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Should the Death Penalty Be Abolished?

In its last six months, the United States government has put 13 prisoners to death. Do you think capital punishment should end?

By Nicole Daniels

Students in U.S. high schools can get free digital access to The New York Times until Sept. 1, 2021.

In July, the United States carried out its first federal execution in 17 years. Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had in the previous six decades.

The death penalty has been abolished in 22 states and 106 countries, yet it is still legal at the federal level in the United States. Does your state or country allow the death penalty?

Do you believe governments should be allowed to execute people who have been convicted of crimes? Is it ever justified, such as for the most heinous crimes? Or are you universally opposed to capital punishment?

In “ ‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny ,” Adam Liptak writes about the recent federal executions:

In 2015, a few months before he died, Justice Antonin Scalia said he w o uld not be surprised if the Supreme Court did away with the death penalty. These days, after President Trump’s appointment of three justices, liberal members of the court have lost all hope of abolishing capital punishment. In the face of an extraordinary run of federal executions over the past six months, they have been left to wonder whether the court is prepared to play any role in capital cases beyond hastening executions. Until July, there had been no federal executions in 17 years . Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had put to death in the previous six decades.

The article goes on to explain that Justice Stephen G. Breyer issued a dissent on Friday as the Supreme Court cleared the way for the last execution of the Trump era, complaining that it had not sufficiently resolved legal questions that inmates had asked. The article continues:

If Justice Breyer sounded rueful, it was because he had just a few years ago held out hope that the court would reconsider the constitutionality of capital punishment. He had set out his arguments in a major dissent in 2015 , one that must have been on Justice Scalia’s mind when he made his comments a few months later. Justice Breyer wrote in that 46-page dissent that he considered it “highly likely that the death penalty violates the Eighth Amendment,” which bars cruel and unusual punishments. He said that death row exonerations were frequent, that death sentences were imposed arbitrarily and that the capital justice system was marred by racial discrimination. Justice Breyer added that there was little reason to think that the death penalty deterred crime and that long delays between sentences and executions might themselves violate the Eighth Amendment. Most of the country did not use the death penalty, he said, and the United States was an international outlier in embracing it. Justice Ginsburg, who died in September, had joined the dissent. The two other liberals — Justices Sotomayor and Elena Kagan — were undoubtedly sympathetic. And Justice Anthony M. Kennedy, who held the decisive vote in many closely divided cases until his retirement in 2018, had written the majority opinions in several 5-to-4 decisions that imposed limits on the death penalty, including ones barring the execution of juvenile offenders and people convicted of crimes other than murder .

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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.

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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Capital Punishment Essay for Students and Children

500+ words essay on capital punishment.

Every one of us is familiar with the term punishment. But Capital Punishment is something very few people understand. Capital punishment is a legal death penalty ordered by the court against the violation of criminal laws. In addition, the method of punishment varies from country to country. Where some countries hung the culprits until death and some shoot or give them a lethal injection.

Types of Capital Punishments

In this topic, we are going to discuss the various methods of punishment that are used in different countries. But, before that let’s talk about the capital punishments that people used in the past. Earlier, the capital punishments are more like torture rather than a death penalty. They used to strain and punish the body of the culprit to the extreme that he/she dies because of the pain and fear of torture.

Besides, modern methods are quicker and less painful than traditional methods.

• Electrocution – In this method, the criminal is tied to a chair and a high voltage current that can kill a man easily is passed through the body. In addition, it causes organ failure (especially heart).
• Tranquilization – This method gives the person a slow but painless death as the toxin injections are injected into his body that takes up to several hours for the criminal to die.
• Beheading – Generally, the Arab and Gulf countries use this method. Where they decide the death sentence by the crime of the person. Furthermore, in this method, they simply cut the person’s head apart from the body.
• Stoning – In this the criminal is beaten till death. Also, it is the most painful method of execution.
• Shooting – The criminal is either shoot in the head or in his/her chest in this method.
• Hanging – This method simply involves the hanging of culprit till death.

Get the huge list of more than 500 Essay Topics and Ideas

Advantages and Disadvantages of Capital Punishments

Although many people think that it’s a violation of human rights and the Human Rights Commission strongly opposes capital punishment still many countries continue this practice.

The advantages of capital punishment are that they give people an idea of what the law is capable of doing and the criminal can never escape from the punishment no matter who he/she is.

In addition, anyone who is thinking about committing a crime will think twice before committing a crime. Furthermore, a criminal that is in prison for his crime cannot harm anyone of the outside world.

The disadvantages are that we do not give the person a second chance to change. Besides, many times the real criminal escape the trial and the innocent soul of the prosecution claimed to guilty by false claims. Also, many punishments are painful and make a mess of the body of the criminal.

To conclude, we can say that capital punishment is the harsh reality of our world. Also, on one hand, it decreases the crime rate and on the other violates many human rights.

Besides, all these types of punishment are not justifiable and the court and administrative bodies should try to find an alternative for it.

FAQs about Capital Punishment

Q.1 What is the difference between the death penalty and capital punishment?

A.1 For many people the term death penalty and capital punishment is the same thing but there is a minute difference between them. The implementation of the death penalty is not death but capital punishment itself means execution.

Q.2 Does capital punishment decrease the rate of crime?

A.2 There is no solid proof related to this but scientists think that reduces the chances of major crimes to a certain level.

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• Introduction

Historical considerations

• Moral arguments
• Utilitarian arguments
• Practical arguments
• The abolition movement
• Capital punishment in the early 21st century

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• Internet Encyclopedia of Philosophy - Capital Punishment
• Santa Clara University - Capital Punishment: Our Duty or Our Doom?
• Cornell Law School - Legal Information Institute - Death penalty
• capital punishment - Children's Encyclopedia (Ages 8-11)
• capital punishment - Student Encyclopedia (Ages 11 and up)
• Table Of Contents

Recent News

capital punishment , execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law . The term death penalty is sometimes used interchangeably with capital punishment , though imposition of the penalty is not always followed by execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment.

