Omar Bennett
The death penalty, also known as capital punishment, is a highly contested issue that has been the subject of much debate and legal scrutiny. While some argue that it serves as a necessary deterrent and provides retribution, others view it as a cruel and unusual punishment that violates the Eighth Amendment of the Constitution. The Supreme Court has played a pivotal role in shaping the legality of the death penalty, with landmark cases such as Furman v. Georgia, Roper v. Simmons, and Glossip v. Gross influencing its application and public perception. This essay will explore the constitutionality of the death penalty, examining the key arguments, legal precedents, and societal shifts that have impacted its standing in the United States.
| Characteristics | Values |
|---|---|
| Public opinion | Public opinion holds significant importance in the United States as legislators rely on it to shape legislation. A majority of Americans support the death penalty, and have since polling began in 1938. |
| Religion | Religion plays a significant role in shaping individuals' perspectives on the death penalty. Religious individuals tend to have more conservative views on the death penalty compared to those who do not follow a religious faith. |
| Race | Race influences support for capital punishment, as white individuals are more inclined to endorse the death penalty compared to black individuals. |
| Education | Lower education levels are linked to increased insecurity about neighborhoods, whereas higher education levels tend to decrease feelings of insecurity. |
| Deterrence | Capital punishment has proven effective in reducing crime rates and influencing the mindset of potential offenders, discouraging them from committing acts such as terrorism, treason, murder, aggravated kidnapping, and espionage. However, some studies have found that deterrence is inconclusive. |
| Retribution | The death penalty serves as retribution for those who have committed heinous crimes. |
| Cruel and unusual punishment | The death penalty is the ultimate cruel, inhuman and degrading punishment. |
| Discrimination | The death penalty is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities. |
| Flawed justice systems | In flawed justice systems, there is a risk of executing an innocent person. |
| Cost | The death penalty is more expensive than life without parole. |
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What You'll Learn
Public opinion and the death penalty
Public opinion polls play a crucial role in gauging support for the death penalty, with results influencing policy decisions and reflecting philosophical or moral stances. Over the years, public support for the death penalty has fluctuated, with a notable decline in recent times.
In 1974, a survey of 500 adults in the San Francisco Bay area found that 58.8% favoured capital punishment, 30.8% opposed it, and 10.4% were undecided. This aligned with the results from the 1973 nationwide Harris poll. However, public opinion has evolved since then, with support for the death penalty currently near historic lows.
According to a 2021 Pew Research Center survey, 60% of Americans favoured the death penalty for convicted murderers, while 39% opposed it. Interestingly, there was a partisan divide, with 77% of Republicans and Republican-leaning independents favouring the death penalty compared to 46% of Democrats and Democratic leaners. This divide extended to the moral justification of the death penalty, its effectiveness as a deterrent, and the existence of adequate safeguards to protect innocent people, with Republicans holding more favourable views across these dimensions.
The generational gap in support for the death penalty is also noteworthy. While older generations tend to favour capital punishment, younger Americans are increasingly opposed to it. In 2024, more than half of young adults aged 18 to 43, including millennials and Generation Z, opposed the death penalty. This trend has been widening over the past two decades.
Support for the death penalty among Democrats has also shown a notable decline, especially among younger members of the party. Since 2016, support among younger Democrats has dropped by 18%, while it decreased by 10% among younger Independents. In contrast, support among older Republicans has remained relatively stable, with a slight increase of 2%.
While public opinion polls provide valuable insights into societal views on the death penalty, they do not capture the complexities of the issue. Factors such as the availability of alternative sentences, the risks of mistake and bias, and the costs associated with the practice also come into play when considering the practical application of capital punishment.
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The death penalty as a deterrent
The death penalty, also known as capital punishment, has been a topic of ongoing discussion for a long time. It has been used for an extensive period because of concerns about its psychological impact on individuals who are aware of it.
Capital punishment has proven effective in reducing crime rates and influencing the mindset of potential offenders, discouraging them from committing acts such as terrorism, treason, murder, aggravated kidnapping, and espionage. The death penalty serves three legitimate penological objectives: general deterrence, specific deterrence, and retribution. The first, general deterrence, is the message that gets sent to people who are thinking about committing heinous crimes that they shouldn’t do it or else they might end up being sentenced to death. The American people, through their elected representatives, have repeatedly reaffirmed the effectiveness of capital punishment in deterring crime, achieving justice for victims, and closure for their loved ones.
