The Possitive and Negative Effects of the Death Penalty - Essay Example

Table of Contents Page Introduction 2 Arguments For the Death Penalty 3-5 Arguments Against the Death Penalty 5-8 Conclusion 8-9 Woks Cited 10-11 Introduction The death penalty as a punishment for crime has long been a controversial topic within the USA. Also known as 'capital punishment', the death penalty has been administered as decapitation, hanging, by electric chair, and more recently, by way of lethal injection (Disoon 3). The death penalty was a universal practice to punish anti-social actions, although in the 21st century, most democratic nations have stopped using it, The USA, Japan and South Korea being the exceptions (Katz, Livett and Shustorovich 318). Furthermore, the USA is one of the few countries that will execute persons identified as experiencing a psychopathology, as having a low IQ score, or is a juvenile offender (i.e., is under the age of 18) (Katz, Livett and Shustorovich 318). Recently, the debate over the use of the death penalty has become highly contentious, and its use as a form of punishment has decreased across the nation (Katz, Livett and Shustorovich 318). For example, most of the executions that occurred during 2002 occurred in the South of the USA, with Texas accounting for three times as many executions as those carried out in the West, Midwest and Northeast altogether. Overall, most states did not use the death penalty during 2002. Currently, the debate focuses on the availability of empirical evidence, and discourse on ethics and morality, to determine whether the death penalty should, or should not, remain as a punishment alternative. This paper aims to review the arguments of the death penalty debate. Firstly, the arguments For the use of capital punishment shall be outlined. Secondly, the arguments Against the use of the death penalty shall be presented. Finally, a conclusion shall synthesize the main arguments and make recommendations for future research. Arguments For the Death Penalty A dominant argument for the use of the death penalty is that the highest interest for a society is to prevent the deviant behavior of murder, and so the strongest punishment should be employed to deter the potential for murder to occur (Death Penalty Curricula for High School). According to this reasoning, the death of those who do commit murder will motivate other potential murderers to re-think their actions, as they will fear the loss of their own life. The arguments For the death penalty contend also, that although many studies show the results of the deterrent hypothesis to be inconclusive, that this may well be because the punishment is so infrequently used, due to the long process involved to actually carry out an execution (Katz, Livett and Shustorovich 318). It is postulated that the US states that utilize the death penalty would have much higher rates of murder if they did not use this form of punishment at all. Also, the arguments focus on the ability for capital punishment to deter those who are executed for murder, not only as a protection for the public, but also for other prisoners and staff who work within the prison system (Death Penalty Curricula for High School). Ultimately, it is contended, as a form of permanent incapacitation the death penalty aids in crime prevention and so the protection of society. An in-depth study by Isaac Ehlich is often pointed to as providing proof that murder rates change when there is the likelihood of losing one's life for the crime (Ehlich [a] 32). Ehlich concluded that as many as 7 or 8 murders were prevented through the use of capital punishment in the USA, during the period from 1933 to 1967 (Ehlich [b] 15). Furthermore, to support Ehlich's findings, a study in England by Wolpin found that for every execution, there was a reduction, on average, of four other murders (Wolpin 43). Those who argue For the death penalty to remain, point to the punishment's ability to restore justice within society (Gross and Ellsworth 1233). In that, when one person's life is taken through the action of murder, that the balance of justice within the community is unbalanced, and that it is only the taking of the life of the murderer that balance can be restored. So that, by way of using capital punishment the community can reinforce the social norm that the act of murder is an unacceptable behavior that will not be tolerated. Furthermore, another social norm that is reinforced is that murder is one of the anti-social behaviors that will be repaid in kind. One study found that between 60% of the public who were surveyed about their attitudes toward the use of the death penalty agreed that it was the preferred form of punishment for murder (Dezhbakhsh, Rubin, and Shepherd 434). The argument For the death penalty points to this social norms grounding in Christian doctrine that stipulates 'an eye for an eye' as retributions for wrongs committed against another. It is stated that the execution of the murderer brings closure for the victim's family, who tend to be angry, emotionally distraught and bewildered by such an event as their loved one being taken from them in such an unjust manner. This argument maintains that nothing less than the death of the murderer could possibly come close to providing some form of retribution for the sufferings of the family, and for the protection of society. A third argument often used in defense of capital punishment is that a lack of evidence exists to support the claims