Penalty” (Copyright 1997, American Civil Liberties Union)

“Persons who commit murder and other crimes of personal violence either may or may not premeditate their crimes.

When crime is planned, the criminal ordinarily concentrates on escaping detection, arrest, and conviction. The threat of even the severest punishment will not discourage those who expect to escape detection and arrest. It is impossible to imagine how the threat of any punishment could prevent a crime that is not premeditated….

Most capital crimes are committed in the heat of the moment. Most capital crimes are committed during moments of great emotional stress or under the influence of drugs or alcohol, when logical thinking has been suspended. In such cases, violence is inflicted by persons heedless of the consequences to themselves as well as to others….

If, however, severe punishment can deter crime, then long-term imprisonment is severe enough to deter any rational person from committing a violent crime.

The vast preponderance of the evidence shows that the death penalty is no more effective than imprisonment in deterring murder and that it may even be an incitement to criminal violence. Death-penalty states as a group do not have lower rates of criminal homicide than non-death-penalty states….

On-duty police officers do not suffer a higher rate of criminal assault and homicide in abolitionist states than they do in death-penalty states. Between l973 and l984, for example, lethal assaults against police were not significantly more, or less, frequent in abolitionist states than in death-penalty states. There is ‘no support for the view that the death penalty provides a more effective deterrent to police homicides than alternative sanctions. Not for a single year was evidence found that police are safer in jurisdictions that provide for capital punishment.’ (Bailey and Peterson, Criminology (1987))

Prisoners and prison personnel do not suffer a higher rate of criminal assault and homicide from life-term prisoners in abolition states than they do in death-penalty states. Between 1992 and 1995, 176 inmates were murdered by other prisoners; the vast majority (84%) were killed in death penalty jurisdictions. During the same period about 2% of all assaults on prison staff were committed by inmates in abolition jurisdictions. Evidently, the threat of the death penalty ‘does not even exert an incremental deterrent effect over the threat of a lesser punishment in the abolitionist states.’ (Wolfson, in Bedau, ed., The Death Penalty in America, 3rd ed. (1982))

Actual experience thus establishes beyond a reasonable doubt that the death penalty does not deter murder. No comparable body of evidence contradicts that conclusion.”

Click here for the full text from the ACLU website.

Retribution

A just society requires the taking of a life for a life.

When someone takes a life, the balance of justice is disturbed. Unless that balance is restored, society succumbs to a rule of violence. Only the taking of the murderer’s life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind.

Retribution has its basis in religious values, which have historically maintained that it is proper to take an “eye for an eye” and a life for a life.

Although the victim and the victim’s family cannot be restored to the status which preceded the murder, at least an execution brings closure to the murderer’s crime (and closure to the ordeal for the victim’s family) and ensures that the murderer will create no more victims.

For the most cruel and heinous crimes, the ones for which the death penalty is applied, offenders deserve the worst punishment under our system of law, and that is the death penalty. Any lesser punishment would undermine the value society places on protecting lives.

Robert Macy, District Attorney of Oklahoma City, described his concept of the need for retribution in one case: “In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed. The killer should not lie in some prison with three meals a day, clean sheets, cable TV, family visits and endless appeals. For justice to prevail, some killers just need to die.”

Retribution is another word for revenge. Although our first instinct may be to inflict immediate pain on someone who wrongs us, the standards of a mature society demand a more measured response.

The emotional impulse for revenge is not a sufficient justification for invoking a system of capital punishment, with all its accompanying problems and risks. Our laws and criminal justice system should lead us to higher principles that demonstrate a complete respect for life, even the life of a murderer. Encouraging our basest motives of revenge, which ends in another killing, extends the chain of violence. Allowing executions sanctions killing as a form of ‘pay-back.’

Many victims’ families denounce the use of the death penalty. Using an execution to try to right the wrong of their loss is an affront to them and only causes more pain. For example, Bud Welch’s daughter, Julie, was killed in the Oklahoma City bombing in 1995. Although his first reaction was to wish that those who committed this terrible crime be killed, he ultimately realized that such killing “is simply vengeance; and it was vengeance that killed Julie…. Vengeance is a strong and natural emotion. But it has no place in our justice system.”

The notion of an eye for an eye, or a life for a life, is a simplistic one which our society has never endorsed. We do not allow torturing the torturer, or raping the rapist. Taking the life of a murderer is a similarly disproportionate punishment, especially in light of the fact that the U.S. executes only a small percentage of those convicted of murder, and these defendants are typically not the worst offenders but merely the ones with the fewest resources to defend themselves.

Louis P. Pojman Author and Professor of Philosophy, U.S. Military Academy. Excerpt from “The Death Penalty: For and Against,” (Rowman & Littlefield Publishers, Inc., 1998)

“[Opponents of the capital punishment often put forth the following argument:] Perhaps the murderer deserves to die, but what authority does the state have to execute him or her? Both the Old and New Testament says, “’Vengeance is mine, I will repay,’ says the Lord” (Prov. 25:21 and Romans 12:19). You need special authority to justify taking the life of a human being.

The objector fails to note that the New Testament passage continues with a support of the right of the state to execute criminals in the name of God: “Let every person be subjected to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore he who resists what God has appointed, and those who resist will incur judgment…. If you do wrong, be afraid, for [the authority] does not bear the sword in vain; he is the servant of God to execute his wrath on the wrongdoer” (Romans 13: 1-4). So, according to the Bible, the authority to punish, which presumably includes the death penalty, comes from God.

But we need not appeal to a religious justification for capital punishment. We can site the state’s role in dispensing justice. Just as the state has the authority (and duty) to act justly in allocating scarce resources, in meeting minimal needs of its (deserving) citizens, in defending its citizens from violence and crime, and in not waging unjust wars; so too does it have the authority, flowing from its mission to promote justice and the good of its people, to punish the criminal. If the criminal, as one who has forfeited a right to life, deserves to be executed, especially if it will likely deter would-be murderers, the state has a duty to execute those convicted of first-degree murder.”

National Council of Synagogues and the Bishops’ Committee for Ecumenical and Interreligious Affairs of the National Conference of Catholic Bishops Excerpts from “To End the Death Penalty: A Report of the National Jewish/Catholic Consultation” (December, 1999)

“Some would argue that the death penalty is needed as a means of retributive justice, to balance out the crime with the punishment. This reflects a natural concern of society, and especially of victims and their families. Yet we believe that we are called to seek a higher road even while punishing the guilty, for example through long and in some cases life-long incarceration, so that the healing of all can ultimately take place.

Some would argue that the death penalty will teach society at large the seriousness of crime. Yet we say that teaching people to respond to violence with violence will, again, only breed more violence.

The strongest argument of all [in favor of the death penalty] is the deep pain and grief of the families of victims, and their quite natural desire to see punishment meted out to those who have plunged them into such agony. Yet it is the clear teaching of our traditions that this pain and suffering cannot be healed simply through the retribution of capital punishment or by vengeance. It is a difficult and long process of healing which comes about through personal growth and God’s grace. We agree that much more must be done by the religious community and by society at large to solace and care for the grieving families of the victims of violent crime.

Recent statements of the Reform and Conservative movements in Judaism, and of the U.S. Catholic Conference sum up well the increasingly strong convictions shared by Jews and Catholics…:

‘Respect for all human life and opposition to the violence in our society are at the root of our long-standing opposition (as bishops) to the death penalty. We see the death penalty as perpetuating a cycle of violence and promoting a sense of vengeance in our culture. As we said in Confronting the Culture of Violence: ‘We cannot teach that killing is wrong by killing.’ We oppose capital punishment not just for what it does to those guilty of horrible crimes, but for what it does to all of us as a society. Increasing reliance on the death penalty diminishes all of us and is a sign of growing disrespect for human life. We cannot overcome crime by simply executing criminals, nor can we restore the lives of the innocent by ending the lives of those convicted of their murders. The death penalty offers the tragic illusion that we can defend life by taking life.’1

We affirm that we came to these conclusions because of our shared understanding of the sanctity of human life. We have committed ourselves to work together, and each within our own communities, toward ending the death penalty.” Endnote 1. Statement of the Administrative Committee of the United States Catholic Conference, March 24, 1999.

The risk of executing the innocent precludes the use of the death penalty.

The death penalty alone imposes an irrevocable sentence. Once an inmate is executed, nothing can be done to make amends if a mistake has been made. There is considerable evidence that many mistakes have been made in sentencing people to death. Since 1973, over 180 people have been released from death row after evidence of their innocence emerged. During the same period of time, over 1,500 people have been executed. Thus, for every 8.3 people executed, we have found one person on death row who never should have been convicted. These statistics represent an intolerable risk of executing the innocent. If an automobile manufacturer operated with similar failure rates, it would be run out of business.

Our capital punishment system is unreliable. A study by Columbia University Law School found that two thirds of all capital trials contained serious errors. When the cases were retried, over 80% of the defendants were not sentenced to death and 7% were completely acquitted.

Many of the releases of innocent defendants from death row came about as a result of factors outside of the justice system. Recently, journalism students in Illinois were assigned to investigate the case of a man who was scheduled to be executed, after the system of appeals had rejected his legal claims. The students discovered that one witness had lied at the original trial, and they were able to find another man, who confessed to the crime on videotape and was later convicted of the murder. The innocent man who was released was very fortunate, but he was spared because of the informal efforts of concerned citizens, not because of the justice system.

In other cases, DNA testing has exonerated death row inmates. Here, too, the justice system had concluded that these defendants were guilty and deserving of the death penalty. DNA testing became available only in the early 1990s, due to advancements in science. If this testing had not been discovered until ten years later, many of these inmates would have been executed. And if DNA testing had been applied to earlier cases where inmates were executed in the 1970s and 80s, the odds are high that it would have proven that some of them were innocent as well.

Society takes many risks in which innocent lives can be lost. We build bridges, knowing that statistically some workers will be killed during construction; we take great precautions to reduce the number of unintended fatalities. But wrongful executions are a preventable risk. By substituting a sentence of life without parole, we meet society’s needs of punishment and protection without running the risk of an erroneous and irrevocable punishment.

There is no proof that any innocent person has actually been executed since increased safeguards and appeals were added to our death penalty system in the 1970s. Even if such executions have occurred, they are very rare. Imprisoning innocent people is also wrong, but we cannot empty the prisons because of that minimal risk. If improvements are needed in the system of representation, or in the use of scientific evidence such as DNA testing, then those reforms should be instituted. However, the need for reform is not a reason to abolish the death penalty.

Besides, many of the claims of innocence by those who have been released from death row are actually based on legal technicalities. Just because someone’s conviction is overturned years later and the prosecutor decides not to retry him, does not mean he is actually innocent.

If it can be shown that someone is innocent, surely a governor would grant clemency and spare the person. Hypothetical claims of innocence are usually just delaying tactics to put off the execution as long as possible. Given our thorough system of appeals through numerous state and federal courts, the execution of an innocent individual today is almost impossible. Even the theoretical execution of an innocent person can be justified because the death penalty saves lives by deterring other killings.

Gerald Kogan, Former Florida Supreme Court Chief Justice Excerpts from a speech given in Orlando, Florida, October 23, 1999 “[T]here is no question in my mind, and I can tell you this having seen the dynamics of our criminal justice system over the many years that I have been associated with it, [as] prosecutor, defense attorney, trial judge and Supreme Court Justice, that convinces me that we certainly have, in the past, executed those people who either didn’t fit the criteria for execution in the State of Florida or who, in fact, were, factually, not guilty of the crime for which they have been executed.

“And you can make these statements when you understand the dynamics of the criminal justice system, when you understand how the State makes deals with more culpable defendants in a capital case, offers them light sentences in exchange for their testimony against another participant or, in some cases, in fact, gives them immunity from prosecution so that they can secure their testimony; the use of jailhouse confessions, like people who say, ‘I was in the cell with so-and-so and they confessed to me,’ or using those particular confessions, the validity of which there has been great doubt. And yet, you see the uneven application of the death penalty where, in many instances, those that are the most culpable escape death and those that are the least culpable are victims of the death penalty. These things begin to weigh very heavily upon you. And under our system, this is the system we have. And that is, we are human beings administering an imperfect system.”

“And how about those people who are still sitting on death row today, who may be factually innocent but cannot prove their particular case very simply because there is no DNA evidence in their case that can be used to exonerate them? Of course, in most cases, you’re not going to have that kind of DNA evidence, so there is no way and there is no hope for them to be saved from what may be one of the biggest mistakes that our society can make.”

The entire speech by Justice Kogan is available here.

