• Science & Math
  • Sociology & Philosophy
  • Law & Politics

Essay: Arguments against the Death Penalty

  • Essay: Arguments against the Death…

The idea of putting another human to death is hard to completely fathom. The physical mechanics involved in the act of execution are easy to grasp, but the emotions involved in carrying out a death sentence on another person, regardless of how much they deserve it, is beyond my own understanding. However, this act is sometimes necessary and it is our responsibility as a society to see that it is done. Opponents of capital punishment have basically four arguments.

The first is that there is a possibility of error. However, the chance that there might be an error is separate from the issue of whether the death penalty can be justified or not. If an error does occur, and an innocent person is executed, then the problem lies in the court system, not in the death penalty.

Furthermore, most activities in our world, in which humans are involved, possess a possibility of injury or death. Construction, sports, driving, and air travel all offer the possibility of accidental death even though the highest levels of precautions are taken. 

These activities continue to take place and continue to occasionally take human lives, because we have all decided, as a society, that the advantages outweigh the unintended loss. We have also decided that the advantages of having dangerous murderers removed from our society outweigh the losses of the offender.

The second argument against capital punishment is that it is unfair in its administration. Statistics show that the poor and minorities are more likely to receive the death penalty. Once again, this is a separate issue. 

It can’t be disputed sadly, the rich are more likely to get off with a lesser sentence, and this bias is wrong. However, this is yet another problem with our current court system. The racial and economic bias is not a valid argument against the death penalty. It is an argument against the courts and their unfair system of sentencing.

The third argument is actually a rebuttal to a claim made by some supporters of the death penalty. The claim is that the threat of capital punishment reduces violent crimes. Opponents of the death penalty do not agree and have a valid argument when they say, “The claims that capital punishment reduces violent crime is inconclusive and certainly not proven.”

The fourth argument is that the length of stay on death row, with its endless appeals, delays, technicalities, and retrials, keep a person waiting for death for years on end. It is both cruel and costly. This is the least credible argument against capital punishment. The main cause of such inefficiencies is the appeals process, which allows capital cases to bounce back and forth between state and federal courts for years on end.

If supporting a death row inmate for the rest their life costs less than putting them to death, and ending their financial burden on society, then the problem lies in the court system, not in the death penalty. As for the additional argument, that making a prisoner wait for years to be executed is cruel, then would not waiting for death in prison for the rest of your life be just as cruel, as in the case of life imprisonment without parole.

Many Americans will tell you why they are in favor of the death penalty. It is what they deserve. It prevents them from ever murdering again. It removes the burden from taxpayers. We all live in a society with the same basic rights and guarantees. We have the right to life, liberty, and the pursuit of happiness with equal opportunities.

This is the basis of our society. It is the foundation on which everything else is built upon. When someone willfully and flagrantly attacks this foundation by murdering another, robbing them of all they are, and all they will ever be, then that person can no longer be a part of this society. The only method that completely separates cold blooded murderers from our society is the death penalty.

As the 20th century comes to a close, it is evident that our justice system is in need of reform. This reform will shape the future of our country, and we cannot jump to quick solutions such as the elimination of the death penalty. As of now, the majority of American supports the death penalty as an effective solution of punishment.

“An eye for an eye,” is what some Americans would say concerning the death penalty. Supporters of the death penalty ask the question, “Why should I, an honest hardworking taxpayer, have to pay to support a murderer for the rest of their natural life? Why not execute them and save society the cost of their keep?” Many Americans believe that the death penalty is wrong. However, it seems obvious to some Americans that the death penalty is a just and proper way to handle convicted murderers.

Related Posts

  • Essay: Against Euthanasia & Robert Latimer Case
  • Essay Analysis Structure
  • Death in Hamlet
  • Essay Against Gun Control
  • Death Penalty: Two Wrongs Don't Make a Right?

Author:  William Anderson (Schoolworkhelper Editorial Team)

Tutor and Freelance Writer. Science Teacher and Lover of Essays. Article last reviewed: 2022 | St. Rosemary Institution © 2010-2024 | Creative Commons 4.0

10 Comments

The title is Arguments against the Death Penalty yet the author spent the whole time counterclaiming any arguments brought up rather than explaining the logistics behind the arguments. No side was taken in this essay however the title clearly states that the essay should be on arguments against.

Who is the Author?

I agree with y’all the death penalty is wrong because why make them die really quick when you can make them suffer for what they did?

I disagree entirely

I agree with you!

Are you Gonna pay for them to be alive then? We are wasting money that could be spent helping the homeless or retired vetrans.

more money is spent on actually executing prisoners ? so how that makes any sense i dont know?

Whatever henious crime one does,we are not uncivilised and barbaric to take the lives of others.If we ought to give them death sentence as punishment,then what distinguishes us from the criminals?Also I don’t think that giving death sentence would deter the other criminals from doing the same and reduce the number of crimes.If insecurity is the major issue behind demanding capital punishment,then the best solution is framing the punishment in such a way that the culprit would never be a threat to the society,not hanging to death.

what distinguishes us from murderers is that we ONLY kill when necessary, if for example there was a serial killer arrested a death penalty is necessary because 1. if said killer ever breaks out they could kill many more people, and 2. the government is already pouring enough money into the prisons right now. more people means more money needed. money that could go to our military or police.

now there is also (as said above) problems with the current situation in the courts, a rich man will get a great lawyer while a poor man gets the best they can afford, though the reasoning behind the long wait I do understand, it is to reduce the likelihood of an innocent man or woman from being put to death.

by the way we don’t hang people anymore we give them painless deaths

also, in response to your idea of a different punishment to stop a criminal from committing crime again do YOU have any ideas because if you do I please post them. I AM willing to have a actual debate if you are willing to calmly do so.

It’s been proven that it costs more to put a prisoner to death by death penalty than letting them sit in jail for the rest of their life. The death penalty is funded by the taxes we pay to the government. As a taxpayer, i don’t want to spend extra money that i make to put a murdered etc. to death when they could sit in jail for the rest of their life and this is just as much punishment for them. They have time to think about their actions and hopefully get their mind right, get some help, and get right with God or whatever faith they believe in if they do. Some cases may be acceptable for the death penalty, but it should be the absolute worse ones, or if the prisoner breaks out as stated before.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Post comment

Round Separator

Arguments for and Against the Death Penalty

Click the buttons below to view arguments and testimony on each topic.

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.

Argumentative essay on death penalty

argumentative essay on the death penalty against it

In 1994, Seth Penalver was sentenced to death for a brutal murder that involved three individuals. There was no actual physical evidence relating him to the crime. The only evidence they had was a video with poor quality in which the murderer’s face could not be seen as well. Penalver remained in custody until 2012, when he was finally acquitted of all charges. (Florida: Seth Penalver, acquitted in 2012) Death Penalty is a crime. The death penalty is unjustifiable, hypocritical and leads to false imprisonment that results in executions that are later discovered to be found.

Seth Penalver case is just among the countless cases that have been recorded by individuals who have been on the verge of death due to poor apprehension tactics in their case. Investigations that have been carried out in numerous states following the reinstatement of the death penalty in 1976 reveals that there are numerous people who were executed yet innocent. It is inevitable to state that the execution of any innocent individual is morally reprehensible. Despite the effort that has been put into guaranteeing proper investigation and conviction of individuals brought in front of a court, no case is fool proof (Ogletree 18). Thus, there might be the conviction of people into death row yet innocent. Based on this, it is recommendable that all individuals, if found guilty beyond reasonable doubt, are given a sentence of life without parole which is reasonably effective. The sentencing of death to some criminals might put them out of the misery they might have endured in prison.

