Capital Punishment

Is killing a murderer justice, or retaliation? Capital punishment is a subject that has been under debate for many years. Capital punishment is also known by other names such as the death sentence, execution, and the death penalty, but whatever the name is, the meaning remains the same; a person convicted of a capital crime is sentenced to death by judicial process. Capital punishment is not only known by several names, but also can occur for many different charges, and by several different means. Some argue against the death sentence mainly because they feel it is inhumane, and is revenge rather than justice. Others argue capital punishment is a fair punishment for the deed the individual did, and it can help the victim gain closure. Capital punishment is a controversial issue in our society today with many people arguing against it, while many others fight to support type of punishment.

Capital punishment in the United States has existed for many years, and has varied in number considerably throughout time. Records were kept beginning in 1608, but the concept likely existed thousands of years before this time. The sentence of death was common in the 18th and 19th centuries. In the 20th century, executions were not as constant. Early that century from 1935 to 1936 there was a record-setting 200 deaths. From 1967 to 1977 no executions were carried out at all due to an existing de facto moratorium; this was an official halt to capital punishment in all jurisdictions. While none were carried out around the 1970s, 5 legal killings occurred in 1983, 98 deaths in 1999, and 60 deaths in 2005. Despite only an average number of 98 deaths recorded one particular year, the state of Texas alone that year was responsible for 35 of them! (Schmalleger 407). The total number of deaths from 1976 to 2011 is 1,260. However, not all inmates awaiting execution are put to death; there were 138 exonerations since 1973 (Death Penalty Information Center). States vary greatly in the number of executions they perform, as well as the number of inmates that are on death row. Throughout the time the United States was recording legal executions the statistics varied greatly by year and by location.

In the United States each state has its own laws governing capital punishment. The federal government also has separate policies from the states. Currently, 34 states allow capital punishment as well as the federal government, while 16 states and the District of Columbia do not (Death Penalty Information Center). Most states as well as the federal government use lethal injection. Since 1976, the number of executions by lethal injection was recorded to be 1,086. Very few use other methods. Only 157 deaths were by electrocution. 11 executions were carried out by gas chamber. 3 deaths occurred from both hanging, and firing squads. Some states that have banned the practice still commit executions because their laws do not act retroactively. Inmates on death row here are still being executed as well (Death Penalty Information Center). Each state has its own policies on the death penalty, and while most use lethal injection, many methods can be utilized.

Due to the extreme nature of this punishment, many people are against capital punishment. Death as a punishment for crime can be viewed as cruel and unusual. The United States is one of the only industrialized societies that still utilizes the “barbaric” practice of capital punishment. The death penalty may deny individuals the due process of law. If they are put to death it is irreversible; after death the individual cannot dispute the charges against himself, and any new evidence proving innocence could not free the individual from their very permanent fate. The United States was founded upon equality, and capital punishment is not always equal. Not all capital offenders are put to death. Individuals can not rely on the judicial process to give them the same type of punishment others of equal status received. Those in charge of sentencing can be swayed by factors such as race, gender, education, and wealth (The Case Against the Death Penalty). Statistics show that even though there are fewer white individuals convicted of capital offenses, 56% of executions are of individuals who are white (Death Penalty Information Center). There is not a standard. One of the most important arguments against capital punishment is the fact that sentencing a person to death is showing a complete disregard to human life. It is as if they are saying human life has no value (The Case Against the Death Penalty). Capital punishment does not treat all individuals equal, nor does it suggest that our judicial system values human life.

In addition to the common arguments against capital punishment there is great concern over the particular method that is most commonly used, lethal injection. According to the Deseret News, lethal injection was supposed to be the “humane, enlightened way to execute inmates and avoid the pain and the gruesome spectacle of firing squads, the electric chair and the noose.” This however, may not be true. Lethal injection involves a series of three drugs. First, sodium pentothal works as anesthesia by putting the individual in a sleep state where they are unable to feel pain. Pancuronium bromide paralyzes the individual’s muscles so that they cannot move during the execution. Finally potassium chloride stops the heart, and the individual perishes. There are several ways this method can fail. The anesthetics are supposed to alleviate pain. If the dosage is not correct for the persons height and weight, if the medication is not mixed correctly, or if it is administered at the wrong time interval the person would feel pain. Because of the medication that paralyzes the body the individual would be unable to tell anyone they were suffering. Despite lack of proof that lethal injection could cause pain there have been recorded cases suggesting the possibility. In 2006, an inmate in Florida took an unusually long amount of time to respond to the chemicals, and required a second dose. During the injection the needle went all the way through the vein, placing the medication far too deep. Instead of a painless death, this individual received many painful chemical burns, and the psychological trauma of having experienced a failed execution (Deseret News). Lethal injection, the widest used method of execution, can be controversial and possibly even very painful.