Capital punishment for murder , treason , arson , and rape was widely employed in ancient Greece under the laws of Draco (fl. 7th century bce ), though Plato argued that it should be used only for the incorrigible . The Romans also used it for a wide range of offenses, though citizens were exempted for a short time during the republic. It also has been sanctioned at one time or another by most of the world’s major religions. Followers of Judaism and Christianity, for example, have claimed to find justification for capital punishment in the biblical passage “Whosoever sheddeth man’s blood, by man shall his blood be shed” ( Genesis 9:6). Yet capital punishment has been prescribed for many crimes not involving loss of life, including adultery and blasphemy . The ancient legal principle Lex talionis ( talion )—“an eye for an eye , a tooth for a tooth, a life for a life”—which appears in the Babylonian Code of Hammurabi , was invoked in some societies to ensure that capital punishment was not disproportionately applied.

The prevalence of capital punishment in ancient times is difficult to ascertain precisely, but it seems likely that it was often avoided, sometimes by the alternative of banishment and sometimes by payment of compensation . For example, it was customary during Japan’s peaceful Heian period (794–1185) for the emperor to commute every death sentence and replace it with deportation to a remote area, though executions were reinstated once civil war broke out in the mid-11th century.

In Islamic law , as expressed in the Qurʾān , capital punishment is condoned . Although the Qurʾān prescribes the death penalty for several ḥadd (fixed) crimes—including robbery, adultery, and apostasy of Islam —murder is not among them. Instead, murder is treated as a civil crime and is covered by the law of qiṣās (retaliation), whereby the relatives of the victim decide whether the offender is punished with death by the authorities or made to pay diyah (wergild) as compensation.

Death was formerly the penalty for a large number of offenses in England during the 17th and 18th centuries, but it was never applied as widely as the law provided. As in other countries, many offenders who committed capital crimes escaped the death penalty, either because juries or courts would not convict them or because they were pardoned, usually on condition that they agreed to banishment; some were sentenced to the lesser punishment of transportation to the then American colonies and later to Australia. Beginning in the Middle Ages, it was possible for offenders guilty of capital offenses to receive benefit of clergy , by which those who could prove that they were ordained priests (clerks in Holy Orders) as well as secular clerks who assisted in divine service (or, from 1547, a peer of the realm) were allowed to go free, though it remained within the judge’s power to sentence them to prison for up to a year, or from 1717 onward to transportation for seven years. Because during medieval times the only proof of ordination was literacy, it became customary between the 15th and 18th centuries to allow anyone convicted of a felony to escape the death sentence by proving that he (the privilege was extended to women in 1629) could read. Until 1705, all he had to do was read (or recite) the first verse from Psalm 51 of the Bible—“Have mercy on me, O God, according to your steadfast love; according to your abundant mercy blot out my transgressions”—which came to be known as the “ neck verse” (for its power to save one’s neck). To ensure that an offender could escape death only once through benefit of clergy, he was branded on the brawn of the thumb ( M for murder or T for theft). Branding was abolished in 1779, and benefit of clergy ceased in 1827.

From ancient times until well into the 19th century, many societies administered exceptionally cruel forms of capital punishment. In Rome the condemned were hurled from the Tarpeian Rock ( see Tarpeia ); for parricide they were drowned in a sealed bag with a dog, cock, ape, and viper; and still others were executed by forced gladiatorial combat or by crucifixion . Executions in ancient China were carried out by many painful methods, such as sawing the condemned in half, flaying him while still alive, and boiling . Cruel forms of execution in Europe included “breaking” on the wheel, boiling in oil, burning at the stake , decapitation by the guillotine or an axe, hanging , drawing and quartering , and drowning. Although by the end of the 20th century many jurisdictions (e.g., nearly every U.S. state that employs the death penalty, Guatemala, the Philippines , Taiwan , and some Chinese provinces) had adopted lethal injection , offenders continued to be beheaded in Saudi Arabia and occasionally stoned to death (for adultery) in Iran and Sudan . Other methods of execution were electrocution , gassing, and the firing squad.

Historically, executions were public events, attended by large crowds, and the mutilated bodies were often displayed until they rotted. Public executions were banned in England in 1868, though they continued to take place in parts of the United States until the 1930s. In the last half of the 20th century, there was considerable debate regarding whether executions should be broadcast on television, as has occurred in Guatemala. Since the mid-1990s public executions have taken place in some 20 countries, including Iran, Saudi Arabia, and Nigeria , though the practice has been condemned by the United Nations Human Rights Committee as “incompatible with human dignity.”

In many countries death sentences are not carried out immediately after they are imposed; there is often a long period of uncertainty for the convicted while their cases are appealed. Inmates awaiting execution live on what has been called “ death row ”; in the United States and Japan, some prisoners have been executed more than 15 years after their convictions . The European Union regards this phenomenon as so inhumane that, on the basis of a binding ruling by the European Court of Human Rights (1989), EU countries may extradite an offender accused of a capital crime to a country that practices capital punishment only if a guarantee is given that the death penalty will not be sought.

• Capital Punishment: Our Duty or Our Doom?
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Capital Punishment:Our Duty or Our Doom?

But human rights advocates and civil libertarians continue to decry the immorality of state-sanctioned killing in the U.S. Is capital punishment moral?

About 2000 men, women, and teenagers currently wait on America's "death row." Their time grows shorter as federal and state courts increasingly ratify death penalty laws, allowing executions to proceed at an accelerated rate. It's unlikely that any of these executions will make the front page, having become more or less a matter of routine in the last decade. Indeed, recent public opinion polls show a wide margin of support for the death penalty. But human rights advocates and civil libertarians continue to decry the immorality of state-sanctioned killing in the U.S., the only western industrialized country that continues to use the death penalty. Is capital punishment moral?

