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Death Penalty Essay Introduction — a Quick Guide

Table of Contents

The death penalty is a state-sanctioned practice where an individual is executed for an offense punishable through such means. Death penalty essay is a common topic given to students where the essay writer argues this controversial issue and takes a stand. The death penalty essay intro consists of the opening sentence, the background information, and the thesis statement.

Writing a compelling introduction isn’t easy. But with the tips and examples in this guide, you’ll be able to write a captivating introduction.

What Is a Death Penalty Essay?

The death penalty is the practice of executing a person guilty of capital murder, a crime in which the loss of life is intentional. This method of punishment has been around for as long as human civilization.

The death penalty has been controversial for a long time, with people on both sides of the fence. Supporters claim it works to deter crime, but there is no evidence to prove it. Opposers claim it is cruel and is not the best way to serve justice. 

A death penalty essay argues for or against the death penalty. This essay topic is a typical assignment given to college students. Common death penalty essay topics are as follows:

  • About the Death Penalty
  • Does the Death Penalty effectively deter crime?
  • The Death Penalty should not be legal
  • The Death Penalty should be abolished.
  • Death Penalty and Justice
  • Pro-Death Penalty
  • Is the Death Penalty Morally Right?
  • Death Penalty is Immoral
  • Religious Values and Death Penalty
  • Ineffectiveness of Death Penalty
  • Punishment and the Nature of the Crime
  • The Death Penalty and Juveniles.
  • Is the Death Penalty Effective?
  • The Death Penalty is Politically Just
  • The Death Penalty: Right or Wrong?
  • Abolishment of the Death Penalty
  • The Death Penalty and People’s Opinions
  • Is Death Penalty Humane?

How to Write an Interesting Death Penalty Essay Intro

Like other essays, the death penalty essay intro comprises three parts. The hook, a strong opening sentence, grips the reader, sparks their curiosity, and compels them to read the rest of the piece.

Subsequent sentences provide background information on the topic and define the argument’s terms. The last part is the thesis statement, which summarizes the central focus of the essay.

1. the Opening Sentence/Hook

The hook is a statement that grips the reader’s attention and makes them want to read on . The hook should be an exciting statement that sparks the readers’ curiosity, and sets the tone for the essay. It should give an overview of the topic. You could begin with a thought-provoking question, an interesting quote, an exciting anecdote, or a shocking statistic or fact. 

2. Background Information

Provide more information about the subject you are discussing. Create context and give background information on the topic. It could be a social or historical context. Define key terms that the reader might find confusing and clearly but concisely state why the issue is important.

3. Thesis Statement

The thesis statement is the overarching idea – the central focus of the essay. It summarizes the idea that you’ll be explaining throughout the entirety of the piece. Once this statement has been established, you’ll smoothly transition into the main body of your essay. Make the thesis clear and concise. 

Death Penalty Essay Introduction Example

Does the death penalty deter crime, especially murder? The death penalty has been controversial for years. Over the years, public opinion about the death penalty seems to have changed. But there are still people who think it is a proper punishment. I have heard the phrase “An eye for an eye” most of my life. Most people firmly believe that if a criminal took someone’s life, their lives should be taken away too. But I don’t think that will discourage anyone from committing crimes. I believe that the criminal should be given a lighter punishment. 

person writing on brown wooden table near white ceramic mug

The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases.

A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber , followed by background information on the topic and then the thesis statement.

Death Penalty Essay Introduction — a Quick Guide

Abir Ghenaiet

Abir is a data analyst and researcher. Among her interests are artificial intelligence, machine learning, and natural language processing. As a humanitarian and educator, she actively supports women in tech and promotes diversity.

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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 in thesis statement

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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Human Rights Careers

5 Death Penalty Essays Everyone Should Know

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

“When We Kill”

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

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

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

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

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

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

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

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

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

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

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

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

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

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

By: Paul Brown | From: The Marshall Project 2019

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

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

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About the author, emmaline soken-huberty.

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

Home — Essay Samples — Social Issues — Human Rights — Death Penalty

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Argumentative Essays on Death Penalty

It's difficult to write about the complex and often controversial subject of the death penalty. Selecting an engaging and personally resonant essay topic is crucial for a successful academic endeavor. We emphasize the importance of creativity in this process and aims to make the information accessible to students of varying academic levels. Let's embark on this journey together, exploring topics that not only challenge but also expand our understanding and critical thinking skills.

Essay Topics by Type

Below, you'll find a curated list of essay topics categorized by type, each with a distinct focus ranging from technology and society to personal growth and academic interests.

Argumentative Essay Topics

  • The Morality of the Death Penalty: Is it a justified form of punishment?
  • Cost Implications: Comparing the economic impact of the death penalty versus life imprisonment.
  • Effectiveness as a Deterrent: Does the death penalty truly deter crime?

Compare and Contrast Essay Topics

  • Death Penalty Practices Worldwide: How different countries approach capital punishment.
  • Historical vs. Modern Perspectives: The evolution of the death penalty in the legal system.

Descriptive Essay Topics

  • A Day in the Life: Describing the process of a death penalty case from verdict to execution.
  • Public Perception: How media representations influence views on the death penalty.