The manipulation of the judicial system has been evident where in history it is recorded that factors such as race influenced the death sentence in certain states. This is evident in cases whereby if an African American murdered a white man, he or she was likely to be sentenced to death which is unlike if the situation was reversed. In states such as Oregon, there have been numerous accounts of biases whereby the blacks were victimized by being given the death sentence, which would not have been the case if a white man killed an African American. The death row system has also been a significant waste of the taxpayers money whereby in cases such as the 1995 Washington County murder cases an estimated $1.5 million shillings was spent yet only one of the three suspects was sentenced to death (Ellsworth and Samuel 28). An investigation conducted by the Oregon Department of Administrative Service has made statements that the abolishment of the death row system would save the federal government a substantial amount of resources that could be utilized in significant development projects.

Despite the overwhelming evidence that may be rendered against a suspect, it is important to note that this does not necessarily make them guilty. However, the lack of a proper defense, particularly among suspects who do not have the financial resources to hire a good lawyer, are likely to be found guilty and sentenced to death. An analysis of the numerous cases that the death penalty has been reversed there has been overwhelming evidence pointing out poor counsel. A study conducted by the Columbia University argues that an estimated 68% of appeals made by individuals sentenced to death have been reversed due to ineffective assistance of counsel. Based on this understanding, it would be inappropriate to continuously sentence people to death row as there are numerous factors that could contribute to misjudgment.

Despite the numerous arguments that have been presented in support of the abolishment of the death penalty, there continues to exist counter arguments who believe that the death penalty should be upheld. Among the substantial arguments that have been presented is that, the public execution of the said offenders serves a public reminder to criminals that crime is not rewarding. Speculations reveal that an evaluation of the rate of homicide in numerous states significantly dropped after the incorporation of the death sentence (Hood and Carolyn 7). The further argument presented in support of the death penalty states that the execution of a convicted felon guarantees that the killer will never be engaged in the act again. This argument has been supported by the fact that a significant number of people have been killed by convicted felons who managed to get parole or escaped from jail.

argumentative essay on the death penalty against it

Irrespective of the varied arguments that have been presented in support of the death penalty, I believe that everyone has the capacity to change. It would, therefore, be inappropriate to sentence convicted felons to death without giving them an opportunity to express their remorse towards their actions. It is important that other means of dealing with criminals who are engaged in great crimes is developed because the death sentence has seemingly had no positive impact on lowering the crime rate.

  • Ellsworth, Phoebe C., and Samuel R. Gross. “Hardening of the attitudes: Americans’ views on the death penalty.” Journal of Social Issues 50.2 (1994): 19-52.
  • Hood, Roger, and Carolyn Hoyle. The death penalty: A worldwide perspective. OUP Oxford, 2015.
  • Ogletree Jr, Charles J. “Black man’s burden: Race and the death penalty in America.” Or. L. Rev. 81 (2002): 15.
  • Bill of Rights
  • Civil Disobedience
  • Drunk Driving
  • First Amendment
  • Forensic Science
  • Gang Violence
  • Human Rights
  • Identity Theft

argumentative essay on the death penalty against it

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.

You may also like

argumentative essay on the death penalty against it

15 Quotes Exposing Injustice in Society

argumentative essay on the death penalty against it

14 Trusted Charities Helping Civilians in Palestine

argumentative essay on the death penalty against it

The Great Migration: History, Causes and Facts

argumentative essay on the death penalty against it

Social Change 101: Meaning, Examples, Learning Opportunities

argumentative essay on the death penalty against it

Rosa Parks: Biography, Quotes, Impact

argumentative essay on the death penalty against it

Top 20 Issues Women Are Facing Today

argumentative essay on the death penalty against it

Top 20 Issues Children Are Facing Today

argumentative essay on the death penalty against it

15 Root Causes of Climate Change

argumentative essay on the death penalty against it

15 Facts about Rosa Parks

argumentative essay on the death penalty against it

Abolitionist Movement: History, Main Ideas, and Activism Today

argumentative essay on the death penalty against it

The Biggest 15 NGOs in the UK

argumentative essay on the death penalty against it

15 Biggest NGOs in Canada

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.

Academia.edu no longer supports Internet Explorer.

To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to  upgrade your browser .

Enter the email address you signed up with and we'll email you a reset link.

  • We're Hiring!
  • Help Center

paper cover thumbnail

Argumentative essay on The death penalty

Profile image of Michael Smith

2016, Argumentative essay on The death penalty

Related Papers

Gerardette Philips

argumentative essay on the death penalty against it

Brendan Beech

Mary Blakelock

charity mae dacut

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

Meray Maddah

" No crime goes unpunished " ; we are probably familiar with this quote where anyone who is guilty of any committed crime they should be prosecuted for it before the law and be held responsible for the actions that generated such crime. What people are also familiar with is the Universal Deceleration of Human Rights and the number of articles that it calls for, but distinctively the right to liberty, freedom and personal security. This right something that states and their sovereigns, at least most of them, aspire to accomplish in respect to their nationals' own security, well-being and livelihood; because after all what good is a state if it is not able to make its citizens enjoy the type of life that every human being is entitled on the expense of a certain political agenda from the state's part. In this sense, the state in such scenario will be the responsible party for not only distributing these rights but also following up with the citizens' utilization of these rights and making that each one does have the bare minimum of each right; meaning the entire right itself and not to settle with anything less. That said, what if the state in this case was the party that not only did it not allow the enjoyment of the before mentioned right; but also was the reason why that person is no longer alive? Capital punishment or the application of the different methods of death penalty are still part of many states' judiciary systems and are still until the present day categorically practiced based upon the crime committed by the defendant. No matter how heinous a crime maybe or the fact that numerous of these crimes claim other people's lives, but in the process what good and what type of benefit can we justify ourselves with when we are producing the same end result, that is death, through different procedures that fall under the label of " law application " ? Most importantly, how can we distinguish ourselves from these same criminals and why is acceptable to kill in the name of a perceived justice if such death penalty is agreed upon by a judiciary commission, than to reject

Joseph U C H E Anyebe

The issues as touching death penalty is as topical as they come. This Work seeks to address some of those issues and proffer solutions to some of those identified therein

Charadine Pich

Indian Journal of Legal Philosophy, ISSN:2347-4963,

Ashay Anand

Since the ancient ages ‘Death Penalty’ has been used as a means of deterring crime and eliminating criminals, but it has always been fraught with issues that have been hotly debated between its supporters and antagonists. In the contemporary era ‘Death Penalty’ faces severe challenges mainly regarding the shadow of arbitrariness looming over its applicability, its ability to be an effective deterrent and the serious issue of innocent people continuously in a danger of being sentenced to capital punishment under questionable circumstances which are still an integral part of this process. Moreover it also faces a continual threat of acting as a tool of retribution under pressure of public opinion and mass media. As such should death penalty be scrapped or should it be allowed to function as a necessary evil or an invisible scepter that keeps the perverse from doing heinous acts is an issue worth consideration.