Paul G. Cassell Associate Professor of Law, University of Utah, College of Law, and former law clerk to Chief Justice Warren E. Burger. Statement before the Committee on the Judiciary, United States House of Representatives, Subcommittee on Civil and Constitutional Rights Concerning Claims of Innocence in Capital Cases (July 23, 1993)

“Given the fallibility of human judgments, the possibility exists that the use of capital punishment may result in the execution of an innocent person. The Senate Judiciary Committee has previously found this risk to be ‘minimal,’ a view shared by numerous scholars. As Justice Powell has noted commenting on the numerous state capital cases that have come before the Supreme Court, the ‘unprecedented safeguards’ already inherent in capital sentencing statutes ‘ensure a degree of care in the imposition of the sentence of death that can only be described as unique.’”

“Our present system of capital punishment limits the ultimate penalty to certain specifically-defined crimes and even then, permit the penalty of death only when the jury finds that the aggravating circumstances in the case outweigh all mitigating circumstances. The system further provides judicial review of capital cases. Finally, before capital sentences are carried out, the governor or other executive official will review the sentence to insure that it is a just one, a determination that undoubtedly considers the evidence of the condemned defendant’s guilt. Once all of those decisionmakers have agreed that a death sentence is appropriate, innocent lives would be lost from failure to impose the sentence.”

“Capital sentences, when carried out, save innocent lives by permanently incapacitating murderers. Some persons who commit capital homicide will slay other innocent persons if given the opportunity to do so. The death penalty is the most effective means of preventing such killers from repeating their crimes. The next most serious penalty, life imprisonment without possibility of parole, prevents murderers from committing some crimes but does not prevent them from murdering in prison.”

“The mistaken release of guilty murderers should be of far greater concern than the speculative and heretofore nonexistent risk of the mistaken execution of an innocent person.”

Full text can be found here.

Arbitrariness & Discrimination

The death penalty is applied unfairly and should not be used.

In practice, the death penalty does not single out the worst offenders. Rather, it selects an arbitrary group based on such irrational factors as the quality of the defense counsel, the county in which the crime was committed, or the race of the defendant or victim.

Almost all defendants facing the death penalty cannot afford their own attorney. Hence, they are dependent on the quality of the lawyers assigned by the state, many of whom lack experience in capital cases or are so underpaid that they fail to investigate the case properly. A poorly represented defendant is much more likely to be convicted and given a death sentence.

With respect to race, studies have repeatedly shown that a death sentence is far more likely where a white person is murdered than where a Black person is murdered. The death penalty is racially divisive because it appears to count white lives as more valuable than Black lives. Since the death penalty was reinstated in 1976, 296 Black defendants have been executed for the murder of a white victim, while only 31 white defendants have been executed for the murder of a Black victim. Such racial disparities have existed over the history of the death penalty and appear to be largely intractable.

It is arbitrary when someone in one county or state receives the death penalty, but someone who commits a comparable crime in another county or state is given a life sentence. Prosecutors have enormous discretion about when to seek the death penalty and when to settle for a plea bargain. Often those who can only afford a minimal defense are selected for the death penalty. Until race and other arbitrary factors, like economics and geography, can be eliminated as a determinant of who lives and who dies, the death penalty must not be used.

Discretion has always been an essential part of our system of justice. No one expects the prosecutor to pursue every possible offense or punishment, nor do we expect the same sentence to be imposed just because two crimes appear similar. Each crime is unique, both because the circumstances of each victim are different and because each defendant is different. The U.S. Supreme Court has held that a mandatory death penalty which applied to everyone convicted of first degree murder would be unconstitutional. Hence, we must give prosecutors and juries some discretion.

In fact, more white people are executed in this country than black people. And even if blacks are disproportionately represented on death row, proportionately blacks commit more murders than whites. Moreover, the Supreme Court has rejected the use of statistical studies which claim racial bias as the sole reason for overturning a death sentence.

Even if the death penalty punishes some while sparing others, it does not follow that everyone should be spared. The guilty should still be punished appropriately, even if some do escape proper punishment unfairly. The death penalty should apply to killers of black people as well as to killers of whites. High paid, skillful lawyers should not be able to get some defendants off on technicalities. The existence of some systemic problems is no reason to abandon the whole death penalty system.

Reverend Jesse L. Jackson, Sr. President and Chief Executive Officer, Rainbow/PUSH Coalition, Inc. Excerpt from “Legal Lynching: Racism, Injustice & the Death Penalty,” (Marlowe & Company, 1996)

“Who receives the death penalty has less to do with the violence of the crime than with the color of the criminal’s skin, or more often, the color of the victim’s skin. Murder — always tragic — seems to be a more heinous and despicable crime in some states than in others. Women who kill and who are killed are judged by different standards than are men who are murderers and victims.

The death penalty is essentially an arbitrary punishment. There are no objective rules or guidelines for when a prosecutor should seek the death penalty, when a jury should recommend it, and when a judge should give it. This lack of objective, measurable standards ensures that the application of the death penalty will be discriminatory against racial, gender, and ethnic groups.

The majority of Americans who support the death penalty believe, or wish to believe, that legitimate factors such as the violence and cruelty with which the crime was committed, a defendant’s culpability or history of violence, and the number of victims involved determine who is sentenced to life in prison and who receives the ultimate punishment. The numbers, however, tell a different story. They confirm the terrible truth that bias and discrimination warp our nation’s judicial system at the very time it matters most — in matters of life and death. The factors that determine who will live and who will die — race, sex, and geography — are the very same ones that blind justice was meant to ignore. This prejudicial distribution should be a moral outrage to every American.”

Justice Lewis Powell United States Supreme Court Justice excerpts from McCleskey v. Kemp, 481 U.S. 279 (1987) (footnotes and citations omitted)

(Mr. McCleskey, a black man, was convicted and sentenced to death in 1978 for killing a white police officer while robbing a store. Mr. McCleskey appealed his conviction and death sentence, claiming racial discrimination in the application of Georgia’s death penalty. He presented statistical analysis showing a pattern of sentencing disparities based primarily on the race of the victim. The analysis indicated that black defendants who killed white victims had the greatest likelihood of receiving the death penalty. Writing the majority opinion for the Supreme Court, Justice Powell held that statistical studies on race by themselves were an insufficient basis for overturning the death penalty.)

“[T]he claim that [t]his sentence rests on the irrelevant factor of race easily could be extended to apply to claims based on unexplained discrepancies that correlate to membership in other minority groups, and even to gender. Similarly, since [this] claim relates to the race of his victim, other claims could apply with equally logical force to statistical disparities that correlate with the race or sex of other actors in the criminal justice system, such as defense attorneys or judges. Also, there is no logical reason that such a claim need be limited to racial or sexual bias. If arbitrary and capricious punishment is the touchstone under the Eighth Amendment, such a claim could — at least in theory — be based upon any arbitrary variable, such as the defendant’s facial characteristics, or the physical attractiveness of the defendant or the victim, that some statistical study indicates may be influential in jury decision making. As these examples illustrate, there is no limiting principle to the type of challenge brought by McCleskey. The Constitution does not require that a State eliminate any demonstrable disparity that correlates with a potentially irrelevant factor in order to operate a criminal justice system that includes capital punishment. As we have stated specifically in the context of capital punishment, the Constitution does not ‘plac[e] totally unrealistic conditions on its use.’ (Gregg v. Georgia)”

The entire decision can be found here.

Persuasive Essay Writing

Persuasive Essay About Death Penalty

Cathy A.

Craft an Effective Argument: Examples of Persuasive Essay About Death Penalty

Published on: Jan 27, 2023

Last updated on: Jan 29, 2024

Persuasive Essay About Death Penalty

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No matter what topic we're discussing, there is usually a range of opinions and viewpoints on the issues. 

But when it comes to more serious matters like the death penalty, creating an effective argument can become tricky. 

Although this topic may be difficult to tackle, you can still write an engaging persuasive essay to convey your point.

In this blog post, we'll explore how you can use examples of persuasive essays on death penalty topics.

So put your rhetorical skills to the test, and let’s dive right into sample essays and tips. 

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What Do We Mean by a Persuasive Essay?

A persuasive essay is a type of writing that attempts to persuade the reader or audience.

This essay usually presents an argument supported by evidence and examples. The main aim is to convince the reader or audience to take action or accept a certain viewpoint. 

Persuasive essays may be written from a neutral or biased perspective and contain personal opinions.

To do this, you must provide clear reasoning and evidence to support your argument. Persuasive essays can take many forms, including speeches, letters, articles, and opinion pieces. 

It is important to consider the audience when writing a persuasive essay. The language used should be tailored to their understanding of the topic. 

Read our comprehensive guide on persuasive essays to know all about crafting excellent essays.

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Let's move on to some examples so that you can better understand this topic.

Persuasive Essay About Death Penalty Examples

Are you feeling stuck with the task of writing a persuasive essay about the death penalty? 

Looking for some examples to get your ideas flowing? 

You’re in luck — we’ve got just the thing! Take a look at these free downloadable examples.

Example of a Persuasive essay about death penalty

Persuasive essay about death penalty in the Philippines

Short Persuasive essay about death penalty

Persuasive essay about death penalty should be abolished

The death penalty pros and cons essay

Looking for some more examples on persuasive essays? Check out our blog about persuasive essay examples !

Argumentative Essay About Death Penalty Examples 

We have compiled some of the best examples to help you start crafting your essay.

These examples will provide dynamic perspectives and insights from real-world legal cases to personal essays. 

Have a look at them to get inspired!!

Argumentative essay about death penalty in the Philippines

Argumentative essay about death penalty with introduction body conclusion

Argumentative essay about death penalty should be abolished

Argumentative essay about death penalty conclusion

6 Tips To Write an A+ Persuasive Essay

We know it can be daunting to compose a perfect essay that effectively conveys your point of view to your readers. Worry no more. 

Simply follow these 6 tips, and you will be on your way to a perfect persuasive essay.

1. Understand the assignment and audience

 Before you start writing your essay, you must understand what type of essay you are being asked to write. Who your target audience should be?

Make sure you know exactly what you’re arguing for and against, as this will help shape your essay's content.

2. Brainstorm and research

Once you understand the topic better, brainstorm ideas that support your argument.

During this process, be sure to do additional research on any unfamiliar points or topics.

3. Create an outline

After doing your initial research, create an outline for your essay that includes all the main points you want to make. 

This will help keep your thoughts organized and ensure you cover all the necessary points cohesively.

Check out our extensive guide on persuasive essay outlines to master the art of creating essays.

4. Make an argument

Use persuasive language and techniques to construct your essay. Strong evidence, such as facts and statistics, can also help to strengthen your argument.

5. Edit and revise 

Before you submit your essay, take the time to edit and revise it carefully. 

This will ensure that your argument is clear and concise and that there are no grammar or spelling errors.

6. Get feedback

Lastly, consider asking someone else to read over your essay before you submit it.

Feedback from another person can help you see any weaknesses in your argument or areas that need improvement. 

Summing up, 

Writing a persuasive essay about the death penalty doesn’t have to be overwhelming. With these examples and tips, you can be sure to write an essay that will impress your teacher.

Whether it’s an essay about the death penalty or any other controversial topic, you can ace it with these steps! 

Remember, the key is to be creative and organized in your writing!

Don't have time to write your essay? 

Don't stress! Leave it to us! Our persuasive essay writing service is here to help! 

Contact the team of experts at our essay writing service. We can help you write a creative, well-organized, and engaging essay for the reader. 

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Frequently Asked Questions

What is the most persuasive argument for the death penalty.

The most persuasive argument for the death penalty is that it is a deterrent to violent crime. 

The idea is that by punishing criminals, other potential criminals will be less likely to act out of fear of similar punishment.

How do you start a persuasive speech on the death penalty?

When starting a persuasive speech on the death penalty, begin by introducing and defining the topic. Provide an overview of the controversial issue. 

Outline your points and arguments clearly, including evidence to support your position. 

What are good topics for persuasive essays?

Good topics for persuasive essays include 

  • Whether or not the death penalty is a fair punishment for violent crime
  • Whether harsher punishments will reduce crime rates
  • Will capital punishment is worth the costs associated with it
  • How rehabilitation should be taken into consideration when dealing with criminals.

