The Death Penalty Should Be Legal

According to a recent poll made by Pew Research Center and CBS News, approximately 56% of Americans support the death penalty. Bruce Fein, an author and constitutional law expert, is one of the many constitutional law experts in favor of capital punishment. In his article “The Death Penalty Should Not Be Abolished,” Fein states: “The death penalty is an awesome punishment. It should be applied sparingly to the most egregious and shocking crimes committed by the most unrepentant and callous offenders." The main essence of Fein’s argument embodies ideals that strongly advocate the death penalty. He blatantly suggests that the death penalty should only be used towards offenders who have committed the most inhumane crimes, however, regardless of what the crime is, I believe capital punishment is just as morally heinous as the crime committed itself.

Elliot Spitzer states, “Our criminal justice system is fallible. We know it, even though we don 't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” Although the Death Penalty is meant to kill the ones that have murdered, many innocent people have been executed due to the ignorance of facts during trial. Since this has come to me and my partner’s attention, we are resolved that The United States should change its penal code to abolish the death penalty. The Death Penalty is execution following someone’s conviction of murder or any other serious crime. Abolish is to end the observance or effect of. The Penal Code is a set of criminal laws of a particular country, society, etc. Our courts are not steady, which is why we need to abolish the death penalty.

Opponents of the death penalty believe capital punishment is unnecessary and inappropriate in our modern

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 – which took

The United States should make the death penalty illegal because, the death penalty models the behavior it seeks to prevent, it does not deter crime, and the death penalty costs more than life in prison. With these reasons, it is justifiable that the death penalty should no longer be legal in any state of the U.S. No person should have to make everyone else suffer; there needs to be a stop to this manner of justice. Bringing the death penalty to an end would offer a sense of closure to the many people who are involved including the families who have suffered along the

The use of the death penalty has brought peace of mind to our citizens. Though through the mid nineteen sixties until the early nineteen eighties only about six death penalties actually took effect. When the number of executions dropped, the murder rate rose from 5.6 per 100,000 people to 10.2 which is almost double the murder rate. A society cannot live in fear but needs to live in reassurance and protection. As of nineteen ninety-nine, the murder rate dropped dramatically to 5.7 because the execution rate increased to 47 executions. Pearce, Matt. "Counterpoint: Defending The Death Penalty." Points Of View: Death Penalty (2014): 6. Points of View Reference Center. Web. 23 Sept. 2014. This demonstrates the deterrent effect capital punishment has on society. The result is deterrence shows if one kills then one will be punished for their actions and crime.

Then two decades later, in 1993, the capital punishment statutes had been reinstated and performing executions, once again striking the thing criminals fear most, death (Tucker). During the 1990s as more states began to reinstate capital punishment statutes, murder rates began to plummet. They went from 9.6 people per 100,000 in 1993 dropping to 7.7 in 1996 and as low as 6.4 in 1999, which was the lowest rate since 1966. In other words, as the author observed during his study of the forty year period, homicide rates have risen when the rate of execution went down and as the execution rates had risen, the rate of homicides had decreased (Tucker). Not only does the death penalty engender an aversion amongst criminals and people who are considering performing heinous actions, it additionally promotes a positive influence towards themselves and others around. The mandate of capital punishment establishes the attitude of abhorrence toward criminals, and causes people to think about what they are doing because of the possible consequences. With people believing that living the criminal life is not the best of decisions, they are deterred away from making the decision of performing the crime (Caldwell 598).

It is irrational to think that the death penalty – a remote threat at best – will avert murders committed in drug turf wars or by street-level dealers” (Bedau). This shows that the death penalty is not stopping murders from occurring. The introduction to the death penalty conducted a survey were top criminologists stated that the death penalty does not deter homicide rates (Introduction). “For 2009, the average Murder Rate of Death Penalty States was 4.9 [Murder rates by the 100,000], while the average Murder Rate of States without the Death Penalty was 2.8” (Introduction).

Those that are for the death penalty claim that it will serve as a deterrent and is the only way for retribution against murderers. Both issues are highly debatable and have even been a subject of criticism. Punishment as a deterrence has been used for ages. This concept does work, however it should not be applied to all criminals, in my opinion. Some pro capital punishment individuals claim that it is an efficient deterrence against criminals. In an article “Death penalty is a deterrence”, the authors claim that by practicing the death penalty, violent crimes will decrease.”violent crime has declined eleven percent, with murder showing the largest decline at even more than twenty two percent. We believe that this has occurred in part because of the strong signal that the death penalty sent to violent criminals and murders.” These statistics taken from this article may be inaccurate and should be closely examined.

The death penalty today is a hot button question that many experts cannot agree on. The topic deals with justice, logistics, and human morality which leads to either a person remaining alive or losing their life. It is not an easy choice to make because the death penalty has so much to do with human desires for justice as it does the justice system carrying out just punishments for crimes committed. In almost all of human history, capital punishment has been a punishment that was used to punish individuals who broke laws the society upheld. The United States of America is no different as it still continues to use the death penalty as a punishment in many states across the nation. The United States has contemplated the legality of the death penalty, with multiple court decisions dictating if and what is legal, as discussed in the video produced by CNN (http://www.cnn.com/videos/crime/2014/05/06/orig-jag-death-penalty.cnn/video/playlists/death-penalty/).

Should the death penalty be illegal in the United States? Should the death penalty have ever been used at all? Most people would say that the death penalty should not be illegal, while I think it should be illegal and should have been illegal. There are many reasons why the death penalty should be illegal, but what is the death penalty?

A study conducted by the Journal of Quantitative Criminology reveals that for every execution performed, fifteen murders take its place (Durlauf, et al). The study compiled execution statistics and murder rates across states in order to determine the efficacy of deterrence. Granted, executions do not directly lead to murders, but the data exposes the fact that the death penalty has not been successful in preventing them. In fact crime rates increase in states that resume the practice of the death penalty. For example, Florida had a twenty-eight percent increase in murder rates after executing a prisoner in 1979 for the first time after fifteen years (“White

The deterrence theory suggests that a rational person will avoid criminal behavior if the severity of the punishment outweighs the benefits of the crime; therefore or perhaps, as a result, most criminals would think twice before committing a crime if their own lives were at risk. However, studies of this effect have failed to produce enough evidence to support capital punishment as being more effective than the threat of long prison sentences. This theory also does not account for mental illness or the fact of that some capital crimes are committed in such an emotional state that the perpetrator did not think about the possible

“Murder is wrong” (“Capital Punishment”). We’ve been taught this indisputable truth since childhood. The death penalty is defined as one human taking the life of another. Coincidentally, that is a classification of murder. There are as many as thirty-six states with the death penalty, and it’s essential that they change it. The United States needs the death penalty abolished because it is filled with flaws, cruel and immoral, and is an ineffective means of deterrent for crime.

The test for deterrence is not whether executions produce lower murder rates, but that executions produce fewer murders than if the death penalty did not exist. For example, the fact that the state of Delaware executes more people per capita (1/87,500) than any other state and has a murder rate 16 times lower than Washington, D.C. (5/100,000 vs 78.5/100,000) is not proof, per se, that the death penalty deters murder in Delaware or that the lack of the death penalty escalates murders and violent crime in Washington, D.C., which has the highest violent crime and murder rates in the U.S. Be careful how you explain and understand deterrence.