Capital punishment is often defended on the grounds that society has a moral obligation to protect the safety and welfare of its citizens. Murderers threaten this safety and welfare. Only by putting murderers to death can society ensure that convicted killers do not kill again.

Second, those favoring capital punishment contend that society should support those practices that will bring about the greatest balance of good over evil, and capital punishment is one such practice. Capital punishment benefits society because it may deter violent crime. While it is difficult to produce direct evidence to support this claim since, by definition, those who are deterred by the death penalty do not commit murders, common sense tells us that if people know that they will die if they perform a certain act, they will be unwilling to perform that act.

If the threat of death has, in fact, stayed the hand of many a would be murderer, and we abolish the death penalty, we will sacrifice the lives of many innocent victims whose murders could have been deterred. But if, in fact, the death penalty does not deter, and we continue to impose it, we have only sacrificed the lives of convicted murderers. Surely it's better for society to take a gamble that the death penalty deters in order to protect the lives of innocent people than to take a gamble that it doesn't deter and thereby protect the lives of murderers, while risking the lives of innocents. If grave risks are to be run, it's better that they be run by the guilty, not the innocent.

Finally, defenders of capital punishment argue that justice demands that those convicted of heinous crimes of murder be sentenced to death. Justice is essentially a matter of ensuring that everyone is treated equally. It is unjust when a criminal deliberately and wrongly inflicts greater losses on others than he or she has to bear. If the losses society imposes on criminals are less than those the criminals imposed on their innocent victims, society would be favoring criminals, allowing them to get away with bearing fewer costs than their victims had to bear. Justice requires that society impose on criminals losses equal to those they imposed on innocent persons. By inflicting death on those who deliberately inflict death on others, the death penalty ensures justice for all.

This requirement that justice be served is not weakened by charges that only the black and the poor receive the death penalty. Any unfair application of the death penalty is the basis for extending its application, not abolishing it. If an employer discriminates in hiring workers, do we demand that jobs be taken from the deserving who were hired or that jobs be abolished altogether? Likewise, if our criminal justice system discriminates in applying the death penalty so that some do not get their deserved punishment, it's no reason to give Iesser punishments to murderers who deserved the death penalty and got it. Some justice, however unequal, is better than no justice, however equal. To ensure justice and equality, we must work to improve our system so that everyone who deserves the death penalty gets it.

The case against capital punishment is often made on the basis that society has a moral obligation to protect human life, not take it. The taking of human life is permissible only if it is a necessary condition to achieving the greatest balance of good over evil for everyone involved. Given the value we place on life and our obligation to minimize suffering and pain whenever possible, if a less severe alternative to the death penalty exists which would accomplish the same goal, we are duty-bound to reject the death penalty in favor of the less severe alternative.

There is no evidence to support the claim that the death penalty is a more effective deterrent of violent crime than, say, life imprisonment. In fact, statistical studies that have compared the murder rates of jurisdictions with and without the death penalty have shown that the rate of murder is not related to whether the death penalty is in force: There are as many murders committed in jurisdictions with the death penalty as in those without. Unless it can be demonstrated that the death penalty, and the death penalty alone, does in fact deter crimes of murder, we are obligated to refrain from imposing it when other alternatives exist.

Further, the death penalty is not necessary to achieve the benefit of protecting the public from murderers who may strike again. Locking murderers away for life achieves the same goal without requiring us to take yet another life. Nor is the death penalty necessary to ensure that criminals "get what they deserve." Justice does not require us to punish murder by death. It only requires that the gravest crimes receive the severest punishment that our moral principles would allow us to impose.

While it is clear that the death penalty is by no means necessary to achieve certain social benefits, it does, without a doubt, impose grave costs on society. First, the death penalty wastes lives. Many of those sentenced to death could be rehabilitated to live socially productive lives. Carrying out the death penalty destroys any good such persons might have done for society if they had been allowed to live. Furthermore, juries have been known to make mistakes, inflicting the death penalty on innocent people. Had such innocent parties been allowed to live, the wrong done to them might have been corrected and their lives not wasted.

In addition to wasting lives, the death penalty also wastes money. Contrary to conventional wisdom, it's much more costly to execute a person than to imprison them for life. The finality of punishment by death rightly requires that great procedural precautions be taken throughout all stages of death penalty cases to ensure that the chance of error is minimized. As a result, executing a single capital case costs about three times as much as it costs to keep a person in prison for their remaining life expectancy, which is about 40 years.

Finally, the death penalty harms society by cheapening the value of life. Allowing the state to inflict death on certain of its citizens legitimizes the taking of life. The death of anyone, even a convicted killer, diminishes us all. Society has a duty to end this practice which causes such harm, yet produces little in the way of benefits.

Opponents of capital punishment also argue that the death penalty should be abolished because it is unjust. Justice, they claim, requires that all persons be treated equally. And the requirement that justice bc served is all the more rigorous when life and death are at stake. Of 19,000 people who committed willful homicides in the U.S. in 1987, only 293 were sentenced to death. Who are these few being selected to die? They are nearly always poor and disproportionately black. It is not the nature of the crime that determines who goes to death row and who doesn't. People go to death row simply because they have no money to appeal their case, or they have a poor defense, or they lack the funds to being witnesses to courts, or they are members of a political or racial minority.

The death penalty is also unjust because it is sometimes inflicted on innocent people. Since 1900, 350 people have been wrongly convicted of homicide or capital rape. The death penalty makes it impossible to remedy any such mistakes. If, on the other hand, the death penalty is not in force, convicted persons later found to be innocent can be released and compensated for the time they wrongly served in prison.

The case for and the case against the death penalty appeal, in different ways, to the value we place on life and to the value we place on bringing about the greatest balance of good over evil. Each also appeals to our commitment to"justice": Is justice to be served at all costs? Or is our commitment to justice to be one tempered by our commitment to equality and our reverence for life? Indeed, is capital punishment our duty or our doom?