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Home — Essay Samples — Social Issues — Death Penalty — Against the Death Penalty: A Persuasive Argument for Abolition

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Against The Death Penalty: a Persuasive Argument for Abolition

  • Categories: Capital Punishment Death Penalty

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Words: 919 |

Published: Mar 18, 2021

Words: 919 | Pages: 2 | 5 min read

Works Cited

  • Dieter, R. C. (2010). The death penalty in decline: From error to arbitrariness. Journal of Criminal Law and Criminology, 99(3), 1005-1032.
  • National Coalition to Abolish the Death Penalty. (n.d.). Innocence and the death penalty. Retrieved from https://www.ncadp.org/pages/innocence
  • National Coalition to Abolish the Death Penalty. (n.d.). Costs of the death penalty. Retrieved from https://www.ncadp.org/pages/costs
  • Baumgartner, F. R., De Boef, S., & Boydstun, A. E. (2008). The decline of the death penalty and the discovery of innocence. Cambridge University Press.
  • Bedau, H. A., & Cassell, P. G. (Eds.). (2004). Debating the death penalty: Should America have capital punishment? Oxford University Press.
  • Schabas, W. A. (2013). The abolition of the death penalty in international law. Cambridge University Press.
  • Benjet, C., González-Rodríguez, R., Orellana, Y., Borges, G., & Medina-Mora, M. E. (2007). Descriptive epidemiology of homicide in Mexico: 1990-1999. Bulletin of the World Health Organization, 85(5), 364-371.
  • Bright, S. H. (2009). Counsel for the poor: The death penalty not for the worst crime but for the worst lawyer. Yale Law Journal, 103(8), 1835-1882.
  • Shepherd, J. M. (2017). Serial killers: Evolution, antisocial personality disorder and psychological interventions. Journal of Forensic Psychiatry & Psychology, 28(6), 723-740.
  • Poveda, T. (2014). The death penalty in Latin America: A comparative analysis of the struggle for abolition in Mexico and Colombia. Journal of Latin American Studies, 46(4), 755-781.

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84 Capital Punishment Essay Topics & Examples

If you’ve looked for capital punishment essay topics, you’re in luck! Below, our experts have collected some death penalty title ideas and samples for your paper.

📝 Capital Punishment Essay Writing Tips

✔️ top death penalty title ideas, 🏆 best death penalty essay titles & examples, 💡 most interesting death penalty topics to write about, ❓ capital punishment research questions.

Capital punishment has been a debatable issue for decades. Some people believe that the death penalty plays a crucial role in the criminal justice system, while others think that this procedure is highly unethical.

An essay on capital punishment may be a challenging assignment because students should know much about the subject. Do not worry, we have got you covered! Read this article until the end and learn some important tips on writing capital punishment essays.

Start with choosing the subject for your paper. Here are some capital punishment essay topics that you can use:

  • Capital punishment in the media
  • Crime and punishment in today’s world: Death penalty
  • Capital punishment essay: Arguments against death penalty
  • The legal and ethical implications of capital punishment
  • Capital punishment should be forbidden: Anti-death penalty arguments
  • Why capital punishment may target the poor
  • Death penalty: An issue of life and death

Remember that these are just examples of topics and titles for your paper. You can choose any related capital punishment essay titles. Once you have selected a topic of your essay, you can start working on the assignment. Here are the key points you should use to write an outstanding essay:

  • Study the subject thoroughly. Use reliable sources to analyze the legal and ethical aspects of the death penalty. Select the sources you will use in the paper and remember that they should be credible.
  • A well-developed outline is key. Make sure that your paper includes an introduction, a conclusion, and several body paragraphs.
  • If you are not sure about the structure of your paper, check out essays online to see how they are organized. This step can also help you to see whether the selected problem is relevant. Remember that you should avoid copying the information you will find online. Plagiarism will make your essay look unreliable and get you a bad grade.
  • Remember that you should present your capital punishment essay thesis in the last sentence of your introductory paragraph. Hint: Start working on your introductory paragraph after you research the subject. It will help you to present the background information correctly.
  • Identify the goals of your paper clearly. Do you want to prove your point or provide insight on the issue? Answer these questions before starting to work on your assignment.
  • Define capital punishment. You can discuss its legal implications, its prevalence in different countries, and the offenses that can potentially lead to a death penalty.
  • When working on an opinion piece, state your viewpoint clearly. Do you think that all countries should legalize death penalties? Do you believe that capital punishment is unethical? Do some offenders deserve a death penalty more than others do? Answer these questions in detail.
  • Remember that the purpose of your paper should be to help the reader understand capital punishment better. Your essay should motivate the audience to develop an opinion about the subject.
  • Always support your arguments with evidence. Cite articles in an appropriate style (MLA, APA, Harvard, or other). The best type of sources for your paper is peer-reviewed articles and other scholarly publications.
  • Restate your arguments and the thesis in a concluding section. Provide a summary of your findings along with recommendations for future research.

Need more ideas for your essay? Check out our free samples on the website!

  • Why should the death penalty be abolished?
  • What are some unusual punishments for crimes?
  • Can the death penalty be compared to killing in cold blood?
  • Is life imprisonment more just than the death penalty?
  • Reasons to criticize capital punishment in China.
  • Analyzing A Descending Spiral by Marc Bookman.
  • What are the pros of capital punishment?
  • Executing the innocent people: the issue of mistake.
  • Abolishing the death penalty in Texas.
  • Serial killers sentenced to capital punishment.
  • Death Penalty: Utilitarian View on Capital Punishment Another significant benefit offered by the death penalty to the society is that it leads to the permanent incapacitation of the convicted person.
  • Capital Punishment in the UK Should be Reintroduced? ‘Capital Punishment’ or the ‘Death Penalty’ is the judicially ordered, lawful infliction of death as a punishment for a serious crime called a ‘capital offence’ or a ‘capital crime.
  • Capital Punishment and Deterrence of Crime For the case of murder or crimes that necessitate capital punishment, the incentive to commit murder is directly related to the uncertainties that punishments for the crime will generate.
  • Analysis: Speech In Favor of Capital Punishment by John Stuart Mills Mills rightly points out that the very grounds of humanity used to support the removal of the death penalty should also be the ones used to support retaining of the sentence.
  • Capital Punishment: Advantages and Disadvantages This paper examines death penalty from an impartial view by considering disadvantages and advantages of capital punishment in society. Thirdly, Teeters views that death penalty is a retribution action in which a victim is punished […]
  • Capital Punishment Role in the World However, it is wrong and unjustified because it is inhuman, unfair, violates the human right to life, and it does not aid in reduction of crime.
  • Capital Punishment in Indonesia The government is also known to safeguard the details of capital punishment in the country. The targeted prisoners are “executed in the middle of the night”.
  • Capital Punishment and the Death Penalty Furthermore, the defense and, in the United States, the prosecution has the right of vexatious challenge, which allows it to confront several participants without providing a reason.
  • Capital Punishment Is Morally and Legally Wrong The problem of the death penalty is complex and multifaceted. It affects the political, legal, moral, cultural, and other fields of life.
  • Justifications for Capital Punishment This statement mostly appeals to a general deterrence argument, as the fear of punishment emerged from showing its implementation, but not from other justifications effects.
  • The Significance of Capital Punishment in the UAE Current analysis of the importance of the death penalty worldwide focuses on the advantages and disadvantages of the punishment. The UAE has a mandatory death penalty which is susceptible to the judgment of authorities and […]
  • Capital Punishment: Utilitarianism and Retributivism Theories However, to rule out chances of an innocent person being punished, the theory advocates for justice; before punishment is administered, the court should proof beyond reasonable doubt that the accused is guilty.
  • Capital Punishment Interpretation and Exceptions Under custody, the law applies to cases in which the conditions of custody are compromised and to situations where the suspect is held unfairly. The suspect responded with a yes and this was used as […]
  • Capital Punishment Debates: Death Penalty The capital punishment has been practiced in almost all the societies and all epochs in the development of the mankind. The author educates the society as a whole on litigious issues of the death penalty […]
  • Capital Punishment in Florida The system is erroneous and cases that almost end up in the ‘chair’ are overturned contrary to the expectations of the family members of the murdered.
  • Capital Punishment: Term Definition In that regard, taking such issues such as euthanasia, abortion and capital punishment, the latter can be considered as the most delicate, especially considering many cases that represent exceptions that are feared to be repeated.
  • Capital Punishment – Moral or Immoral? It would not be a futile exercise to interpret capital punishment in the light of religion before proceeding to the subject of my argument. Countries that give importance to such punishments should tone down and […]
  • Capital Punishment in the US Analysis Capital Punishment is the lawful infliction of death as a punishment for a major crime. The first argument against Capital Punishment is that it is inhumane.
  • An Orwellian Look at Capital Punishment His reaction to the actual hanging of a puny Hindu man borders on a strategy of remaining as a detached viewer and subconsciously, his gorge rises at the thought of a human being with a […]
  • Public Opinion on Capital Punishment for Juveniles This essay is a study of the public opinion on Capital Punishment for juveniles, this is a very controversial subject as many people are against Captial punishment, and many are for life imprisonment, capital punishment […]
  • Capital Punishment and Race Factor in the US First of all, it is necessary to briefly discuss the history of race in the U.S.to provide a foundation for the bias and explain its causes.
  • The Controversy Over Capital Punishment It is as a result of this that he concludes that Ford calls for the execution of capital punishment as a penalty in criminal offences.
  • Capital Punishment in Melville’s “Billy Budd, Sailor” One of the reasons for the triumph of Billy Budd, Sailor in America and the United Kingdom, was the precision, with which the author portrayed the historical and cultural context, particularly Melville analyzed both issues […]
  • Capital Punishment, Its Ethics and Infair Justice The main factors leading to differences in stands between the anti-capital punishment and pro-death are the morality and religious issues surrounding the matter.
  • Capital Punishment and Unusual Punishment The issue of capital punishment has always been on the radar of the Supreme Court of the United States. The key question that should be answered is the future of capital punishment and unusual punishment […]
  • Capital Punishment in United States The most compelling argument in support of capital punishment is that failing to execute murderers may in itself put more lives in danger.
  • Debates on Capital Punishment in the US For example, capital punishment is the best punishment for murder because it is equal to the crime. Thirdly, capital punishment is a violation of the human right to life.
  • The Ethical and Legal Standards of Capital Punishment This is one of the details that should be considered. This is one of the pitfalls that should be avoided.
  • Isolation and Capital Punishments On the other hand, capital punishments such as deaths deprives of people the freedom of life and goes against God’s command which disallows intentional killings of persons, or murder. Similarly, capital punishment in the form […]
  • Does the Death Sentence Offer Justice to the Criminal? It is not enough to be locked in prison for ending the life of a fellow human being. Revenge is one of the ways that can be used.
  • The Consequences of Capital Punishment The appeals in the death penalty cases are usually many and cause the social costs of the cases to be even more expensive.
  • Moral Issue of Capital Punishment Capital punishment is also a form of premeditated death as the action is planned for, does it mean that the state has the right to premeditate deaths for some of its citizens because they are […]
  • The Death Penalty Debate in the United States of America The punishment is believed to have been there even at the time of the earlier colonies of the United States; it as well continued to be in force within the states that came to form […]
  • Psychological Aspects of Capital Punishment According to research done by Freedman and Hemenway on a group of death row inmates, it was established that almost a two-thirds of the death row inmates are retarded.
  • The Death Penalty in the Modern Society The cost of maintenance of the convicted individuals is also one of the reasons that necessitate the death penalty. The reaffirmation of the death penalty is also attributed to the teachings portrayed by most religions.
  • Avoiding of Capital Punishment Capital punishment is also unnecessary since there are better ways of punishing criminals such as life imprisonment to keep the society in order and at peace.
  • The Economic Significance of Capital Punishment The survival of any civilization hinges on the establishment of laws and codes of conduct and the subsequent obeying of the same by the society’s members.
  • Capital Punishment in Modern American History: Lists of Capital Crimes That Varied From Region to Region Politicians are frequently trying to expand the scope of capital punishment by bringing in a host of crimes under it.”The US public has deep concern over violent crimes due to the cynical manipulation of capital […]
  • Analysis of Capital Punishment in the Films Those for the death penalty in the movie are represented by Ramunda who becomes a strong advocate for the death penalty and in many instances, is a counterpart of Cushing.
  • Capital Punishment Legislation The main reasons that opponents of the death penalty give for their position are, the fact that the death penalty is inhumane and cruel.
  • Capital Punishment as an Option in Maryland Death penalty is the most serious punishment that can be used by the government against people; and even if it costs less then keeping a person in jail till the end of his/her life and […]
  • Capital Punishment in Political View This is because quiet a number of the abolitions have been associated with democratic developments in political systems of the countries that have abolished the penalties. Conservatives have in the United States been strongly opposed […]
  • Capital Punishment: A Critical Evaluation of Its Appropriateness in Modern Society In line with the above argument, supporters of capital punishment argue that the practice permanently removes thieves, murderers, rapists, and other criminals from the face of society, in the process making it safer for compliant […]
  • Capital Punishment: Proponents and Opponents Arguements The opponents of capital of capital punishment argue that it is not a just and humane way of punishing heinous criminals in the society because everybody has right to life.
  • What Does Capital Punishment Mean in History?
  • How Can Death Penalty Prevent Repeat Offenders?
  • Why Should Capital Punishment Be Reinstated in Australia?
  • How Objective and Justifiable Are Our Reasons for Enforcing the Death Penalty?
  • Does Capital Punishment Have a Deterrent Effect?
  • How Has the Death Penalty Changed Over Time?
  • What Is Wrong With Capital Punishment?
  • Should Federal Courts Review State Death Penalty Cases?
  • Can Capital Punishment Ever Be Justified?
  • Should the Death Penalty Apply to Juvenile Criminals?
  • Does the Death Penalty Breach Human Rights?
  • Can Capital Punishment Keep Us Safe?
  • Should the Death Penalty Be a Part of the System of Justice?
  • Does Capital Punishment Equate to Cruel and Unusual Punishment?
  • Should the Death Penalty Be Enforced?
  • How Does Capital Punishment Affirm Life?
  • Should the Death Penalty Be Imposed for Drug Offences?
  • Does Capital Punishment Have a Local Deterrent Effect on Homicides?
  • Should the Death Penalty Be Mandatory for Homicide?
  • How Does Capital Punishment Work in the United States?
  • Should the Death Penalty Be Morally Acceptable?
  • Does Race Affect the Way of Capital Punishment?
  • What Crimes Are Charged With Death Penalty?
  • Does the Capital Punishment Have a Role in Civilized Society?
  • Why Should Capital Punishment Be Abolished?
  • What Effects Does the Death Penalty Cause on Society?
  • How Does Legislation Help to Prevent Racial Bias in Death Penalty Convictions?
  • Is the Death Penalty Fair?
  • Does Jodi Arias Deserve the Death Penalty?
  • What Attitudes Might Christians Hold About Capital Punishment?
  • Chicago (A-D)
  • Chicago (N-B)