Ines Manoylova

David Von Drehle

RELATED PAPERS

Mitochondrion

Chang-Yong Tsao , Lynne Wolfe

Astronomische Nachrichten

The Proceedings of the Annual Convention of the Japanese Psychological Association

Tetsuko Kasai

JAT Perspectives

Jennifer Igawa

Plastic and Reconstructive Surgery Global Open

Mark-bram Bouman

Maria Gabriela Chaparro

Molecular Biology of the Cell

Mel Silverman

Arif Rachman

Canadian Journal of Anesthesia/Journal canadien d'anesthésie

Carol Diachun

Medicinski pregled

Dimitrije Segedi

Nuclear Instruments and Methods in Physics Research Section B: Beam Interactions with Materials and Atoms

Ram Prakash

Jurnal Ilmiah Manajemen dan Bisnis

Susi Handayani

Agriculture, Ecosystems & Environment

Evangelos Xylogiannis

Cadernos de Tradução

Leila Mirzoyeva

The Journal of Thoracic and Cardiovascular Surgery

Ramiro Rivera

Loggia, Arquitectura & Restauración

Antonia Navarro Ezquerra

Journal of Applied Pharmaceutical Science

Salma El Marasy

Annals of Palliative Medicine

Elfri Padolo

International Business Review

Belay Seyoum

Lina Budiarti

Jamal Shams

Annals of Geophysics

Milena Moretti

West African Journal of Applied Ecology

samuel amponsah

The Journal of Microbiology, Biotechnology and Food Sciences

Peter Haščík

See More Documents Like This

RELATED TOPICS

  •   We're Hiring!
  •   Help Center
  • Find new research papers in:
  • Health Sciences
  • Earth Sciences
  • Cognitive Science
  • Mathematics
  • Computer Science
  • Academia ©2024

StudySaurus

  • Knowledge Base
  • Popular Essay Topics

Death Penalty Essay

  • Author StudySaurus
  • Category Popular Essay Topics

Disclaimer: This paper has been submitted by a student. This is not a sample of the work written by professional academic writers.

Any opinions, findings, conclusions or recommendations expressed in this work are those of the authors and do not necessarily reflect the views of StudySaurus.

Argumentative Essay on Against the Death Penalty

In the United States criminal justice system when a human being takes the life of another human being there are roughly two options for consequences; Life in prison with no possibility of parole or the death penalty. So, in regard to the death penalty, morality can define what justice may to be in a criminal punishment. Individuals who believe it is morally right to put an individual to death over a horrendous crime support the retentionist argument for the death penalty. Individuals who believe it is morally wrong to kill an individual, despite the crime committed are in support of the abolitionist argument of the death penalty. In the United States, there are thirty-one states in support of the death penalty and remaining nineteen states are against the death penalty law. As the death penalty can be a controversial topic is it important to consider all possible factors. The best approach to the death penalty is the principle of human dignity.

The principle of human dignity is an argument in abolishing the death penalty. The principle of human dignity presents an argument that gives all individuals equal rights regardless of decisions made in a criminal act. The principle of human dignity is an argument that a human being, in virtue of just being a human or person has intrinsic worth. This argument means that a human being is a human being and should always be treated as one. No matter the crime committed, one does not forfeit their right to life even if they have taken one. This argument in abolishing the death penalty can agree with tortures should not be tortured, drunk drivers not being hit with a vehicle, and individuals who are accused of arson should not be set on fire. The consequences for those crimes are excessive; the same thing occurs when in regards of the death penalty. When placing the idea of an eye for an eye on various crimes is seems extreme and unnecessary. A life for a life is excessive. Criminals do forfeit some rights to life, but not all rights to life. Punishments will happen for individuals committing these crimes, but there are punishments that fit the crimes being committed. For example, life in prison with no possibility of parole fits the punishment of first degree murder.

The principle of human dignity directly goes directly against the element of reciprocity. The element of reciprocity explains that we can forfeit our rights by our own actions. If a person violates someone’s right to life, this murderer forfeits his or her right to life. The argument claims the state is not taking anyone’s right away because if one took a life of someone else, they do not have a right themselves. The human dignity argument has the idea that human dignity should always be reserved. Human rights are given to an individual when born should be modified when committing crimes but never forfeited.

The principle of human dignity attempts to portray a message to lead individuals to believe that ending someone’s life says, a person doesn’t have any worth or value left. Individuals should never lose their respect for human dignity. Good or bad actions, all humans have emotions and can feel pain; at somewhat the same level. Individuals who do not agree with the principle of human dignity are in support of the death penalty. There are many factors that morality support the death penalty. Supports are in favor of taking the life of someone who committed a horrendous crime; a life for a life. Individuals who do not agree with the human dignity argument may attempt to argue that the death penalty is an effective consequence because it deters other criminals from committing the crimes. Continuing, it may be argued that the death penalty can show society its moral outrage at unpleasant crimes. Resulting in a decrease in the crime rates. Although this seems efficient, an individual who commits a crime already knowing the consequences. Life in prison with no possible chance of parole is enough to deter an individual of a crime who does not want to seek punishment.

Other supporters of the death penalty derive more from government than society. The government is considerably more in favor of the death penalty because of the costs. It is much cheaper in today’s economy to eliminate the criminals with the death penalty rather than to pay for them to live their entire life in prison. This argument is important to the government because it saves the government more money. Rather than having an inmate in prison and maintain the funds to support these prisoner’s lives, the government would rather choose to execute the criminals. Morally, this is the most incorrect argument regarding the death penalty. No amount of money is equivalent to the life of a human being. Not only is the death penalty decreasing the value of a human being’s life, it is putting the cost and expenses of keeping individuals alive, above their rights to life.

The death penalty is the wrong consequence more many reasons. Although, individuals are rarely put to death for crimes they did not commit, it does happen. To avoid wrongfully killing an individual for a crime they did not commit, the death penalty should not be used a punishment. Technology continues to advance every day. Scientist are figuring out new technology and experiments as we speak. If new advances in technology (regarding the criminal justice system) were to be discovered and the death penalty was not implemented, an individual would gain their rights and freedom back. A wrongfully committed individual can be released from prison, not brought back to life. Not all, but some crimes can be justified.

Although the death penalty has been used for thousands of years to punish criminals, in today’s society it is not as effective. The death penalty is such a controversial topic there will never be a correct answer. The arguments are all based on morals and views. Although there is no correct answer, there is a better answer. The human dignity argument gives all humans, equal rights; regardless is one made a criminal mistake or not. All humans have human dignity.

Capital Punishment Essay

J.R.R Tolkien once said, “many that live deserves death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement.” The death penalty should be repealed because it’s very stressful for those involved, it is extremely expensive, and it has convicted innocent people.

One reason why the death penalty should be illegal is because it’s very stressful for those who are involved. According to Berman there were several officials begging for them to change the pace of executions because it imposes stress and trauma (Berman). This proves that carrying out several executions can take a severe toll on correction officers wellbeing. Berman states, “In a state review, authorities wrote that the execution team placed the IV incorrectly and that the officers involved described a feeling of extra stress and urgency because a second execution was scheduled for the same night” (Berman). This also proves that when there’s back to back executions scheduled it can stress the correction officers out and they can get nervous and mess up on something. In “With Lethal Injection Drugs Expiring” Berman states, “‘How can you expect them to do something of this magnitude? It’s rough,’ Givens who executed 62 people and now opposes the death penalty, said Friday. ‘I know the effect it can have on you when you participate in execution… It takes a while to really come out of that” (Berman). This proves that when working as a correction officer and you have to execute people it can be very traumatic and hard to get over which causes stress.

Another reason why the death penalty should be repealed is because it is extremely expensive. According to Jones and Eder, California had spent more than $8 billion on capital punishment since it was reinstated in 1928 (Jones and Eder). This proves that the states are spending billions of dollars just to execute people when that money could be going towards something more beneficial. Jones and Eder states, “The cost of housing a death row inmate outpaces the cost of housing a general-population prisoner by $100,000 a year, primarily because death- row inmates are housed alone instead of two-a-cell, and they require a higher level of security” (Jones and Eder). This proves that the cost of housing just one single death row inmate is very expensive. If housing just one is millions of dollars, than imagine how much money it is when housing multiple. In “Costs Test Backing For Death Penalty” Jones and Eder states, “The Alarcon study concluded jury selection alone in capital cases cost more than $200,000 above the amount for life without parole an that the death penalty prosecutors can cost 20 times as much as life-without parole” (Jones and Eder). This shows that capital cases cost a lot of money and is very expensive. It cost way more than it would cost if it was just life without parole.