(Capital punishment) is . . . the most premeditated of murders, to which no criminal's deed, however calculated . . can be compared . . . For there to be an equivalence, the death penalty would have to punish a criminal who had warned his victim of the date at which he would inflict a horrible death on him and who, from that moment onward, had confined him at mercy for months. Such a monster is not encountered in private life. --Albert Camus

If . . . he has committed a murder, he must die. In this case, there is no substitute that will satisfy the requirements of legal justice. There is no sameness of kind between death and remaining alive even under the most miserable conditions, and consequently there is no equality between the crime and the retribution unless the criminal is judicially condemned and put to death. --Immanuel Kant

For further reading:

Hugo Adam Bedau, Death Is Different: Studies in the Morality, Law, and Politics of Capital Punishment (Boston: Northeastern University Press, 1987).

Walter Berns, For Capital Punishment (New York: Basic Books, 1979.)

David Bruch, "The Death Penalty: An Exchange," The New Republic , Volume 192 (May 20, 1985), pp. 20-21.

Edward I. Koch, "Death and Justice: How Capital Punishment Affirms Life," The New Republic, Volume 192 (April 15,1985), pp. 13-15.

Ernest van den Haag and John P. Conrad , The Death Penalty: A Debate (New York: Plenum Press, 1983).

This article was originally published in Issues in Ethics - V. 1, N.3 Spring 1988

At the NABJ convention in Chicago on July 31st, Donald Trump Asked Rachel Scott To Define DEI. She Should Have.

While free speech is a right that has been embraced in the United States for several centuries, ethical issues about the process and limitations of free speech and protest behavior, like some of those seen on college campuses this Spring, are in question and are debatable.

Stockholders pay the price when executives and directors choose profits over ethics.

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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• School Education /

Capital Punishment Essay for Students in English: 250 and 350 Words Samples

• Updated on  
• Mar 12, 2024

Capital Punishment Essay: Capital punishment refers to sentencing a criminal with the death penalty after due process of law. This form of punishment can be traced back to the ancient Greek of the 7th century BC, which operated under the ‘Laws of Draco’. In addition to the Greeks, Romans also sanctioned citizens to the death penalty for murder, rape, arson, and treason. 

Likewise, present-day India awards the death penalty for heinous crimes against mankind such as murder, criminal conspiracy, dacoity with murder, encouraging mutiny, and waging war against the central government. However, as we have evolved as humans, courts resort to this extreme form of punishment in rarest of the rare cases. 

Also Read: Essay on Human Rights: Samples in 500 and 1500

Capital Punishment Essay in 250 Words

Capital punishment or the death penalty is the state-sanctioned execution of a person as punishment for a crime. It is usually the most severe punishment a judicial system can impose on offenders. It is usually reserved for the most serious crimes like rape and murder. 

Since time immemorial, mankind has opted for different methods of capital punishment. From hanging, beheading, and firing squads to burning, stoning, and poisoning humans have used every possible way to execute offenders. Methods can vary but all these have one thing in common i.e. inhumanity.  

Capital punishment, in all its forms, is considered barbaric. It is seen as cruel, savage, and a form of revenge, reminiscent of a bygone era where understanding and respect for human life were absent. Some argue that these methods even involve physical torture.

While some believe the death penalty deters crime, studies have shown no significant correlation between its use and a decrease in violent crimes. In simpler terms, the threat of execution does not necessarily prevent people from committing serious offences. Therefore, it becomes crucial to consider whether capital punishment truly serves any purpose in our modern world. 

Owing to the controversial characteristics of this punishment option, the ‘Abolition of the Death Penalty’ has become one of the most prominent discussions in the United Nations. Besides, Human Rights activists and organisations also raise their voices against capital punishment. With all the ongoing debate, there is optimism that this inhuman practice might be done away with in the future. 

Also Read: World Day for International Justice

Essay on Capital Punishment in 350 Words

Capital punishment or the death penalty has been a topic of contention in India. While the Supreme Court of India has reserved the death penalty for the rarest of rare cases, the penal process evokes a debate for and against this form of punishment. 

One of the primary arguments in favour of capital punishment is deterrence i.e. fear of severe forms of the death penalty will reduce crimes. Supporters of this penal process are of the view that the threat of capital punishment prevents a potential offender from committing heinous crimes like murder, rape, war against the government, and abetment to mutiny. Also, they propound that the assertion of severe punishments upholds the safety and security of people as the state has the responsibility to maintain social order and safeguard its people. 

However, people against capital punishment argue that the death penalty is inept in rehabilitating prisoners, which is the basic aim of any legal penal option. They also propose that punishment by execution does not deter people from committing crimes as individualist punishment overlooks broader social failures. Also, execution by barbaric measures shifts the responsibility of the state and peer groups from addressing the root causes of crime to individual punishment. 

Another reason for concern regarding capital punishment is the risk of executing innocent individuals due to flaws in the justice system. The possibility of wrongful convictions highlights the serious consequences of irreparable harm of taking a person’s life. This irreversible consequence outlines the significance of strict legal procedures and safety measures to prevent miscarriage of justice. 

Thus, the debate over capital punishment in India is a complex one, encompassing moral, legal, and societal considerations. While proponents argue for its necessity in ensuring justice and deterring crime, opponents raise valid concerns regarding its effectiveness, morality, and potential for miscarriages of justice. As the legal landscape continues to evolve, it is essential to critically examine these arguments and consider the broader implications of capital punishment on society and the individuals it affects.

It is time to #StopExecutions and #AbolishTheDeathPenalty – Join us now at https://t.co/LeukqEMJWA @RepEspaillat @EspaillatNY #LisaMontgomery #CoreyJohnson #DustinHiggs pic.twitter.com/wzTuklnrRx — Death Penalty Action (@DeathPenaltyAct) January 12, 2021

Ans: Yes. The legal system in India can grant capital punishment in case of murder, criminal conspiracy, abetment to mutiny, dacoity with murder, and waging war against the Union Government.

