CMNS A2

Posted: March 27th, 2020

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CMNS A2

            The death penalty is a topic that has created huge divisions among different factions.A significant proportion supports this practice while an equal number reject it. Within the United States, approximately thirty-three states still allow the death penalty. The best position on this matter is to allow the death penalty to be legalized in all the countries. Several reasons support the argument that the death penalty should be reinstated in all political jurisdictions. It is imperative to argue that the death penalty is constitutional. Applying capital punishment has the effect of deterring citizens from indulging in serious crimes. The possibility of death hinders the likelihood of a person engaging in criminal behavior, and it establishes capital punishment as a credible deterrent.  

            Capital punishment is an excellent deterrent for recidivism. The concept refers to the rate at which previously convicted people revert to committing crimes after serving their sentences (Bandes 19). If capital punishment were already implemented, such repeat offenders would be executed, and this would discourage most criminals from engaging in illegal activity (Bandes 26). A portion of the proponents may argue that there is insufficient proof that using deterrence will work in lowering crime rates. Part of this reluctance originates from the lengthy nature of a death penalty sentence. Some prisoners take several years before the government executes them. The quality of the process has the effect of watering down the impact of deterrence since punishments meted swiftly are more effective. Even though the death penalty has successfully been used to deter criminal activity, the efficacy levels would rise if the legal process were hastened, rather than having prisoners wait in death row for an extended amount of time.

            Another reason for supporting the death penalty is that it is an excellent source of delivering retribution. Accordingly, capital punishment ensures that the society has a moral balance by restoring justice. Capital punishment allows the perpetrator to pay the cost corresponding to the damage done to the victim (Dow and Dow 56). When an individual perpetrates a crime, it interferes with the natural order of society. Significant crimes can kill people, disrupt peace, and interfere with civil liberties (Hatch and Walsh 83). Extending the death penalty as the ultimate establishment creates a sense of order to society, and satisfactorily punishes the perpetrator for their illegal behavior.

Retribution also ensures that the afflicted family members receive justice for their relatives and friends. Some people may perceive this as revenge. However, this reprisal is not driven by hatred; instead, the desire for justice as well as the spirit of lex talionis inspires it. The death penalty restores balance after criminals perpetrate certain crimes. On the other hand, society perceives capital punishment as an inhuman and unethical practice (Sigler 20). Opponents of the death penalty argue that the practice violates the right of every man to enjoy life to its fullest. Every human being has an equal opportunity to live, and therefore, the legislature should not formulate any law should that can interfere with such a right.

Despite the ethical concerns that encompass the death penalty, using it as a retributive measure in deterring crime has its proponents. Firstly, the execution of criminals reduces the level of recidivism due to the fear that human beings possess regarding death. Secondly, the death penalty acts as a restorative mechanism by establishing moral balance, especially in respect to the imbalances created by the implications of crime in society. Lastly, the death penalty is a utilitarian concept that advocates for the delivery of justice for the majority since crimes tend to cause pain and harm among innocent people and their respective families.

Works Cited

Bandes, Susan A. “What Executioners Can – and Cannot – Teach Us About the Death Penalty.” Criminal Justice Ethics, vol.35, no. 3, 2016, pp. 183-200.

Dow, David R., and Mark Dow. Machinery of Death: The Reality of America’s Death Penalty Regime. Routledge, 2014.

Hatch, Virginia Leigh, and Anthony Walsh. Capital Punishment: Theory and Practice of the Ultimate Penalty. Oxford University Press, 2016.

Sigler, Mary. “Principle and Pragmatism in the Death Penalty Debate.” Criminal Justice Ethics, vol. 37, no. 1, 2018, pp. 72-86.