Persuasive Essay Topics

  • Abolition Arguments: Persuading against the continuation of the death penalty in modern society.
  • Rehabilitation over Retribution: The case for prioritizing rehabilitation for criminals.

Narrative Essay Topics

  • Personal Testimony: Narratives from families affected by the death penalty.
  • Life on Death Row: A day in the life of a death row inmate, based on real accounts and research.

Introduction Paragraphs

Each essay topic comes with a suggested introductory paragraph to kickstart your writing process.

The Morality of the Death Penalty

In the debate over the death penalty, the crux of the argument often revolves around its moral standing. This essay will explore the multifaceted dimensions of capital punishment, questioning its justification as a punitive measure. Thesis Statement: Despite its intention to serve justice, the death penalty raises significant ethical concerns, challenging the principles of human rights and dignity.

Death Penalty Practices Worldwide

Capital punishment varies significantly across different cultural and legal landscapes. This essay aims to compare and contrast the application of the death penalty in various countries, shedding light on the global diversity of justice. Thesis Statement: A comparative analysis reveals profound differences in ethical, legal, and procedural frameworks governing the death penalty, reflecting broader societal values and norms.

Conclusion Paragraphs

Concluding paragraphs are crafted to summarize the main points and reinforce the thesis, adding a final reflection or call to action.

This essay has traversed the ethical landscape surrounding the death penalty, examining its complex implications on society and the justice system. The evidence suggests that the moral costs of capital punishment far outweigh its purported benefits. Final Reflection: In the pursuit of a more humane and just society, abolishing the death penalty emerges as a necessary step forward.

Through a comparative lens, we have explored the diverse approaches to the death penalty, revealing a spectrum of global attitudes towards justice and punishment. These differences underscore the influence of cultural, legal, and ethical considerations in shaping capital punishment policies. Call to Action: It is imperative for nations to reevaluate their stance on the death penalty in light of international human rights standards.

The Death Penalty: Arguments and Alternative Solutions

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The Death Penalty: a Critical Analysis of David Bruck's Arguments

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Why I Support The Death Penalty in Special Cases

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Pro Death Penalty: Uncovering The Good Side in The Evil

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The death penalty, known as capital punishment, refers to the act of carrying out the prescribed execution of a convicted offender who has been sentenced to death by a court of law for committing a criminal offense.

The history of the death penalty stretches back thousands of years. Its origins can be traced to ancient civilizations such as Mesopotamia, where various forms of execution were practiced, including hanging, beheading, and stoning. Throughout history, the death penalty has been used by different societies as a means of punishment for a range of offenses. In medieval Europe, the death penalty became more prevalent, with common methods including burning at the stake, drawing and quartering, and hanging. The practice was often carried out publicly as a form of deterrence and to demonstrate the power of the ruling authority. Over time, there have been shifts in public opinion and legal systems regarding the death penalty. In the 18th century, the Enlightenment era brought forth ideas of human rights and the reformation of justice systems, leading to calls for the abolition of cruel and excessive punishments. In the modern era, many countries have abolished the death penalty, considering it a violation of human rights and the right to life. However, the death penalty remains in practice in several countries around the world, albeit with varying degrees of usage and controversy.

Iran, Egypt, Saudi Arabia, Syria, United States, Japan, Taiwan, China, India, North Korea, Singapore, Iraq, Vietnam, Yemen, Somalia, Bangladesh, South Sudan, etc.

Hanging, shooting, lethal injection, beheading, stoning, inert gas asphyxiation, electrocution and gas inhalation.

Furman v. Georgia: In 1972, this groundbreaking legal case had a profound impact on the death penalty in the United States. The Supreme Court's decision resulted in a temporary suspension of capital punishment across the nation. The ruling declared that the arbitrary application of the death penalty violated the Eighth and Fourteenth Amendments of the Constitution. Consequently, states were compelled to revise their death penalty laws in order to address concerns of arbitrariness and ensure a fairer application of the ultimate punishment. The Troy Davis case: Troy Davis, who was convicted of murder in Georgia in 1991, garnered international attention and raised substantial doubts about the fairness and accuracy of the death penalty. Despite maintaining his innocence until his execution in 2011, his case shed light on issues such as the reliability of eyewitness testimony, the potential for racial bias within the criminal justice system, and the inherent risk of wrongful convictions.

Public opinion on the death penalty is diverse and varies across different countries and cultures. However, there are several common trends and perspectives. Supporters of the death penalty argue that it serves as a deterrent to crime and provides justice for victims and their families. They believe that certain crimes warrant the ultimate punishment and that the death penalty acts as a form of retribution. On the other hand, opponents of the death penalty raise concerns about its morality, effectiveness, and potential for wrongful convictions. They argue that capital punishment violates the right to life, promotes violence, and is irreversible in cases of wrongful execution. Many argue that the justice system is fallible and prone to errors, raising questions about the reliability and fairness of capital punishment. Public opinion on the death penalty has been shifting in some countries, with a growing trend towards abolition. Factors such as evolving societal values, concerns about human rights, and the recognition of the potential for errors and biases within the justice system have contributed to changing perspectives.

