Throughout the history of humanity, the death penalty has been used as a form of punishment. From the first days of using this type of punishment at different stages of society’s development, discussions around its use’s practicality have not faded. This problem is complex and multifaceted and causes contradictions because it affects political, legal, socio-economic, moral, religious, cultural, psychological, and other spheres of human life. The death penalty is connected with numerous risks, and its irreversible character makes it a controversial punishment.
The death penalty opponents argue that life imprisonment is enough because it is the same death sentence. However, only a prisoner for life has nothing to be afraid of, and he can commit various crimes in prison. In addition, the criminal can be released within the framework of the law. If one turns to the history of the development of the institution of the death penalty, people will see that it is one of the oldest types of punishment. At first, the death penalty was based on the talion principle, when the murder of another person by a person was punishable by the death of the murderer (Adinkrah, & Clemens, 2018). In addition, at that time, the principle of blood feuds was in effect in many societies (Adinkrah & Clemens, 2018). The main argument of the opponents of the death penalty is the possibility of a miscarriage of justice, as a result of which an innocent person will die. Nevertheless, life imprisonment, in the end, implies death. The Supreme Court case Kennedy v. Louisiana (07-343) (2008) shows that the views on the death penalty can change with time. In this case, capital punishment is not applied to child rapists if the victim did not die.
The proponents of the death penalty state that criminals are afraid of capital punishment. Introducing the death penalty has led to a more sophisticated method of investigating crime, but it makes the legal system work better, which also has a positive impact on criminal activity in the country (Adinkrah, & Clemens, 2018). At the same time, such methods do not stop terrorist attacks because suicide bombers are not scared of death. It will not frighten them, but the organizers of the terrorist attacks are in no hurry to part with their lives. Therefore, the death penalty is a complicated moral issue with no clear answer.
Along with the traditional arguments against the death penalty, including the possibility of an irreparable miscarriage of justice, immorality, cruelty, and significant expenditure of public funds in the United States, it is becoming increasingly important to point to a stable and widespread practice of violating the constitutional principle of equality in the realization of such a fundamental human right as the right to life. The problem of fundamental provision of the principle of equality, which is fundamental for modern jurisprudence, has many aspects in the United States, including issues of gender, economic status, health status, and age (Adinkrah & Clemens, 2018). However, the fundamental imperative for the entire American legal system is the prohibition of racial and national discrimination.
Race is a significant aggravating factor in the decisions concerning the acceptability of the death penalty. The U.S. Department of Justice (DOJ) posted the results based on the survey of federal death penalty prosecutions in 2000. According to the information from the report, the federal death penalty, like its use in the states, is disproportionately used against people of color (Ye, 2018). Of the 18 inmates on federal death row, 16 are African-American, Hispanic, or Asian. Between 1995-2000, 80% of all federal death penalty cases recommended by U.S. prosecutors to the Attorney General for the death penalty involved people of color (Ye, 2018). Even after the Attorney General’s review, 72% of the cases approved for the death penalty concerned minority defendants (Ye, 2018). This statistical information shows the racial controversy surrounding the topic of the death penalty.
In conclusion, from the above, it should be stated that there are many arguments for and against the death penalty, and therefore it is complicated to decide whether it is appropriate. Every year the statistics of opponents and supporters change drastically. However, the issue of the death penalty has been rising more and more recently; part of the public increasingly supports the view that it is necessary to reintroduce the death penalty as the most severe form of punishment for criminals who have committed crimes in certain areas.
References
Adinkrah, M., & Clemens, W. M. (2018). To reinstate or to not reinstate? An exploratory study of student perspectives on the death penalty in Michigan. International Journal of Offender Therapy and Comparative Criminology, 62(1), 229-252. Web.
Kennedy v. Louisiana (07-343) (2008). Web.
Ye, X., Sharag-Eldin, A., Spitzberg, B., & Wu, L. (2018). Analyzing public opinions on death penalty abolishment. Chinese Sociological Dialogue, 3(1), 53-75. Web.