Another reason why the death penalty should be repealed is because it kills innocent people. In the article “Time to Question Sanity of Death Penalty” Phillip Holloway states, “A study last year found that, at a conservative estimate, ‘more than 4% of inmates sentenced to death in the united states are probably innocent.’ indeed, there have been 330 executions based on DNA alone” (holloway). This quote proves that over 100 people has been put on death that are innocent. According to Holloway there was this man name Henry McCollum, who was in prison for 30 years on death row for the murder of an 11 year old girl which evidence showed that he did not do. This case proves that some death row cases are unfair and they convict innocent people. His whole life is thrown away over something he didn’t do which is unfair. Holloway states, “Some of the inmates appear to suffer from intellectual impairment and outlining qualms about the legal representation the men have had” (Holloway). People who don’t know better are put to death row, and many of them suffers disabilities and intellectual impairment. Why would you want to kill someone who suffer mental illnesses and doesn’t know better?

Even though many people feel that the death penalty should be abolished, there are many people who support it. People who support the death penalty says it saves lives. According to David Muhlhausen, “Professors Hashem Dezhbakhsh, Paul R. Rubin, and Joanna M. Shepherd of Emory University found that each execution, on average, results in fewer murders” (Muhlhausen). This can be proven wrong because according to Kyle Gibson, prison homicides have increased in the past year from 39 to 55, or a 44% increase (Gibson). People who support the death penalty also argue that it brings justice and closure to the victim’s family. In the article “Death Penalty Brings Relief to Victims’ Family” John Futty states, “She felt comforted to know that he will be put to death” (Futty). Even though many think it will bring closure, it can also bring stress and trauma on others such as those involved. Berman stated, “correction officers described a feeling of extra stress and urgency” (Berman).

Simply by repealing and/or making the death penalty illegal would make America way better. It doesn’t help or do anything to resolve the crime rate. The death penalty is senseless and discriminatory. There’s still crimes going on with the death penalty being legal. It brings nothing but stress, debt, and innocent lives lost.

Was this material helpful?

Related essays, about studysaurus, community. knowledge. success..

StudySaurus is run by two uni-students that still get a kick out of learning new things. We hope to share these experiences with you.

Ideas ,  concepts ,  tutorials,   essay papers  – everything we would’ve liked to have known, seen or heard during our high-school & UNI years, we want to bring to YOU.

Privacy & Cookies Policy Terms and Conditions DMCA Request

web analytics

The Death Penalty, a Just Punishment Essay

The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. The book An Eye for an Eye (Nathanson, 2001) articulates the opposition viewpoint. It and like-minded opponents to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death and that the practice is racially biased, overtly costly, and does not achieve the intended outcome. The majority in this country believes it to be neither cruel nor unusual, on the contrary, they think it just and fair.

Originally, the death punishment is aimed to be the revenge for a crime, to protect society by imprisoning the criminal, to deter that person and other potential offenders from the commission of crimes, and to obtain reparations from the offender (Wolfgang, 1998). This type of punishment was intended to be the compensation for a crime, linked with life destruction (a crime, after which life was impossible). This category includes murder, rape (deprivation of honor), and similar actions. Originally, the death punishment should be appointed to any murderer, rapist, and serial gambler (gambling rarely deals without deaths). It is necessary to mention that capital punishment is often regarded as the most powerful crime prevention tool, as the fear of being sentenced to death makes some criminals refuse their ideas and intentions.

As for the necessity of the death penalty, the following fact should be emphasized: the death penalty is the most effective means of crime eradication. The punished criminal does not require to be guarded, fed, observed, etc. No Person – No Trouble. The principles of the criminals should be used against them, consequently, the death penalty is the best way to give humanity to realize the horror of death and the fear of being killed. Despite the fact it is considered a violation of the principal human rights, there is no necessity to regard criminals as humans, while the criminals ignore the rights of their victims. However, the investigation system should be essentially improved in order to avoid mistaken sentencing and the punishment of the innocents.

Sending a murderer away to enjoy three meals a day and a roof over their heads for life simply doesn’t fully address the issue. Death penalty laws have been known to change and probably will again. In addition, people tend to forget the past and parole boards constantly evolve their personnel so there is always a chance, no matter how small, that the murderer will strike again if he is allowed to remain alive. A life sentence imprisonment tends to depreciate with the passage of time as these examples illustrate. In 1962, James Moore raped and strangled 14-year-old Pamela Moss in New York State. Her parents were opposed to the death penalty and asked that he be given life imprisonment without the possibility of parole. Moore has been eligible for parole every two years since 1982 because of a change in sentencing laws. In 1966, Kenneth McDuff was convicted in the fatal shooting of two boys in the face and the brutal rape and strangulation of their 16-year-old female friend. A Texas jury sentenced McDuff to die in the electric chair but in 1972 this was commuted to life in prison after the U.S. Supreme Court ruling. In 1989, he was released only to commit at least six more murders which included a pregnant mother of two. He was finally executed in 1998 (Lowe, 2006).

Although the U.S. court system is at least among the most equitable in the world, no system of justice can expect to provide perfect results 100 percent of the time. Mistakes are inherent within all systems that rely on the human element for proof and for judgment. The justice system correctly demands that a higher standard be imposed for determinations of guilt in death penalty cases. With the extraordinary due process that is applied in all death penalty cases, the risk of making a mistake is minute. Since the reinstatement of the death penalty in 1976, there has been no credible evidence provided that confirms any innocent persons have been executed. The more than 100 ‘innocent’ death row inmates that were ‘exonerated’ are a sham. The actual figure of innocent death row inmates is nearer 40 which should be considered in context with the 7,000-plus death–row inmates added to the roles since 1973. Mistakes within the system, though few and unavoidable, should not serve as justification to eradicate the death penalty. We should never disregard the dangers of permitting murderers to kill again (Stewart, 2006).

The death penalty is the option of last resort for criminals that cannot be rehabilitated. Every murderer executed is one less person that the taxpayers are not feeding and housing. An execution is less costly to taxpayers than the alternative, long imprisonment. “The cost of supporting criminals in maximum security prisons until they die is very high and they feel the innocent taxpayer should not have to foot the bill for the care of depraved criminals who’ve demonstrated that they have no respect for society’s laws or human life” (Olen & Barry, 1996: 273-274). Additionally, a lengthy appeals process is a costly process that ties up the court system. This cost is considered by opponents to be an insignificant argument because the value of human life cannot possibly be broken down into columns on a profit and loss ledger. Department of Justice statistics clearly illustrates that the death penalty contains many constitutional flaws. Between 1973 and 1993, almost half (forty-two percent) of inmates awaiting the death sentence had their sentences commuted or reversed. Capital punishment is “a waste of money and resources in producing what turns out to be counterfeit death sentences in almost one out of every two instances” (McCloskey, 1996: 7).

Opponents of the death penalty defy reasonable logic by arguing that taking a murderer’s life devalues human life, the ‘killing is wrong no matter the circumstances’ argument such as expressed in (Nathanson, 2001 p.7). Evidently, they have never had their car stolen and don’t understand the example or they believe that the murderer’s life is more valuable than the victim’s. Taking away criminals’ freedom is the only way of showing how much this society showing values freedom. Taking away criminals’ life is the only way of showing how much this society values life.

