Capital punishment has become a controversial subject in the contemporary world, with many countries putting an end to its practice. The death penalty has been used in the past years in several nations like Greece, Japan, and the United States of America (USA). It was mainly adopted to punish offenders that performed capital crimes such as murder, war crimes, or child sexual abuse. The procedure was stopped in many nations like France and Australia, where it was completely abolished. In some states, the system is not entirely eradicated, like in the United States, where sixty percent of the country’s territories use it in small proportions (Burki 1531). At the end of 2019, the US had two thousand people on death row, 98 percent being men (Burki 1531). In 2020, seventeen people were executed through lethal injection, the gas chamber, and electrocution (Burki 1532). The execution of an offender needs to be halted as it does not end the crime, and there is a chance of an innocent individual’s life getting terminated, making the act unjust.
Different societies have used the execution of public offenders since the beginning of civilization. The lack of developed prison systems gave no option but to kill criminals who had committed capital offenses like murder. It involved torture using cruel and painful methods like sawing and boiling alive. Most countries have abolished the procedure in the contemporary world, but fifty-five still retain the lethal form. Among those still adopting the execution style include the USA, where not all states agree, but some contain its use (Widgery 2). In modern life, many organizations continue to fight it as it is against fundamental human rights. Amnesty International has been at the forefront of championing the death penalty as it breaches the right to life. The stated rights are under the Universal Declaration of Human Rights, formed in 1948 by the United Nations (ECOSOC 2). In the USA, its usage got influenced by the British, who had colonized the nation. After getting used for several decades, it was suggested that it was a cruel and unusual penalty.
Capital punishment needs to be abolished due to the belief that it is equivalent to the crime committed, which is unjust and a form of retribution. Every day, many people get sentenced to death by different states for various crimes committed, some of which should not be criminalized. In some nations, the offenses that lead to its use include murder and terrorism; in others, even drug-related crimes are punishable by execution (Verney 70). Death sentences act arbitrarily against justice by discriminating against minorities and the poor (Griffin 558). The jury and specialists have argued that pressure to solve capital cases and inevitable errors have caused innocent, predominantly black, and other minorities to be executed for crimes they did not commit (Griffin 558). Death trial appeals take a long process before finalization, condemning those on death row’s uncertainty of their sentences. The judicial system has based its execution on an intrinsic racial basis (Griffin 574). If severe punishment can discourage lawbreaking, long-term imprisonment is harsh enough to prevent people from committing violent crimes.
International law states that the procedure should be restricted to the most severe crimes. Amnesty International believes intentional murder is not an answer, as the possibility of an innocent person being a victim should be considered. Some states do not engage in proper investigations to determine whether the offender is guilty or if they are being framed. Rushing to terminate the suspect’s life might be disastrous in such a scenario. It is an ultimate, unchangeable form of a penalty with no room for amendments. Iran became the limelight in 2015 after implementing a capital penalty for a juvenile offender who was now 23 but had committed the deeds in 2007 (Hannan et al. 800). The offender was believed to have murdered a friend at fifteen. Persons under the age of eighteen are protected by international law and are not to be subjected to the death penalty. A judicial review of the case was sought as the culprit might have committed the act not knowing the consequences. Such considerations need to be made, and if an individual is guilty, then life imprisonment seems ideal.
In the USA, the capital punishment system is applied unjustly. It largely depends on the attorneys’ skill, where the offense took place, the race of the victim and the culprit, and the amount of money one has. In the case of Samuel Howard in 2021, the Supreme Court overturned his death sentence finding him innocent of capital punishment. Samuel’s sentence was one of many cases of wrongful convictions on a racist basis. By 2021, 103 Blacks, 67 Whites, and 27 Latinos were acquitted of the death penalty since its abolishment in 1973 (Griffin 565). In Texas, the law of parties has caused controversial thoughts on its use. According to Griffin, the law of parties had led to several people on death row even when they did not commit any crime directly. As a result, the Texas House of Representatives, on May 5, 2021, voted against it, limiting judicial killings (Griffin 573). Since then, the number of dismissals has increased, with the majority being Blacks.
