Human Rights Careers

5 Death Penalty Essays Everyone Should Know

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

“When We Kill”

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

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

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

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

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

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

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

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

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

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

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

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

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

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

By: Paul Brown | From: The Marshall Project 2019

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

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

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About the author, emmaline soken-huberty.

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

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Death Penalty Essay | Essay on Death Penalty for Students and Children in English

February 7, 2024 by Prasanna

Death Penalty Essay:  Death penalties are government-sanctioned practices, in which a person is put to death by the state as a punishment for a particular crime. It is also known as Capital Punishment. It is one of the cruellest types of criminal penalties that are carried out in the form of hanging, electrocution and lethal injections.

The primary aim of the death penalty is to decrease the number of horrendous crimes in the world. The death penalty is a legal punishment ordered by the court against the violation of criminal laws. The methods of death penalty vary from country to country. It gives people an idea as to what the law is capable of doing.

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Long and Short Essays on Death Penalty for Students and Kids in English

We are providing students with essay samples on a long essay of 500 words and a short essay of 150 words on the topic Death Penalty Essay for reference.

Long Essay on Death Penalty 500 Words in English

Long Essay on Death Penalty is usually given to classes 7, 8, 9, and 10.

Capital punishment, death penalty or execution is considered as the infliction of death upon a person by judicial process as a punishment for an offence. Crimes that result in a death penalty are known as capital crimes. Death penalties are enforced on people who have performed profound malpractices and crimes.

In ancient times, the death penalties were more of a torture than that of punishments. The methods were torturous, and it would strain the body of the culprit in such a way that the pain would lead to their death.

Traditional methods of death penalties included devouring by animals like being thrown away to the lions, alligators or death by snake bites. Back-breaking was an ancient method of execution that avoided spilling of blood on the ground. Crucifixion was also a standard method of execution in the past which involved nailing the person to a cross and allowing it to perish.

Suffocating the criminal by carbon monoxide poisoning was also another method of execution. It was performed by burning coal inside a sealed room where the criminal would ultimately choke to death. Modern techniques are much quicker and less painful than the traditional methods of execution. Modern means of death penalties involve electrocution where the criminal is tied to the chair, and a high voltage current is passed through his body which can ultimately kill him. It mainly causes the failure of the heart.

Tranquilization or lethal injection is a method that gives the person a slow but painless death. It takes quite long for the criminal to die. The toxins in the injections act slowly and cause the slow death of the criminal. Hanging the criminal is the most common method of execution in recent times. The criminal is hung till death.

Another form of the death penalty in recent times is the shooting method where the culprit is shot in the head or the chest, which causes immediate death. In the Arabian and the Gulf Countries, the beheading method is used as the death penalty for the criminals. Beheading is decided based on the crime committed. It is a painful method where the head is cut off from the culprit’s body.

The role of public opinion and collective conscience plays a vital role in the imposition of death penalties in many countries. The punishment must befit the crime so that the court reflects the public abhorrence of the crime. The court must consider both the rights of the criminal as well as the rights of the victim and society at large while deciding the mode of execution.

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Many think that the death penalty are violating human rights, but still, it is practised in many countries. It not only prevents future crimes, but it makes a person think twice before committing a deadly crime. Death penalties are a harsh reality showing that the world is filled with culprits and criminal activities. Crimes have risen to such a level that execution is the only way to stop deadly crimes.

Death Penalty Essay

Short Essay on Death Penalty 150 Words in English

Short Essay on Death Penalty is usually given to classes 1, 2, 3, 4, 5, and 6.

In today’s world crimes are being committed daily. The death penalty is the maximum sentence that is used in punishing people who have committed serious crimes, like murder and rape and is a very controversial method of punishment.

Criminals that are convicted of murder or rape have to be executed through the death penalty because they are a danger to society. It is a legal infliction and is used to punish a variety of offences. Traditional methods of death penalty involved torturous deaths of the culprits through methods of boiling to death, burring alive, through garrots and keelhauling.

Modern methods of execution are painless, carried out through hanging, lethal injection or shooting. The criminals are sentenced to death, keeping in mind the rights of the culprit as well as the victim.

The world has become so cruel that the only way to stop brutal crimes is by the death of the criminals.

10 Lines on Death Penalty in English

1. Death penalty stops people from doing illegal things. 2. The death penalty is a government-sanctioned process. 3. Death penalties vary depending on the jurisdiction. 4. It includes severe offences like piracy, aircraft hijacking, drug trafficking, and a crime against humanity. 5. 56 countries retain death penalties, and 106 countries have completely abolished it. 6. 60% of the world’s population live in countries where the death penalty is included like China, India, Pakistan, and Bangladesh. 7. China has the highest executions in the world. 8. The Parliament of India has expanded the scope of death penalties by introducing it in the case of rape of girls below 12 years. 9. In 2018, 23 death penalties were confirmed by the high court. 10. One of the initial executions of independent India was of Nathuram Godse.

FAQ’s on Death Penalty Essay

Question 1.  Does the death penalty prevent crimes?

Answer: It doesn’t entirely prevent crimes, but it reduces it to a certain extent.

Question 2.  Are people, accused of terrorism sentenced to death?

Answer: They are likely to be sentenced to death due to unfair trials, and many are condemned on confession basis extracted through torture.

Question 3.  Is the death penalty better than lifelong imprisonment?

Answer: The decision depends upon the type of crime the culprit has committed; however, any form of execution is inhumane.

Question 4.  What is the most painless method of execution?

Answer: The lethal injection is the slowest and painless method of execution.

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Essays About the Death Penalty: Top 5 Examples and Prompts

The death penalty is a major point of contention all around the world. Read our guide so you can write well-informed essays about the death penalty. 

Out of all the issues at the forefront of public discourse today, few are as hotly debated as the death penalty. As its name suggests, the death penalty involves the execution of a criminal as punishment for their transgressions. The death penalty has always been, and continues to be, an emotionally and politically charged essay topic.

Arguments about the death penalty are more motivated by feelings and emotions; many proponents are people seeking punishment for the killers of their loved ones, while many opponents are mourning the loss of loved ones executed through the death penalty. There may also be a religious aspect to support and oppose the policy. 

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1. The Issues of Death Penalties and Social Justice in The United States (Author Unknown)

2. serving justice with death penalty by rogelio elliott, 3. can you be christian and support the death penalty by matthew schmalz, 4.  death penalty: persuasive essay by jerome glover, 5. the death penalty by kamala harris, top 5 writing prompts on essays about the death penalty, 1. death penalty: do you support or oppose it, 2. how has the death penalty changed throughout history, 3. the status of capital punishment in your country, 4. death penalty and poverty, 5. does the death penalty serve as a deterrent for serious crimes, 6. what are the pros and cons of the death penalty vs. life imprisonment , 7. how is the death penalty different in japan vs. the usa, 8. why do some states use the death penalty and not others, 9. what are the most common punishments selected by prisoners for execution, 10. should the public be allowed to view an execution, 11. discuss the challenges faced by the judicial system in obtaining lethal injection doses, 12. should the death penalty be used for juveniles, 13. does the death penalty have a racial bias to it.

“Executing another person only creates a cycle of vengeance and death where if all of the rationalities and political structures are dropped, the facts presented at the end of the day is that a man is killed because he killed another man, so when does it end? Human life is to be respected and appreciated, not thrown away as if it holds no meaningful value.”

This essay discusses several reasons to oppose the death penalty in the United States. First, the author cites the Constitution and the Bill of Rights, saying that the death penalty is inhumane and deprives people of life. Human life should be respected, and death should not be responded to with another death. In addition, the author cites evidence showing that the death penalty does not deter crime nor gives closure to victims’ families. 

Check out these essays about police brutality .

“Capital punishment follows the constitution and does not break any of the amendments. Specific people deserve to be punished in this way for the crime they commit. It might immoral to people but that is not the point of the death penalty. The death penalty is not “killing for fun”. The death penalty serves justice. When justice is served, it prevents other people from becoming the next serial killer. It’s simple, the death penalty strikes fear.”