Works Cited

“Furman v. Georgia.” The Supreme Court Collection. (1972). Cornell Law School Legal Information Institute. Web.

Lowe, Wesley. “Capital Punishment vs. Life Without Parole.” ProDeath Penalty. (2006). Web.

Nathanson, Stephen “An Eye for an Eye?” Rowman & Littlefield Publishers, Inc.; 2nd edition (2001).

Olen, Jeffrey & Barry, Vincent. Applying Ethics. Belmont, CA: Wadsworth Publishing Co., (1996).

Prager, Dennis. “Death Penalty Guards What is Valued Most.” Milwaukee Journal Sentinel. (2001).

Stewart, Steven D. “A Message from the Prosecuting Attorney.” The Death Penalty. Clark County, IN: Office of the Clark County Prosecuting Attorney, (2006).

Wolfgang, M.E. “We Do Not Deserve to Kill.” Crime and Delinquency. Vol. 44, (1998), pp. 19-32.

  • Chicago (A-D)
  • Chicago (N-B)

IvyPanda. (2021, November 18). The Death Penalty, a Just Punishment. https://ivypanda.com/essays/the-death-penalty-a-just-punishment/

"The Death Penalty, a Just Punishment." IvyPanda , 18 Nov. 2021, ivypanda.com/essays/the-death-penalty-a-just-punishment/.

IvyPanda . (2021) 'The Death Penalty, a Just Punishment'. 18 November.

IvyPanda . 2021. "The Death Penalty, a Just Punishment." November 18, 2021. https://ivypanda.com/essays/the-death-penalty-a-just-punishment/.

1. IvyPanda . "The Death Penalty, a Just Punishment." November 18, 2021. https://ivypanda.com/essays/the-death-penalty-a-just-punishment/.

Bibliography

IvyPanda . "The Death Penalty, a Just Punishment." November 18, 2021. https://ivypanda.com/essays/the-death-penalty-a-just-punishment/.

  • Strict Liability Case: A Statement of Facts, Arguments
  • Overcrowd Prisons With Non-Violent Offenders
  • Analyzing the Adaptation of the Shakespeare's "Macbeth"
  • The U.S. Federal Parole System
  • Does Parole Work? Effectiveness of Parole
  • Probation and Parole
  • Parole as an Incentive to Control Inmate Behavior
  • Parole system in the United States
  • Oil Crisis of 1973: Article Study
  • Parole as an Essential Correctional Component
  • Capital Punishment: Term Definition
  • Capital Punishment in the UK Should be Reintroduced?
  • Capital Punishment – Moral or Immoral?
  • The Death Penalty in the United States
  • The Death Penalty, a Matter of Morals
  • Entertainment
  • Environment
  • Information Science and Technology
  • Social Issues

Home Essay Samples Social Issues Death Penalty

Examining the Death Penalty: An Argumentative Perspective

Table of contents, death penalty arguments: deterrence and prevention, ethical considerations: the value of human life, implementation complexities: ensuring fairness, conclusion: weighing the arguments.

*minimum deadline

Cite this Essay

To export a reference to this article please select a referencing style below

writer logo

  • Poverty in America
  • Immigration
  • Breastfeeding in Public
  • Hippies Movement

Related Essays

Need writing help?

You can always rely on us no matter what type of paper you need

*No hidden charges

100% Unique Essays

Absolutely Confidential

Money Back Guarantee

By clicking “Send Essay”, you agree to our Terms of service and Privacy statement. We will occasionally send you account related emails

You can also get a UNIQUE essay on this or any other topic

Thank you! We’ll contact you as soon as possible.

  • Study Guides
  • Homework Questions

Death Penalty Argumentative Essay.edited

Persuasive Essay Writing

Persuasive Essay About Death Penalty

Cathy A.

Craft an Effective Argument: Examples of Persuasive Essay About Death Penalty

Published on: Jan 27, 2023

Last updated on: Jan 29, 2024

Persuasive Essay About Death Penalty

People also read

How to Write a Persuasive Essay: A Step-by-Step Guide

Easy and Unique Persuasive Essay Topics with Tips

The Basics of Crafting an Outstanding Persuasive Essay Outline

Ace Your Next Essay With These Persuasive Essay Examples!

Persuasive Essay About Gun Control - Best Examples for Students

Top Examples of Persuasive Essay about Covid-19

Learn How To Write An Impressive Persuasive Essay About Business

Learn How to Craft a Compelling Persuasive Essay About Abortion With Examples!

Make Your Point: Tips and Examples for Writing a Persuasive Essay About Online Education

Learn How To Craft a Powerful Persuasive Essay About Bullying

Craft an Engaging Persuasive Essay About Smoking: Examples & Tips

Learn How to Write a Persuasive Essay About Social Media With Examples

Share this article

No matter what topic we're discussing, there is usually a range of opinions and viewpoints on the issues. 

But when it comes to more serious matters like the death penalty, creating an effective argument can become tricky. 

Although this topic may be difficult to tackle, you can still write an engaging persuasive essay to convey your point.

In this blog post, we'll explore how you can use examples of persuasive essays on death penalty topics.

So put your rhetorical skills to the test, and let’s dive right into sample essays and tips. 

On This Page On This Page -->

What Do We Mean by a Persuasive Essay?

A persuasive essay is a type of writing that attempts to persuade the reader or audience.

This essay usually presents an argument supported by evidence and examples. The main aim is to convince the reader or audience to take action or accept a certain viewpoint. 

Persuasive essays may be written from a neutral or biased perspective and contain personal opinions.

To do this, you must provide clear reasoning and evidence to support your argument. Persuasive essays can take many forms, including speeches, letters, articles, and opinion pieces. 

It is important to consider the audience when writing a persuasive essay. The language used should be tailored to their understanding of the topic. 

Read our comprehensive guide on persuasive essays to know all about crafting excellent essays.

Order Essay

Paper Due? Why Suffer? That's our Job!

Let's move on to some examples so that you can better understand this topic.

Persuasive Essay About Death Penalty Examples

Are you feeling stuck with the task of writing a persuasive essay about the death penalty? 

Looking for some examples to get your ideas flowing? 

You’re in luck — we’ve got just the thing! Take a look at these free downloadable examples.

Example of a Persuasive essay about death penalty

Persuasive essay about death penalty in the Philippines

Short Persuasive essay about death penalty

Persuasive essay about death penalty should be abolished

The death penalty pros and cons essay

Looking for some more examples on persuasive essays? Check out our blog about persuasive essay examples !

Argumentative Essay About Death Penalty Examples 

We have compiled some of the best examples to help you start crafting your essay.

These examples will provide dynamic perspectives and insights from real-world legal cases to personal essays. 

Have a look at them to get inspired!!

Argumentative essay about death penalty in the Philippines

Argumentative essay about death penalty with introduction body conclusion

Argumentative essay about death penalty should be abolished

Argumentative essay about death penalty conclusion

6 Tips To Write an A+ Persuasive Essay

We know it can be daunting to compose a perfect essay that effectively conveys your point of view to your readers. Worry no more. 

Simply follow these 6 tips, and you will be on your way to a perfect persuasive essay.

1. Understand the assignment and audience

 Before you start writing your essay, you must understand what type of essay you are being asked to write. Who your target audience should be?

Make sure you know exactly what you’re arguing for and against, as this will help shape your essay's content.

2. Brainstorm and research

Once you understand the topic better, brainstorm ideas that support your argument.

During this process, be sure to do additional research on any unfamiliar points or topics.