Ans: Start the essay on capital punishment by defining this penal process. Thereafter, cite arguments in favour and against the death penalty. Also, you can mention how the government and society benefit and lose through this ultimate yet barbaric form of justice.

Ans: Capital punishment refers to sentencing a criminal with the death penalty after due process of law. 

Explore other essay topics for students here:

For more information on such interesting topics, visit our essay writing page and follow Leverage Edu.

Ankita Singh

Ankita is a history enthusiast with a few years of experience in academic writing. Her love for literature and history helps her curate engaging and informative content for education blog. When not writing, she finds peace in analysing historical and political anectodes.

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• Essay Database >
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• Essay on Crime

Capital Punishment Argumentative Essay Example

Type of paper: Argumentative Essay

Topic: Crime , Punishment , Criminal Justice , Death , Capital Punishment , Life , Finance , Social Issues

Words: 1400

Published: 01/11/2020

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Should Capital Punishment be allowed?

Capital punishment, also known as the death penalty, refers to the legal process that result to a felon who commits heinous crimes being sentenced to death by the state judicial authorities to pay for the wrongdoings that are otherwise considered extreme. The actual act of killing the individual is called execution, while the judicial decree that allows for the individual to be punished this way is called the death sentence. Capital punishment has existed in nearly all societies since time immemorial, whereby it served to punish perpetrators of serious crimes and those who revolted against the authorities. In the contemporary world, most societies that still use Capital Punishment reserve it for crimes such as treason, espionage and murder. During the past, especially the dark ages, sodomy, rape, adultery and incest were considered serious offences and carried the death penalty. Brutal ways were used to end the lives of those sentenced to death and these included: boiling the criminal alive inside a large cauldron filled with either oil or water, burying alive, beheading using the guillotine, burning the offenders while they were alive and crucifixion just to mention a few. In this modern day, such crude methods are no longer applied. Historically, Australia featured relentlessly, as far as capital punishment is concerned. Currently, capital punishment is not allowed in the Nation. The last time for a man to face a hangman was in the year 1984. Even before the execution, various states had long abolished capital punishment. Most of crimes that were previously subject to capital punishment are now treated with sentences to life imprisonment. Nevertheless, the use of Capital Punishment remains one of the most debatable subjects with proponents citing solid arguments for its use, while opponents similarly postulate solid arguments against this type of punishment. The paper will dwell on arguments for and against Capital Punishment. First, opponents cite that human life is valuable and authorities that are run by humans do not have the right to sentence fellow humans to death even in cases where they have performed the most heinous crimes. Those opposing the punishment believe that the offender’s life has to prevail over his or her bad conduct that may warrant a death penalty (Phil, 2012). Secondly opponents argue that every human being has an alienable right to life. Sentencing a person to death even if he or she has committed murder violates the God given right to life of that person (Goldstein, 2005; 324). This argument closely resembles the first one but it is argued from the perspective of human right groups. Based on human rights perspective, every human being is entitled to fundamental privileges such as right to life, and that administering capital punishment amounts to worst human rights violation. This is because the right to life is the most fundamental (BBC, 2012). Thirdly, abolitionists insist that retribution is nothing other than revenge, which should not be condoned. To the abolitions, two wrongs in retributions do not necessarily add to a right. Additionally, according to abolitionists, capital punishment may entail wrongful execution, which would see innocently convicted people executed. They have often given the example that, in 25 states, between 1973 and 2005, as significant as 123 were relieved from death row when courts declared them innocent (Rita, 2007; 66). As if not enough, abolitionists argue that capital punishment is likely to be a subject of disproportionate minority representations based on element such as race, gender and economic status. They argue that, for instance, the fact that African Americans account for only 12 percent of the total population have constituted 41 percent of death row inmates and have constituted 34 percent of the number of people executed since 1976.

However, there are convincing reasons why capital punishment should be allowed. First, on the basis of retribution, capital punishment is morally justified when applied to crimes entailing murder, especially with elements of aggravation such as multiple homicide, torture murder and child murder, as well as mass killing incidents such as genocide or terrorism. Gertrude (1972) contends that failing to administer capital punishment penalty in such cases is what may be particularly unjust. In order to ensure fairness, the punishment must be as painful as proportional to the crime. It would be unjustified to let heinous crime offender live, leave alone incarcerating them. Secondly, capital punishment is necessary because it deters crimes. It is arguable that the best way to deal with crimes is prevent their occurrence, and this is achievable through deterrence. Indeed, various groups have inclined on the perspectives that the best appropriate punishment is that which deters further criminal activities. In particular, “punishment serves as an example for other people to learn and desist from committing crimes” (Rita, 2007; 56). For instance, a terrorist who watches an ally being hanged learns a lesson; hence desists from committing the heinous crime. It is argued that for every execution, as significant as five lives are saved, indicating that execution correlates negatively with crime deterrence, that is as more offenders are executed, lesser heinous crimes are reported. Death penalties had deterrent effects in the countries that executed more than nine people as from1977 to1996 implying that deterrence does not come with a few execution programs (Shepherd, 2004; 8). In this regard, there is even the need to increase the number of execution to achieve desirable results. Thirdly, death penalty should be enforced even if the deterrent effects are uncertain to avoid a repeat of crimes by the same criminals. If societies execute serious crime offender such as murderers, and there happens that deterrent effects are non-existent, the fact remains that the society would have avoided additional murder cases committed by the very criminals (Bazemore, 2001; 25). Additionally, capital punishment could serve as an effective prosecution tool. The threat of death compels defendants to enter the deals of pleas for life without paroles or life with a minimum of 30 years. Prosecutors, courts and complainants may decide to spare criminals from execution in exchange for cooperation with the police in searching for still missing persons (Kronenwetter, 2001; 9). In addition, it is cheaper to sentence criminals to capital punishment than keeping them in prisons. Funds allocated for maintaining the convicts could be allocated for other purposes such as helping the needy. In conclusion, it is worth siding with the view that capital punishment is justified. What is particularly appealing about capital punishment is that it is justified based on the principle of retribution. There can be no means of serving justice other than based on the retribution. For instance, a man who steals a car should be asked to pay back the car. Undoubtedly, it would be unfair to have the thief of the car punished with a fine of twenty dollars. In the same way, those who murder should be murdered. Those who kill other by the gun should be shot using the same gun. This should also be applicable for other types of crimes. Besides, it also agreeable that capital punishment is morally justified when applied for crimes entailing murder, especially with elements of aggravation such as multiple homicides, torture murder and child murder, as well as mass killing incidents such as genocide or terrorism. It also deters crimes, considering that the criminals weigh the consequences of crimes. Thirdly, it prevents additional losses of lives, such as through murder by the same criminals. It is also economical to sentence criminals to capital punishment since incarcerating them would mean a significant portion of tax payers’ money will be set aside for their up keep.