1. Deterrence. 2. Retribution. 3. Justice for victims. 4. Cost-effectiveness. 5. Upholding societal values.

1. Irreversibility. 2. Human rights. 3. Ineffectiveness as a deterrent. 4. Racial and socioeconomic biases. 5. Moral and ethical considerations.

The topic of the death penalty is of paramount importance due to its profound implications on society, justice, and human rights. It raises fundamental questions about punishment, ethics, and the role of the state in administering justice. The death penalty sparks intense debates on multiple fronts, including its effectiveness as a deterrent, the potential for wrongful convictions, and the moral implications of state-sanctioned killing. Examining the death penalty forces us to confront inherent biases and flaws within the criminal justice system, such as racial and socioeconomic disparities in sentencing. It prompts discussions on the irreversibility of capital punishment and the risks of executing innocent individuals. Moreover, it demands an exploration of alternative approaches to punishment, rehabilitation, and the potential for reforming criminal justice systems.

The topic of the death penalty is highly relevant and worth exploring in an essay for students due to its interdisciplinary nature and profound societal impact. Writing an essay on this subject provides an opportunity for students to delve into complex ethical, legal, and social issues. Studying the death penalty encourages critical thinking and analysis of the justice system, including questions about fairness, human rights, and the potential for error. It prompts students to examine the moral implications of state-sanctioned killing and grapple with issues of punishment and rehabilitation. Furthermore, researching the death penalty enables students to explore the historical and cultural aspects of capital punishment, analyzing its evolution and variations across different societies. They can investigate case studies, legal precedents, and empirical evidence to evaluate the effectiveness, equity, and potential biases associated with the death penalty.

1. In 2020, Amnesty International reported that at least 483 executions were carried out in 18 countries worldwide. The top five executing countries were China, Iran, Egypt, Iraq, and Saudi Arabia. 2. According to the Death Penalty Information Center, as of April 2021, 185 innocent individuals have been exonerated and released from death row in the United States since 1973. 3. The United States is among the few Western democracies that still retain the death penalty. However, its use has significantly declined over the years. In 2020, the country recorded the lowest number of executions (17) in nearly three decades.

1. Donohue III, J. J., & Wolfers, J. (2009). Estimating the impact of the death penalty on murder. American Law and Economics Review, 11(2), 249-309. (https://academic.oup.com/aler/article-abstract/11/2/249/232287) 2. Goldberg, A. J., & Dershowitz, A. M. (1970). Declaring the death penalty unconstitutional. Harvard Law Review, 1773-1819. (https://www.jstor.org/stable/1339687) 3. Soss, J., Langbein, L., & Metelko, A. R. (2003). Why do white Americans support the death penalty?. The Journal of Politics, 65(2), 397-421. (https://www.journals.uchicago.edu/doi/abs/10.1111/1468-2508.t01-2-00006) 4. Banner, S. (2022). The death penalty. In The Death Penalty. Harvard University Press. (https://www.degruyter.com/document/doi/10.4159/9780674020511/html) 5. Hoyle, C. (2008). Death Penalty. In Elgar Encyclopedia of Human Rights. Edward Elgar Publishing. (https://www.elgaronline.com/display/book/9781789903621/b-9781789903621.death.penalty.xml) 6. Radelet, M. L., & Borg, M. J. (2000). The changing nature of death penalty debates. Annual Review of Sociology, 26(1), 43-61. (https://www.annualreviews.org/doi/abs/10.1146/annurev.soc.26.1.43) 7. Vidmar, N., & Ellsworth, P. (1973). Public opinion and the death penalty. Stan. L. Rev., 26, 1245. (https://heinonline.org/HOL/LandingPage?handle=hein.journals/stflr26&div=63&id=&page=) 8. Donohue, J. J., & Wolfers, J. (2006). Uses and abuses of empirical evidence in the death penalty debate. (https://www.nber.org/papers/w11982) 9. Ellsworth, P. C., & Gross, S. R. (1994). Hardening of the attitudes: Americans' views on the death penalty. Journal of social Issues, 50(2), 19-52. (https://spssi.onlinelibrary.wiley.com/doi/abs/10.1111/j.1540-4560.1994.tb02409.x) 10. Wolfgang, M. E., & Riedel, M. (1973). Race, judicial discretion, and the death penalty. The Annals of the American Academy of Political and Social Science, 407(1), 119-133. (https://journals.sagepub.com/doi/pdf/10.1177/000271627340700110)

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Arguments for and Against the Death Penalty

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The death penalty deters future murders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“We threaten punishments in order to deter crime. We impose them not only to make the threats credible but also as retribution (justice) for the crimes that were not deterred. Threats and punishments are necessary to deter and deterrence is a sufficient practical justification for them. Retribution is an independent moral justification. Although penalties can be unwise, repulsive, or inappropriate, and those punished can be pitiable, in a sense the infliction of legal punishment on a guilty person cannot be unjust. By committing the crime, the criminal volunteered to assume the risk of receiving a legal punishment that he could have avoided by not committing the crime. The punishment he suffers is the punishment he voluntarily risked suffering and, therefore, it is no more unjust to him than any other event for which one knowingly volunteers to assume the risk. Thus, the death penalty cannot be unjust to the guilty criminal.”