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1000-Word Philosophy: An Introductory Anthology

1000-Word Philosophy: An Introductory Anthology

Philosophy, One Thousand Words at a Time

The Death Penalty

Author: Benjamin S. Yost Category:  Ethics , Social and Political Philosophy Word Count: 992

The death penalty—executing criminals, usually murderers—is more controversial than imprisonment because it inflicts a more significant injury, perhaps the most serious injury, and its effects are irreversible. [1]

Some advocates of the death penalty, or capital punishment , argue that it is justified because murder is so bad that death is the only appropriate response. Others defend capital punishment on the grounds that it has important benefits for society.

This essay surveys both types of arguments and critical responses.

The “death chamber” at the Texas Department of Criminal Justice Huntsville Unit.

1. Deontological Justifications

Deontological defenses of capital punishment see execution as a morally “fitting” response to murderers’ horrible deeds. [2] There are two main varieties.

1.1. Retributivist Justifications

The idea that punishments should be equal in severity to their crimes underlies retributivist defenses of capital punishment. Retributivists argue that execution is justified because it matches the badness or wrongness of murder—i.e., it is a proportionate punishment for murder. [3]

How is proportionality established? “Eye for an eye” principles suggest that execution is proportional to murder because it involves the same kind of act (killing). [4] More sophisticated approaches begin with the idea that life is uniquely valuable: it is the precondition of everything else good for someone. Because being murdered prevents the victim from having any valuable experiences, murderers are punished too lightly if they can enjoy even the limited goods life in prison allows. [5]

1.2. Purgative Justifications

Some argue for a duty to purge exceptionally evil offenders from society by executing them. [6] On this view, the continued existence of such offenders morally stains society: by expending resources on them, society takes on responsibility for their violation of human dignity. Execution dissolves that responsibility. [7]

2. Consequentialist Justifications

Many defend the death penalty not as a response to criminals for their past evil deeds, but by arguing that executing murderers produces better overall social consequences than not doing so. [8] Two consequences are frequently discussed.

2.1. Deterrence

Common sense suggests that the fear of being executed prevents, or deters , potential murderers from killing. For deterrent justifications of capital punishment, the beneficial consequences of executions—innocent lives saved—outweigh the costs to the legal system and the executed person. [9]

2.2. Incapacitation

Deterrence is about reducing murder rates overall. Incapacitation aims at preventing specific offenders from reoffending: some murderers might be so dangerous, only death ensures they won’t kill again. [10]

3. Criticisms of Deontological  Justifications

Let’s consider some objections to the above arguments.

“Eye for an eye” retributivism seems to mandate immoral punishments like raping rapists or torturing torturers.

Proportionality-based retributivism also faces challenges. Capital punishment is sometimes judged to be disproportionately harsh because murderers suffer from prison time, from knowing their execution date, and from losing their lives, whereas murder victims only lose their lives. [11] More often, critics argue that life in prison, the longest sentence possible, is just as proportionate as execution and less morally controversial. [12]

4. Criticisms of Consequentialist Justifications

Deterrence theorists presume that execution is more “persuasive” than imprisonment. But researchers have found no evidence of execution’s marginal deterrent effect—i.e., a deterrent impact on murder rates exceeding that of imprisonment . [13] It is not enough for proponents to show that execution deters murder. Execution must deter murder better than imprisonment for its costs to be justified. [14]

An objection to both theories is that they permit punishing people for actions they didn’t perform. [15] Most believe that only those guilty of criminal acts should be punished. But deterrence theories could allow executing the innocent: if executing an innocent person would prevent future murders and authorities could keep her innocence secret, the benefits would plausibly outweigh the costs and deterrence theories would support killing her. [16] And incapacitation theories punish offenders for what they might do in the future, rather than any wrongs actually committed. [17]

5. General Objections to Capital Punishment

Death penalty abolitionists raise a number of general objections to capital punishment. 

5.1. The Right to Life

Abolitionists argue that execution violates murderers’ inviolable right to life.

Advocates respond that offenders forfeit their right to life by committing murder. And assertions of an absolute right to life have the implausible consequence of prohibiting killing in justified self-defense.

5.2. Dignity

Dignity arguments against capital punishment focus on whatever basic human capacity (e.g., rationality) imparts dignity , that in virtue of which persons are owed respect. Actions that violate dignity, like torture, are widely condemned. Abolitionists argue that because execution destroys the capacity for dignity, it violates dignity and is thus immoral.

Advocates question whether eliminating the condition of some valuable feature actually offends against that feature: e.g., killing people annihilates their ability to practice religion, yet it’s odd to characterize execution as violating religious freedom.

5.3. Procedural Problems

Capital punishment is often rejected on account of flaws in the legal procedures leading to death sentences. Some reject the death penalty in practice for these procedural reasons, even though they believe it is justified in theory .

5.3.1. Arbitrariness

In the U.S., capital juries may sentence a convicted murderer to life in prison, instead of execution, for almost any reason whatsoever. There is little consistency in who is sentenced to death and who is sent to prison, and so the death penalty is condemned as being intolerably arbitrary. [18]

5.3.2. Discrimination

One pattern in capital sentencing is that those who murder white people are more likely to be sentenced to death than those who murder black people (blacks who murder whites are the most likely to face execution). [19] It can seem deeply unfair, if not racist, for the likelihood of a death sentence to depend on racial factors. [20]

Death penalty advocates respond by insisting that what an individual murderer deserves is unaffected by how other murderers are treated. They add that arbitrariness and discrimination are reasons to reform , not abolish, sentencing procedures.

5.3.3. Irrevocability

If someone is wrongly executed—either because she is innocent, or subject to procedural injustice at trial—there is no way to right the wrong. Some abolitionists argue that because a just state is obliged to undo its serious mistakes, it mustn’t impose irrevocable punishments like the death penalty. [21], [22]  

6. Conclusion

Retributivist justifications dominate contemporary politics, but have recently suffered some legislative defeats to proceduralist arguments. [23] Determining whether practical worries about capital punishment trump concerns about potentially treating murders too leniently is thus of great legal and moral significance.

[1] For a general introduction to the debates about what justifies punishments in general and what makes particular punishments appropriate, see Theories of Punishment by Travis Joseph Rodgers.

In the U.S., twenty-nine states, the federal government, and the military allow for the death penalty. State and federal death rows are populated solely by murderers and accomplices to murder. Some states and the federal government permit execution for treason and other crimes, but these laws have never been tested in court.

Fifty-five other countries permit capital punishment, while more than one hundred nations have abolished it or no longer use it. In countries with an active death penalty, death-eligible crimes include kidnapping, drug trafficking, treason, and sexual immorality. For detailed information on capital punishment by U.S. state and country , see the Death Penalty Information Center .

[2] Deontologists see murder as the only crime for which capital punishment is appropriate, because murder is uniquely bad, and so only murderers deserve death.

[3] Proportionality is sometimes called commensurability . Some retributivists claim that proportionate punishments are justified because they give wrongdoers what they deserve.

[4] The “eye for an eye” principle is called the lex talionis. The most famous lex talionis defense of the death penalty can be found in Immanuel Kant’s Metaphysics of Morals, vi: 332–333. For more on Kant’s view, see Yost (2010). For an introduction to Kant’s ethics see Deontology: Kantian Ethics by Andrew Chapman.

[5] Sorell (1993).

[6] The purgative rationale applies only to extraordinarily evil offenders, not to garden-variety first-degree murderers (Kramer 2011). That is, it applies only to people like Adam Lanza, the Sandy Hook Elementary School shooter, who in 2012 shot to death twenty six- and seven-year old students and six school staff.

[7] These purgative theorists regard executing evil offenders as morally obligatory , whereas retributivists typically consider it merely permissible .

[8] See Shane Gronholz’s Consequentialism for discussion of the ethical theory known as “consequentialism” that these arguments often depend on.

[9] John Stuart Mill defends capital punishment in these terms (1868).

[10] This rationale best applies to countries other than the U.S., which has invested in technologically advanced maximum-security prison divisions, where inmates are (inhumanely) restricted to solitary confinement and under constant supervision.

[11] Camus (1963).

[12] Bedau (2002); Finkelstein (2002). Critics of retributivism as a general theory of punishment often raise a related objection: it is hard to know how much punishment to assign to a given offense. Does armed robbery merit a year in jail? A year and a month? A year and one hundred days? 

[13] State of the art research neither establishes nor disproves a marginal deterrent effect; see Nagin and Pepper (2012).

[14] Although the cost varies from state to state, the price for executing a murderer in the U.S. is always higher than keeping him in prison for life.

[15] Pure deterrence theories can be contrasted with two-level theories. Two-level theories of punishment endorse deterrence as the general justifying aim of punishment, but maintain that the determination of who and how much to punish is governed by retributive principles (see, e.g., Hart 1968). These views sidestep the innocence objection, but inherit the problems of deontological approaches.

[16] A related worry is that deterrence theories condone execution for crimes far less serious than murder: if executing one or two burglars would eliminate property crimes, deterrence rationales might allow such a punishment.

[17] See, e.g., Nadelhoffer, et al . (2012).

[18] See Justice Blackmun’s dissent in Callins v. Collins . For a more philosophical approach, see Nathanson (2001).

[19] Poor people are more likely to be executed than well-off people, though the research on this comparison is scant. But when we consider that litigating capital cases is difficult and time-consuming, and poor defendants must rely on overworked public defenders, many of whom have no experience with capital trials, the consequences seem clear. For harrowing stories of how bad lawyering leads to death sentences, see Bright (1994).

[20] Cholbi (2006).

[21] Yost (2019).

[22] The irrevocability of execution is, however, philosophically controversial. Davis argues that authorities can compensate a wrongly executed person by advancing her interests or values (1984). For example, the state could send her son to college or donate five million dollars to her favorite charity. Davis concludes that compensation of this sort counts as revoking the wrongful execution.

[23] For example, in 2018 the Washington Supreme Court struck down the death penalty , citing its arbitrary and discriminatory nature.

Callins v . Collins . 510 U.S. 1141. U.S. Supreme Court, 1994.

Bedau, Hugo (2002). “The Minimal Invasion Argument against the Death Penalty.” Criminal Justice Ethics 21 (2): 3-8.

Bright, Steven (1994). “Council for the Poor: the Death Penalty Not for the Worst Crime but for the Worst Lawyer.” Yale Law Journal 103 (7): 1835-83.