Elliott supports the death penalty, writing that it gives criminals what they deserve. After all, those who commit “small” offenses will not be executed anyway. In addition, it reinforces the idea that justice comes to wrongdoers. Finally, he states that the death penalty is constitutional and is supported by many Americans.

“The letter states that this development of Catholic doctrine is consistent with the thought of the two previous popes: St. Pope John Paul II and Benedict XVI. St. John Paul II maintained that capital punishment should be reserved only for “absolute necessity.” Benedict XVI also supported efforts to eliminate the death penalty. Most important, however, is that Pope Francis is emphasizing an ethic of forgiveness. The Pope has argued that social justice applies to all citizens. He also believes that those who harm society should make amends through acts that affirm life, not death.”

Schmalz discusses the Catholic position on the death penalty. Many early Catholic leaders believed that the death penalty was justified; however, Pope Francis writes that “modern methods of imprisonment effectively protect society from criminals,” and executions are unnecessary. Therefore, the Catholic Church today opposes the death penalty and strives to protect life.

“There are many methods of execution, like electrocution, gas chamber, hanging, firing squad and lethal injection. For me, I just watched once on TV, but it’s enough to bring me nightmares. We only live once and we will lose anything we once had without life. Life is precious and can’t just be taken away that easily. In my opinion, I think Canada shouldn’t adopt the death penalty as its most severe form of criminal punishment.”

Glover’s essay acknowledges reasons why people might support the death penalty; however, he believes that these are not enough for him to support it. He believes capital punishment is inhumane and should not be implemented in Canada. It deprives people of a second chance and does not teach wrongdoers much of a lesson. In addition, it is inhumane and deprives people of their right to life. 

“Let’s be clear: as a former prosecutor, I absolutely and strongly believe there should be serious and swift consequences when one person kills another. I am unequivocal in that belief. We can — and we should — always pursue justice in the name of victims and give dignity to the families that grieve. But in our democracy, a death sentence carried out by the government does not constitute justice for those who have been put to death and proven innocent after the fact.”

This short essay was written by the then-presidential candidate and current U.S. Vice President Kamala Harris to explain her campaign’s stance on the death penalty. First, she believes it does not execute justice and is likely to commit injustice by sentencing innocent people to death. In addition, it is said to disproportionally affect nonwhite people. Finally, it is more fiscally responsible for abolishing capital punishment, as it uses funds that could be used for education and healthcare. 

Essays About Death Penalty

This topic always comes first to mind when thinking of what to write. For a strong argumentative essay, consider the death penalty and list its pros and cons. Then, conclude whether or not it would be beneficial to reinstate or keep the policy. There is an abundance of sources you can gather inspiration from, including the essay examples listed above and countless other online sources.

People have been put to death as a punishment since the dawn of recorded history, but as morals and technology have changed, the application of the death penalty has evolved. This essay will explore how the death penalty has been used and carried out throughout history.

This essay will examine both execution methods and when capital punishment is ordered. A few points to explore in this essay include:

  • Thousands of years ago, “an eye for an eye” was the standard. How were executions carried out in ancient history?
  • The religious context of executions during the middle ages is worth exploring. When was someone burned at the stake?
  • The guillotine became a popular method of execution during the renaissance period. How does this method compare to both ancient execution methods and modern methods?
  • The most common execution methods in the modern era include the firing squad, hanging, lethal injections, gas chambers, and electrocution. How do these methods compare to older forms of execution?

Choose a country, preferably your home country, and look into the death penalty status: is it being implemented or not? If you wish, you can also give a brief history of the death penalty in your chosen country and your thoughts. You do not necessarily need to write about your own country; however, picking your homeland may provide better insight. 

Critics of the death penalty argue that it is anti-poor, as a poor person accused of a crime punishable by death lacks the resources to hire a good lawyer to defend them adequately. For your essay, reflect on this issue and write about your thoughts. Is it inhumane for the poor? After all, poor people will not have sufficient resources to hire good lawyers, regardless of the punishment. 

This is one of the biggest debates in the justice system. While the justice system has been set up to punish, it should also deter people from committing crimes. Does the death penalty do an adequate job at deterring crimes? 

This essay should lay out the evidence that shows how the death penalty either does or does not deter crime. A few points to explore in this essay include:

  • Which crimes have the death penalty as the ultimate punishment?
  • How does the murder rate compare to states that do not have the death penalty in states with the death penalty?
  • Are there confounding factors that must be taken into consideration with this comparison? How do they play a role?

Essays about the Death Penalty: What are the pros and cons of the death penalty vs. Life imprisonment? 

This is one of the most straightforward ways to explore the death penalty. If the death penalty is to be removed from criminal cases, it must be replaced with something else. The most logical alternative is life imprisonment. 

There is no “right” answer to this question, but a strong argumentative essay could take one side over another in this death penalty debate. A few points to explore in this essay include:

  • Some people would rather be put to death instead of imprisoned in a cell for life. Should people have the right to decide which punishment they accept?
  • What is the cost of the death penalty versus imprisoning someone for life? Even though it can be expensive to imprison someone for life, remember that most death penalty cases are appealed numerous times before execution.
  • Would the death penalty be more acceptable if specific execution methods were used instead of others?

Few first-world countries still use the death penalty. However, Japan and the United States are two of the biggest users of the death sentence.

This is an interesting compare and contrast essay worth exploring. In addition, this essay can explore the differences in how executions are carried out. Some of the points to explore include:

  • What are the execution methods countries use? The execution method in the United States can vary from state to state, but Japan typically uses hanging. Is this considered a cruel and unusual punishment?
  • In the United States, death row inmates know their execution date. In Japan, they do not. So which is better for the prisoner?
  • How does the public in the United States feel about the death penalty versus public opinion in Japan? Should this influence when, how, and if executions are carried out in the respective countries?

In the United States, justice is typically administered at the state level unless a federal crime has been committed. So why do some states have the death penalty and not others?

This essay will examine which states have the death penalty and make the most use of this form of punishment as part of the legal system. A few points worth exploring in this essay include:

  • When did various states outlaw the death penalty (if they do not use it today)?
  • Which states execute the most prisoners? Some states to mention are Texas and Oklahoma.
  • Do the states that have the death penalty differ in when the death penalty is administered?
  • Is this sentence handed down by the court system or by the juries trying the individual cases in states with the death penalty?

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Numerous states allow prisoners to select how they will be executed. The most common methods include lethal injections, firing squads, electric chairs, gas chambers, and hanging. 

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Some of the points this essay might explore include:

  • When did these different execution methods become options for execution?
  • Which execution methods are the most common in the various states that offer them?
  • Is one method considered more “humane” than others? If so, why?

One of the topics recently discussed is whether the public should be allowed to view an execution.

There are many potential directions to go with this essay, and all of these points are worth exploring. A few topics to explore in this essay include:

  • In the past, executions were carried out in public places. There are a few countries, particularly in the Middle East, where this is still the case. So why were executions carried out in public?
  • In some situations, individuals directly involved in the case, such as the victim’s loved ones, are permitted to view the execution. Does this bring a sense of closure?
  • Should executions be carried out in private? Does this reduce transparency in the justice system?

Lethal injection is one of the most common modes of execution. The goal is to put the person to sleep and remove their pain. Then, a cocktail is used to stop their heart. Unfortunately, many companies have refused to provide states with the drugs needed for a lethal injection. A few points to explore include:

  • Doctors and pharmacists have said it is against the oath they took to “not harm.” Is this true? What impact does this have?
  • If someone is giving the injection without medical training, how does this impact the prisoner?
  • Have states decided to use other more “harmful” modes of execution because they can’t get what they need for the lethal injection?

There are certain crimes, such as murder, where the death penalty is a possible punishment across the country. Even though minors can be tried as adults in some situations, they typically cannot be given the death penalty.