Bazemore, G. (2001). Restorative community justice: repairing harm and transforming communities. Cincinnati, US: Anderson Publishing. BBC. (2012). Arguments against capital punishment. Ethics Guide. Retrieved on November 13, 2012, from http://www.bbc.co./ethics/capitalpunishment/against_1.shtml Gertrude, E. (1972). Philosophical Perspectives of Punishment. Albany: University of New York. Goldstein, W. (2005). Defending the human spirits: Jewish law's vision for moral societies. New Delhi: Feldheim Publishers. Kronenwetter, M. (2001). Capital Punishment: A Reference Handbook. ABC-CLIO. Phil, B. (2012). Phil for Humanity: The Pros and Cons of Capital Punishment. Retrieved on November 13, 2012, from http://www.philforhumanity.com/Capital_Punishment.html Rita, S. (2007). A comparative analyses of capital punishments: statute, policy, frequency, and public attitude the world over Capital punishment. Lexington Books. Shepherd, J. (2004) Capital Punishments and Crime Deterrence. A Testimony to the Judiciary The Committee, Subcommittee on Crime, Congress, and Homeland Security.

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The International Library of Essays on Capital Punishment, Volume 1

DOI link for The International Library of Essays on Capital Punishment, Volume 1

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This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.

TABLE OF CONTENTS

Part | 2  pages, part i legal issues, chapter 1 | 18  pages, ‘yong vui kong v. public prosecutor and the mandatory death penalty for drug offences in singapore: a dead end for constitutional challenge’, international journal on human rights and drug policy, 1, pp. 35–52, chapter 2 | 16  pages, ‘the limits of international law: efforts to enforce rulings of the international court of justice in u.s. death penalty cases’, syracuse law review, 62, pp. 183–97, chapter 3 | 18  pages, ‘the mandatory death penalty – an international and comparative perspective’, in judges, prosecutors and counsel – a penalty without legitimacy: the mandatory death penalty in trinidad and tobago, london: the death penalty project, pp. 1–17, chapter 4 | 26  pages, ‘fair trial rights and their relation to the death penalty in africa’, international and comparative law quarterly, 55, pp. 609–33, chapter 5 | 26  pages, ‘the right to life and abolition of the death penalty in the council of europe’, european law review, 34, pp. 205–29, chapter 6 | 24  pages, ‘the people decide: the effect of the introduction of the quasi-jury system (saiban-in seido) on the death penalty in japan’, northwestern journal of international human rights, 6, pp. 1–23, chapter 7 | 20  pages, ‘waiting to die, dying to live: an account of the death row phenomenon from a legal viewpoint’, interdisciplinary journal of human rights law, 5, pp. 77–96, chapter 8 | 34  pages, ‘the united nations and abolition of the death penalty’, in jon yorke (ed.) against the death penalty, farnham: ashgate, pp. 9–41, chapter 9 | 18  pages, ‘life and death in the lawyer’s office: the internship in capital punishment studies’, law teacher, 30, pp. 253–69, chapter 10 | 18  pages, ‘the penalty of life imprisonment under international criminal law’, african human rights law journal, 11, pp. 75–92, chapter 11 | 14  pages, ‘death penalty mitigation: a challenge for social work education’, journal of teaching in social work, 20, pp. 187–99, chapter 12 | 14  pages, ‘the global capital punishment litigation landscape’, in peter hodgkinson (ed.) the international library of essays on capital punishment: volume i, farnham: ashgate, pp. 235–48, part ii innocence, chapter 13 | 28  pages, ‘the myth of factual innocence’, chicago–kent law review, 82, pp. 663–90, chapter 14 | 22  pages, ‘the role of the innocence argument in contemporary death penalty debates’, texas tech law review, 41, pp. 199–220, part iii race and religious discrimination, chapter 15 | 14  pages, ‘south africa: racism and the death penalty’, race & class, 19, pp. 404–16, chapter 16 | 10  pages, ‘racism, wrongful convictions, and the death penalty’, tennessee law review, 76, pp. 615–24, part iv gender and sexuality issues, chapter 17 | 20  pages, ‘a nation at war with itself: the potential impact of uganda’s anti–homosexuality bill, centre for capital punishment studies internship report, pp. 58–76, chapter 18 | 50  pages, ‘chivalry is not dead: murder, gender, and the death penalty’, berkeley journal of gender law and justice, 64, pp. 64–112, chapter 19 | 20  pages, ‘zina (adultery) under islamic law in nigeria: the gender issues in amina lawal’s case’, the international library of essays on capital punishment'. volume i, famham: ashgate, pp. 399–417, part v juveniles, chapter 20 | 12  pages, ‘end natural life sentences for juveniles’, criminology and public policy, 6, pp. 735–46, chapter 21 | 24  pages, ‘juvenile parricide offenders sentenced to death, victims and offenders, 5, pp. 76–99, part vi victim issues, chapter 22 | 14  pages, ‘trauma therapy for death row families’, journal of trauma & dissociation, 12, pp. 482–94, chapter 23 | 24  pages, ‘contesting the victim card: closure discourse and emotion in death penalty rhetoric’, sociological quarterly, 50, pp. 383–406, chapter 24 | 20  pages, ‘capital punishment: creating more victims’, in nancy loucks, sally smith holt and joanna r. adler (eds), why we kill: understanding violence across cultures and disciplines, london: willan press, pp. 63–82.

