The Death Penalty Debate

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Recommended: Racial and Ethnic Inequities Within the Justice System

The Death Penalty Debate

* Justice: Victims and/or victims' families expect punishment to be

appropriate for the crime committed.

* Religious considerations: Jewish and Christian scriptures support

capital punishment.

* Deterrence: Fear of the death penalty may stop others from

committing capital offenses. At the very least, execution

certainly stops murderers from killing again.

Arguments Against the Death Penalty:

* Mistakes: The wrongful execution of an innocent man or woman

cannot be reversed.

* Racial disparity: Compared to the population as a whole, a higher

percentage of minorities are executed than non-Hispanic whites.

(However, a higher percentage of minorities are also incarcerated.

Is the disparity due to law enforcement bias and judicial bias, or

is it due to minorities committing crime at a higher rate?)

* Cruel and unusual?: Legal challenges depict the practice as

inhumane.

Deterrence

For

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.

Against

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 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

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