It might be interesting to see what legal experts and victims of juvenile capital crimes say about this important topic. A few points to explore include:

  • How does the brain change and evolve as someone grows?
  • Do juveniles have a higher rate of rehabilitation than adults?
  • Should the wishes of the victim’s family play a role in the final decision?

The justice system, and its unjust impact on minorities , have been a major area of research during the past few decades. It might be worth exploring if the death penalty is disproportionately used in cases involving minorities. 

It might be worth looking at numbers from Amnesty International or the Innocence Project to see what the numbers show. A strong essay might also propose ways to make justice system cases more equitable and fair. A few points worth exploring include:

  • Of the cases where the death penalty has been levied, what percentage of the cases involve a minority perpetrator?
  • Do stays of execution get granted more often in cases involving white people versus minorities?
  • Do white people get handed a sentence of life in prison without parole more often than people of minority descent?

If you’d like to learn more, our writer explains how to write an argumentative essay in this guide.

For help with your essay, check our round-up of best essay writing apps .

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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.

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Arguments for and Against the Death Penalty

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The death penalty deters future murders.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Full text can be found at PBS.org .

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

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

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

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

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

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

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

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

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

Click here for the full text from the ACLU website.

Retribution

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The entire speech by Justice Kogan is available here.

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

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

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

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

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

Full text can be found here.

Arbitrariness & Discrimination

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The entire decision can be found here.

Capital Punishment and the Death Penalty Essay

  • To find inspiration for your paper and overcome writer’s block
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Criminal Law and Procedure

Historical development of criminal law, difference between legal and social parameters in criminal law, elements of a crime.

In most nations, there are two or three sorts of courts that have authority over criminal cases. A single expert judge typically handles petty offenses, but two or more lay justices in England may sit in a Magistrates’ Court. In many nations, more severe cases are heard by panels of two or more judges (Lee, 2022). Such panels are frequently made up of attorneys and lay magistrates, as in Germany, where two laypeople sit alongside one to three jurists. The French cour d’assises comprises three professional judges and nine lay assessors who hear severe criminal cases. Such mixed courts of professionals and ordinary residents convene and make decisions by majority voting, with lawyers and laypeople having one vote.

The United States Constitution permits every defendant in a non-petty matter the right to be prosecuted before a jury; the defendant may forgo this privilege and have the decision decided by a professional court judge. To guarantee the court’s fairness, the defense and prosecution can dismiss or challenge members whom they prove to be prejudiced (Lee, 2022). Furthermore, the defense and, in the United States, the prosecution has the right of vexatious challenge, which allows it to confront several participants without providing a reason.

One of the most primitive texts illustrating European illegitimate law appeared after 1066, when William the Conqueror, Duke of Normandy, conquered England. By the eighteenth century, European law addressed criminal behavior specifically, and the idea of trying lawbreakers in a courtroom context began to transpire (Zalewski, 2019). The English administration recognized a scheme referred to as common law, which is the method through which regulations that regulate a group of people are established and updated. Corporate law relates to public and illegal cases and is grounded on the establishment, adjustment, and expansion of laws by adjudicators as they make permissible judgments. These decisions become standards, prompting the consequences of impending cases.

Misdemeanors, offences, and sedition are the three types of unlawful offenses presented before the courts. Misdemeanors are petty infringements decided by penalties or confiscation of property; some are penalized by less than a year in prison. Offences are meaningfully more heinous felonies with heavier consequences, such as incarceration in a federal or state prison for a year or more. Treason is characterized as anything that breaches the country’s allegiance. Felonious law changes and is often susceptible to modification based on the ethics and standards of the period.

Parameters are values with changing attributes, principles, or dimensions that may be defined and monitored. A parameter is usually picked from a data set because it is critical to understanding the situation. A parameter aids in comprehending a situation, whereas a parameter defines the situation’s bounds (Doorn et al., 2018). The critical concept of the Legal parameter is that behaviors are restricted by unspoken criteria of deviance that are agreeable to both the controlled and those that govern them. Impartiality, fairness, and morality are all ideals conveyed by social justice, and they all have their origins in the overarching concept of law (Doorn et al., 2018). From a social standpoint, it involves various topics such as abortion, cremation, bio-genetics, human decency, racial justice, worker’s rights, economic freedom, and environmental concerns.

All crimes in the United States may be subdivided into distinct aspects under criminal law. These components of an offense must then be established beyond possible suspicion in a court of law to convict the offender (Ormerod & Laird, 2021). Many delinquencies need the manifestation of three crucial rudiments: a criminal act, criminal intent, and the concurrence of the initial two. Depending on the offense, a fourth factor called causality may be present.

First is the criminal act (Actus Reus): actus reus, which translates as “guilty act,” refers to any criminal act of an act that occurs. To be considered an unlawful act, an act must be intentional and controlled by the defendant (Ormerod & Laird, 2021). If an accused act on nature, they may not be held responsible for their conduct. Words can be deemed illegal activities and result in accusations such as perjury, verbal harassment, conspiracy, or incitement. On the contrary, concepts are not considered illegal acts but might add to the second component: intent.

Second is crime intent (Mens Rea): for a felonious offense to be categorized as a misconduct, the culprit’s mental circumstance must be reflected. According to the code of mens rea, a suspect can only be considered remorseful if there is felonious intent (Ormerod & Laird, 2021). Third is concurrence, which refers to the coexistence of intent to commit a crime and illicit behavior. If there is proof that the mens rea preceded or happened simultaneously with the actus reus, the burden of proving it is met. Fourth is causation: this fourth ingredient of an offense is present in most criminal cases, but not all. The link concerning the defendant’s act and the final consequence is called causation. The trial must establish outside a possible suspicion that the perpetrator’s acts triggered the resultant criminality, which is usually detriment or damage.

The risk of executing an innocent man cannot be entirely removed despite precautions and protection to prevent capital punishment. If the death penalty was replaced with a statement of life imprisonment, the money saved as a result of abolishing capital punishment may be spent in community development programs. The harshness of the penalty is not as efficient as the guarantee that the penalty will be given in discouraging crime. In other terms, if the penalty dissuades crime, there is no incentive to prefer the stiffer sentence.

Doorn, N., Gardoni, P., & Murphy, C. (2018). A multidisciplinary definition and evaluation of resilience: The role of social justice in defining resilience . Sustainable and Resilient Infrastructure , 4 (3), pp. 112–123. Web.

Lee, S.-O. (2022). Analysis of the major criminal procedure cases in 2021 . The Korean Association of Criminal Procedure Law , 14 (1), pp. 139–198. Web.

Ormerod, D., & Laird, K. (2021). 2. The elements of a crime: Actus reus . Smith, Hogan, and Ormerod’s Criminal Law , pp 26–87. Web.

Rancourt, M. A., Ouellet, C., & Dufresne, Y. (2020). Is the death penalty debate really dead? contrasting capital punishment support in Canada and the United States . Analyses of Social Issues and Public Policy , 20 (1), 536–562. Web.

Stetler, R. (2020). The history of mitigation in death penalty cases . Social Work, Criminal Justice, and the Death Penalty , pp. 34–45. Web.

Wheeler, C. H. (2018). Rights in conflict: The clash between abolishing the death penalty and delivering justice to the victims . International Criminal Law Review , 18 (2), 354–375. Web.

Zalewski, W. (2019). Double-track system in Polish criminal law. Political and criminal assumptions, history, contemporary references . Acta Poloniae Historica , 118 , pp 39. Web.

  • Death Penalty: Arguments For and Against
  • Restorative Justice and the Death Penalty
  • Constructive, Reckless and Gross Negligence Manslaughter
  • Crimes Against Property, Persons, and Public Order
  • Criminal Law, Immunity and Conviction
  • Capital Punishment Is Morally and Legally Wrong
  • The Significance of Capital Punishment in the UAE
  • “Dead Man Walking” by Sister Helen Prejean
  • The Legality and the Processes of the Death Penalty
  • Criminal Sentencing and the Eighth Amendment
  • Chicago (A-D)
  • Chicago (N-B)

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Bibliography

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Top 10 Pro & Con Arguments

five paragraph essay about death penalty

Life without Parole

Retribution

Victims’ Families

Methods of Execution

Medical Professionals’ Participation

Federal Death Penalty

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).