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Capital Punishment and the Death Penalty Essay

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Criminal Law and Procedure

Historical development of criminal law, difference between legal and social parameters in criminal law, elements of a crime.

In most nations, there are two or three sorts of courts that have authority over criminal cases. A single expert judge typically handles petty offenses, but two or more lay justices in England may sit in a Magistrates’ Court. In many nations, more severe cases are heard by panels of two or more judges (Lee, 2022). Such panels are frequently made up of attorneys and lay magistrates, as in Germany, where two laypeople sit alongside one to three jurists. The French cour d’assises comprises three professional judges and nine lay assessors who hear severe criminal cases. Such mixed courts of professionals and ordinary residents convene and make decisions by majority voting, with lawyers and laypeople having one vote.

The United States Constitution permits every defendant in a non-petty matter the right to be prosecuted before a jury; the defendant may forgo this privilege and have the decision decided by a professional court judge. To guarantee the court’s fairness, the defense and prosecution can dismiss or challenge members whom they prove to be prejudiced (Lee, 2022). 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.

One of the most primitive texts illustrating European illegitimate law appeared after 1066, when William the Conqueror, Duke of Normandy, conquered England. By the eighteenth century, European law addressed criminal behavior specifically, and the idea of trying lawbreakers in a courtroom context began to transpire (Zalewski, 2019). The English administration recognized a scheme referred to as common law, which is the method through which regulations that regulate a group of people are established and updated. Corporate law relates to public and illegal cases and is grounded on the establishment, adjustment, and expansion of laws by adjudicators as they make permissible judgments. These decisions become standards, prompting the consequences of impending cases.

Misdemeanors, offences, and sedition are the three types of unlawful offenses presented before the courts. Misdemeanors are petty infringements decided by penalties or confiscation of property; some are penalized by less than a year in prison. Offences are meaningfully more heinous felonies with heavier consequences, such as incarceration in a federal or state prison for a year or more. Treason is characterized as anything that breaches the country’s allegiance. Felonious law changes and is often susceptible to modification based on the ethics and standards of the period.

Parameters are values with changing attributes, principles, or dimensions that may be defined and monitored. A parameter is usually picked from a data set because it is critical to understanding the situation. A parameter aids in comprehending a situation, whereas a parameter defines the situation’s bounds (Doorn et al., 2018). The critical concept of the Legal parameter is that behaviors are restricted by unspoken criteria of deviance that are agreeable to both the controlled and those that govern them. Impartiality, fairness, and morality are all ideals conveyed by social justice, and they all have their origins in the overarching concept of law (Doorn et al., 2018). From a social standpoint, it involves various topics such as abortion, cremation, bio-genetics, human decency, racial justice, worker’s rights, economic freedom, and environmental concerns.

All crimes in the United States may be subdivided into distinct aspects under criminal law. These components of an offense must then be established beyond possible suspicion in a court of law to convict the offender (Ormerod & Laird, 2021). Many delinquencies need the manifestation of three crucial rudiments: a criminal act, criminal intent, and the concurrence of the initial two. Depending on the offense, a fourth factor called causality may be present.

First is the criminal act (Actus Reus): actus reus, which translates as “guilty act,” refers to any criminal act of an act that occurs. To be considered an unlawful act, an act must be intentional and controlled by the defendant (Ormerod & Laird, 2021). If an accused act on nature, they may not be held responsible for their conduct. Words can be deemed illegal activities and result in accusations such as perjury, verbal harassment, conspiracy, or incitement. On the contrary, concepts are not considered illegal acts but might add to the second component: intent.

Second is crime intent (Mens Rea): for a felonious offense to be categorized as a misconduct, the culprit’s mental circumstance must be reflected. According to the code of mens rea, a suspect can only be considered remorseful if there is felonious intent (Ormerod & Laird, 2021). Third is concurrence, which refers to the coexistence of intent to commit a crime and illicit behavior. If there is proof that the mens rea preceded or happened simultaneously with the actus reus, the burden of proving it is met. Fourth is causation: this fourth ingredient of an offense is present in most criminal cases, but not all. The link concerning the defendant’s act and the final consequence is called causation. The trial must establish outside a possible suspicion that the perpetrator’s acts triggered the resultant criminality, which is usually detriment or damage.

The risk of executing an innocent man cannot be entirely removed despite precautions and protection to prevent capital punishment. If the death penalty was replaced with a statement of life imprisonment, the money saved as a result of abolishing capital punishment may be spent in community development programs. The harshness of the penalty is not as efficient as the guarantee that the penalty will be given in discouraging crime. In other terms, if the penalty dissuades crime, there is no incentive to prefer the stiffer sentence.

Doorn, N., Gardoni, P., & Murphy, C. (2018). A multidisciplinary definition and evaluation of resilience: The role of social justice in defining resilience . Sustainable and Resilient Infrastructure , 4 (3), pp. 112–123. Web.

Lee, S.-O. (2022). Analysis of the major criminal procedure cases in 2021 . The Korean Association of Criminal Procedure Law , 14 (1), pp. 139–198. Web.

Ormerod, D., & Laird, K. (2021). 2. The elements of a crime: Actus reus . Smith, Hogan, and Ormerod’s Criminal Law , pp 26–87. Web.

Rancourt, M. A., Ouellet, C., & Dufresne, Y. (2020). 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.

Wheeler, C. H. (2018). Rights in conflict: The clash between abolishing the death penalty and delivering justice to the victims . International Criminal Law Review , 18 (2), 354–375. Web.