The American Civil Liberties Union (ACLU) completely disagrees with this punishment. One of the major arguments it makes is the state’s justification for having the right to terminate the life of other beings no matter what crime they have committed. No person is mandated to kill, and those found responsible for the accused crimes should face tough consequences, which do not necessarily include execution. ACLU believes this is an unfair method that is uncivilized hence the need for its abolishment (ECOSOC 783). It is a waste of public funds, as surveys have shown it does not limit the number of crimes committed. A report by the Federal Bureau of Investigation (FBI) shows that the states with capital punishment in the US have the highest number of murder cases. In the last two decades, the homicide rates in states that practice the form of penalty identified have been about sixty percent compared to those that have eradicated its use (Widgery 5). There has always been a significant difference between the two. It indicates that it does not qualify as a form of punishment.
Innocent individuals are often sentenced to death in the US without clear evidence. Over 156 people of various races have been wrongfully sentenced since 1973 (ECOSOC 2). It is due to free and fair hearings and retrials that have led to their release from death row in 26 states as they were innocent. The national statistics indicate that for every ten people executed, one is acquitted (ECOSOC 3). With this data, it is fair to determine that the capital punishment form is biased as it subjects one to a penalty that is not reversible. Several US states in the early twenty-first century executed mentally disabled criminals (Verney 74). The act was cruel and prohibited under the Eighth Amendment of the Constitution. It denies due process of law as a victim is completely denied the convenience to gain from the emergence of new evidence or laws that may guarantee the reversal of a sentence. The solution to violence should not be more savagery; hence, opposing the capital penalty demonstrates respect for human life and not a lack of sympathy for the severely affected casualties.
In contrast, death penalties have had a positive impact on the world. Proponents of capital punishment believe it preserves law and order, costs less than life imprisonment, and forfends crime within society (Hannan et al. 785). The death penalty is more feared than imprisonment and discourages future felonies (Burki 1531). Sparing the lives of a few innocent victims by preventing their murderers is more important than protecting the lives of sentenced murderers because of the prospect that executing them would not dissuade others. Criminal law was meant to save the lives of its citizens and keep the peace as opposed to actual murderers. According to Burki, there is no guarantee that perpetrators will change if they get charged on different occasions with severe crimes (Burki 1531). Moreover, there is a high crime rate in prisons where drug trafficking and murder occur. Supporters of this act believe elimination helps console grieving families and prevents the capital offenders from committing other future tragedies.
A recent Amnesty International report shows that a significant amount has reduced the current executions. The death penalty has acted as a deterrent in many ways (Burki 1532). Imprisonment is a deterrent in minor crimes, as many fear arrest. When someone gets executed for murder, it creates fear of killing in people with such intent. In Singapore, the number of drug users has dropped significantly after its government imposed laws against drug trafficking and usage. Most American citizens believe the capital penalty is effective, especially for those convicted of murder. Sixty percent of the public have full confidence in the procedure and suppose it reduces crimes and provides justice for the victims (Widgery 6). Many believe that this harsh punishment prevents potential crimes as the offenders fear the consequence.
The analogy that capital punishment offsets crime is vague, even when violent crimes are unacceptable in today’s society. Abolition of the death penalty will ensure that minorities and the poor have an equal trial in criminal law. There is a high chance of individuals getting prosecuted wrongfully, so condemning them to execution is unfair and unjust. The victims are commonly targeted racially and subjected to unfair trials; without proper consideration, the real culprits might end up free and the wrong ones subjected to a life-ending penalty. Nations should find a less subtle way of punishment for felonies to avoid going against human rights. Internationally, there is a steady trend towards abolition, with growth in all states and religions of the world. While others have enforced a moratorium on its use, the death penalty has no room in this century. In some situations, the method is deemed to deter crimes and be an act of justice for the bereaved families.
Works Cited
Burki, Talha. “The Death Penalty Continues Unabated Globally.” The Lancet, vol. 397, no. 10284, 2021, pp. 1531–1532, Web.
ECOSOC. “ECOSOC Report on Capital Punishment.” 2020, pp. 1–5, Web.
Griffin, Timothy. “Comparing Expert versus General Public Rationale for Death Penalty Support and Opposition: Is Expert Perspective on Capital Punishment Consistent with ‘Disciplined Retention’?” Punishment & Society, vol. 23, no. 4, 2021, pp. 557–577, Web.
Hannan, Kellie, et al. “Racial Sympathy and Support for Capital Punishment: A Case Study in Concept Transfer.” CrimRxiv, vol. 43, no. 7, 2021, pp. 780–803, Web.
Verney, Natasha Kathleen. Intellectual Disability and Punishment: The Influence of Culpability in the Application of Punishment Among Intellectually Disabled Offenders. 2021, pp. 01–75, Web.
Widgery, Amber. “Criminal Justice: The State of Capital Punishment.” 2019, pp. 01–07, Web.