Full text can be found at PBS.org .

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

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

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

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

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

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

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

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

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

Click here for the full text from the ACLU website.

Retribution

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The entire speech by Justice Kogan is available here.

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

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

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

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

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

Full text can be found here.

Arbitrariness & Discrimination

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The entire decision can be found here.

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Guide on Writing a Death Penalty Research Paper

Haiden Malecot

Table of Contents

The death penalty is one of the most controversial topics. This topic raises a lot of questions in society and this fact makes it perfect for research. But, it can be a challenging task for students to create a good research paper on such a difficult topic. 

You may be confused about where to look for the information, what is the correct structure for the paper, and many other aspects. But don’t worry, we are ready to help you! In this guide, we will cover all aspects of writing a death penalty research paper . So, keep reading to learn how to craft a strong paper.

How to Start Working on a Research Paper on the Death Penalty

The work on the research paper always starts with an in-depth investigation of a chosen topic. Speaking of the death penalty research, you may have to go through tons of information before figuring out what you want to write about. It is an essential part of writing a strong death penalty research paper , so take enough time for it.

But you might be wondering where to look for credible information. And to ease your search, we compiled a list of the best sources to gather data about the death penalty.

  • Death Penalty Information Center (DPIC). On the site of this organization, you will find a lot of information regarding capital punishment.
  • The Office of the High Commissioner for Human Rights (UN Human Rights). This UN entity publishes various articles and reports concerning the question of the death penalty on its site.
  • Articles and journals. There are a lot of death penalty research papers and other scholarly literature, that can be helpful. Just search a little in research databases and you will find a lot of credible information.

Choosing Topics for Research Papers Death Penalty

The death penalty is a wide topic, and to create a good research it is better to narrow down the topic to one specific aspect. Many students get stuck in this step, as choosing a narrow topic from the variety of available options can be difficult. But, the good news is this task will be much easier for you if you have conducted prior research.

The data you gathered during the prior research can help you to find a direction for your further investigation. All you need is to follow a few simple steps: 

  • Look through the information you found and highlight several aspects that can be researched.
  • Search a little for information on each of the chosen aspects to understand which one is most interesting for you.
  • Write down a few questions related to the chosen aspect.
  • Select a question that is current and engaging — it will be the final topic for your research.

For example, you can conduct research on the death penalty in a specific country. Or, investigate the death penalty in the context of race and religion. There are a lot of options, all you need to do is brainstorm your ideas and find the best one.

Outline for the Death Penalty Research Paper

After you choose your topic and gather enough data, you will have a better idea of what you need to present in your research paper. But, how to structure your paper correctly? It is an important question, as a good structure increases the readability of your work and guarantees a logical development of your points. 

And that’s why you need to create an outline before writing a research paper. An outline will map out the way you will present information, and help you to understand how to connect all parts and create a paragraph flow.

A death penalty research paper should have the same structure as any other research paper. Usually, there are several parts in the following order:

Introduction

  • Main paragraphs
  • References or Bibliography.

You can use these sections to create an outline. But, you should also take into account the guidelines provided by your professor, if any.

Take a look at each section and think about how you want to organize the information in them. Take some notes about what each section should include and in what order. A few words will be enough to get a better understanding of how to develop all your points throughout the paper.

How to Write a Death Penalty Research Paper

So, you researched your topic, created an outline, and now it’s time to write your paper. In this step, all you need to do is follow your outline and present your argumentation or evaluation of the chosen death penalty question. Sounds easy, but to create a great death penalty research paper , you need to know about some common requirements. Let’s learn more about them.

The introduction section helps you to catch the attention of the readers, provide them with some essential information, and give them a better idea of what issue you will discuss in your paper. This section usually includes 1-3 paragraphs, depending on the length of your paper. 

Here are the components of the death penalty research paper introduction:

  • Attention grabber — a short and precise sentence to engage the audience.
  • Background information — a few sentences to give your readers basic knowledge of the death penalty.
  • The significance of research on capital punishment — explain why this topic needs to be addressed.
  • Short literature review — a few sentences about previous research on the topic and existing points of view.
  • Thesis statement — a sentence that conveys your position on the death penalty or a central idea of your research.
  • An outline — a short explanation of what you want to cover in your paper.

The main body is the longest part of a death penalty research paper and the most important one. In this section, you need to describe your research and provide arguments and evidence that support your thesis statement. It is usually divided into several paragraphs to improve readability. To keep the logical flow, present the information in the next order:

  • Methodology. Explain how you conducted research on the death penalty.
  • Ideas, arguments, and evidence. Present each idea in a different paragraph.
  • Final results. The logical solution from your research.

A good conclusion should wrap up everything you write in the main body paragraphs and reinforce your central message. To achieve this goal, you need to include the following components in your concluding paragraph:

  • Reiterate your thesis statement.
  • Summarize your argumentation, evaluation, or solutions (basically, the main points presented in the main body).
  • Remind of the importance of researching the death penalty.