Zalewski, W. (2019). Double-track system in Polish criminal law. Political and criminal assumptions, history, contemporary references . Acta Poloniae Historica , 118 , pp 39. Web.

• Death Penalty: Arguments For and Against
• Restorative Justice and the Death Penalty
• Constructive, Reckless and Gross Negligence Manslaughter
• Crimes Against Property, Persons, and Public Order
• Criminal Law, Immunity and Conviction
• Capital Punishment Is Morally and Legally Wrong
• The Significance of Capital Punishment in the UAE
• “Dead Man Walking” by Sister Helen Prejean
• The Legality and the Processes of the Death Penalty
• Criminal Sentencing and the Eighth Amendment
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2023, December 17). Capital Punishment and the Death Penalty. https://ivypanda.com/essays/capital-punishment-and-the-death-penalty/

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IvyPanda . 2023. "Capital Punishment and the Death Penalty." December 17, 2023. https://ivypanda.com/essays/capital-punishment-and-the-death-penalty/.

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• Capital Punishment Essay

Essay on Capital Punishment

Capital Punishment is the execution of a person given by the state as a means of Justice for a crime that he has committed. It is a legal course of action taken by the state whereby a person is put to death as a punishment for a crime. There are various methods of capital punishment in order to execute a criminal such as lethal injection, hanging, electrocution, gas chamber, etc. Based on moral and humanitarian grounds, capital punishment is subjected to many controversies not only at the national level but also at the global platform. One must understand the death sentence by itself.

Many records of various civilizations and primal tribal methods denote that the death penalty was a part of their justice system. The system of the prison was evolved to keep people in confinement for some time who have done wrong in their life and was harmful to society. The idea behind keeping the criminal in the prison was to give them a chance to change and reform themselves. The idea works well with people who have done minor offences like theft, robbery, etc. A complication arises when grievous offences like brutal and inhumane acts of rape, murder, mass killing, etc. are involved. So, the contentious part is the grimness of the crime, which is the deciding reason for execution. 

During the 20th century period, millions of people died in the wars between the nations or states. In this violent period, military organizations practised capital punishment as a way of maintaining discipline. The death penalty was employed for crimes in many religious beliefs and historically was practised widely with the support of religious hierarchies. Today, there is no religious faith attached to the morality of capital punishment. It has been left to the discretion of the judiciary system to award the punishment in special circumstances. 

Most people feel that punishment for crimes like murders, rapes, and mass killings should not be death but some reformative or preventive sentence. The death penalty cannot reform a criminal, since once dead he cannot be reformed. Some people hold the view that no one has the right to take away anyone’s life for any reason. One should not take the role of God in taking away anybody’s life. At the same time, a criminal has no right to take away anyone’s life for any reason at all. If a person could go to an extent of taking someone’s life, he too has no right to live in a civilized society. Both the arguments can be cited to support viewpoints that are poles apart. 

Mankind has coined a large number of methods of capital punishment:

hanging by the rope until a person breathes his last.

death by electric current.

the murderer faces a firing squad.

the offender is beheaded and executed.

the culprit is poisoned.

the offender is stoned to death.

he is burnt alive at the stake.

the criminal is made to drown.

the criminal is thrown before hungry beasts of prey.

death through crucifixion.

Guillotine.

the offender is thrown into a poisonous gas chamber.

Methods can be different but all of these methods have one thing common and that is capital punishment is barbaric in all forms. It is savage and vindictive. It is a relic of an uncivilized era. Many people say that the methods by which executions are carried out involve physical torture. Contrary to the popular belief that the death penalty deters all future crimes, various surveys have shown that the threat of the death penalty does not in any way reduce the occurrence of violent crimes. 

Capital Punishment in India

Capital punishment in India does not come with a single stoke. The practice of Capital punishment is not very common in India. In our country, the Court of Session awards a death sentence according to the gravity of the offence, and this verdict requires confirmation by the High Court. Then an appeal can be made to the Supreme Court of India. In some cases, an appeal to the Supreme Court lies as a matter of right, where the High Court has reversed the verdict of the Sessions Court either into acquittal or punishment or has enhanced the sentence to capital punishment. 

Lastly, if needed an appeal can be made to the president of India and the governors of states for mercy. The President is solely guided by the notes in the files by the Home Minister or the Secretariat. He is bound to pen down the reasons for mercy. It is exercised very judiciously. 

Contemplating over capital punishment has been ramping on for a countless number of years. It is true that the death sentence is not the solution to the increase in crimes but at the same time, capital punishment inflicts physiological fear in the minds of people. In many countries, the use of this punishment has helped to deter crimes and change the minds of future criminals against committing heinous crimes. Capital punishment should be given in the rare of the rarest cases after proper investigation of the criminal’s offence. 

FAQs on Capital Punishment Essay

Q1. What Do You Understand By Capital Punishment?

Ans. Capital Punishment is the execution of a person given by the state as a means of Justice for a crime that he has committed. It is a legal course of action taken by the state whereby a person is put to death as a punishment for a crime. There are quite a few methods of capital punishment to execute a criminal such as lethal injection, hanging, electrocution, gas chamber, etc.

Q2. Why Do Some People Argue Against Capital Punishment?

Ans. Some people argue against capital punishment because they hold the view that no one other than God has the right to take anyone’s life. They argue that criminals should get a chance to change or reform themselves into good and responsible human beings. If they are executed, then they cannot be reformed.

Q3. What are Some Methods that Mankind has Coined for Capital Punishment?

Ans. Mankind has coined various methods of capital punishment:

the criminal is burnt alive at the stake.

the offender is thrown before hungry beasts of prey.

Q4. Does Capital Punishment Deter the Rate of Crimes?

Ans. There is no solid evidence to the theory of capital punishment that it reduces the crime rate but yes it does instil psychological fear in the minds of future criminals against committing heinous crimes.