Opponents of the death penalty argue that many Americans who support it do so without full information and solely out of a desire for retribution, rather than considering it as a better alternative to life imprisonment. Religion plays a significant role in shaping individuals' perspectives on various issues by offering guidance based on religious teachings. Often, religion opposes capital punishment because it views life as sacred and believes only God has the authority to take it away. Additionally, cultural beliefs play a significant role in shaping people's perspectives on the death penalty across different societies. Lower education levels are linked to increased insecurity about neighborhoods, whereas higher education levels tend to decrease feelings of insecurity. Moreover, race influences support for capital punishment, as white individuals are more inclined to endorse the death penalty compared to black individuals.
A 2024 Death Penalty Project analysis of mass shootings concluded that the notion that the death penalty is a deterrent to mass shootings is a false and dangerous fantasy. People commit murders largely in the heat of passion, under the influence of alcohol or drugs, or because they are mentally ill, giving little or no thought to the possible consequences of their acts. However, considering recidivism rates, how many more murders and associated crimes could have been deterred had the death penalty been imposed on any number of murderers? The death penalty, despite its imperfections, is considered constitutional by a majority of Americans and the Supreme Court.
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The death penalty and human rights
The death penalty, also known as capital punishment, has been a topic of ongoing discussion for a long time. It has been used for an extensive period because of concerns about its psychological impact on individuals who are aware of it. Capital punishment has been proven effective in reducing crime rates and influencing the mindset of potential offenders, discouraging them from committing heinous crimes. However, it is also viewed as a violation of human rights.
The death penalty and its application are topics of significant concern among international human rights organizations and are the subject of numerous international treaties and agreements. The United Nations (UN) regularly publishes reports on the use of capital punishment worldwide, highlighting how the administration of the death penalty violates fundamental human rights, including the denial of due process, racial discrimination, secrecy, and inhumane conditions of confinement and methods of execution.
The UN General Assembly passed a resolution in 2007, calling for a moratorium on the death penalty. This resolution was re-adopted in 2014, with 117 countries voting in favor. Despite this, the death penalty remains in use in several countries, including the United States, which has been criticized for its failure to comply with international human rights norms. The American Civil Liberties Union (ACLU) asserts that the U.S. death penalty system flagrantly violates human rights law, often applied in an arbitrary and discriminatory manner without affording vital due process rights.
The Death Penalty as a Deterrent
Supporters of the death penalty argue that it acts as a deterrent against crime and serves legitimate penological objectives, such as general and specific deterrence, and retribution. They believe that the threat of capital punishment sends a strong message to potential offenders, discouraging them from committing serious crimes. However, opponents argue that capital punishment is unconstitutional and that many Americans who support it do so without full information, solely out of a desire for retribution.
Impact on Individuals
The death penalty has been known to have a significant psychological impact on individuals, especially those facing death row. People can spend years on death row, not knowing when they will die or if they will see their families one last time. This uncertainty and the constant threat of death can cause severe mental anguish. Additionally, methods of execution have been condemned as cruel, inhumane, and degrading treatment, amounting to torture.
The death penalty is a highly controversial issue that sparks debate around human rights, crime deterrence, and ethical considerations. While some argue that it is an effective tool for reducing crime and providing retribution, others emphasize its violation of fundamental human rights and the psychological impact it has on individuals. The international community is moving towards the abolition of capital punishment, with a majority of countries having abolished or introduced a moratorium on the death penalty.
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The death penalty as revenge
The death penalty, or capital punishment, has been a topic of ongoing discussion for a long time, with many people supporting it as a legitimate form of retribution or revenge. However, the question of whether it is constitutional, ethical, and effective is highly contested.
One of the main arguments in favour of the death penalty is that it serves as a form of retribution or revenge. Supporters argue that certain heinous crimes, such as the brutal murder of four-year-old Genny Rojas by her aunt and uncle, deserve the "ultimate punishment". The death penalty is seen as a way to satisfy the public's desire for justice and to ensure that offenders get what they deserve.