Other methods of execution such as the firing squad, gas chamber, and electric chair can also be agonizing and ineffective. Though the Death Penalty Information Center says only 3 recorded cases of execution by hanging exist in recent years, it has a proven ineffective and unpleasant way to die. Ideally, when a person is hung their neck breaks and a quick and painless death follows. Their damaged spinal cord prevents the individual from experiencing pain. However, in reality hanging often results in slow and excruciating suffocation. This is especially true in people with low body weights because they do not weigh enough to break their neck. This method was used in the past for those suspected of witchcraft and demon worshiping. It seems pre-historic, and it should remain only in the past (The Sunday Times). Even viewing photographs of criminals who have been executed by firing squad can be very gruesome. Stories of houses losing electricity when electric chair executions took place cause eerie chills. There does not appear to be a flawless humane method of putting a person to death.

Despite convincing arguments against using capital punishment a majority of the United States allows this penalty for severe crimes, and there are many supporters. Since 1973, 138 death row prisoners have been exonerated. 130 of these inmates were proven innocent with new evidence (Death Penalty Information Center). This suggests that the long period of time inmates have to wait before being put to death allows adequate time for individuals to build a solid defense case, and for defenders to search for previously undiscovered evidence before inmates are finally executed. Prisons exist primarily to rehabilitate criminals. Those that are unmanageable and commit very severe crimes that will never be released from prison cannot be rehabilitated. They can be a danger to the community and to other inmates and officers as well. Those that earn life sentences and a place on death row are usually violent. With that reasoning, wouldn’t it be the prison’s responsibility to put these inmates to death? Though the death penalty is not a proven system of deterring crime, it is likely that individuals value their own lives, and therefore are likely to try to preserve it by not committing capital offenses (Phil for Humanity). Arguments say capital punishment can be a logical and reasonable punishment, and a possible deterrent to wrong-doing.

The moral aspects of capital punishment provoke conflicting opinions, and those that support this method tend to agree that the practice is morally right. For instance, one might say that if a person commits murder, it would be proper for them to be killed in return. Because this individual committed the murder it is not unusual or unjust to expect the same. It resembles the saying “an eye for an eye.” It seems especially appealing as a punishment option when the criminal committed an offense that left behind a victim. Execution of the offender could bring relief and closure to the victim and their family. It could allow individuals to release the fears that developed from the crime. Some individuals even argue that the death penalty is not harsh enough; victims and their families suffer for long periods of time, and not by any fault of their own. The inmate caused great harm to others, and although he is being put to death it is not the worst that could happen to him; he earned it (The Pros and Cons of Capital Punishment). It may even be the “easy way out.” Capital punishment supporters argue that it is just and moral, and can be very beneficial to the victims, while also protecting others from future attacks.

Capital Punishment is a method that has many conflicting observations and attitudes. The death penalty has been in existence for hundreds, and quite possibly many thousands of years. In the United States individual states have their own guidelines on execution, and can use a variety of approaches. Arguments against capital punishment include the possibly cruel techniques used to carry out the act. Even the method most widely used is questioned, and has possibility of causing unnecessary suffering. The process of execution does not provide individuals their rights as Americans, and it takes away the due process of the law. Arguments supporting capital punishment focus on the benefits others can gain from the criminal’s execution. Future crimes could be prevented. Officers, inmates, and society could be spared additional crime. Families can feel closure. Capital punishment can even be a logical solution to the problem of inmates that cannot be rehabilitated; after all, the purpose of prison is just that- rehabilitation. Capital punishment, the death sentence, or execution; it does not matter what it is called, the concept remains the same and has been around for many years. It has always been a controversial topic, and probably will continue to be as long as there are humans and crime.

Works Cited

B, Phil. “The Pros and Cons of Capital Punishment.” Phil for Humanity. N.p., 2011. Web. 10 Jul

2011. http://www.philforhumanity.com/Capital_Punishment.html.

Bedau, H.A. “The Case Against the Death Penalty.” American Civil Liberties Union. Oxford

University Press, 1997. Web. 10 Jul 2011.

http://www.aclu.org/capital-punishment/case-against-death-penalty.

“Facts About the Death Penalty.” Death Penalty Fact Sheet. Death Penalty Information Center,

2011. Web. 10 Jul 2011. http://www.deathpenaltyinfo.org/documents/FactSheet.pdf.

Sarler, Carol. “Hanging is no Gentle Way to go.” Sunday Times 25 Mar. 2008: n. pag. Web. 10

Jul 2011. http://www.timesonline.co.uk.

Schmalleger, Frank. Criminal Justice Today: An Introductory Text for the 21st Century. 10th ed.

Upper Saddle River, NJ: Prentice Hall, 2009. Print. Pages 407-410.

Word, Ron. “Lethal Injection: Is it Too Painful?” FindArticles.com. The Deseret Times, 30 Sept.

2007. Web. 10 July 2011. http://findarticles.com.


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