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Capi tal pun ishment has been heavi ly debated in the media in recent mon ths.

Ass ess the arguments for and against the death penal ty wi th reference to o ne

country.

The debate over capital punishment is an emotive and often controversial area. In the

United States this debate has been ongoing throughout the country’s history and is

particularly prominent during elections and when there is a controversial criminal case.

In the past year there have been a number of highly controversial decisions that

resulted in the execution of prisoners. These cases reignited public debate over whether

capital punishment is acceptable in 21st century America. In order to evaluate the

relative merits of the opposing viewpoints it is necessary to identify the arguments put

forward by both sides. This essay will examine the arguments for and against the death

penalty and attempt to evaluate their strengths.

One key argument of opponents of capital punishment is that it appears to achieve very

little. It is argued that the death penalty ensures that there is no chance of reformation

and that it reinforces the acceptability of violence as a legitimate expression of society’s

will. This message, it is argued, leads to a more violent society where rules are enforced

through physical violence. Those in favour of capital punishment counter that the death

penalty deters criminals from committing murder and other serious crimes – that fear of

being executed will lead criminals to reconsider their actions. However, there is strong

statistical evidence that shows that serious criminal offences are more likely in states

that allow the death penalty. Furthermore, murder rates are higher in the United States

than in other developed nations that do not have the death penalty.

Capital punishment cannot be reversed, if a mistake has been made. This means that

innocent people can be executed. Supporters of capital punishment have argued that

such mistakes, whilst regrettable, are rare and that the American justice system allows

for numerous appeals and retrials. However, there are hundreds of recorded cases

where prisoners awaiting execution have been found innocent at the last moment and it

is likely that this indicates that there are many more cases where such evidence is not

found in time to save the wrongly accused person. In addition, campaigners against

capital punishment point to the fact that the appeals system is overwhelmed and that

many prisoners have difficulty in finding legal representation.

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The debate over capital punishment is often controversial because it is, in part, a debate

about morality. Opponents feel that violence is never a justifiable response and that the

state should not be able to kill citizens. Supporters, however, argue that some crimes

are so horrific that execution is the only reasonable response. It is argued that the

victims of crime and their families can receive satisfaction or peace through the

execution of the criminal responsible for their loss. Smith (2001) correctly states that this

is simply a call for revenge rather than justice and argues that in a civilised society the

correct response to murder should never be more murder.

There is no evidence to show that the use of capital punishment in the U.S. helps to

reduce incidents of serious crime. Conversely, murder rates are higher in America than

in other developed nations. It has been shown that mistakes are often made and that

innocent men and women sometimes lose their lives. The main argument of supporters

of capital punishment is, essentially, a call for violent revenge. It does not seem likely

that most Americans would want to identify themselves as a society that promotes

vengeance as a core value and, perhaps, if this argument can be conveyed more

clearly, then more voters will turn against the use of the death penalty.