Camus, Albert (1963). “Reflections on the Guillotine.” Resistance, Rebellion, and Death. New York: Modern Library.

Cholbi, Michael (2006). “Race, Capital Punishment, and the Cost of Murder.” Philosophical Studies 127: 255-282.

Davis, Michael (1984). “Is the Death Penalty Irrevocable?” Social Theory and Practice 10 (2): 143-156.

Finkelstein, Claire (2002). “Death and Retribution.” Criminal Justice Ethics 21 (2): 12-21.

Hart, H.L.A. (1968). Punishment and Responsibility: Essays in Legal Philosophy. Oxford: Oxford University Press.

Kramer, Matthew (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences. Oxford: Oxford University Press.

Mill, John Stuart (1868). “Speech in Favor of Capital Punishment.”

Nagin, Daniel, and John Pepper (2012). “Deterrence and the Death Penalty.” National Research Council. Washington, D.C.: The National Academies Press.

Nadelhoffer, Thomas, et al. (2012). “Neuroprediction, Violence, and the Law: Setting the Stage.” Neuroethics 5 (1): 67-99.

Nathanson, Stephen (2001). An Eye for an Eye : The Immorality of Punishing by Death. Lanham, MD: Rowman & Littlefield.

Sorell, Tom (1993). “Aggravated Murder and Capital Punishment.” Journal of Applied Philosophy 10 (2): 201-213.

Yost, Benjamin S. (2010). “Kant’s Justification of the Death Penalty Reconsidered.” Kantian Review 15 (2): 1-27.

Yost, Benjamin S. (2019). Against Capital Punishment. New York: Oxford University Press.

For Further Reading

Hoag, Robert. “Capital Punishment.” Internet Encyclopedia of Philosophy .

Related Essays

Theories of Punishment by Travis Joseph Rodgers

Is Death Bad? Epicurus and Lucretius on the Fear of Death by Frederik Kaufman

Deontology: Kantian Ethics by Andrew Chapman

Consequentialism by Shane Gronholz

Philosophy and Race: An Introduction to Philosophy of Race  by Thomas Metcalf

Philosophy of Law: An Overview  by Mark Satta

Moral Luck  by Jonathan Spelman

Hell and Universalism  by A.G. Holdier 

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Download this essay in PDF . 

About the Author

Benjamin S. Yost is Professor of Philosophy at Providence College and Adjunct Professor of Philosophy at Cornell University. His specializations include the philosophy of punishment and Kant’s practical philosophy. His book Against Capital Punishment was published by Oxford University Press (2019), and he has a co-edited volume titled The Movement for Black Lives: Philosophical Perspectives forthcoming from Oxford. His papers appear in journals such as Utilitas, Journal of the American Philosophical Association, Kantian Review, and Continental Philosophy Review . www.benjaminsyost.net

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Expository mla-style essay on the death penalty.

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The death penalty is a highly controversial practice in modern times. While many governments have outlawed it, some  practice capital punishment on the state level. This sample expository essay  explores those governments and how the death penalty plays a part in society.

The United States is more or less the only advanced nation on the planet that still has the death penalty as a component of its judicial system. The first part of this essay will provide a conceptual definition of the death penalty. The second part will then consider arguments against the death penalty, and the third part will consider arguments for the death penalty. Finally, the fourth part will engage in a considered reflection on whether the death penalty meets pragmatic needs within society, especially in relation to the concept and practice of vigilante justice.

Conceptual definition of the death penalty

The death penalty can be defined as the legal practice of executing (or putting to death) a person who has broken the laws of society in certain ways. In principle, any crime could be punished by the death penalty (as it is in the U.S. Constitution and legally available as a remedy). For example, until recently in China, it was legal, albeit seldom actually done, to put people to death for economic crimes such as:

"tax fraud, the smuggling of cultural relics or precious metals, tomb robbing and stealing fossils" (paragraph 4).

Likewise, throughout the history of much of Europe, it was fairly common to consider it justifiable to punish certain forms of theft by death. As the world grew more modern and civilized, however, nations increasingly abolished the death penalty for all but the crime of murder and perhaps also of rape; and many nations, especially the nations of Europe, abolished the death penalty altogether, making life in prison the most severe punishment that could be given to any purpose, regardless of his crime.

U.S. slow to join Europe in abolishing death penalty

While the ethicality of the death penalty is debatable , The United States, is a highly developed modern nation that still has the death penalty as a part of its judicial system—or at least, it leaves the decision up to the individual states of the nation, which means that the death penalty has not been outlawed at the federal level. Many advocacy groups, including Amnesty International , have considered this a travesty and argued that the United States should join the rest of the civilized world in doing away with the death penalty once and for all. Yet, other stakeholders within the United States and beyond insist that the death penalty fulfills an essential function within the fabric of the judicial system and that it would be a grave error to do away with this aspect of criminal justice altogether in the name of high idealistic considerations. The present essay will now turn to a consideration of arguments against and arguments in favor of the death penalty.

Argument against the death penalty

One of the most compelling arguments against the death penalty as mentioned in a previous blog from Ultius , probably consists of the fact that its application is not always accurate: that is, it is possible that death penalty could be applied against an innocent person, and that people may not find out about this mistake until it is too late. The relevant statistical data on this subject, as well as actual cases of people having been given the death sentence only to be pardoned later on the basis of further evidence, strongly suggest that the number of innocent people being executed for capital crimes they did not commit is in all likelihood considerably higher than anyone knows or would even want to imagine (Pilkington). It is such a consideration, for example, that led former Illinois governor to commute the sentences of all the inmates on his state's death row:

"Condemning the capital punishment system as fundamentally flawed and unfair, Gov. George Ryan commuted all Illinois death sentences today to prison terms of life or less, the largest such emptying of death row in history" (Wilgoren).

The main idea was that if even one mistake could be made in one case, then the entire system itself must surely be condemned as untenable.

Inability to apply uniform punishment

The above discussion points toward the fact that it would be more or less impossible to systematically apply the death penalty in an accurate way that is protected from human error, which implies that it would be problematic to apply the death penalty at all; this could be called the pragmatic case against the death penalty. It is also possible, though, to make a moral case against the death penalty, based on the inherently problematic nature of the practice itself, irrespective of whether it could or could not be applied in an accurate way. The main point here would be that the applying the death penalty against any human being at all, even someone who has been absolutely confirmed to be a murderer, would be a grotesque violation of all moral standards and completely unbecoming of a civilized society.

The writer Camus, for instance, has eloquently argued that the very idea of the death penalty—according to which a man is told that he will for certain die at a certain appointed day and hour, in accordance with the workings of a bureaucratic apparatus—is far more cruel than the relatively random way in which the murderer may have taken another human life in the first place. Camus not only feels the death penalty is unjust , he has suggested that this is tantamount to a form of psychological torture that was likely never experienced by the original victim himself, and that the punishment of the death penalty is thus out of proportion with the nature of the crime committed. Of course, it can also be simply argued that two wrongs do not make a right, and that by murdering someone who himself has committed murder, one merely contributes to the perpetuation of an ongoing cycle of violence. If the baseline moral premise is that no person should kill another person, then it is surely also true that society as a whole would not be exempt from this law, insofar as society itself is nothing other than an amalgamation of actual persons.

Arguments for the death penalty

The main argument in favor of continued use of the death penalty surely consists of the sheer emotional appeal of the practice. In the abstract, it is perhaps easy for anyone to speak of forgiveness and moving on, with respect to the crimes committed by a murderer. However, if a criminal were to directly hurt a given person's loved ones, then that person would almost certainly want to see blood; in such a situation, it would seem to be emotionally self-evident that there is no possibility of talking about forgiveness until after justice has been dealt (justice in the sense that the person cannot repeat the crime). There would seem to be a direct, immediate justice in people being allowed to punish those who have hurt their loved ones; and the practice of the death penalty could then be understood as simply an extrapolation of this basic principle to the societal level. Although one would perhaps discourage a murder victim's family member from pursuing vengeance, one would likely also not condemn that person for wanting to pursue vengeance. Something similar could perhaps be said about the practice of the death penalty.

In short, then, the death penalty could be justified on the grounds of emotional catharsis . For example, Rosenbaum has quoted Foreman, the father of a murder victim who now faces the impending release of the murderer from prison, as having stated the following:

"If this man is released anywhere in my vicinity, or if I can find him after the fact, I do intend to kill this man" (paragraph 10).

Considering that these are the words of a father whose young son was brutally murdered, it would be difficult for most to not sympathize with the basic ethos expressed in that statement. The death penalty could then be justified as the official vindication of such basic feelings of loyalty, pain, and vengeance: it is the doctrine that someone who has committed the ultimate crime also deserves the ultimate punishment; it is the doctrine that society no longer has moral obligations to a person who has violated the social contract in such a final way.

Pragmatic reflection on capital punishment

The quote by Foreman (the father of a murder victim) above calls attention to the rather intriguing concept of vigilante justice. That is, in the absence of the death penalty, it is quite plausible that at least some of the family members of murder victims would likely take it upon themselves to mete out final justice to the criminal who hurt their loved ones. it is a moral tragedy regardless of how you look at it. Moreover, it is not clear that such persons should be condemned for society for having taken such a course of action upon themselves; indeed, there would even seem to be something intrinsically morally appropriate about such a form of vigilante justice becoming an acceptable mode of retribution for the crime of murder. However, the implications of this would clearly be frightening, at the pragmatic level; and it is close to impossible to imagine a modern civilized nation seriously considering the integration of vigilante justice into its criminal justice system.

Aside from this, though, it is perhaps also worth considering whether any form of vengeance against a murderer really does produce the kind of catharsis that it is expected to produce. The research evidence in this regard would seem to point toward the negative. As Jason Marsh from CNN has indicated ,

A 2008 study published in the Journal of Personality and Social Psychology found that people who were taken advantage of financially by someone else though they would feel better if they exacted revenge. In fact, punishing the offender actually made them feel worse, apparently because meting out a punishment caused them to think about the offender more and dwell on the negative incident . (paragraph 9)

In other words, vengeance would seem to a paradoxical emotion that does not necessarily have the effects that it is expected to have. For most people, vengeance would not seem to produce an emotional catharsis that causes them to feel that the crime has been avenged; rather, it merely makes them feel confused and/or empty inside; and it definitely causes them to dwell on some of the darkest moments of their lives.

Finally, it is worth reiterating that given that the implementation of the death penalty cannot be done with perfect accuracy, it would be pragmatically impossible to hold on to the practice in a way that is congruent with basic principles of justice. Among other things, the very idea that an innocent person could be executed for a crime he did not commit is intolerable within a just and civilized society; and given the nature of human error, such a risk will always necessarily exist. This risk would perhaps be somewhat diminished in the case of vigilante justice. And indeed, if retribution for murder were to be an accepted part of the justice system, then vigilante justice would seem to have several moral advantages to the death penalty, chief among which are personal responsibility for vengeance, lack of abstraction, and acknowledgement that murder as punishment is always a more or less extra-judicial solution and could never be an integrated part of the legal code of moral and civilized society.

Review of the death penalty debate

This essay has defined the concept, considered arguments both against and for the use of the death penalty, and engaged in a pragmatic reflection regarding the death penalty and its effects. A key conclusion that has been reached here is that given the impossibility of guaranteeing the systematic accuracy of the death penalty, it is pragmatically unfeasible for the United States to hold on to this practice in a way that would be in line with principles of justice (even if the assumption were to be made that there is nothing intrinsically wrong with the practice). The feelings of the loved ones of murder victims are surely justified; but one way or the other, implementation of the death penalty likely will not give them the closure they want.

Works Cited

Amnesty International. "End Capital Punishment." 2016. Web 29 Mar. 2016.http://www.amnestyusa.org/our-work/campaigns/abolish-the-death-penalty.

Camus, Albert. Resistance, Rebellion, and Death: Essays . New York: Vintage, 1995. Print.Hogg, Chris. "China Ends Death Penalty for 13 Economic Crimes." BBC. 25 Feb. 2011. Web.29 Mar. 2016. http://www.bbc.com/news/world-asia-pacific-12580504

Marsh, Jason. "Does the Death Penalty Bring Closure?" CNN . 20 May. 2015. Web. 29 Mar. 2016. http://www.cnn.com/2015/05/20/opinions/marsh-tsarnaev-forgiveness/.