Proponents of the death penalty being legal argue that such a harsh penalty is needed for criminals who have committed the worst crimes, that the punishment deters crime, and that the US Supreme Court has upheld the death penalty as constitutional.

Opponents of the death penalty being legal argue that the punishment is cruel and unusual, and, thus, unconstitutional, that innocent people are put to death for crimes they did not commit, and that the penalty is disproportionately applied to people of color.

Read More about This Debate:

Should the Death Penalty Be Legal?

ProCon.org, “International Death Penalty Status,” deathpenalty.procon.org, May 19, 2021 ProCon.org, “Should the Death Penalty Be Legal?,” deathpenalty.procon.org, Sep. 20, 2021 ProCon.org, “States with the Death Penalty, Death Penalty Bans, and Death Penalty Moratoriums,” deathpenalty.procon.org, Mar. 24, 2021

2. Life without Parole

Life without Parole (also called LWOP) is suggested by some as an alternative punishment for the death penalty.

Proponents of replacing the death penalty with life without parole argue that imprisoning someone for the duration of their life is more humane than the death penalty, that LWOP is a more fitting penalty that allows the criminal to think about what they’ve done, and that LWOP reduces the chances of executing an innocent person.

Opponents of replacing the death penalty with life without parole argue that LWOP is just an alternate death penalty and parole should always be a consideration even if the prisoner never earns the privilege. While other opponents argue that life without parole is not a harsh enough punishment for murderers and terrorists.

Should Life without Parole Replace the Death Penalty?

ProCon.org, “Should Life without Parole Replace the Death Penalty?,” deathpenalty.procon.org, Sep. 20, 2021

3. Deterrence

One of the main justifications for maintaining a death penalty is that the punishment may prevent people from committing crimes so as to not risk being sentenced to death.

Proponents who argue that the death penalty is a deterrent to capital crimes state that such a harsh penalty is needed to discourage people from murder and terrorism.

Opponents who argue that the death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.

Does the Death Penalty Deter Crime?

ProCon.org, “Does the Death Penalty Deter Crime?,” deathpenalty.procon.org, Sep. 20, 2021

4. Retribution

Retribution in this debate is the idea that the death penalty is needed to bring about justice for the victims, the victims’ families, and/or society at large.

Proponents who argue that the death penalty is needed as retribution argue that “an eye for an eye” is appropriate, that the punishment should match the crime, and that the penalty is needed as a moral balance to the wrong done by the criminal.

Opponents who argue that the death penalty is not needed as retribution argue that reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.”

Should the Death Penalty Be Used for Retribution for Victims and/or Society?

ProCon.org, “Should the Death Penalty Be Used for Retribution for Victims and/or Society?,” deathpenalty.procon.org, Sep. 20, 2021

5. Victims’ Families

Whether the death penalty can bring about some sort of closure or solace to the victims’ families after a horrible, life-changing experience has long been debated and used by both proponents and opponents of the death penalty.

Proponents who argue that the death penalty is needed to bring about closure and solace to victims’ families argue that the finality of the death penalty is needed for families to move on and not live in fear of the criminal getting out of prison.

Opponents who argue that the death penalty is needed to bring about closure and solace to victims’ families argue that retributive “justice” does not bring closure for anyone and that the death penalty can take years of media-friendly appeals to enact.

Does the Death Penalty Offer Closure or Solace to Victims’ Families?

ProCon.org, “Does the Death Penalty Offer Closure or Solace to Victims’ Families?,” deathpenalty.procon.org, Sep. 20, 2021

6. Methods of Execution

Because the drugs used for lethal injection have become difficult to obtain, some states are turning to other methods of execution. For example, South Carolina recently enacted legislation to allow for the firing squad and electric chair if lethal injection is not available at the time of the execution.

Proponents of alternate methods of execution argue that the state and federal government have an obligation to carry out the sentence handed down, and that, given the recent botched lethal injection executions, other methods may be more humane.

Opponents of alternate methods of execution argue that we should not be reverting to less humane methods of execution, and that the drug companies’ objection to use of lethal injection drugs should signal a need to abolish the penalty altogether.

Should States Authorize Other Methods of Execution Such as Hanging or the Firing Squad?

ProCon.org, “Should States Authorize Other Methods of Execution Such as Hanging or the Firing Squad?,” deathpenalty.procon.org, Sep. 20, 2021

7. Innocence

Reports indicate over 150 innocent people have been found not-guilty and exonerated since the death penalty was reinstated in 1973.

Proponents of abolishing the death penalty because innocent people may be executed argue that humans are fallible and the justice system is flawed, putting more Black and brown people on death row than are guilty of capital crimes, and that we cannot risk executing one innocent person just to carry about retributive “justice.”

Opponents of abolishing the death penalty because innocent people may be executed argue that the fact that death row inmates have been exonerated proves that the checks and balances to prevent innocent people from being executed are in place and working well, almost eliminating the chance that an innocent person will be executed.

Should the Death Penalty Be Abolished Because Innocent People May Be Executed?

ProCon.org, “Should the Death Penalty Be Abolished Because Innocent People May Be Executed?,” deathpenalty.procon.org, Sep. 20, 2021

8. Morality

Both religious and secular debates have continued about whether it is moral for humans to kill one another, even in the name of justice, and whether executing people makes for a moral and just government.

Proponents who argue that the death penalty is a moral punishment state that “an eye for an eye” is justified to promote a good and just society than shuns evil.

Opponents who argue that the death penalty is an immoral punishment state that humans should not kill other humans, no matter the reasons, because killing is killing.

Is the Death Penalty Immoral?

ProCon.org, “Is the Death Penalty Immoral?,” deathpenalty.procon.org, Sep. 20, 2021

9. Medical Professionals’ Participation

With the introduction of lethal injection as execution method, states began asking that medical professionals participate in executions to ensure the injections were administered properly and to provide medical care if the execution were botched.

Proponents who argue that medical professionals can participate in executions ethically state that doctors and others ensure that the execution is not “cruel or unusual,” and ensure that the person being executed receives medical care during the execution.

Opponents who argue that medical professionals cannot participate in executions ethically state that doctors and others should keep people alive instead of participate in killing, and that the medicalization of execution leads to a false acceptance of the practice.

Is Participation in Executions Ethical for Medical Professionals?

ProCon.org, “Is Participation in Executions Ethical for Medical Professionals?,” deathpenalty.procon.org, Sep. 20, 2021

10. Federal Death Penalty

The federal death penalty has only been carried out 16 times since its reinstatement after Furman v. Georgia in 1988: twice in 2001, once in 2003, ten times in 2020, and three times in 2021. Several moratoriums have been put in place by presidents in the interims. Under President Joe Biden, the US Justice Department has enacted a moratorium on the death penalty, reversing President Donald Trump’s policy of carrying out federal executions.

Proponents of keeping the federal death penalty argue that justice must be carried out to deter crime and offer closure to families, and that the federal government has an obligation to enact the sentences handed down by the courts.

Proponents of banning the federal death penalty argue that the United States federal government should set an example for the states with a ban, and that only a ban will prevent the next president from executing the prisoners on death row.

Should the US President Reinstate the Federal Death Penalty?

ProCon.org, “Most Recent Executions in Each US State,” deathpenalty.procon.org, Aug. 26, 2021 ProCon.org, “Should the US President Reinstate the Federal Death Penalty?,” deathpenalty.procon.org, Sep. 20, 2021

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Essay: Should The Death Penalty Be Abolished?

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Should The Death Penalty Be Abolished?

History of Death Penalty The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.’s Hittite Code; in the Seventh Century B.C.’s Draconian Code of Athens, which made death the only punishment for all crimes; and in the Fifth Century B.C.’s Roman law of the Twelve Tablets.

Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. In the Tenth Century A.D., hanging became the usual method of execution in Britain. This report will give argument against death penalty while supporting the abolishment movements of death penalty, David (2010)

Should the death penalty be abolished? Death penalty is a severe and irreversible punishment that raises controversy around the world. In order to discuss the valuable existence of the death penalty, it is might make sense to bring two questions must; whether there is strong reason to implement the death penalty; and whether the death penalty is a suitable method to solve the problem. There are many arguments for and against the death penalty, Sanger and Unah (2012).

First and foremost, death sentence does not make sense it is more of barbaric to deal with murder morally nothing make us better when we kill those who kill. It insincere. Also it is an easy way out for the criminals. It would rather have then suffer in jail for the rest of their life without parole. More so, murders do not fear death so this kind of penalty is not a restrictive. In fact it is cheaper to keep an inmate in prison for life without parole than it is to kill. It does not make sense to spend millions of money on a morally questionable act that has shown no signs of determent, Martin and Michael ( 2013 )

Secondly, death penalty should be abolished. Every year, thousands of people are put on death row for a crime they didn’t even commit. There’s no way of knowing if they actually did or not. Is it worth the risk? It can be seen as a cruel and unusual punishment, which goes against one of our amendments in the Constitution. Crime will always be a part of the world and there will be better ways to handle it. In the United States only it is estimated that total prosecution and defense costs to the state and counties equal $9 million per year. (Gross, Samuel, 2006)

Death penalty is a human rights violation. With the death penalty, you are deliberately deciding punishment by death for a criminal. This is the same concept as eye for an eye and tooth for a tooth. It violates human rights by the government forcing the death of a human. Death by capital punishment is not justice meaning not giving them what is rightfully theirs. I fully support imprisonment instead. God says that we shall not decide the length of another human’s life according to the 10 Commandments. In conclusion, the death penalty is killing. (Stephen and Bright, 2010)

Furthermore, it is barbaric, over expensive and innocents often die If you trade an eye for an eye the whole world will be blind – literally, what gives the justice system the right to take the priceless human life? Thousands of people in the world history have been acquitted after death. The death sentence is incredibly expensive and a waste of information on killers and how they operate as well. Advocates of the death sentence seem to tend to appeal to the emotions but at the end of the day this biblical type of revenge that seems so popular is never satisfying, it is just another death among thousands. Poor quality defense leaves many to death sentence, a study at Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal.

Moreover, it is cruel and unusual punishment. We cannot justify killing someone if we are punctuating it by saying killing is wrong. From a young age we teach our children that two wrongs do not make a right, yet the death penalty is trying to do exactly that. Costs are also prohibitive. It costs more to have someone go through the death penalty process than to keep him in jail for the rest of his life. For there is a better way to help the families of murder victims, families of murder victims undergo severe trauma and loss which no one should minimize. However, executions do not help these people heal nor do they end their pain; the extended process prior to executions prolongs the agony of the family. Families of murder victims would benefit far more if the funds now being used for the costly process of executions were diverted to counseling and other assistance. (Baldus, David. 2008)

Mentally ill people are executed, one out of every ten who has been executed in the United States since 1977 is mentally ill, according to Amnesty International and the National Association on Mental Illness. Many mentally ill defendants are unable to participate in their trials in any meaningful way and appear unengaged, cold, and unfeeling before the jury. Some have been forcibly medicated in order to make them competent to be executed. Although the U.S. Supreme Court has decreed that people with ‘mental retardation’ may not be executed, many countries has not yet passed a law banning the execution of the mentally ill.

Suppose death sentence should only really be used for crimes such as 9/11 and people like Bin Laden or the Yorkshire Ripper. But otherwise it should not be brought back and it should be banned in the world for an indefinite time. Police should use guns if needed, if they were dealing with a gun crime. Or in other words, suppose that we should get rid of them altogether. (Martin and Michael, 2009)

Lastly basing with biblical facts, the Bible does not allow people to be killed when we read through the Bible, killing people is a sin. In Old Testament times, it is mentioned that anyone who commits adultery should be stoned to death, as religious societies we disagree with death sentence. We have witnessed so many people have been killed wrongly. The real criminal is not killed though.

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Home / Essay Samples / Social Issues / Death Penalty / The Death Penalty Debate: An Argumentative Analysis

The Death Penalty Debate: An Argumentative Analysis

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  • Topic: Death Penalty , Ethical Dilemma , Moral

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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.

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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! 

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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.

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five paragraph essay about death penalty

The Death Penalty Essay, with Outline

Published by gudwriter on May 24, 2018 May 24, 2018

Ready for a death penalty essay? Take a look at this informational resource featuring an outline, APA style format and a list of references.

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Death Penalty Essay Outline

Introduction.

Thesis: The death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Paragraph 1:  

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it.

  • It lacks the deterrent effect to which its advocates commonly refer.
  • “There is no conclusive evidence of the deterrent value of the death penalty”
  • An increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime.

Paragraph 2:

The penalty is not in order because there is no humane way to kill.

  • In 2006, a lethal injection was used to execute Angel Nieves Diaz.
  • It took a whopping 34 minutes and was administered in two doses.
  • According to doctors’ opinion, it is likely that Diaz underwent a painful death.

Paragraph 3:  

The penalty makes a public spectacle out of the death of an individual.

  • Victims are often executed in a manner that is extremely public.
  • There is no legitimate purpose served by public executions which only increases the punishment’s degrading, inhuman, and cruel nature.
  • Executions “carried out publicly are a gross affront to human dignity which cannot be tolerated.”

Paragraph 4:

The penalty does not apply fairly to all criminals as some people are left sentenced to death due to poor quality defense.

  • Ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases.
  • Whether or not one gets the death sentence largely lies in their ability to afford high quality defense.

Paragraph 5:

The death penalty cannot be taken back once it is executed.

  • People may end up paying for crimes they never committed are a result of absolute judgments.
  • A Texas man was found innocent after being executed.
  • Criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Paragraph 6: 

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework.

  • As per this framework, an action passes the ethical test only if it yields the best consequences for everyone.
  • In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended.
  • From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention.

The Death Penalty Essay Example

The death penalty is one criminal justice area that has attracted a serious debate about whether or not it should be abolished. The penalty enjoys a strong support from the public as people believe that it serves to deter crime as criminals are afraid of dying just like other humans. However, those opposed to it believe that there are enough reasons to warrant its abolishment. For instance, they argue that it does not deter crime as it does not address what motivates people to act criminally. This paper argues that the death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it. This is because it lacks the deterrent effect to which its advocates commonly refer. “As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty”” (International Commission against Death Penalty, 2013). This is why a continuously increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime. It is wrongly assumed that one would not want to commit crime since it would possibly land them into the capital punishment. There is however no evidence to support this assumption. Even if one was to fear dying as is assumed here, they might choose to engage in crime that does not attract the death penalty.

The penalty is also not in order because there is no humane way to kill. In 2006 for instance, a lethal injection that was used to execute Angel Nieves Diaz and was deemed ‘humane’ took a whopping 34 minutes and was administered in two doses (Amnesty International Australia, 2018). According to doctors’ opinion on the case, it is likely that Diaz underwent a painful death and thus the procedure could not have been humane in any way. Other brutal execution methods used across the globe include beheading, shooting, and hanging. The nature of these deaths is such that they only continue to perpetuate the violence cycle. In addition, they add onto the pain the victims’ family would have already suffered upon a member of theirs being taken into custody.

Further, the penalty makes a public spectacle out of the death of an individual. Victims are often executed in a manner that is extremely public, with lethal injections live broadcasts in the United States or public hangings in Iran. UN human rights experts hold that there is no legitimate purpose served by public executions which according them, only increase the punishment’s degrading, inhuman, and cruel nature. According to Hadj Sahraoui, an Amnesty International official , executions “carried out publicly are a gross affront to human dignity which cannot be tolerated” (Amnesty International Australia, 2018). Normally, a human being should be allowed the right to die in a dignified manner and ‘privately’ so they may have peace during the transition. It is a right that not even law should take away.