3. Create an outline

After doing your initial research, create an outline for your essay that includes all the main points you want to make. 

This will help keep your thoughts organized and ensure you cover all the necessary points cohesively.

Check out our extensive guide on persuasive essay outlines to master the art of creating essays.

4. Make an argument

Use persuasive language and techniques to construct your essay. Strong evidence, such as facts and statistics, can also help to strengthen your argument.

5. Edit and revise 

Before you submit your essay, take the time to edit and revise it carefully. 

This will ensure that your argument is clear and concise and that there are no grammar or spelling errors.

6. Get feedback

Lastly, consider asking someone else to read over your essay before you submit it.

Feedback from another person can help you see any weaknesses in your argument or areas that need improvement. 

Summing up, 

Writing a persuasive essay about the death penalty doesn’t have to be overwhelming. With these examples and tips, you can be sure to write an essay that will impress your teacher.

Whether it’s an essay about the death penalty or any other controversial topic, you can ace it with these steps! 

Remember, the key is to be creative and organized in your writing!

Don't have time to write your essay? 

Don't stress! Leave it to us! Our persuasive essay writing service is here to help! 

Contact the team of experts at our essay writing service. We can help you write a creative, well-organized, and engaging essay for the reader. 

Our persuasive essay writer will write the best essay for you at affordable rates! Moreover, we provide free revisions and other exclusive perks!

So don't delay! Ask us to write an essay for me today!

Frequently Asked Questions

What is the most persuasive argument for the death penalty.

The most persuasive argument for the death penalty is that it is a deterrent to violent crime. 

The idea is that by punishing criminals, other potential criminals will be less likely to act out of fear of similar punishment.

How do you start a persuasive speech on the death penalty?

When starting a persuasive speech on the death penalty, begin by introducing and defining the topic. Provide an overview of the controversial issue. 

Outline your points and arguments clearly, including evidence to support your position. 

What are good topics for persuasive essays?

Good topics for persuasive essays include 

  • Whether or not the death penalty is a fair punishment for violent crime
  • Whether harsher punishments will reduce crime rates
  • Will capital punishment is worth the costs associated with it
  • How rehabilitation should be taken into consideration when dealing with criminals.

Cathy A. (Marketing, Literature)

For more than five years now, Cathy has been one of our most hardworking authors on the platform. With a Masters degree in mass communication, she knows the ins and outs of professional writing. Clients often leave her glowing reviews for being an amazing writer who takes her work very seriously.

Paper Due? Why Suffer? That’s our Job!

Get Help

Keep reading

Persuasive Essay About Death Penalty

Legal & Policies

  • Privacy Policy
  • Cookies Policy
  • Terms of Use
  • Refunds & Cancellations
  • Our Writers
  • Success Stories
  • Our Guarantees
  • Affiliate Program
  • Referral Program
  • AI Essay Writer

Disclaimer: All client orders are completed by our team of highly qualified human writers. The essays and papers provided by us are not to be used for submission but rather as learning models only.

argumentative essay on the death penalty against it

Home — Essay Samples — Social Issues — Death Penalty — Abolishing the Death Penalty: A Persuasive Call for Justice

test_template

Abolishing The Death Penalty: a Persuasive Call for Justice

  • Categories: Death Penalty Personal Beliefs

About this sample

close

Words: 677 |

Published: Mar 18, 2021

Words: 677 | Page: 1 | 4 min read

Image of Dr. Oliver Johnson

Cite this Essay

Let us write you an essay from scratch

  • 450+ experts on 30 subjects ready to help
  • Custom essay delivered in as few as 3 hours

Get high-quality help

author

Dr. Karlyna PhD

Verified writer

  • Expert in: Social Issues Life

writer

+ 120 experts online

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy . We’ll occasionally send you promo and account related email

No need to pay just yet!

Related Essays

5 pages / 2452 words

2 pages / 760 words

2 pages / 745 words

2 pages / 1011 words

Remember! This is just a sample.

You can get your custom paper by one of our expert writers.

121 writers online

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

Related Essays on Death Penalty

In conclusion, the ethical considerations surrounding the death penalty for murderers are complex and multifaceted. The arguments for deterrence, retribution, and justice are countered by concerns about the risk of wrongful [...]

Capital punishment, also known as the death penalty, is a highly debated and controversial topic. While some argue that it serves as a deterrent for heinous crimes and provides justice for victims and their families, others [...]

The death penalty has been a contentious issue in the United States for decades. Advocates argue that it serves as a deterrent for heinous crimes, while opponents highlight the moral and ethical implications of state-sanctioned [...]

The death of a moth may seem like a trivial event, but Virginia Woolf's essay "The Death of the Moth" suggests otherwise. Through her vivid and poetic language, Woolf portrays the inevitability of death and the fragility of [...]

The dilemma of whether or not the Death Penalty is ethical is major problem facing society today. The death penalty is given to those who commit crimes deemed by society and government as deserving the infliction of death with [...]

The Death Penalty has been a widely controversial topic in America as it is illegal in 27 of the 50 states in America. Only 21 of the 50 states have been a part of this movement including Texas, Alabama, and more. During the [...]

Related Topics

By clicking “Send”, you agree to our Terms of service and Privacy statement . We will occasionally send you account related emails.

Where do you want us to send this sample?

By clicking “Continue”, you agree to our terms of service and privacy policy.

Be careful. This essay is not unique

This essay was donated by a student and is likely to have been used and submitted before

Download this Sample

Free samples may contain mistakes and not unique parts

Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

Please check your inbox.

We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

Get Your Personalized Essay in 3 Hours or Less!

We use cookies to personalyze your web-site experience. By continuing we’ll assume you board with our cookie policy .

  • Instructions Followed To The Letter
  • Deadlines Met At Every Stage
  • Unique And Plagiarism Free

argumentative essay on the death penalty against it

  • Death Penalty Essays

Persuasive Speech against the Death Penalty Essay

Introduction.

What if one of your family members was wrongly convicted for murder? What if you were put on death row because you happened to be the last person seen leaving a crime scene where a bomb blew up and killed people? It is questions like these that raise public concern; people are more apathetic in cases where this form of injustice does not affect them, however, when a case of this nature becomes more personal, people are empathetic. Why should we be so selfish as to see what others suffer? Death penalty should be abolished because it demeans the quality of human life, it costs the country a lot of money, it results to the death of innocents, and because life without parole is a sensible alternative.

Struggling with your HW?

Get your assignments done by real pros. Save your precious time and boost your marks with ease. Just fill in your HW requirements and you can count on us!

  • Customer data protection
  • 100% Plagiarism Free

There is a need to change the laws

There is a need to change the laws about capital punishment; according to Amnesty International, there is no credible evidence that capital punishment deters crime. According to an article titled, “Why the Death Penalty should be abolished” on the International Commission against the Death Penalty (2012), over 140 nations worldwide have abolished capital punishment; the United States remains among a handful that still advocate for death penalty. Some of these countries (China, Iraq and Iran) are notorious for human rights violations (ICDP, 2012).

According to an article titled, “Facts about the Death Penalty” on the Death Penalty Focus’ website (2013), the executions are funded with staggering figures in taxpayer’s money. Research shows that since the reinstatement of the death penalty in 1978, the state of California has spent over $4 Billion on capital punishment. This is far much more than it would have cost the state to give life without parole. The death penalty has led to the death of innocents, this is a violation of human rights and dignity.