Useful Tips on Writing a Research Paper About Death Penalty

Crafting powerful academic papers requires good critical thinking, evaluation, and writing skills. All of these come with practice. But, you can greatly improve your paper just by following some simple yet effective tips.

There are some tricks and tips that professionals use when writing research papers. And they will definitely be helpful for you, especially for creating a paper on such a controversial topic as the death penalty. So, here are some recommendations from expert writers:

  • Review some death penalty research papers before writing your own to find inspiration and understand how a good paper should be structured.
  • Provide arguments based on official data and credible sources only to avoid bias.
  • Use numerical statistics as evidence of your argumentation.
  • When you cite other sources, make sure you use the correct citation style.
  • Always proofread your work at least two times after you finish it.

Final Thoughts

We hope that our tips will help you to write a powerful death penalty research paper . Remember, that all you need is to choose a question that is interesting to you, conduct in-depth research, and follow our writing recommendations. And don’t be afraid to ask for professional writing help , if you need it!

How do you start a paper on the death penalty?

At the beginning of a death penalty research paper , you need to give the audience a better understanding of what capital punishment is, why it is important to research this topic, and what aspects you will cover in your paper. Provide some background information, a thesis statement, and an outline of your research.

How do you write a thesis statement for the death penalty?

To write a good thesis statement, you need to conduct in-depth research first and then decide what side you choose. State your personal position in a precise sentence to give the audience a clear idea of your point of view.

Is the death penalty a good research paper topic?

If you want to conduct research on a controversial and engaging topic, the death penalty is a good choice for you. There are a lot of aspects and questions you can choose as the main focus of your research. So, find a question regarding the death penalty that is interesting for you, and start your research.

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84 Capital Punishment Essay Topics & Examples

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

📝 Capital Punishment Essay Writing Tips

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

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

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

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

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

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

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

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

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

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One of the most popular topics for an argument essay is the death penalty . When researching a topic for an argumentative essay , accuracy is important, which means the quality of your sources is important.

If you're writing a paper about the death penalty, you can start with this list of sources, which provide arguments for all sides of the topic.

Amnesty International Site

Amnesty International views the death penalty as "the ultimate, irreversible denial of human rights." This website provides a gold mine of statistics and the latest breaking news on the subject.

Mental Illness on Death Row

Death Penalty Focus is an organization that aims to bring about the abolition of capital punishment and is a great resource for information. You will find evidence that many of the people executed over the past decades are affected by a form of mental illness or disability.

Pros and Cons of the Death Penalty

This extensive article provides an overview of arguments for and against the death penalty and offers a history of notable events that have shaped the discourse for activists and proponents.

Pro-Death Penalty Links

This page comes from ProDeathPenalty and contains a state-by-state guide to capital punishment resources. You'll also find a list of papers written by students on topics related to capital punishment. 

  • 100 Persuasive Speech Topics for Students
  • Capital Punishment: Pros and Cons of the Death Penalty
  • Pros & Cons of the Death Penalty
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  • Ethos, Logos, Pathos for Persuasion
  • History of Capital Punishment in Canada
  • Preparing an Argument Essay: Exploring Both Sides of an Issue
  • Recent Legal History of the Death Penalty in America
  • Tips on How to Write an Argumentative Essay
  • The Death Penalty in the United States
  • New Challenges to the Death Penalty
  • 50 Argumentative Essay Topics
  • Furman v. Georgia: Supreme Court Case, Arguments, Impact
  • "The Penalty of Death" by H.L. Mencken
  • The Best Interactive Debate Websites for Students and Teachers
  • Coker v. Georgia: Supreme Court Case, Arguments, Impact

Duke University Libraries

Human Rights Archive - Teaching with Primary Sources

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Analysis and Evaluation

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Subject Guide

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The Rubenstein Library's Human Rights Archive contains extensive primary sources on the death penalty, also known as capital punishment, and its impact on individuals, families, and communities. Collections include post conviction case files as well as the historical files of anti-death penalty advocacy groups. This session introduces students to the issues surrounding the death penalty by exploring and critically analyzing a set of these sources.

This module was developed by Hannah Ontiveros, The Marshall T. Meyer Human Rights Intern 2020-2021, PhD candidate Duke University Dept. of History.

Learning Objectives

  • Analyze documents related to death penalty litigation.
  • Interpret accounts of people involved in death penalty litigation, and legal arguments regarding the death penalty. 
  • Identify key components of death penalty litigation.

Guiding Questions

  • What events are mentioned in each document?
  • How do authors of documents talk about the defendant? The case?
  • How do people talk about the process of death penalty litigation?
  • How do people articulate their arguments relative to Human Rights?
  • 1972: Furman v. Georgia suspends capital punishment in U.S.  
  • 1976: Gregg v. Georgia reinstates capital punishment in U.S.
  • July 2003: Jimmy McNeill was convicted of murder, sentenced to death penalty
  • August 18, 2006: Samuel Flippen executed. This is the most recent execution in North Carolina, though defendants still continue to be sentenced the death penalty.
  • March 2009: McNeill’s MAR granted, death penalty vacated, receives life without parole.

