Argument for and against the Use of Death Penalty in Contemporary America - Essay Example

Argument for and against the use of death penalty in contemporary America Law defines a set of rules that regulates people’s behaviors in interactions. It stipulates what is right and what is wrong and provides for penalties against breaching acts. Criminal law, a branch of law that defines relationship between individuals and the state or nation has provisions for specific punitive measures against law offenders and death penalty is one of the available punishments. The penalty has however generated diverse opinions over implementation regarding effects of its implementation in the contemporary American society.

This paper explores these opinions. Arguments for the death penaltyOne of the opinions that support implementation of the death penalty against capital offenders is its effectiveness in eliminating the criminals from the society. This effectively reduces rates of capital crimes by permanently eliminating the criminals from the targets. As opposed to imprisonment that often allows the criminals back to the society to induce high probability of further crimes, death penalty ensures complete elimination of the criminals from the society and hence reduces the rates of such crimes.

The death penalty also identifies an economic advantage to the government that can then save its limited financial resources for social utilities instead of using the resources to maintain individuals who have been detrimental to the society’s utility. It therefore allows the government to focus on a single interest of providing the society’s utilities instead of dividing resources toward meeting utilities and maintaining individuals who have been detrimental to the government’s utility initiatives.

Death penalty should also be implemented because of its retribution effect that not only punishes crimes but also derives utility from achieved justice to victims of capital crimes. Relatives and close friends of a murder victim will for example derive social and emotional utility from a death penalty against the murderer besides the general good of a safer society. The death penalty has also been supported for its effectiveness in discouraging criminals. This is majorly because people fear death and the associated pain.

A person will therefore be more rational to refrain from a crime that attracts death penalty for fear of losing his or her own life as opposed to crimes that only attract fines or imprisonment, penalties that does not physically affect the criminals’ lives.Arguments against death penaltyThere are however a number of augments that oppose implementation of the death penalty. One of the bases of such arguments is the effect of injustice that leads to execution of innocent individuals. Conviction to death penalties also largely relies on proficiencies of the prosecution and the defense attorneys and not the reality into crimes towards the penalties.

The impacts of miscarried justice towards a death penalty are also immense on the family and close friends of a suspect who is wrongfully convicted. The penalty is similarly criticized for its inhumane approach that also seems to contradict provisions for fundamental human rights.ConclusionEven though arguments against death penalty identify valid positions such as possible injustice and the criminal’s interest in human rights, they do not factor in the rights of the remaining section of the society that is larger than the criminals are.

Further, injustice is not a likely occurrence because of the involved expertise in the judicial system and room for appeal. Implementation of the penalty however ensures a safe society through either elimination of criminals or determent of crimes. Death penalty should therefore be implemented for its utilitarian benefits.