that innocent people are still being executed, despite the additional safeguards and appeals processes that were adopted in the 1970s (Gross and Ellsworth 1233). Furthermore, if any innocent people did happen to be executed, the occurrence would be extremely rare, and so the practice of the death penalty can be justified, as the risk is only slight. Additionally, if more reforms are necessary for the capital punishment process, such as introducing compulsory DNA testing, then these processes should be evaluated and adopted as necessary, but should not be viewed as reasons to abolish the use of the death penalty. Also, it is contended by the For argument that many of those who are later found to be innocent, occurs because of legal technicalities, and does not mean that the person is actually innocent of the crime of murder. The For argument also supports the use of discretion within the justice system, stating that the US constitution requires that not all those convicted of first degree murder are to be put to death, as each crime, defendant and victim are unique (Dezhbakhsh, Rubin, and Shepherd 434). For this reason, it is argued, it is unreasonable to imply that African-Americans are discriminated against in the use of capital punishment, as more Anglo-Americans are executed in the USA. Also, the argument continues, if African-Americans did comprise a larger population of those on death row, it would merely reflect that African-Americas commit more murders in comparison to Anglo-Americans. Ultimately, if flaws exist within the justice system, such as the ability for some murderers to hire more expensive and highly trained lawyers, it is not reason enough to do away with the use of capital punishment, rather an indication of more reforms that need to be implemented. Arguments Against the Death Penalty In contrast, the arguments Against the use of the death penalty contend that the deterrence hypothesis lacks empirical evidence to supports its claims that capital punishment does actually deter the act of murder (Katz, Levitt and Shustorovich 318). It is stated, that there exists an empirical data to show that capital punishment does not deter crime to any greater degree than the method of life imprisonment. Furthermore, the arguments Against point to research that indicates the use of the death penalty may perpetuate crime, as it the method places the blame solely on the offender, and ignores investigation of biopschosocial causes of their behaviors, which maintains cultures and environments that facilitate a criminal mentality. It is highlighted that the US states that do not use capital punishment have, in general, much low rates of murder than those states which use the death penalty (James and Cecil 291). At a more global level, the murder rates within the USA are much higher when compared with countries such as Australia and Canada that do not use this form of punishment. As such, the literature appears to indicate that the death penalty does not work as a deterrent for the crime of murder. In regards to capital punishment providing retribution, the arguments Against point to the fact that the penalty of death is not justice, for the taking of another's life, it is revenge (Katz, Levitt and Shustorovich 319). As such, it is an instinctual, emotional, and impulsive response against another who is perceived to have done wrong. And as a mature and democratic society, the USA should be able to practice a more measured response to a crime such as first degree murder, than simply an 'eye for an eye.' It is contended that the purpose of the justice system that is currently in place is to foster and guide all people toward social interaction that embraces a set of higher principles that encourage respect for all life, and an understanding of how to prevent murderous acts from occurring, from the social level. The use of the death penalty serves only to extend the chain of violence, and further unbalances society as the value that is fostered is to act on one's basest motives to obtain 'justice.' The arguments Against also point to research that show many families of the victims are against the death penalty (Haines 1229). As such, some of those families who have been interviewed have said that the use of an execution as retribution for their personal loss is disrespectful to them, and their lost loved one, as it brings only more pain and suffering. Also, the simplistic concept of an 'eye for an eye' is not used in regards to other heinous crimes such as rape or torture, and so the death penalty can be considered to be disproportionate to the crime. Especially as so few executions actually occur, and those that do tend to be for defendants who do not have the social or economical resources to present an adequate defense, and so the worst offenders are not actually those who are taken out of society. Of serious concern for the Arguments against, is the irrevocable nature of the death penalty (Disoon 5). If an innocent is mistakenly executed, nothing can be done to amend such an erroneous act. It is contended that many studies support the fact that innocent people have been sentenced to death. For example, since 1973, 121 people have been released from death row after reviews found them innocent to the crime they were to be punished for. Over the same period, 982 people were actually executed, so that for every eight executions there was an innocent on death row. It is argued that the death penalty presents a seriously high, and