Contrary to the death penalty proponents’ argument that it applies fairly to all criminals, this is not the case as some people are left sentenced to death due to poor quality defense. As observed by OADP (2018), ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases. “Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal” (OADP, 2018). Thus, it follows that whether or not one gets the death sentence largely lies in their ability to afford high quality defense. This makes this punishment method unfair.

Further, the death penalty cannot be taken back once it is executed. People may end up paying for crimes they never committed are a result of absolute judgments. “Texas man Cameron Todd Willingham was executed in Texas in 2004 for allegedly setting a fire that killed his three daughters” (Amnesty International Australia, 2018). However, it would later be revealed through evidence that he was not the one who set that fire. Mr. Willingham, an innocent citizen, had paid with his life a crime he never knew anything about nor committed. As is clear here, being declared innocent was of no use for him since it could not bring him back to life. As such, criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework. As per this framework, an action passes the ethical test only if it yields the best consequences for everyone (Bonde, et al., 2013). The results of such an action should be such that those involved get the most good out of it. From the onset, it is the intent of any person using this framework to achieve results that would benefit all the people entangled in an ethical dilemma or issue. The framework is advantageous in the sense that it pragmatically focuses on the results of an action before the action is performed. It ensures nobody is treated unfairly in the aftermath of the action. In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended. From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to, and is also unethical. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention. There can never be a humane way to kill and no matter the crime one has committed, they should not be subjected to this painful process of dying. The punishment is also not fair as some people might while others might not afford to hire quality lawyers to defend them. Moreover, it cannot be taken back and this means once persecuted, one can never regain their innocence as well as their life.

Amnesty International Australia. (2018). “Five reasons to abolish the death penalty”. Amnesty International Australia . Retrieved May 20, 2018 from https://www.amnesty.org.au/5-reasons-abolish-death-penalty/#

Bonde, S., et al. (2013). “A framework for making ethical decisions”. Brow University . Retrieved July 3, 2020 from https://www.brown.edu/academics/science-and-technology-studies/framework-making-ethical-decisions .

International Commission against death penalty. (2013). “Why the death penalty should be abolished”. International Commission against Death Penalty . Retrieved May 20, 2018 from http://www.icomdp.org/arguments-against-the-death-penalty/

OADP. (2018). “The facts: 13 reasons to oppose the death penalty”. Oregonians for Alternatives to the Death Penalty . Retrieved May 20, 2018 from https://oadp.org/facts/13-reasons

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Death Penalty Essay

Death Penalty Essay: Argumentative Essay Sample

Can the Death Penalty Be Effective?

Introduction

There are numerous debates about the death penalty, as the opinions on this topic differ in different countries of the world. Most countries have abolished the death penalty, but there are still countries where it is used. The effectiveness of the death penalty can be measured by the rates of crimes that demonstrate that this method of punishment does not reduce the number of criminal acts.

The Goal of the Death Penalty and Its Expected Effects

The main goal of the death penalty is to decrease the numbers of abhorrent crimes in the world. However, the statistics show that it does not have as many positive effects as expected. For instance, among the 25 states of the US with the highest crime rates, the death penalty is legal in 20 of them (Tures). If the death penalty was an effective method for the prevention and decrease of crime, the statistics would demonstrate that states with the death penalty would have lower crime rates. Conversely, the statistics show the opposite result, which means that it does not have high effectiveness. Today, capital punishment most likely has other goals, such as revenge. It violates human rights, which is why a growing number of people are against this type of punishment.

Disadvantages of Death Penalty

There is no evidence that the death penalty is effective for the prevention of criminal acts. However, it is proven that there are numerous disadvantages when it comes to this type of punishment. For instance, there is always a possibility that the person who is punished by death penalty is innocent. The statistics demonstrate that in 2017 there were 137 prison inmates released because of their innocence (Sampathkumar). There is no statistical data about the number of people killed as a result of their criminal acts, but there is the possibility that an innocent person can become the victim of the death penalty. There is information that 4% of people executed by death penalty are innocent, and therefore, it is essential to abolish this type of punishment in all countries of the world in order to prevent the cases of killing innocent people (Goodman). Also, the death penalty is a problem which costs money for the country. For example, the average cost of this case is almost $2.5 million (Goodman). The money spent on the death penalty could have been used for more important goals, such as saving the lives of other people and helping homeless and disabled children. Also, the death penalty has a negative effect on African American culture. For instance, African Americans make up around 13% of the population in the US, but the percentage of death row prisoners who are black is around 50 (Goodman). It demonstrates that there is a higher possibility for a black person to be executed than for a white person. These disadvantages should be the motivation for governments of all countries to make the death penalty illegal.

The death penalty is one of the cruelest types of criminal punishment, which is performed with the help of different methods such as hanging, electrocution, and lethal injections. It would be possible to say that the death penalty is an effective method of prevention of abhorrent crimes if the statistics showed that it decreased the number of criminal acts. However, there is no evidence of the effectiveness of this type of punishment, and yet there are numerous disadvantages to this process.

Works Cited

Goodman, Paul. “The Pros and Cons of the Death Penalty.” Soapboxie , 2018, https://soapboxie.com/government/Death-Penalty-Pros-and-Cons. Sampathkumar, Mythili. “Record Number of Innocent Prison Inmates Released Last Year Over Misconduct by Police, Prosecutors or Government Officials.” The Independent , 2018, https://www.independent.co.uk/news/world/americas/prison-innocent-police-misconduct-prosecutors-inmates-released-exonerations-2017-a8256521.html. Tures, John. “Does the Death Penalty Reduce the Murder Rate?” Huffpost , 2017, https://www.huffingtonpost.com/john-a-tures/does-the-death-penalty-re_b_13362760.html.

Death Penalty Essay Writing Assistance from Pro Writers

As you can see, the author of the argumentative essay about the death penalty above considers capital punishment to be an irrational and useless tool of the justice system. The death penalty doesn’t have any impact on the number of crimes and causes serious legal and moral issues. And what do you think? Leave your thoughts in the comments and express your opinion on this important topic.

This death penalty essay isn’t the only helpful thing that you can find on our blog. We have many writing guides and tips, informative samples from our expert authors, and impressive lists of topics for your essays and research papers. By the way, we recommend you to check the list of death penalty research paper topics and to pick one topic for your own argumentative paper. Or use our college essay title generator to create various topic versions.

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Benefits of the Death Penalty

This essay about the death penalty discusses the arguments made by its proponents, emphasizing its role as a deterrent, a means of providing closure to victims’ families, and a necessary action for ensuring public safety. Advocates argue for the death penalty’s alignment with retributive justice, suggesting that it proportionately addresses severe crimes and offers fiscal benefits by reducing recidivism. However, the text also acknowledges the critical views against it, highlighting the moral and practical concerns raised by opponents, thus illustrating the deep divisions and ethical complexities surrounding capital punishment debates.

How it works

In the intricate tapestry of discourse surrounding the death penalty, proponents wield a diverse arsenal of arguments in defense of its continued existence within the justice system. They fervently advocate for its retention, contending that it serves as a formidable deterrent against the commission of heinous crimes. The looming specter of capital punishment, they argue, acts as a chilling reminder to would-be offenders, dissuading them from crossing the threshold into irreversible acts of violence.

Furthermore, proponents espouse the notion that the death penalty offers a semblance of closure and justice to the victims and their shattered families.

The profound trauma inflicted by acts of violence leaves indelible scars on the fabric of society, tearing at its very seams. In the eyes of proponents, the imposition of the ultimate penalty upon perpetrators represents a form of recompense, a solemn acknowledgement of the irreparable harm inflicted upon innocent lives.

In the realm of public safety, proponents assert that the death penalty serves as a vital safeguard against recidivism, effectively removing irredeemable threats from society’s midst. By permanently incapacitating individuals who have demonstrated an unyielding propensity for violence, proponents argue that society can shield itself from the looming specter of future atrocities.