Pilkington, Ed. "US Death Row Study: 4% of Defendants Sentenced to Die Are Innocent." Guardian . 28 Apr. 2014. Web. 29 Mar. 2016. http://www.theguardian.com/world/2014/apr/28/death-penalty-study-4-percent-defendants-innocent

Rosenbaum, Thane. "Justice? Vengeance? You Need Both." New York Times . 27 Jul. 2011. Web. 29 Mar. 2016. http://www.nytimes.com/2011/07/28/opinion/28rosenbaum.html?_r=0

Wilgoren, Jodi. "Citing Issue of Fairness, Governor Clears Out Death Row in Illinois." New York Times . 12 Jan. 2003. http://www.nytimes.com/2003/01/12/us/citing-issue-of-fairness-governor-clears-out-death-row-in-illinois.html.

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Persuasive Essay

Persuasive Essay About Death Penalty

Last updated on: Jan 2, 2024

Crafting a Compelling Persuasive Essay About Death Penalty

By: Donna C.

Reviewed By: Jacklyn H.

Published on: Jan 27, 2023

Persuasive Essay About Death Penalty

Writing a persuasive essay about the death penalty can be difficult. You want to make sure that your argument is convincing and well-reasoned. 

It's important to get your persuasive essay about death row right because it's a topic that people feel passionately about. 

You don't want to risk alienating your readers with a poorly written argument.

We can help you write an excellent persuasive essay about the death penalty. Our experienced writers know how to craft an argument to persuade your readers.

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Persuasive Essay About Death Penalty

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What is a Persuasive Essay? 

A persuasive essay is used to convince a reader about a particular idea or focus that you believe in. Your persuasive essay could be based on anything about which you can make a clear argument.  

Whether you're arguing against junk food at school or petitioning for the removal of the death penalty, persuasive skills are essential. 

When writing a persuasive essay, you need to think about what kind of evidence can support the death penalty argument. 

Depending on your topic, this could include facts and data, examples from real life, or quotes from experts. 

You want to convince them that your opinion is the one that matters most. After all, persuasion is at the heart of any successful essay. 

So make sure you research and think carefully about presenting your argument! 

Take a look at these persuasive essay topics and select the one that interests you the most!

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Persuasive Essay About Death Penalty Examples

The death penalty is a highly controversial and polarizing topic. It is an issue that has been debated for centuries, with passionate advocates on both sides of the debate. 

Unfortunately, there are still many countries in the world that practice capital crimes. This raises some very important ethical and moral questions for society. 

One of the best ways to share their opinions is through persuasive essays. You can use the following essay samples as inspiration for writing an essay.

Example of a Persuasive essay about death penalty

Persuasive essay about death penalty in the Philippines

Short Persuasive essay about death penalty

Persuasive essay about death penalty should be abolished

The death penalty pros and cons essay

Argumentative Essay About Death Penalty Examples

In some countries, death penalties are still used as capital punishment to deter crimes. 

However, there are also many people who argue that the death penalty should be abolished because it's inhumane.

The easiest way is to convey your thoughts through an argumentative essay. Check out these examples to see how you can structure your arguments.

Argumentative essay about death penalty in the Philippines

Argumentative essay about death penalty with introduction body conclusion

Argumentative essay about death penalty should be abolished

Argumentative essay about death penalty conclusion

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Frequently Asked Questions

What is the most persuasive argument for the death penalty.

When it comes to the death penalty, few arguments are as persuasive as this: 

"Innocent persons have been put to death before - and it might continue to happen unless we do something about it". 

That's why proponents of the death penalty often bring up the concept of "just deserts." This asserts that those guilty of a heinous crime deserve to receive a cruel and unusual punishment. 

How do you start a persuasive speech on the death penalty?

You can start a persuasive speech through a hook statement, this will help pique the listeners attention. However, be sure to avoid biasness.   

To start, establish why the audience should care about this. Present facts that highlight how unjust form of punishment it is.

What are good topics for persuasive essays?

Here is a list of inspiring persuasive essay topics:

  • Should people be punished for the crimes committed in rage?
  • Should unjustly arrested people be sentenced to death without getting the benefit of doubt?
  • Should government-funded jails in the United States stop considering a death penalty as morally just? 
  • Do the wrongly executed people deserve an eye for an eye? 
  • Is gun control necessary in society today?  

Donna C.

Law, Education

Donna writes on a broad range of topics, but she is mostly passionate about social issues, current events, and human-interest stories. She has received high praise for her writing from both colleagues and readers alike. Donna is known in her field for creating content that is not only professional but also captivating.

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Argumentative Essay on Against the Death Penalty

In the United States criminal justice system when a human being takes the life of another human being there are roughly two options for consequences; Life in prison with no possibility of parole or the death penalty. So, in regard to the death penalty, morality can define what justice may to be in a criminal punishment. Individuals who believe it is morally right to put an individual to death over a horrendous crime support the retentionist argument for the death penalty. Individuals who believe it is morally wrong to kill an individual, despite the crime committed are in support of the abolitionist argument of the death penalty. In the United States, there are thirty-one states in support of the death penalty and remaining nineteen states are against the death penalty law. As the death penalty can be a controversial topic is it important to consider all possible factors. The best approach to the death penalty is the principle of human dignity.

The principle of human dignity is an argument in abolishing the death penalty. The principle of human dignity presents an argument that gives all individuals equal rights regardless of decisions made in a criminal act. The principle of human dignity is an argument that a human being, in virtue of just being a human or person has intrinsic worth. This argument means that a human being is a human being and should always be treated as one. No matter the crime committed, one does not forfeit their right to life even if they have taken one. This argument in abolishing the death penalty can agree with tortures should not be tortured, drunk drivers not being hit with a vehicle, and individuals who are accused of arson should not be set on fire. The consequences for those crimes are excessive; the same thing occurs when in regards of the death penalty. When placing the idea of an eye for an eye on various crimes is seems extreme and unnecessary. A life for a life is excessive. Criminals do forfeit some rights to life, but not all rights to life. Punishments will happen for individuals committing these crimes, but there are punishments that fit the crimes being committed. For example, life in prison with no possibility of parole fits the punishment of first degree murder.

The principle of human dignity directly goes directly against the element of reciprocity. The element of reciprocity explains that we can forfeit our rights by our own actions. If a person violates someone’s right to life, this murderer forfeits his or her right to life. The argument claims the state is not taking anyone’s right away because if one took a life of someone else, they do not have a right themselves. The human dignity argument has the idea that human dignity should always be reserved. Human rights are given to an individual when born should be modified when committing crimes but never forfeited.

The principle of human dignity attempts to portray a message to lead individuals to believe that ending someone’s life says, a person doesn’t have any worth or value left. Individuals should never lose their respect for human dignity. Good or bad actions, all humans have emotions and can feel pain; at somewhat the same level. Individuals who do not agree with the principle of human dignity are in support of the death penalty. There are many factors that morality support the death penalty. Supports are in favor of taking the life of someone who committed a horrendous crime; a life for a life. Individuals who do not agree with the human dignity argument may attempt to argue that the death penalty is an effective consequence because it deters other criminals from committing the crimes. Continuing, it may be argued that the death penalty can show society its moral outrage at unpleasant crimes. Resulting in a decrease in the crime rates. Although this seems efficient, an individual who commits a crime already knowing the consequences. Life in prison with no possible chance of parole is enough to deter an individual of a crime who does not want to seek punishment.

Other supporters of the death penalty derive more from government than society. The government is considerably more in favor of the death penalty because of the costs. It is much cheaper in today’s economy to eliminate the criminals with the death penalty rather than to pay for them to live their entire life in prison. This argument is important to the government because it saves the government more money. Rather than having an inmate in prison and maintain the funds to support these prisoner’s lives, the government would rather choose to execute the criminals. Morally, this is the most incorrect argument regarding the death penalty. No amount of money is equivalent to the life of a human being. Not only is the death penalty decreasing the value of a human being’s life, it is putting the cost and expenses of keeping individuals alive, above their rights to life.

The death penalty is the wrong consequence more many reasons. Although, individuals are rarely put to death for crimes they did not commit, it does happen. To avoid wrongfully killing an individual for a crime they did not commit, the death penalty should not be used a punishment. Technology continues to advance every day. Scientist are figuring out new technology and experiments as we speak. If new advances in technology (regarding the criminal justice system) were to be discovered and the death penalty was not implemented, an individual would gain their rights and freedom back. A wrongfully committed individual can be released from prison, not brought back to life. Not all, but some crimes can be justified.

Although the death penalty has been used for thousands of years to punish criminals, in today’s society it is not as effective. The death penalty is such a controversial topic there will never be a correct answer. The arguments are all based on morals and views. Although there is no correct answer, there is a better answer. The human dignity argument gives all humans, equal rights; regardless is one made a criminal mistake or not. All humans have human dignity.

Capital Punishment Essay

J.R.R Tolkien once said, “many that live deserves death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement.” The death penalty should be repealed because it’s very stressful for those involved, it is extremely expensive, and it has convicted innocent people.

One reason why the death penalty should be illegal is because it’s very stressful for those who are involved. According to Berman there were several officials begging for them to change the pace of executions because it imposes stress and trauma (Berman). This proves that carrying out several executions can take a severe toll on correction officers wellbeing. Berman states, “In a state review, authorities wrote that the execution team placed the IV incorrectly and that the officers involved described a feeling of extra stress and urgency because a second execution was scheduled for the same night” (Berman). This also proves that when there’s back to back executions scheduled it can stress the correction officers out and they can get nervous and mess up on something. In “With Lethal Injection Drugs Expiring” Berman states, “‘How can you expect them to do something of this magnitude? It’s rough,’ Givens who executed 62 people and now opposes the death penalty, said Friday. ‘I know the effect it can have on you when you participate in execution… It takes a while to really come out of that” (Berman). This proves that when working as a correction officer and you have to execute people it can be very traumatic and hard to get over which causes stress.

Another reason why the death penalty should be repealed is because it is extremely expensive. According to Jones and Eder, California had spent more than $8 billion on capital punishment since it was reinstated in 1928 (Jones and Eder). This proves that the states are spending billions of dollars just to execute people when that money could be going towards something more beneficial. Jones and Eder states, “The cost of housing a death row inmate outpaces the cost of housing a general-population prisoner by $100,000 a year, primarily because death- row inmates are housed alone instead of two-a-cell, and they require a higher level of security” (Jones and Eder). This proves that the cost of housing just one single death row inmate is very expensive. If housing just one is millions of dollars, than imagine how much money it is when housing multiple. In “Costs Test Backing For Death Penalty” Jones and Eder states, “The Alarcon study concluded jury selection alone in capital cases cost more than $200,000 above the amount for life without parole an that the death penalty prosecutors can cost 20 times as much as life-without parole” (Jones and Eder). This shows that capital cases cost a lot of money and is very expensive. It cost way more than it would cost if it was just life without parole.

Another reason why the death penalty should be repealed is because it kills innocent people. In the article “Time to Question Sanity of Death Penalty” Phillip Holloway states, “A study last year found that, at a conservative estimate, ‘more than 4% of inmates sentenced to death in the united states are probably innocent.’ indeed, there have been 330 executions based on DNA alone” (holloway). This quote proves that over 100 people has been put on death that are innocent. According to Holloway there was this man name Henry McCollum, who was in prison for 30 years on death row for the murder of an 11 year old girl which evidence showed that he did not do. This case proves that some death row cases are unfair and they convict innocent people. His whole life is thrown away over something he didn’t do which is unfair. Holloway states, “Some of the inmates appear to suffer from intellectual impairment and outlining qualms about the legal representation the men have had” (Holloway). People who don’t know better are put to death row, and many of them suffers disabilities and intellectual impairment. Why would you want to kill someone who suffer mental illnesses and doesn’t know better?

Even though many people feel that the death penalty should be abolished, there are many people who support it. People who support the death penalty says it saves lives. According to David Muhlhausen, “Professors Hashem Dezhbakhsh, Paul R. Rubin, and Joanna M. Shepherd of Emory University found that each execution, on average, results in fewer murders” (Muhlhausen). This can be proven wrong because according to Kyle Gibson, prison homicides have increased in the past year from 39 to 55, or a 44% increase (Gibson). People who support the death penalty also argue that it brings justice and closure to the victim’s family. In the article “Death Penalty Brings Relief to Victims’ Family” John Futty states, “She felt comforted to know that he will be put to death” (Futty). Even though many think it will bring closure, it can also bring stress and trauma on others such as those involved. Berman stated, “correction officers described a feeling of extra stress and urgency” (Berman).

Simply by repealing and/or making the death penalty illegal would make America way better. It doesn’t help or do anything to resolve the crime rate. The death penalty is senseless and discriminatory. There’s still crimes going on with the death penalty being legal. It brings nothing but stress, debt, and innocent lives lost.