Contextual Readings

“ Death Penalty Information Center, North Carolina .” n.d. Death Penalty Information Center. 

“ The Center for Death Penalty Litigation .” n.d. The Center for Death Penalty Litigation.

“ The Case Against the Death Penalty .” n.d. American Civil Liberties Union.

"The Next to Die" , The Marshall Project

Additional Resources for Instructors

“ High School Curriculum on the Death Penalty .”

“ Capital Punishment in Context .”

Assignment Plan

Before class : familiarize yourself with the Center for Death Penalty Litigation archives , and the capital trial and capital appeals  processes.  Read the short description of the Jimmy McNeill case from which these documents are drawn.

Day of assignment : Either individually or in groups, complete the Human Rights Document Analysis Worksheet [downloadable from the box to the left of the screen] for each of the following documents. Alternatively, If you are working as a class, divide into groups and each group can analyze one document. (~30 minutes).

After filling out the document analysis sheet, share the results of your analysis and discuss these questions (~30 minutes):

  • What is the process of sentencing someone to the death penalty?
  • What objections do people raise to the death penalty?
  • How do Human Rights considerations contribute to people’s perspective on the death penalty?
  • What considerations do the courts take into account during death penalty appeals?
  • What does Jimmy McNeill’s case tell us about the criminal justice system?
  • What does it tell us about capital cases?
  • What does it tell us about the individual people involved in this particular case?

Documents from the Jimmy McNeill case

The three documents are drawn from the Center for Death Penalty Litigation (CDPL) case files for State of NC vs. Jimmy McNeill.  In July 2003 Jimmy McNeill was convicted of the April 2000 murder of his wife, Shirley McNeill, and of discharging a weapon into occupied property. McNeill was sentenced to death, and to 34 to 50 months for the weapon conviction. In March 2009, the NC Superior Court granted McNeill a Motion for Appropriate Relief (MAR) on the grounds that a juror had inappropriately sought advice regarding punishment from a third party during the sentencing phase. On March 12, 2009 Superior Court Judge Richard Doughton vacated the death sentence and ordered a resentencing hearing; McNeill was sentenced to life without parole.

Document #1

"McNeill gets Death", Laurinburg Exchange,   Box 155, Newspaper Clippings, The Center for Death Penalty Litigation Records, David M. Rubenstein Rare Book & Manuscript Library, Duke University, Durham, NC.

Document #2

Lawyers statement. , Box 155, Newspaper Clippings, The Center for Death Penalty Litigation Records, David M. Rubenstein Rare Book & Manuscript Library, Duke University, Durham, NC

Document #3

Order Granting Defendant's MAR , Box 155, Newspaper Clippings, The Center for Death Penalty Litigation Records, David M. Rubenstein Rare Book & Manuscript Library, Duke University, Durham, NC

  • CDPL McNeill Case Box 155
  • Last Updated: Mar 9, 2023 11:03 AM
  • URL: https://guides.library.duke.edu/c.php?g=1088994

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Zimbabwe’s likely to abolish the death penalty: how it got here and what it means for the continent

death penalty in thesis statement

Director and Professor of International Human Rights Law, Centre for Human Rights, University of Pretoria

Disclosure statement

Frans Viljoen does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

University of Pretoria provides funding as a partner of The Conversation AFRICA.

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A rope noose photographed against a black background.

Zimbabwe is likely to abolish capital punishment, following a cabinet decision on 7 February 2024 . However, its parliament still has to endorse the move and pass the necessary law enabling the change. The question is when this will happen, especially since it appears that it would require a constitutional amendment.

When this happens, Zimbabwe will not only draw a line under a long-standing colonial legal import, but also bolster continental and regional trends towards abolition. It will also provide certainty to – and spare the lives of – the 62 prisoners currently on death row.

The change was initiated by a member of the main opposition party, Citizens Coalition for Change, MP Edwin Mushoriwa, through a private member’s bill. This rarely used process was introduced before the National Assembly in November 2023 . According to prescribed procedure, the National Assembly had to approve the official tabling of the bill before it could be gazetted for formal consideration . Now that the executive has signalled its backing, it is all but assured that the Zanu-PF-dominated parliament will formally adopt the bill.

The cabinet decision to abolish the death penalty should not come as a great surprise. Zimbabwe has been a de facto abolitionist state for almost two decades. Although its law still allows for the death penalty, it last executed a prisoner in 2005 .

My academic work is concerned with human rights at the domestic and regional level in Africa. In my view, the trend towards abolition of the death penalty in Africa is one of the hopeful indicators of human rights consolidation.

Public opinion

Legal reform on the death penalty often pits legislatures against public opinion. It is not entirely clear what the Zimbabwean general public’s views on the issue are. In its statement , the cabinet said grassroots consultations were conducted in 30 districts. But it does not say what the outcomes of these consultations were.

A 2018 survey found 61% of Zimbabweans supported retention of the death penalty . However, a 2020 survey of Zimbabwean opinion leaders showed strong support for abolition .

Read more: Kenyan prisoners on death row weren’t deterred by the threat of the death penalty: new research findings

It is probably Zanu-PF’s fear of a popular push back that has stifled action towards abolition. Doing it via a private member’s bill insulates the ruling party from any potential popular backlash, to some extent. It is no coincidence that the 2023 abolition of the death penalty for ordinary crimes in Ghana also came via a private member’s bill .

