Capital Punishment 3 Essay Research Paper There

Capital Punishment 3 Essay, Research Paper

There has been many controversies in the history of the United States, ranging from abortion to gun control, but capital punishment has been one of the most hotly contested issues in recent decades. Capital punishment is the legal infliction of the death penalty on persons convicted of a crime (Cox). It is not intended to inflict any physical pain or any torture; it is only another form of punishment. It is irrevocable because it removes those punished from society permanently, instead of temporarily imprisoning them. The usual alternative to the death penalty is life-long imprisonment.

Throughout history, governments have been extremely inventive in devising ways to execute people. Executions inflicted in the past are now regarded today as ghastly, barbaric, and unthinkable and are forbidden by law almost everywhere. Common historical methods of execution included: stoning, crucifixion, burning, breaking on the wheel, drawing and quartering, peine forte et dure, garroting, beheading or decapitation, shooting and hanging (Kronenwetter 171). These types of punishments today are considered cruel and unusual. In the United States, the death penalty is currently authorized in one of five ways: firing squad, hanging, gas chamber, electrocution, and lethal injection. These methods of execution compared to those of the past are not meant for torture, but meant for punishment for the crime.

For the past decades capital punishment has been one of the most hotly contested political issues in America. This debate is a complicated one. Capital punishment is a legal, practical, philosophical, social, political, and moral question. The notion of deterrence has been at the very center of the practical debate over the question of capital punishment. Most of us assume that we execute murderers primarily because we believe it will discourage others from becoming murderers. Retentionists have long asserted the deterrent power of capital punishment as an obvious fact. The fear of death deters people from committing crimes. Still, abolitionists (people against capital punishment) believe that deterrence is little more than an assumption-and a naive assumption at that.

Abolitionists claim that capital punishment does not deter murderers from killing or killing again. They base most of their argument against deterrence on statistics. States that use it extensively show a higher murder rate than those that have abolished the death penalty. Also, states that have abolished the death penalty and then reinstituted it show no significant change in the murder rate. They say adjacent states with the death penalty and those without show no long term differences in the number of murders that occur in that state. And finally, there has been no record of change in the rate of homicides in a given city or state following a local execution. Any possibly of deterring a would-be murderer from killing has little effect.

Most retentionists (people for capital punishment) argue that none of this statistical evidence proves that capital punishment does not deter potential criminals. There is absolutely no way prove, with any certainty, how many would-be murderers were in fact deterred from killing (Carrington 82). They point out that the murder rate in any given state depends on many things besides whether or not that state has capital punishment. They cite such factors as the proportion of urban residents in the state, the level of economic prosperity, and the social and racial makeup of the population. But a small minority is ready to believe in these statistics and to abandon the deterrence argument. But they defend the death penalty base on other arguments, relying primarily on the need to protect society from killers who are considered high risks for killing again.

Incapacitation is another controversial aspect of the death penalty. Abolitionists say condemning a person to death removes any possibility of rehabilitation. They are confident in the life-sentence presenting the possibility of rehabilitating the convict. But rehabilitation is a myth. The state does not know how rehabilitate people because there are plenty of convict murderers who kill again. The life-sentence is also a myth because overcrowding in the prisons. Early parole has released convicted murderers and they still continue murder. Some escape and murder again, while others have murdered someone in prison. There are countless stories in prisons where a violent inmate kills another for his piece of chicken. Incapacitation is not solely meant as deterrence but is meant to maximize public safety by remove any possibility of a convict murderer to murder again.

The issue of execution of an innocent person is troubling to both abolitionists and retentionists alike. Some people are frightened of this possibility enough to be convinced that capital punishment should be abolished. This is not true at all. The execution of innocent people is very rare because there are many safeguards guaranteeing protection of the rights of those facing the death penalty. There is legal assistance provided and an automatic appeal for persons convicted of capital crimes. Persons under the age of eighteen, pregnant women, new mothers or persons who have become insane can not be sentenced to death. Retentionists argue almost all human activities, ranging trucking to construction,