Moreover, proponents uphold the principle of retributive justice as the moral cornerstone of their advocacy for the death penalty. They contend that the severity of the punishment should be commensurate with the gravity of the crime, ensuring a measure of accountability for those who have callously violated the sanctity of human life. In their eyes, the death penalty stands as a solemn testament to society’s unwavering commitment to justice, a resolute stance against the forces of lawlessness and chaos.

Economically speaking, some proponents argue that the death penalty can yield long-term fiscal benefits, notwithstanding the initial costs associated with capital punishment trials. By expeditiously administering justice in cases of egregious violence, proponents posit that society can alleviate the burden on an overtaxed criminal justice system, reallocating resources to address pressing societal needs.

Yet, amidst the impassioned rhetoric of proponents, dissenting voices persist, casting a shadow of doubt upon the moral and practical underpinnings of the death penalty. Opponents raise compelling concerns regarding the risk of wrongful convictions, the disproportionate impact on marginalized communities, and the moral ambiguity of state-sanctioned killing. These voices serve as a poignant reminder of the complex and multifaceted nature of justice, urging society to tread cautiously in its pursuit of retribution.

In the crucible of debate, the death penalty remains a contentious and divisive issue, eliciting fervent emotions and stirring profound introspection. While proponents champion its virtues as a bulwark against crime, a source of solace for victims, and a safeguard for society, opponents sound a clarion call for compassion, fairness, and the sanctity of human life. As society grapples with the weighty implications of its choices, it must strive to navigate a path that balances the imperatives of justice with the dictates of mercy, forging a future that upholds the dignity and worth of every individual.

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A List Of Original Argumentative Essay Topics On The Death Penalty

Few issues in the United States are more contentious than the use of the death penalty as a punishment for severe crimes. Capital punishment has been recorded almost since the dawn of written history, but in today’s world, many people have come to see it as unnecessary and inhumane. Although some people are opposed to taking the lives of criminals, other people argue that it’s the best way to deal with serious crimes. They feel that these people have committed such terrible atrocities that they can never realistically be rehabilitated and reintroduced into society. The debate has been ongoing for a long time, with both sides expressing strong opinions.

Because the death penalty is so contentious, it’s a great subject for an argumentative essay. This type of essay revolves around the presentation of a particular stance on an issue, which you need to defend with logic, facts, and sound reasoning. You’ll need to do some research to gather relevant facts that support your point of view, then tie them together in a cohesive paper that presents a lucid argument based on the evidence. Because argumentative essays are such a useful tool for developing and evaluating critical thinking skills, you’ll have to write several of them during high school and college.

There are many arguments that you can make for, or against, the death penalty. Here are a few potential topics regarding capital punishment, which you can consider if you’re writing an argumentative essay.

  • The death penalty is a deterrent that prevents potential criminals from committing serious crimes like murder.
  • The death penalty is not effective at preventing crime.
  • Capital punishment is more cost-effective than lifetime incarceration, which requires the State to pay for a person’s food, lodging, healthcare, and other things for the rest of their lives.
  • The death penalty, “a life for a life,” is a just response to murder.
  • The justice system does not have the intrinsic moral right to take a life, even that of a murderer.
  • The death penalty is more humane than lifetime imprisonment.
  • The death penalty is cruel and inhumane.
  • Lethal injection is a painless and humane method of execution.
  • Lethal injection is ethically questionable, can cause pain, and is often administered by people who are not trained medical professionals.
  • People deserving of the death penalty can never be rehabilitated or reintroduced to society.
  • Capital punishment deprives the individual of the chance for redemption and rehabilitation.
  • The death penalty creates the risk of the execution of someone who is actually innocent.
  • The death penalty can be abused or applied unfairly, making it dangerous to allow capital punishment.
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Home — Essay Samples — Social Issues — Capital Punishment — The Death Penalty: Is it Ethical and Effective in Crime Prevention?

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The Death Penalty: is It Ethical and Effective in Crime Prevention?

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Published: Mar 8, 2024

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Utilizing the death penalty raises ethical concerns, on the other hand, proponents argue that the death penalty is a necessary tool in the fight against crime, in conclusion.

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five paragraph essay about death penalty

The Write Practice

25 Persuasive Essay Prompts and Topics

by Sue Weems | 0 comments

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Have you been assigned a persuasive essay and need a topic? We've got you! Take a look at these persuasive essay prompts and get your essay started today!

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Persuasive essays can be challenging for several reasons, but the first problem is choosing the right topic.

You want a topic that is both engaging and controversial enough to elicit a strong response. A topic that's too broad may lead to a lack of focus, while one that's too narrow might not provide enough material to argue convincingly.

So choose a topic and then make sure you take a position that is debatable AND right-sized.

Is my topic debatable?

If I choose the topic violent video games, my first question might be is this debatable?

The truth is that it isn't debatable YET. I have to take a position on it. I have to pick a perspective to argue. So let's look at three position statements:

Violent video games are bad.

Violent video games exist.

Violent video games are controversial.

Out of these three, which one takes a debatable position?

“Violent video games are bad” is the only one that takes a position. The other two statements are facts.

Once you choose your topic, make sure you take a debatable stance on it.

Is my topic the right size?

Now that we know we've chosen a debatable statement, we have to make sure it's not too broad. First, look at the parts of the statement to see how each important word or phrase would be defined.

In our statement “Violent video games are bad,” we need to be more specific to narrow the scope of our paper. This position is too broad (and depending on research, may even be incorrect).

What are we categorizing as violent? Which games? And more importantly, what do we mean by “bad”? And because video games require.a player, who are the players impacted?

Once we do some research about specific types of games for specific player age groups, then we'll have a much better position statement that is right-sized: not too broad and not too narrow,.

So depending on my research, I might make my position more specific and stronger with something like:

Parents need to monitor their children's exposure to violent shooter games to minimize the negative effects of both screen time and violence.

Notice how this statement takes a position: parents need to limit exposure for two reasons: screen time and violence. Is it right-size? The paper will need to show evidence that children's exposure to screens and violence has long term effects, and argue why parents are the ones to address it.

Yes, this is narrow enough to tackle in an essay.

As you consider how to build a strong argument that includes a combination of solid reasoning, credible evidence, and emotional appeal, make sure your position statement on your topic is the right size to persuade your audience.

Need help writing your persuasive essay? Take a look at our guide on How to Write a Persuasive Essay here . 

Persuasive Essay Prompts

I'd like to throw out some topics and then give two or three prompts for each that would be debatable and right-sized for an essay. See which ones resonate with you.

College Education

  • When does the cost of a college education necessary to
  • How can college education be made more affordable, especially for lower income students?

Cell phones

  • How dangerous are cell phones while driving and what can be done to help drivers be more responsible?
  • What is the most positive benefit of cell phone use and how can users make sure the benefit outweighs any risks or harm?
  • How might we reimagine the school day to better meet the needs of students?
  • What one change needs to be made during the elementary school day to reduce bullying incidents?

College athletes

  • Should college athletes be paid? Why or why not?
  • What protections or education should college athletes have to protect their physical, mental, academic, and fiscal wellness?

Wild animals

  • Should people be allowed to own wild animals? Why or why not?
  • When should the government or other organizations be allowed to disrupt a wild animal's habitat?

Health care

  • Is health care a right for all citizens?
  • How could health care be reimagined to more fully embrace prevention and wellness?
  • Should schools ban junk food sales in the cafeteria or campus?
  • Should junk food be taxed at a higher rate to raise money to combat the health issues it can cause?

Standardized testing

  • Should standardized testing be abolished in high schools?
  • How should standardized tests be used to evaluate student and teacher progress?
  • How heavily weighted should standardized test scores be in the college admissions process?

Some other popular persuasive topics

These topics are mainstays of persuasive essays, but they usually require more intensive research. As you read about the topic from a variety of sources, let your research help you choose a perspective or viewpoint.

These are just topics–remember that you will still have to choose a position and make it right-sized based on your research.