While some opposition is to be expected, indications are that the general Zimbabwean public will take the government’s lead on this .

It is significant that the 2018 study also found that 80% of those favouring retention indicated that if the death penalty were to be abolished, they would accept it as government policy. The reasons for this level of support for abolition lie in the country’s “pre-colonial” culture and colonial history, as I explain below.

Presidential support

It is surprising that the latest decision did not come earlier . President Emmerson Mnangagwa is well known to be an opponent of the death sentence . He was sentenced to death in 1965 for sabotage by the white minority Rhodesian regime. His sentence was reduced to 10 years’ imprisonment, thanks to his youthful age of 22 .

Soon after he took office, in 2018, Mnangagwa commuted to life imprisonment the sentences of inmates detained for longer than 10 years . In 2016, as vice president, he had publicly declared the death penalty an archaic imposition of British colonialism that is at odds with the values of pre-colonial Shona societies .

In Shona cosmology, murder is understood as affecting the whole community. It calls for a restorative – rather than a retributive – approach. Payment of reparations to the deceased’s family averts the wrath of an “avenging spirit” ( kuripa ngozi ).

Colonial relic

Colonialism left its imprints on Zimbabwe’s criminal justice system. One was the introduction of capital punishment for common law offences such as murder. Abuses during the era of white rule negatively influenced popular attitudes towards the death penalty.

Especially following the unilateral declaration of independence in 1965 by the Rhodesian regime of Prime Minister Ian Smith , it was used as a tool for repression and subjugation . During the liberation struggle against the Rhodesian regime, the offence of “petrol bombing”, for example, carried a mandatory death sentence.

Read more: Malawi abolishes death penalty: what it means for southern Africa

The multiparty agreement that brought about changes to the 2013 constitution reflected the national consensus based on historical misgivings about the death penalty. Article 48 of the constitution, which deals with the right to life, allows that “a law may permit the death penalty”, but limits its application to cases of “aggravated murder”. It further excludes from a possible death sentence all female offenders, offenders over 70 years, and those who were younger than 21 when they committed relevant offences.

It seems inescapable that the complete eradication of the death penalty would require that article 48 be scrapped. Because this provision is part of the bill of rights, its amendment requires a two-thirds majority in parliament, and majority support in a referendum (article 138 of the 2013 constitution ).

Regional and continental significance

Zimbabwe’s abolition of capital punishment will buttress an African and southern African trend towards abolition. Half of Africa’s countries have abolished the death penalty .

Half of the 16 Southern African Development Community (SADC) states have formally abolished it .

In addition, 16 African states are abolitionist in practice. Among these are six SADC states: Comoros (last execution in 1997), DRC (2003), Eswatini (1983), Lesotho (1995), Malawi (1992), and Tanzania (1994).

Should Zimbabwe join the list of abolitionist states, a tipping point could be reached. Its scrapping the penalty for all crimes may inspire these states that are abolitionist in practice, but not in law, to follow suit.

Read more: 12 years without an execution: Is Zimbabwe ready to abolish the death penalty?

A turn towards abolition is also what African Union human rights bodies require. While the African Charter on Human and Peoples’ Rights does not deal with the death penalty, its monitoring body, the African Commission on Human and Peoples’ Rights , has adopted a number of resolutions urging African states to observe a moratorium on the death penalty . It also called on these states to take steps towards abolishing the death penalty, and to support an African treaty on the abolition of the death penalty in Africa .

The African Court on Human and Peoples’ Rights declared the mandatory imposition of the death sentence a violation of the African Charter. It also found that hanging as a means of execution violates the charter, but fell short of outlawing all forms of capital punishment .

However, an abolitionist practice can easily be undone, as shown by the decision of the Democratic Republic of Congo in March 2024 to lift a 21-year moratorium on the execution of the death penalty .

Looking forward

Prisoners sentenced to death are exposed to the agony of living in uncertainty about their fate for prolonged periods. In 1993, the Zimbabwe Supreme Court found that excessive delay in executing the death penalty, combined with deplorable conditions of detention, violated the constitutional guarantee against torture and cruel and inhumane punishment .

Abolishing the death penalty in its totality will place Zimbabwe on the right side of history, at a time when it is looking forward to its readmission to the Commonwealth .

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  • Capital punishment
  • Emmerson Mnangagwa

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Group hails Senate for approving death penalty for drug trafficking

T he Muslim Media Watch Group of Nigeria, MMWG, has commended the Senate over its resolution that death penalty be passed on criminals guilty of drug trafficking.

MMWG, in a statement signed by its National Coordinator, Alhaji Abdullahi Ibrahim, commended the Red Chamber for taking the courageous decision, adding that it was one of the best bills ever passed since the inauguration of the 10th National Assembly.

While calling on the House of Representatives to do same for concurrence, Ibrahim pointed out that “the insecurity problem facing Nigeria has its roots in drug addiction and other negative influences”.