intolerable, risk of executing innocent people. Furthermore, it is advocated that these statistics indicate the unreliability of the use of the death penalty as punishment. For example, there are cases where members of the concerned public have uncovered the true offender of a murder, and not the actual justice system that is in place for this reason. Ultimately, it is argued, the wrongful execution of an innocent person is a preventable risk, as an alternative sentence such as life imprisonment without parole exists. The arguments Against the death penalty claim that the death penalty does not identify, and punish, the worst offenders, and so society is not protected (Death Penalty Curricula for High School; Katz, Levitt and Shustorovich 320). Rather, the defendants that are executed tend to be those who are unable to hire a quality defense, or committed their murder within a state that has the death penalty, or may be the victim of racial discrimination. Literature indicates that numerous offenders on death row are unable to afford the cost of their own defense, and so are reliant on the justice system to provide them with an 'adequate defense,' although many of the assigned attorneys are inexperienced with capital cases, due to the rare occurrence (Katz, Levitt and Shustorovich 320). Research supports the contention that an African-American defendant is more likely to be sentenced to execution, as compared to an Anglo-American. Also, the death penalty is more likely to be given to African-American who murders an Anglo-American, than to an Anglo-American who murders an African-American. As such, capital punishment is racially divisive as it seems to endorse the value of Anglo-American lives over that of African-American lives. The fact that the states of the USA differ as to whether the death penalty is used or not as a punishment for the crime of murder is an example of its arbitrary nature (Haines 1230). The wide range of discretion available to the prosecutors also contributes to the punishment being arbitrary, as the prosecutor may benefit more by offering a plea bargain to the offender than following through on the use of the death penalty. The Against arguments points to the unfairness of a justice system that allows ethnicity, economics and geography to determine who lives and dies for the same type of crime, and so the death penalty should be abolished. Conclusion In conclusion, it is evident that the topic of maintaining the use of the death penalty is a highly debated issue within the USA toady. The dominant topics within the debate are; capital punishments use of the deterrent thesis, the ability of the death penalty to provide retribution, the risk involved of mistakenly executing innocents, and the arbitrary nature of the capital punishment process. To date, there does not appear to be conclusive evidence to support either view. This may be due to the rare occurrence of executions actually taking place, and so there is not enough data available at this time to confidently make claims either way. However, the ethical and moral dilemmas that arise from the use of the death penalty, such as the mistaken execution of innocents, or the ability of socio-economic and geographical factors to influence a sentence, call into question its reliability. It is recommended that more extensive research be undertaken to establish if the worst offender are actually the ones who are executed, and to ensure that the reforms and appeals processes are equally available to all defendants. It is also suggested that empirical research be carried out on inmates on death row itself, to determine their perceptions of the death penalty to act as a deterrent to heinous crimes, such as those they themselves have committed. Due to the level of uncertainty surrounding the issue of capital punishment is contended here that the death penalty should not be used until it can be empirically established that it is a fair and just form of punishment. Works Cited Death Penalty Curricula for High School. 1 Nov 2001. Michigan State University Comm Tech Lab and Death Penalty Information Center. June 14 2006. . Dezhbakhsh, Hashem, Rubin, Paul H. and Shepherd, Joanna M. "Does capital punishment have a deterrent effect New evidence from postmoratorium panel data." American Law and Economics Review, 5. (2003): 344-376. Disoon, John, E. "Changing attitudes toward capital punishment, 1972-1982." Presented to the American Society of Criminology, 1994. June 14 2006 Ehlich, Isaac. "The deterrent effect of capital punishment: A matter of life and death" American Economic Review, June. (1975): 31-51. Ehlich, Isaac. "Capital punishment and deterrence: Some further thoughts." Journal of Political Economy, April. (1977): 15-24. Gross, Samuel, R. and Ellsworth, Phobec, C. "Second thoughts: Americans' views on the death penalty at the turn of the Century. Social Forces, March (2004): 1233-1257. Haines, Herbert, H. "The Contradictions of American Capital Punishment (review)." Social Forces, March (2004): 1229-1232. James, Anne and Cecil, Joanne. "Out of step: Juvenile death penalty in the United States." The International Journal of Children's Rights, 11 (2004): 291-303. Katz, Lawrence, Levitt, Steven D. and Shustorovich, Ellen. "Prison conditions, capital punishment, and deterrence." American Law and Economics Review, 5. (2003): 318-343. Wolpin, Kenneth. "Capital punishment and homicide in England: A summary of results." American Economic Review, May. (1978): 42-55. Read More