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  • Death Penalty Essays

Persuasive Speech against the Death Penalty Essay

Introduction.

What if one of your family members was wrongly convicted for murder? What if you were put on death row because you happened to be the last person seen leaving a crime scene where a bomb blew up and killed people? It is questions like these that raise public concern; people are more apathetic in cases where this form of injustice does not affect them, however, when a case of this nature becomes more personal, people are empathetic. Why should we be so selfish as to see what others suffer? Death penalty should be abolished because it demeans the quality of human life, it costs the country a lot of money, it results to the death of innocents, and because life without parole is a sensible alternative.

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There is a need to change the laws

There is a need to change the laws about capital punishment; according to Amnesty International, there is no credible evidence that capital punishment deters crime. According to an article titled, “Why the Death Penalty should be abolished” on the International Commission against the Death Penalty (2012), over 140 nations worldwide have abolished capital punishment; the United States remains among a handful that still advocate for death penalty. Some of these countries (China, Iraq and Iran) are notorious for human rights violations (ICDP, 2012).

According to an article titled, “Facts about the Death Penalty” on the Death Penalty Focus’ website (2013), the executions are funded with staggering figures in taxpayer’s money. Research shows that since the reinstatement of the death penalty in 1978, the state of California has spent over $4 Billion on capital punishment. This is far much more than it would have cost the state to give life without parole. The death penalty has led to the death of innocents, this is a violation of human rights and dignity.

The ramification of upholding the death sentence is a raise in taxes due to future cases of crime; this might lead to inflation because of an excess supply of money. Tax payers could save a lot of money if capital punishment was abolished. A life sentence without the option of parole is, therefore, a good punishment alternative because it is more humane to jail than to kill. If I were ever going to be murdered, I would not want the convict to die because of me; if it were my family member who suffered this forbidden fate, I would not want anyone to kill for them. I would not sleep in peace knowing I advocated for the case of murder for murder.

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People have to change their attitudes about death penalty; change begins with us, the people. If the people champion for an alternative to the death penalty, it will send shockwaves through the law making units of the government. In the future, you, your friends or your family could be wrongly or rightfully convicted and sentenced to death; you can never know what the future has to hold. The uprising against the death penalty is not to protect criminals, but rather, to preserve human dignity, human rights and humanity at large.

I would urge one and all to join me in this human rights cause, to change public attitude towards death penalty, and to champion for an alternative form of punishment that is more humane and just. In the future, it could be you, your friend, you family that is wrongly convicted for murder; how do you choose to remember this day? Will it be the day that you championed for the death penalty, or the day that you voted against it? Make the right choice by moving for the abolishment of the death penalty law.

Death penalty should be abolished because there is no humane way to kill, you cannot reverse it. Abolishing the death penalty will not only put the country at par with others that uphold human rights and dignity, it will save the country a lot of money that could be used to assist the families of murder victims.

  • 5 reasons to abolish the death penalty. (n.d.). Amnesty Australia. Retrieved April 17, 2014, from http://www.amnesty.org.au/adp/comments/29959/
  • Death Penalty : Facts. (2013, May 31). Death Penalty : Facts. Retrieved April 15, 2014, from http://www.deathpenalty.org/section.php?id=13
  • Why the Death Penalty should be abolished. (2014, April 16). International Commission against the Death Penalty RSS. Retrieved April 16, 2014, from http://www.icomdp.org/arguments-against-the-death-penalty/

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  • Death Penalty Persuasive Essay

This assignment instructed students to write a persuasive essay which argues for a specific viewpoint or a specific action to be taken on a societal issue. I argued for a specific stance to be taken on the issue of the death penalty.

     The audience for this essay is the opinion section of the Sunday New York Times. This publication has a wide readership. The largest percentage of readers are between the ages of 35 and 44, and the majority of readers have either a college degree or a graduate degree. This essay argues for a question of value.

The death penalty is an issue that has the United States quite divided. While there are many supporters of it, there is also a large amount of opposition. Currently, there are thirty-three states in which the death penalty is legal and seventeen states that have abolished it (Death Penalty Information Center). I believe the death penalty should be legal throughout the nation . There are many reasons as to why I believe the death penalty should be legalized in all states, including deterrence, retribution, and morality; and because opposing arguments do not hold up, I will refute the ideas that the death penalty is unconstitutional, irrevocable mistakes are made, and that there is a disproportionality of race and income level.

The use of capital punishment greatly deters citizens from committing crimes such as murder. Many people’s greatest fear is death; therefore if they know that death is a possible consequence for their actions, they are less likely to perform such actions. Ernest van den Haag, a professor at Fordham University, wrote about the issue of deterrence:

“…capital punishment is likely to deter more than other punishments because         people fear death more than anything else. They fear most death deliberately inflicted by law and scheduled by the courts….Hence, the threat of the death penalty may deter some murderers who otherwise might not have been deterred. And 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.” (Death Penalty Curricula for High School)

van den Haag brings forth the argument that capital punishment is the strongest deterrent society has against murder, which has been proven in many studies. “Since society has the highest interest in preventing murder, it should use the strongest punishment available to deter murder…” (Death Penalty Curricula for High School). In a study conducted by Isaac Ehrlich in 1973, it was found that for each execution of a criminal seven potential victim’s lives were saved (Death Penalty Curricula for High School). This was due to other possible murderers being deterred from committing murder after realizing thatother criminals are executed for their crimes. Ehrlich’s argument was also backed up by studies following his that had similar results. Capital punishment also acts as a deterrent for recidivism (the rate at which previously convicted criminals return to committing crimes after being released); if the criminal is executed he has no opportunity to commit crimes again. Some may argue that there is not enough concrete evidence to use deterrence as an argument for the death penalty. The reason some evidence may be inconclusive is that the death penalty often takes a while to be carried out; some prisoners sit on death row for years before being executed. This can influence the effectiveness of deterrence because punishments that are carried out swiftly are better examples to others. Although the death penalty is already effective at deterring possible criminals, it would be even more effective if the legal process were carried out more quickly instead of having inmates on death row for years.

The death penalty also carries out retribution justly. “Deserved punishment protects society morally by restoring this just order, making the wrongdoer pay a price equivalent to the harm he has done.” (Budziszewski). When someone commits a crime it disturbs the order of society; these crimes take away lives, peace, and liberties from society. Giving the death penalty as a punishment simply restores order to society and adequately punishes the criminal for his wrongdoing. Retribution also serves justice for murder victims and their families. Some may see this as revenge, but this retribution is not motivated by malice, rather it is motivated by the need for justice and the principle of lex talionis (“an eye for an eye”) (Green). This lack of malice is proven in the simple definition of retribution: “retribution is a state sponsored, rational response to criminality that is justified given that the state is the victim when a crime occurs” (“Justifications for Capital Punishment). The death penalty puts the scales of justice back in balance after they were unfairly tipped towards the criminal.

The morality of the death penalty has been hotly debated for many years. Those opposed to the death penalty say that it is immoral for the government to take the life of a citizen under any circumstance. This argument is refuted by Immanuel Kant who put forth the idea that, “a society that is not willing to demand a life of somebody who has taken somebody else’s life is simply immoral” (ProCon.org). It is immoral to not properly punish a person who has committed such a horrendous crime. The criminal is also executed humanely; in no way is he subjected to torture or any form of cruelty. All states that use the death penalty use lethal injection; the days of subjecting a prisoner to hanging or the electric chair are long gone in the US. Inmates are first given a large dose of an anesthetic so they do not feel any pain (Bosner); this proves that the process is made as humane as possible so the inmates do not physically suffer. Although the issue of morality is very personal for many people, it is important to see the facts and realize that capital punishment does take morality into account and therefore is carried out in the best way possible.

The eighth amendment to the United States Constitution prevents cruel and unusual punishment. Many opponents of capital punishment say that execution is cruel and unusual punishment and therefore violates the Constitution. As was stated earlier, the recipient of the death penalty is treated humanely and is not tortured in any way, shape, or form. After the anesthetic is administered the person feels no pain; the only part of the process that could be considered painful is when the IV is inserted, but that is done in hospitals on a daily basis and no one is calling it unconstitutional. The Supreme Court has repeatedly upheld the death penalty as constitutional in cases they have presided over. In the case of Furman v. Georgia the court stated, “The punishment of death is not cruel, within the meaning of that word as used in the Constitution. It implies there is something more inhuman and barbarous, than the mere extinguishment of life” (Lowe). The Supreme Court has not found capital punishment to be unconstitutional, and therefore this argument for abolition is invalid.

Another argument put forth by death penalty abolitionists is the possibility of executing an innocent person. Many people that argue this overestimate how often this happens, it is an extremely rare occurrence and has not happened since the death penalty was reintroduced in 1976. Steven D. Stewart, the Prosecuting Attorney for Clark County Indiana, very effectively refutes this argument:

“…No system of justice can produce results which are 100% certain all the time. Mistakes will be made in any system which relies upon human testimony for proof. We should be vigilant to uncover and avoid such mistakes. Our system of justice rightfully demands a higher standard for death penalty cases. However, the risk of making a mistake with the extraordinary due process applied in death penalty cases is very small, and there is no credible evidence to show that any innocent persons have been executed at least since the death penalty was reactivated in 1976…The inevitability of a mistake should not serve as grounds to eliminate the death penalty any more than the risk of having a fatal wreck should make automobiles illegal…” (ProCon.org)

Stewart points out that death penalty cases are held to a much higher standard. Due process in these cases takes much longer so that the court can be absolutely sure that the person is guilty before sentencing him to execution. This helps to eliminate any errors that could lead to executing the wrong person. He also points out that although there is a small possibility for mistakes to be made, this does not mean capital punishment should be abolished. If everything that had the potential for harmful mistakes were outlawed, society would be extremely crippled.

It is true that there is disproportionality when it comes to the races and classes that most frequently receive the death penalty. It has been proven that minorities and those with lower income levels are overrepresented on death row. This is not due to discrimination; this is due to the higher rate at which these groups commit crime (ProCon.org). It has been argued that poverty breeds criminality; if this is true then it makes sense that those at a lower income level would more frequently be sentenced to execution than those at higher income levels (ProCon.org). It has also been proven that minorities are disproportionately poor, and therefore they would also be more likely to receive the death penalty. Ernest van den Haag said it best:

“Punishments are imposed on persons, not on…economic groups. Guilt is personal. The only relevant question is: does the person to be executed deserve the punishment? Whether or not others deserved the same punishment, whatever the economic or racial group, have avoided execution is irrelevant.” (ProCon.org)

It does not matter what race or economic status a person is, if he is guilty he must receive the appropriate punishment, which in some cases may be the death penalty.

Capital punishment can be a difficult topic to approach because people tend to have extreme views on it. The death penalty is an asset to society; it deters potential criminals as well as serves retribution to criminals, and is in no way immoral. The arguments against the death penalty often do not hold up when examined more closely. It is important that the nation is united on this issue, rather than having some states use capital punishment while others do not. The death penalty can be an extremely useful tool in sentencing criminals that have committed some of the worst crimes known to society. It is imperative that we begin to pass legislation making capital punishment legal throughout the United States so that justice can be served properly.

Works Cited

Bosner, Kevin. “How Lethal Injection Works.” How Stuff Works . Web. 29 March 2013. <http://people.howstuffworks.com/lethal-injection5.htm>

Budziszewski, J. “Capital Punishment: The Case for Justice.” OrthodoxyToday.org .                     August 2004. Web. 29 March 2013. <http://www.orthodoxytoday.org/articles4/BudziszewskiPunishment.php>

Death Penalty Curricula for High School. “The Death Penalty Prevents Future Murders: Agree.” Michigan State University Comm Tech Lab & Death Penalty Information Center . Web. 30 March 2013. <http://deathpenaltycurriculum.org/node/6?>

Death Penalty Information Center. “States With and Without the Death Penalty”. Death Penalty Information Center . 2013. Web. 28 March 2013.                                                            <http://www.deathpenaltyinfo.org/states-and-without-death-penalty>

Green, Melissa S. “The Death Penalty: Specific Issues.” Justice Center, University of                    Alaska Anchorage . 24 March 2005. Web. 28 March 2013.                                                            <http://justice.uaa.alaska.edu/death/issues.html>

“Justifications for Capital Punishment.” Justiceblind.com. Web. 30 March 2013.                          <http://www.justiceblind.com/death/dpsupport.html>

Lowe, Wesley. “Pro Death Penalty Webpage.” Wesleylowe.com . Web. 30 March 2013. <http://www.wesleylowe.com/cp.html>

ProCon.org . ProCon.org. Web. 28 March 2013. <procon.org>

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Argumentative essay on death penalty

small essay about death penalty

In 1994, Seth Penalver was sentenced to death for a brutal murder that involved three individuals. There was no actual physical evidence relating him to the crime. The only evidence they had was a video with poor quality in which the murderer’s face could not be seen as well. Penalver remained in custody until 2012, when he was finally acquitted of all charges. (Florida: Seth Penalver, acquitted in 2012) Death Penalty is a crime. The death penalty is unjustifiable, hypocritical and leads to false imprisonment that results in executions that are later discovered to be found.