However, opponents argue that revenge is not the answer and that executing someone in response to a murder simply extends the cycle of violence. Marie Deans, whose mother-in-law was murdered in 1972, stated that "the answer lies in reducing violence, not causing more death". Additionally, the death penalty has been criticised as a form of state-sanctioned torture, with the process leading up to and including the execution causing severe physical and psychological suffering to the condemned person.
The death penalty has also been criticised for its discriminatory application, often targeting the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities. There is also a risk of executing innocent people, especially in flawed justice systems where unfair trials and coerced confessions are common. The finality of the death penalty means that mistakes cannot be undone, and an innocent person cannot be released once they have been executed.
While supporters of the death penalty argue that it acts as a deterrent, this claim is disputed. Some studies suggest that punishments that are swift and sure are better deterrents, and the rarity and lengthy process of executions may reduce their effectiveness as a deterrent. Additionally, murder is often a crime of impulse or irrationality, and the threat of execution may not be a significant factor in the decision-making process of potential offenders.
In conclusion, while the death penalty as revenge may appeal to the public's desire for justice, it raises serious ethical and practical concerns. It inflicts physical and psychological cruelty, discriminates against vulnerable groups, risks executing innocent people, and may not be an effective deterrent. As such, it is essential to consider the potential drawbacks and negative consequences of the death penalty as revenge before supporting its implementation.
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The death penalty and the law
The death penalty, also known as capital punishment, has been a topic of ongoing discussion for a long time. It has been used for an extensive period because of concerns about its psychological impact on individuals who are aware of it. The death penalty is provided for in the law of several countries, states, and jurisdictions. However, its constitutionality has been challenged in courts, with varying outcomes.
The Death Penalty and the US Constitution
The US Constitution's Eighth Amendment prohibits cruel and unusual punishment, and the death penalty has been the subject of debate under this amendment. The Supreme Court has held that the death penalty is constitutional, citing the 5th and 14th Amendments, which state that a person may not be "deprived of life, liberty, or property without due process of law." However, the Supreme Court has also ruled that certain methods of execution, such as lethal injection, are constitutional, while the death penalty for certain crimes, such as child rape, is considered excessive.
Arguments for and Against the Death Penalty
Supporters of the death penalty argue that it serves as a deterrent against crime and provides retribution for victims and their families. They believe that it is an acceptable form of punishment for heinous crimes such as murder and terrorism. Additionally, cultural and religious beliefs play a significant role in shaping people's perspectives on the death penalty, with religious individuals tending to have more conservative views.
On the other hand, opponents of the death penalty argue that it is unconstitutional, cruel, and discriminatory. They believe that it violates the fundamental human right to life and that it is used disproportionately against vulnerable groups in society, including minorities and people with mental disabilities. The risk of executing an innocent person is also a significant concern, as the death penalty cannot be reversed once carried out. Some argue that the death penalty extends suffering to the families of the condemned and that it is not a true form of justice or relief for victims' families.
Public Opinion and Fair Application
Public opinion on the death penalty is important, especially in the United States, where legislators rely on it to shape legislation. A majority of Americans support the death penalty, but opponents argue that this support may be based on a lack of reliable information and a desire for retribution. For the death penalty to be applied fairly, it is crucial to address issues such as incompetent defense counsel and racial bias within the criminal justice system.
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Frequently asked questions
The death penalty has been deemed constitutional by the Supreme Court, which reinstated it in 1976. The 5th and 14th Amendments carry express approval of the death penalty, stating that a person may not be “deprived of life, liberty or property without due process of law.”
The death penalty is believed to serve three legitimate penological objectives: general deterrence, specific deterrence, and retribution. It is also argued that the death penalty is a more effective deterrent than life imprisonment, as people fear death above all else.
The death penalty is considered cruel, inhuman, and degrading, and it infringes on the basic human right to life. It is also argued that the death penalty does not genuinely relieve the suffering of victims' families and that it is applied unfairly, with racial bias and incompetent defence counsel contributing to the risk of executing innocent people.
Public opinion on the death penalty varies. While a majority of Americans support the death penalty, this support decreases among religious individuals and is influenced by factors such as race, gender, education, political affiliation, income, and personal experiences with violent crime.