The ramification of upholding the death sentence is a raise in taxes due to future cases of crime; this might lead to inflation because of an excess supply of money. Tax payers could save a lot of money if capital punishment was abolished. A life sentence without the option of parole is, therefore, a good punishment alternative because it is more humane to jail than to kill. If I were ever going to be murdered, I would not want the convict to die because of me; if it were my family member who suffered this forbidden fate, I would not want anyone to kill for them. I would not sleep in peace knowing I advocated for the case of murder for murder.

Used our essay samples for inspiration ?

For more help, tap into our pool of professional writers and get expert essay editing services!

People have to change their attitudes about death penalty; change begins with us, the people. If the people champion for an alternative to the death penalty, it will send shockwaves through the law making units of the government. In the future, you, your friends or your family could be wrongly or rightfully convicted and sentenced to death; you can never know what the future has to hold. The uprising against the death penalty is not to protect criminals, but rather, to preserve human dignity, human rights and humanity at large.

I would urge one and all to join me in this human rights cause, to change public attitude towards death penalty, and to champion for an alternative form of punishment that is more humane and just. In the future, it could be you, your friend, you family that is wrongly convicted for murder; how do you choose to remember this day? Will it be the day that you championed for the death penalty, or the day that you voted against it? Make the right choice by moving for the abolishment of the death penalty law.

Death penalty should be abolished because there is no humane way to kill, you cannot reverse it. Abolishing the death penalty will not only put the country at par with others that uphold human rights and dignity, it will save the country a lot of money that could be used to assist the families of murder victims.

  • 5 reasons to abolish the death penalty. (n.d.). Amnesty Australia. Retrieved April 17, 2014, from http://www.amnesty.org.au/adp/comments/29959/
  • Death Penalty : Facts. (2013, May 31). Death Penalty : Facts. Retrieved April 15, 2014, from http://www.deathpenalty.org/section.php?id=13
  • Why the Death Penalty should be abolished. (2014, April 16). International Commission against the Death Penalty RSS. Retrieved April 16, 2014, from http://www.icomdp.org/arguments-against-the-death-penalty/

Related Essays

Find Free Essays

We provide you with original essay samples, perfect formatting and styling

Request must contain at least 2 characters

Popular Topics

Samples by Essay Type

Cite this page

About our services

Type Persuasive

Topic Death Penalty

Level College

This sample is NOT ORIGINAL. Get 100% unique essay written under your req

  • Only $11 per page
  • Free revisions included

Studyfy uses cookies to deliver the best experience possible. Read more.

Studyfy uses secured cookies. Read more.

  • Share full article

Advertisement

Supported by

Did Prosecutors’ Sex Shaming Help Send Brenda Andrew to Death Row?

The Supreme Court will soon decide whether to hear an appeal in her case, which, as one judge put it, “focused from start to finish on Ms. Andrew’s sex life.”

The front of the United States Supreme Court building.

By Adam Liptak

Reporting from Washington

During his closing argument in the 2004 murder trial of Brenda Andrew in Oklahoma, a prosecutor dangled her thong underwear before the jury. She had packed the undergarment for a trip to Mexico a few days after her estranged husband was killed.

The prosecutor, Gayland Gieger, said the item was strong evidence that Ms. Andrew had murdered her husband. “The grieving widow packs this to run off with her boyfriend,” he said, holding her underwear.

“That’s enough,” he said. “Can’t twist the facts, folks. Can’t twist the evidence.”

The spectacle “drew gasps from the crowded courtroom,” a local newspaper reported. The jury convicted Ms. Andrew and condemned her to death. She is the only woman on the state’s death row.

Later this month, the Supreme Court will consider whether to hear Ms. Andrew’s appeal , which said the display of her underwear was a representative part of an unrelenting strategy by prosecutors, as a dissenting judge put it, “of introducing evidence that has no purpose other than to hammer home that Brenda Andrew is a bad wife, a bad mother and a bad woman.”

Nathalie Greenfield, one of Ms. Andrew’s lawyers, said gender stereotypes infected the trial and poisoned the jury.

“Every single day the state was presenting gendered evidence about her appearance, about her clothing, about her sexual practices, about her skills as a mother,” she said. “We’ve got someone who is at risk of execution for not conforming to gender stereotypes.”

A brief supporting Ms. Andrew from a former federal judge and others said the volume of prejudicial evidence portraying her as “a hypersexual seductress” warranted review. “The prosecution introduced reams of inflammatory evidence about Ms. Andrew’s sexuality,” the brief said, including “lurid details of her multiple affairs, her suggestive clothing and lingerie, her cleavage and even a book on how to ‘Drive a Man Wild in Bed.’”

The Supreme Court has overturned a death sentence based on testimony tainted by racial bias, saying that “some toxins can be deadly in small doses.” Ms. Andrew’s case asks whether courts should take a similar approach to evidence grounded in gender stereotypes.

“Gender bias is normalized and tolerated to an extent that racial bias no longer is in the administration of the death penalty,” said Sandra Babcock , a law professor at Cornell who represents Ms. Andrew in a related case . “Women on trial for capital murder have been subjected to similar shaming tactics for hundreds of years.”

In urging the Supreme Court not to hear the case, Andrew v. White , No. 23-6573, prosecutors said almost nothing to justify using evidence about Ms. Andrew’s appearance and sexuality. They argued instead that it was “but a drop in the ocean” in the case against her. State and federal appeals courts have more or less agreed, suggesting that the prosecutors’ presentation was regrettable but that there was ample evidence of Ms. Andrew’s guilt.

The Oklahoma Court of Criminal Appeals, for instance, said in 2007 that it was “struggling to find any relevance” for much of the contested evidence but added that “even so, the introduction of this evidence was harmless.”

The U.S. Court of Appeals for the 10th Circuit said last year that it shared the state court’s “concerns about some of the ‘sexual and sexualizing’ evidence admitted at trial” but that Ms. Andrew could not overcome the high hurdles to challenging a state-court conviction in federal court.

Ms. Andrew’s boyfriend, James Pavatt, admitted to shooting her husband and said he had acted alone. But there was reason to think Ms. Andrew was involved, as part of a plot to obtain the proceeds of a life insurance policy, and the authorities charged both of them with capital murder. Mr. Pavatt was also sentenced to death, and he is scheduled to be executed in July.

In a partial dissent from the state court’s ruling in 2007, Judge Arlene Johnson , the only woman on the court at the time, said she would have let Ms. Andrew’s conviction stand. But, she wrote, “I find it impossible to say with confidence that the death penalty here was not imposed as a consequence of improper evidence and argument” that served “to trivialize the value of her life in the minds of the jurors.”

In dissent last year from the 10th Circuit’s decision, Judge Robert E. Bacharach went further, saying he would have overturned not only her death sentence but also her conviction.

“The state focused from start to finish on Ms. Andrew’s sex life,” Judge Bacharach wrote. “This focus portrayed Ms. Andrew as a scarlet woman, a modern Jezebel, sparking distrust based on her loose morals. The drumbeat on Ms. Andrew’s sex life continued in closing argument, plucking away any realistic chance that the jury would seriously consider her version of events.”

Ms. Babcock said a male defendant would not have been treated as Ms. Andrew had been. “It’s inconceivable that the prosecution would dangle his favorite pair of boxers in front of the jury,” she said, “and argue that they proved his guilt.”