Seth Penalver case is just among the countless cases that have been recorded by individuals who have been on the verge of death due to poor apprehension tactics in their case. Investigations that have been carried out in numerous states following the reinstatement of the death penalty in 1976 reveals that there are numerous people who were executed yet innocent. It is inevitable to state that the execution of any innocent individual is morally reprehensible. Despite the effort that has been put into guaranteeing proper investigation and conviction of individuals brought in front of a court, no case is fool proof (Ogletree 18). Thus, there might be the conviction of people into death row yet innocent. Based on this, it is recommendable that all individuals, if found guilty beyond reasonable doubt, are given a sentence of life without parole which is reasonably effective. The sentencing of death to some criminals might put them out of the misery they might have endured in prison.

The manipulation of the judicial system has been evident where in history it is recorded that factors such as race influenced the death sentence in certain states. This is evident in cases whereby if an African American murdered a white man, he or she was likely to be sentenced to death which is unlike if the situation was reversed. In states such as Oregon, there have been numerous accounts of biases whereby the blacks were victimized by being given the death sentence, which would not have been the case if a white man killed an African American. The death row system has also been a significant waste of the taxpayers money whereby in cases such as the 1995 Washington County murder cases an estimated $1.5 million shillings was spent yet only one of the three suspects was sentenced to death (Ellsworth and Samuel 28). An investigation conducted by the Oregon Department of Administrative Service has made statements that the abolishment of the death row system would save the federal government a substantial amount of resources that could be utilized in significant development projects.

Despite the overwhelming evidence that may be rendered against a suspect, it is important to note that this does not necessarily make them guilty. However, the lack of a proper defense, particularly among suspects who do not have the financial resources to hire a good lawyer, are likely to be found guilty and sentenced to death. An analysis of the numerous cases that the death penalty has been reversed there has been overwhelming evidence pointing out poor counsel. A study conducted by the Columbia University argues that an estimated 68% of appeals made by individuals sentenced to death have been reversed due to ineffective assistance of counsel. Based on this understanding, it would be inappropriate to continuously sentence people to death row as there are numerous factors that could contribute to misjudgment.

Despite the numerous arguments that have been presented in support of the abolishment of the death penalty, there continues to exist counter arguments who believe that the death penalty should be upheld. Among the substantial arguments that have been presented is that, the public execution of the said offenders serves a public reminder to criminals that crime is not rewarding. Speculations reveal that an evaluation of the rate of homicide in numerous states significantly dropped after the incorporation of the death sentence (Hood and Carolyn 7). The further argument presented in support of the death penalty states that the execution of a convicted felon guarantees that the killer will never be engaged in the act again. This argument has been supported by the fact that a significant number of people have been killed by convicted felons who managed to get parole or escaped from jail.

small essay about death penalty

Irrespective of the varied arguments that have been presented in support of the death penalty, I believe that everyone has the capacity to change. It would, therefore, be inappropriate to sentence convicted felons to death without giving them an opportunity to express their remorse towards their actions. It is important that other means of dealing with criminals who are engaged in great crimes is developed because the death sentence has seemingly had no positive impact on lowering the crime rate.

  • Ellsworth, Phoebe C., and Samuel R. Gross. “Hardening of the attitudes: Americans’ views on the death penalty.” Journal of Social Issues 50.2 (1994): 19-52.
  • Hood, Roger, and Carolyn Hoyle. The death penalty: A worldwide perspective. OUP Oxford, 2015.
  • Ogletree Jr, Charles J. “Black man’s burden: Race and the death penalty in America.” Or. L. Rev. 81 (2002): 15.
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small essay about death penalty

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Rachel Brougham, wearing a jacket, stands in brush on the shore of a placid lake.

Widowed Before 40 and Coping With the Financial Consequences

People who suddenly lose a spouse while young can feel unprepared for what their future looks like.

When Rachel Brougham’s husband died in a cycling accident, she said, “my future as I imagined was stolen.” Credit... Nate Ryan for The New York Times

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By Caitlin Kelly

  • April 27, 2024

It was April 10, 2018, and Colin Brougham hadn’t sent his usual text to his wife that he was biking home. Instead, he lay dead a few blocks away after a commuter train struck him.

“I knew he was dead before I knew he was dead,” recalled Rachel Brougham, his widow. “My son and I went to the scene, and when I was told it was him, I screamed so loud I think all of Minneapolis heard me.”

Mr. Brougham was only 39.

“My life as I knew it changed in an instant,” Ms. Brougham, now 46, said. “My future as I imagined was stolen. Grief changes your brain chemistry. It changes how you think, how you interact with others, how you work. It literally changes every single thing about your life.”

Those widowed in their 20s and 30s, few of whom may even have a will, can feel even more stunned and unprepared — who expects to die that young?

Ms. Brougham, like anyone whose spouse dies unexpectedly, suddenly faced a variety of complex financial decisions: how to handle mortgage payments, car and student loans, leases, and credit card debts. Blinded by grief, exhausted and overwhelmed, the bereaved must also plan and pay for cremation or funeral costs.

Social Security’s one-time death benefit is only $255 , while the median American funeral in 2021 cost $6,971 (with cremation) or $7,848 (with a viewing and burial), according to the National Funeral Directors Association . Social Security survivor benefits are also available for children. Ms. Brougham’s 15-year-old son, Thomas, receives $2,149 a month until he turns 18 or graduates from high school, whichever is later.

Ms. Brougham sits on a couch with a mug in her hand. She looks toward a window next to her as sunlight falls across that side of her face.

“As a certified financial planner, and someone who specializes in supporting young widows and widowers, I’ve seen firsthand the raw heartache of this unique community,” said Brian K. Seymour II, the founder and chief executive of Prosperitage Wealth in Atlanta. “Losing your partner at a young age, whether to illness or a sudden accident, throws you into a storm of grief and financial upheaval.”

Even if it feels overwhelming, Mr. Seymour recommends getting control of your financial situation immediately.

“Gather all your financial documents — bank statements, investment accounts, life insurance policies, wills — and get yourself organized,” he said. “If you feel lost, seek professional help from a fee-only fiduciary financial adviser who specializes in young widows and widowers. We understand your unique challenges and can tailor a plan that considers your income, debt, benefits and goals.”

Those who have more time to prepare — the spouse is dying of a terminal disease, for example — also face making difficult decisions amid emotional distress.

Sarah Seib, 39, whose husband, Jason Markle, died in 2022 of amyotrophic lateral sclerosis, commonly known as A.L.S. or Lou Gehrig’s disease, had a steady job with a local technology company. Mr. Markle worked for many years at Syracuse University as an undergraduate administrator, but the demands of his disease quickly turned Ms. Seib into his full-time caregiver, costing her that income even as she owed $50,000 in student debt.

As her husband’s health deteriorated, he kept working to the very end because the couple desperately needed his income and health insurance. He communicated through a Tobii Dynavox tablet, which he used by blinking. A GoFundMe campaign provided $20,000 to help with growing costs.

Mr. Markle had a 401(k) plan, but tapping into it early would have meant paying a penalty and taxes. The day he died, Ms. Seib lost access to his health insurance. Her mother, who had moved in to help Ms. Seib financially and emotionally as her husband’s health declined, still lives in Syracuse, N.Y., with her and now pays half the mortgage.

“You need help from all sides,” Ms. Seib said. “A widow’s head is not right and won’t be right for a long time.”

Francisco Rosado, a barber and D.J. who goes by Frank Rose in Orlando, Fla., lost his wife, Rebekkah Rosado, when he was 34 and she was 33. He had been her caretaker for three years as she fought a form of Hodgkin’s lymphoma, a form of blood cancer. Ms. Rosado had run a thriving wedding planning business and kept working as much as she could, but the couple sold their house to cut expenses and pay medical bills. They also received $10,000 from a GoFundMe campaign that allowed Mr. Rosado to stop working and spend time with his wife before she died.

For many people whose spouse is from another country, communicating with family abroad can add complications or welcome support — or both, as it did for Robin Truiett-Theodorson, who, in 2008, became a widow at 36 after five and a half years of marriage to Mark Theodorson, a British man.

Her father assumed her late husband’s car payments, and her family “helped me quite a bit,” she said. Her mother-in-law in Britain sent some money, and Ms. Truiett-Theodorson was grateful their home in Baltimore had no mortgage. She deferred her student debt for 18 months and consolidated her credit card debt.

Many young widows and widowers will also have to face their spouse’s debts, which can add an enormous burden if they are not discharged by creditors.

Jeanette Koncikowski was separated from her husband, Mark, when he died two years after completing chiropractic school. Both were 36, with children 5 and 9 years old. He died of a rare condition, sudden unexplained death in epilepsy, owing about $150,000 on student loans.

“In order to finance that amount, we did a mix of private and federal loans, and he was the sole signatory, later consolidated,” said Ms. Koncikowski, now 45 and living in Eden, N.Y. “At the time of his death, I was originally told by the lender that I would have to pay them back even though I did not co-sign. They said since we were married when the debt was accrued, I was responsible for the debt.”

But once she shared her separation agreement and her husband’s death certificate with the lender, the entire debt was forgiven. “It was a small saving grace in an otherwise horrific experience,” Ms. Koncikowski said.

Daniel Kopp, a certified financial planner in Sarasota, Fla., who lost a spouse when he was 31, said it mattered when the debt was taken on.

“If it was before the marriage and the couple does not live in a community property state — there are nine — then the surviving spouse would generally not be responsible for the student loans,” he said. “Community property states can make the surviving spouse be held liable for paying the private loans if they were taken on after the marriage even if the spouse did not co-sign. It’s the classic financial planning answer: It depends.”

“Student loan borrowers who die will have their federal student loans discharged by providing documentation like a death certificate,” Mr. Kopp added. “However, when it comes to private student loans, it will depend on if there was a co-signer and terms of the loan. Some private lenders will also discharge the debt, but others may attempt to get the surviving spouse to pay.”

Personal, unsecured debts like those from credit cards are generally written off by the issuing companies, Mr. Kopp said.

“I even had a widowed client that tried to pay off the $5,000 balance, and Chase sent her back the check,” he said. “Auto loans typically stay with the vehicle, so if the spouse receives the vehicle through the will, the loan would then go to the spouse.”

Everyone who has received life insurance funds after a spouse’s death knows the mixed emotions they bring.

“It was a great sense of relief — and guilt,” Ms. Brougham said. “I thought, ‘Oh, my God, my husband’s dead and now I have one million dollars.’” In fact, she received $1.575 million from both term and whole life policies, which she invested for future needs.

Mr. Rosado received $250,000 in an insurance payout, and Mr. Kopp said he had received about $300,000. This money helped free them from financial panic at the worst moment of their young lives. In addition, life insurance proceeds are not considered taxable income .

The Broughams had bought life insurance when they were 24 and 25 and Ms. Brougham was freelancing full time for a small newspaper, even though they felt the cost was unaffordable — $1,308 a year.

Being prepared, financially and emotionally, means having difficult conversations even if you feel you’re way too young to have them. The spouses of Ms. Brougham, Ms. Truiett-Theodorson, Ms. Seib and Ms. Koncikowski didn’t have a will or do advance estate planning. But Mr. Rosado’s did.

“I didn’t think death would come in my 30s,” he said. “Maybe in my 70s or 90s.”

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    Is the death penalty debate really dead? contrasting capital punishment support in Canada and the United States. Analyses of Social Issues and Public Policy, 20(1), 536-562. Web. Stetler, R. (2020). The history of mitigation in death penalty cases. Social Work, Criminal Justice, and the Death Penalty, pp. 34-45. Web.

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  24. Argumentative essay on death penalty

    Ellsworth, Phoebe C., and Samuel R. Gross. "Hardening of the attitudes: Americans' views on the death penalty." Journal of Social Issues 50.2 (1994): 19-52. Hood, Roger, and Carolyn Hoyle. The death penalty: A worldwide perspective. OUP Oxford, 2015. Ogletree Jr, Charles J. "Black man's burden: Race and the death penalty in America."

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