Ibrahim, who particularly commended the Senate Chief Whip, Senator Ali Ndume (APC Borno South) and his deputy, Senator Onyekachi Nwebonyi (APC Ebonyi South) for their contributions in passing the bill, however, disagreed with those condemning capital punishment for violent crimes in Nigeria, pointing out that not less than 20 countries across the world have death penalty as punishment for drug trafficking.

He listed those countries as Malaysia, China, Vietnam, Saudi-Arabia, Iran, Thailand, United Arab Emirate, Singapore, Cambodia, Indonesia, North-Korea, Philippines, Turkey, Costa-Rica and Columbia, among others.

Ibrahim also criticised some human rights groups calling for the abolition of capital punishment, pointing out that “the wave of violent crimes in Nigeria and frequent recurrence of armed banditry, kidnapping for ransom payment, killing and maiming of innocent people with wanton destruction of property, death sentence becomes inevitable if we are truly committed to restoration of peace and tranquility to Nigeria”.

He, therefore, called on President Bola Tinubu not to delay the signing the new legislation into law so as to reduce criminal activities in the country.

On the cybersecurity levy imposed on Nigerians, the MMWG described the Central Bank of Nigeria, CBN, as an insensitive government organ that ought to know that such a levy is ill-timed and unwarranted, calling on the apex bank not to add to the challenge of hard times being currently faced by Nigerians.

The group also called on Tinubu to compel the CBN to discontinue the implementation of “the questionable and irritative levy without further delay”.

Group hails Senate for approving death penalty for drug trafficking

May 14, 2024

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Tennessee governor OKs bill allowing death penalty for child rape convictions

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NASHVILLE, Tenn. (AP) — Tennessee Gov. Bill Lee has approved legislation allowing the death penalty in child rape convictions, a change the Republican-controlled Statehouse championed amid concerns that the U.S. Supreme Court has banned capital punishment in such cases.

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Lee, a Republican, quietly signed off on the legislation last week without issuing a statement.

The new Tennessee law, which goes into effect July 1, authorizes the state to pursue capital punishment when an adult is convicted of aggravated rape of a child. Those convicted could be sentenced to death, imprisonment for life without possibility of parole, or imprisonment for life.

Gov. Bill Lee speaks during a news conference at the end of the 2024 legislative session, Thursday, April 25, 2024, in Nashville, Tenn. (AP Photo/George Walker IV)

Florida’s Gov. Ron DeSantis enacted a similar bill nearly a year ago. A few months after being enacted, Florida prosecutors in Lake County announced in December that they were pursuing the death penalty for a man accused of committing sexual battery of a minor under the age of twelve. According to the Death Penalty Information Center, the case is considered the first to be pursued under the new law.

Meanwhile, Idaho’s GOP-controlled House approved similar legislation earlier this year, but the proposal eventually stalled in the similarly Republican-dominated Senate.

While many supporters of Tennessee’s version have conceded that even though the Volunteer State previously allowed convicted child rapists to face the death penalty, the Supreme Court ultimately nullified that law with its 2008 decision deeming it unconstitutional to use capital punishment in child sexual battery cases.

However, they hope the conservative-controlled U.S. Supreme Court will reverse that ruling — pointing to the decades long effort that it took to overturn Roe v. Wade, the landmark 1973 case that legalized abortion nationwide but was eventually overruled in 2022.

“Maybe the atmosphere is different on the Supreme Court,” said Republican Sen. Janice Bowling last month while debating in favor of the law. “We’re simply challenging a ruling.”

Democratic lawmakers and child advocates worry that the law may instill more fear into child rape victims that speaking out could potentially result in an execution, warning that many children are abused by family members and close friends. Others have alleged that predators could be incentivized to kill their victims in order to avoid a harsher punishment.

Execution law in the U.S. dictates that crimes must involve a victim’s death or treason against the government to be eligible for the death penalty. The Supreme Court ruled nearly 40 years ago that execution is too harsh a punishment for sexual assault, and justices made a similar decision in 2008 in a case involving the rape of a child.

Currently, all executions in Tennessee are on hold as state officials review changes to its lethal injection process. Gov. Lee issued the pause after a blistering 2022 report detailed multiple flaws in how Tennessee inmates were put to death.

No timeline has been provided on when those changes will be completed.

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    The death penalty is racially divisive because it appears to count white lives as more valuable than Black lives. Since the death penalty was reinstated in 1976, 296 Black defendants have been executed for the murder of a white victim, while only 31 white defendants have been executed for the murder of a Black victim.

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  25. Iran: UN experts alarmed by death sentence imposed on peaceful activist

    GENEVA (13 May 2024) ̶ Iran must immediately revoke the death sentence imposed on anti-corruption activist Mahmoud Mehrabi and stop sentencing people to death for expressing their opinions, UN experts* said today.Mehrabi was convicted on charges of "corruption on earth", a term Iran uses to refer to a broad range of offences, including blasphemy and 'crimes' relating to Islamic morals.

  26. Tennessee governor OKs bill allowing death penalty for child rape ...

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  27. Group hails Senate for approving death penalty for drug trafficking

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  28. Tennessee governor OKs bill allowing death penalty for child rape

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