  • exotic animals
  • death penalty
  • minimum wage and living wage
  • school uniforms
  • animal testing
  • genetic engineering
  • nuclear power

The Best Persuasive Essay Topics

You can use any one of the above twenty-five topics and write a terrific essay, but the best persuasive essay topic will be one you care deeply about.

Don't overlook the activities, ideas, and issues that are around you every day.

Do you love a specific genre of music? What do people within that community love to argue about? That might be a good persuasive essay topic.

Do you hate the latest updates to your favorite video game? You could write a persuasive essay about the reasons they aren't working and what developers should do instead.

Do you listen to certain podcasts or watch specific tv shows on repeat? What problems, controversies, or disagreements do people discuss about your favorites?

By far, the best persuasive essays I've read are on topics that students are passionate about. When you take the time to develop a topic and position using research and your own interests and passions, the essay will be stronger!

What other persuasive topics do you find most compelling? What tips do you have for choosing a good topic? Share in the comments .

Set the timer for 15 minutes . Choose one of these ideas and write as much of the essay as you can in one sitting. When you're finished, share your start in the Pro Practice Workshop for feedback from the community. And if you share, please be sure to comment on a few stories by other writers.

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five paragraph essay about death penalty

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Death penalty.

Death penalty, commonly known as capital punishment is a process by the law where an individual is killed for an offence punishable by the state through such means. The judicial directive that an individual be given a death penalty leads to an execution in the actual enforcement. Many crime offenders are being executed all over the world by their own states for various offenses. It is such a pity when some people are given this punishment through things that should not be outlawed. Some cases are very controversial in some countries where they can be cases of the person you sleep with while others are given for murder and terror acts. There has been a lot of argument revolving around this matter. In some regions, people under the age of 18 have been executed and other astonishing cases of executing people with mental disabilities. Before the death can be carried out, the accused usually serves some sentence for some years on what is known as a “death row”. They don’t get to know when their time will be over or when they will ever see their loved ones for the last time.

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This type of sentence has been with us for a long time now. However, this has not been without receiving challenges from different sources. The opponents to this judicial decree believe that it is a cruel and degrading matter to be executed in this modern world. With all human rights and freedoms, it is unfortunate that we still have such laws that have populated our courts as enacted by the state. Amnesty adamantly opposes death penalty at all levels. It is unfortunate that the efficacy by amnesty international has not been felt collectively across the globe. Siding with other human rights activists, Amnesty believes that people don’t deserve this kind of execution despite their crime and guilt. In almost all nations of the world, everyone has a right to life and therefore, it is a belief among the opponents that a crime of murder cannot get justice through another murder in the event where a death penalty is given on such grounds.

Death penalty has been opposed over the years and some countries had abolished it by 1977. Such efforts have seen an increase in that number around the world. It seems that the efficacy of the opponents is being felt and a huge progress has been made. Therefore, we all wait in anticipation that this matter will no longer be in our debates anymore once it is fully abolished across the universe.

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Pope Francis Pens Preface to US Death-Row Chaplain’s Book on Death Penalty

In the book’s preface, Pope Francis underlined his strong opposition to capital punishment.

Pope Francis addresses the faithful during second vespers on the feast of Our Lady of the Snows at the Basilica of St. Mary Major on Aug. 5.

Pope Francis commended an American chaplain’s work with death-row inmates as a ministry that reflects the “deepest reality of the Gospel” in a new book preface on the death penalty.

The Pope personally penned the introduction to A Christian on Death Row: My Commitment to Those Condemned by Dale Recinella, a lawyer who has ministered to death-row inmates in Florida as a lay Catholic chaplain for more than 25 years.

Pope Francis calls Recinella’s work as a chaplain on death row a “passionate adherence to the deepest reality of the Gospel of Jesus, which is the mercy of God.”

“Dale Racinella has truly understood and testifies with his life, every time he crosses the threshold of a prison, especially the one he calls ‘the house of death,’ that God’s love is boundless and immeasurable,” Pope Francis wrote in the preface of the book to be published Aug. 27.

“And that even the most heinous of our sins does not mar our identity in God’s eyes: We remain his children, loved by him, cared for by him, and considered precious by him.”

Recinella had been working as a high-powered lawyer in the 1980s when he began reassessing how he had been using his gifts and his skills up to that point, identifying a strong desire to give back. 

Together with his wife, Susan, Recinella got involved in a ministry helping the homeless and AIDS patients, where the organizer of the ministry approached Recinella to see if he’d be willing to go even deeper.

“He asked if I would be willing to come to his prison and start seeing men that were terminal with cancer and AIDS,” Recinella recalled, speaking to CNA in an interview in 2020.

“And what I didn’t have the courage to tell him was I’d never been in a prison; I had financed prisons on Wall Street all over the country, huge prisons, but I’d never been in one and had no desire to go in one.”

Recinella’s family helped to convince him that he should take the plunge in the early 1990s.

“It was Susan and the kids quoting Jesus from the Gospel in Matthew 25 that convinced me that if my faith was really guiding my life, that Jesus had said when we visited the least in prison, we visited him, but when we didn’t, we had refused to visit him. And so I figured I’d give it a shot,” he said.

It would be a couple of years before the idea of death row specifically really crossed Recinella’s mind, when he and his family ended up moving to the small town of Macclenny, Florida, hometown of the state’s death-row prison.

Recinella was shocked at the harsh conditions he encountered when he first set foot in a death-row prison.

“The very first thing that struck me, my first experience was, ‘I can’t believe we’re still doing this in the 20th century,’” he recalled, noting that despite the Florida heat, the inmates were not given air conditioning.

Recinella eventually decided to give up the practice of law so that he could minister to the death-row inmates.

Ministering to condemned criminals has not proven easy. Recinella recalls being assigned to a serial killer who had killed young women of a similar age to Recinella’s daughter.

“I was not ready to handle the spiritual challenges of dealing with the level of human suffering that we’ve experienced in street ministry, AIDS ministry, prison, ministry, and death-row ministry,” he said.

Recinella found the strength to do it through conversations with a trusted priest and through the sacraments, he said.

In addition to spending several days a week visiting inmates himself, he has also trained other people to do prison ministry and has acted as a witness for nearly two dozen executions.

Recinella told EWTN News In Depth in 2021 that among the people he has ministered to when they are dying — whether they are homeless, lawyers, politicians or inmates — everyone has asked for mercy in their dying moments.

“I’ve never had anyone ask me to pray for God to give them justice,” he said. “Everyone, even if they didn’t think they had faith, when they’re facing the end of the tunnel, everyone has asked me to pray with them for God’s mercy.”

Pope Francis revised the Catechism of the Catholic Church in 2018 to state that the death penalty is “inadmissible because it is an attack on the inviolability and dignity of the person” (2267). 

In the preface to Recinella’s book, Pope Francis underlined his strong opposition to capital punishment, saying that “the death penalty is in no way a solution to the violence that can strike innocent people.”

“Capital executions, far from bringing justice, fuel a sense of revenge that becomes a dangerous poison for the body of our civil societies,” the Pope said.

Pope Francis emphasized how he wants the Catholic Church’s 2025 Jubilee Year to be a time for “all believers to collectively call for the abolition of the death penalty.”

The death penalty has been abolished within the European Union and more than 140 countries. 

Iran, Saudi Arabia, Somalia and the United States were the countries with the most confirmed executions in 2023, according to Amnesty International.

“States should focus on allowing prisoners the opportunity to truly change their lives rather than investing money and resources in their execution, as if they were human beings no longer worthy of living and to be disposed of,” Francis wrote.

Pope Francis met Recinella and his wife in a private audience at the Vatican in 2019. The Vatican’s Pontifical Academy for Life bestowed on Recinella its first “Guardian of Life Award” in 2021 in honor of his decades of service and ministry to death-row inmates.

Recinella’s new book will be published by the Vatican Publishing House on Aug. 27. He is also the author of When We Visit Jesus in Prison: A Guide for Catholic Ministry .

CNA staff writer Jonah McKeown contributed to this article.

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