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak

IMAGES

  1. Death Penalty Argumentative Essay

    argumentative essay on the death penalty against it

  2. Death Penalty Persuasive Essay

    argumentative essay on the death penalty against it

  3. Essay Of Death Penalty

    argumentative essay on the death penalty against it

  4. 007 Persuasive Essay About Death Penalty Capital Punishment L ~ Thatsnotus

    argumentative essay on the death penalty against it

  5. Argumentative Against Death Penalty

    argumentative essay on the death penalty against it

  6. Wonderful Death Penalty Essay Against Argumentative ~ Thatsnotus

    argumentative essay on the death penalty against it

VIDEO

  1. Argumentative Essay: Victim Blaming

  2. argumentative speech about death penalty

  3. Video Essay

  4. Death Penalty Around The World

  5. Death Penalty Views: A Warden's Perspective

  6. Prosecutors to seek death penalty against Bryan Kohberger in Idaho murders case

COMMENTS

  1. Essay: Arguments against the Death Penalty

    The second argument against capital punishment is that it is unfair in its administration. Statistics show that the poor and minorities are more likely to receive the death penalty. Once again, this is a separate issue. It can't be disputed sadly, the rich are more likely to get off with a lesser sentence, and this bias is wrong.

  2. Should the Death Penalty Be Abolished?

    In the July Opinion essay "The Death Penalty Can Ensure 'Justice Is Being Done,'" Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:

  3. Top 10 Pro & Con Arguments

    Top 10 Pro & Con Arguments. 1. Legality. The United States is one of 55 countries globally with a legal death penalty, according to Amnesty International. As of Mar. 24, 2021, within the US, 27 states had a legal death penalty (though 3 of those states had a moratorium on the punishment's use).

  4. Death Penalty Argumentative Essay; Topics, Arguments, Outline

    How to Write a Death Penalty Argumentative Essay Body. The body of an essay should clearly outline your different arguments. Defined by paragraphs, always ensure to sub-divide your viewpoints in the following manner: · 1st paragraph- The most crucial reason for objecting death penalty. · 2nd paragraph- Another vital argument against death ...

  5. ≡Essays on Death Penalty: Top 10 Examples by GradesFixer

    Our free essays on Death Penalty can be used as a template for writing your own article. All samples were written by the best students 👩🏿‍🎓👨‍🎓 just for you. ... Against The Death Penalty: a Persuasive Argument for Abolition . 2 pages / 919 words . Capital punishment, or commonly known as the death penalty is used in 53 ...

  6. Arguments for and Against the Death Penalty

    The death penalty is applied unfairly and should not be used. Agree. Disagree. Testimony in Opposition to the Death Penalty: Arbitrariness. Testimony in Favor of the Death Penalty: Arbitrariness. The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information about capital ...

  7. Capital punishment

    Capital punishment - Arguments, Pros/Cons: Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral, utilitarian, and practical. Supporters of the death penalty believe that those who commit murder, because they have taken the life ...

  8. Death Penalty: Arguments For and Against Essay

    Arguments against Death Penalty. The first argument against the lethal sentence is a lack of deterrence among criminals. According to Amnesty International Australia (2019), there is no evidence that the prospect of death prevents potential perpetrators. Furthermore, some authorities state that the lethal sentence does not decline the number of ...

  9. The Death Penalty: Arguments and Alternative Solutions

    A. Human rights. One of the strongest arguments against the death penalty is that it violates the right to life as stated in various international human rights conventions. Critics argue that the death penalty is a form of cruel and inhumane punishment, as it involves intentionally taking a person's life.

  10. Argumentative essay on death penalty

    Argumentative essay on death penalty essay for free ️️799 words sample for your inspiration Download high-quality papers from GradeMiners database. ... Despite the overwhelming evidence that may be rendered against a suspect, it is important to note that this does not necessarily make them guilty. However, the lack of a proper defense ...

  11. 5 Death Penalty Essays Everyone Should Know

    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.

  12. Against The Death Penalty: a Persuasive Argument for Abolition

    Capital punishment, or commonly known as the death penalty is used in 53 countries, or 27% of countries around the world, to punish someone for committing something strictly prohibited whether it is murder, treason, espionage or genocide.

  13. Argumentative essay on The death penalty

    View PDF. Arguments for and Against the Death Penalty ARGUMENT 1 DETERRENCE The death penalty prevents future murders. charity mae dacut. 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 ...

  14. Argumentative Essay on the Death Penalty

    The overall estimated cost of carrying out execution is about 70% more than the cost of a case without the death penalty. A case with Brian Nichols, a man from Fulton County right here in Atlanta Georgia who was found guilty of 4 murders in 2005. The state insisted on Nichols to get the death penalty and it was later revealed that his case ...

  15. Opinion Essay on Death Penalty (Argumentative & Persuasive Papers)

    Argumentative Essay on Against the Death Penalty. ... In the United States, there are thirty-one states in support of the death penalty and remaining nineteen states are against the death penalty law. As the death penalty can be a controversial topic is it important to consider all possible factors. The best approach to the death penalty is the ...

  16. The Death Penalty, a Just Punishment

    The Death Penalty, a Just Punishment Essay. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. The book An Eye for an Eye (Nathanson, 2001) articulates the opposition viewpoint. It and like-minded opponents to capital punishment do not believe that the government should ...

  17. Examining the Death Penalty: An Argumentative Perspective [Free Essay

    The death penalty, a highly controversial topic, has ignited passionate debates across societies worldwide. This short argumentative essay seeks to dissect the key arguments for and against the death penalty, exploring its potential deterrence effect, ethical implications, and the complexities of implementing such a grave punishment.

  18. Argumentative Essay About Death Penalty

    Argumentative Essay: The Death Penalty Case In Texas. According to the DPIC (Death penalty information center), the average amount spent on a single death penalty case in Texas is about 2.3million, which is almost three times the amount spent on an inmate put in the highest maximum security for forty years. For crimes that require or call for ...

  19. Death Penalty Argumentative Essay.edited (docx)

    This argumentative essay, therefore, favors the death penalty, showcasing its significance in upholding justice in. 3 societies and reducing instances of heinous acts of crime done to the vulnerable in societies. Arguments in favor of the Death Penalty Retributive Justice Retributive justice is one of the main arguments favoring the death penalty.

  20. 10+ Top Examples of Persuasive Essay About Death Penalty

    6. Get feedback. Lastly, consider asking someone else to read over your essay before you submit it. Feedback from another person can help you see any weaknesses in your argument or areas that need improvement. Summing up, Writing a persuasive essay about the death penalty doesnâ t have to be overwhelming. With these examples and tips, you can ...

  21. Early Doctrine on Death Penalty

    Amdt8.4.9.2 Early Doctrine on Death Penalty. Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In Trop v. Dulles, the majority refused to consider the death penalty as an index of the constitutional limit on punishment. Whatever the arguments may be against capital ...

  22. Abolishing the Death Penalty: A Persuasive Call for Justice: [Essay

    Many states have abolished the death penalty and have resorted to life sentences, which would be more humanely correct. What other reasons would it take to completely prove with facts that taking someone's life is completely unacceptable, especially by a governing body. There are many examples stated in the reading of why the death penalty has ...

  23. Persuasive Speech against the Death Penalty Essay

    The death penalty has led to the death of innocents, this is a violation of human rights and dignity. The ramification of upholding the death sentence is a raise in taxes due to future cases of crime; this might lead to inflation because of an excess supply of money. Tax payers could save a lot of money if capital punishment was abolished.

  24. Argumentative Essay on Death Penalty

    Currently the United States will only use the death penalty, if one commits first-degree murder. Individuals that believe in the death penalty believe that capital punishment will deter murderers. In this death penalty argumentative essay, I will be arguing that the death penalty does not deter criminals and that the United States should outlaw ...

  25. Did Prosecutors' Sex Shaming Help Send Brenda Andrew to Death Row

    Reporting from Washington. April 1, 2024. During his closing argument in the 2004 murder trial of Brenda Andrew in Oklahoma, a prosecutor dangled her thong underwear before the jury. She had ...