essay about death penalty brainly

Death Penalty - Essay Samples And Topic Ideas For Free

The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application of the death penalty, the potential for judicial error, and the disparities in its application across different demographic groups. Discussions might also explore the psychological impact on inmates, the families involved, and the society at large. They could also analyze the global trends toward abolition or retention of the death penalty and the factors influencing these trends. A substantial compilation of free essay instances related to Death Penalty you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Death Penalty and Justice

By now, many of us are familiar with the statement, "an eye for an eye," which came from the bible, so it should be followed as holy writ. Then there was Gandhi, who inspired thousands and said, "an eye for an eye will leave us all blind." This begs the question, which option do we pick to be a good moral agent, in the terms of justice that is. Some states in America practice the death penalty, where some states […]

The Controversy of Death Penalty

The death penalty is a very controversial topic in many states. Although the idea of the death penalty does sound terrifying, would you really want a murderer to be given food and shelter for free? Would you want a murderer to get out of jail and still end up killing another innocent person? Imagine if that murder gets out of jail and kills someone in your family; Wouldn’t you want that murderer to be killed as well? Murderers can kill […]

Stephen Nathanson’s “An Eye for an Eye”

According to Stephen Nathanson's "An Eye for an Eye?", he believes that capital punishment should be immediately abolished and that the principle of punishment, "lex talionis" which correlates to the classic saying "an eye for an eye" is not a valid reason for issuing the death penalty in any country, thus, abolishment of Capital Punishment should follow. Throughout the excerpt from his book, Nathanson argues against this principle believing that one, it forces us to "commit highly immoral actions”raping a […]

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Does the Death Penalty Effectively Deter Crime?

The death penalty in America has been effective since 1608. Throughout the years following the first execution, criminal behaviors have begun to deteriorate. Capital punishment was first formed to deter crime and treason. As a result, it increased the rate of crime, according to researchers. Punishing criminals by death does not effectively deter crime because criminals are not concerned with consequences, apprehension, and judges are not willing to pay the expenses. During the stage of mens rea, thoughts of committing […]

The Death Penalty: Right or Wrong?

The death penalty has been a controversial topic throughout the years and now more than ever, as we argue; Right or Wrong? Moral or Immoral? Constitutional or Unconstitutional? The death penalty also known as capital punishment is a legal process where the state justice sentences an individual to be executed as punishment for a crime committed. The death penalty sentence strongly depends on the severity of the crime, in the US there are 41 crimes that can lead to being […]

About Carlton Franklin

In most other situations, the long-unsolved Westfield Murder would have been a death penalty case. A 57-year-old legal secretary, Lena Triano, was found tied up, raped, beaten, and stabbed in her New Jersey home. A DNA sample from her undergarments connected Carlton Franklin to the scene of the crime. However, fortunately enough for Franklin, he was not convicted until almost four decades after the murder and, in an unusual turn of events, was tried in juvenile court. Franklin was fifteen […]

About the Death Penalty

The death penalty has been a method used as far back as the Eighteenth century B.C. The use of the death penalty was for punishing people for committing relentless crimes. The severity of the punishment were much more inferior in comparison to modern day. These inferior punishments included boiling live bodies, burning at the stake, hanging, and extensive use of the guillotine to decapitate criminals. In the ancient days no laws were established to dictate and regulate the type of […]

The Death Penalty should not be Legal

Imagine you hit your sibling and your mom hits you back to teach that you shouldn't be hitting anyone. Do you really learn not to be violent from that or instead do you learn how it is okay for moms or dads to hit their children in order to teach them something? This is exactly how the death penalty works. The death penalty has been a form of punishment for decades. There are several methods of execution and those are […]

Effectively Solving Society’s Criminality

Has one ever wondered if the person standing or sitting next to them has the potential to be a murderer or a rapist? What do those who are victimized personally or have suffered from a tragic event involving a loved-one or someone near and dear to their heart, expect from the government? Convicted felons of this nature and degree of unlawfulness should be sentenced to death. Psychotic killers and rapists need the ultimate consequences such as the death penalty for […]

Religious Values and Death Penalty

Religious and moral values tell us that killing is wrong. Thou shall not kill. To me, the death penalty is inhumane. Killing people makes us like the murderers that most of us despise. No imperfect system should have the right to decide who lives and who dies. The government is made up of imperfect humans, who make mistakes. The only person that should be able to take life, is god. "An eye for an eye leaves the whole world blind". […]

Abolishment of the Death Penalty

Abstract: The purpose of this paper is to relate many different criminological theories in regard to capital punishment. We relate many criminological theories such as; cognitive theory, deviant place theory, latent trait theory, differential association theory, behavioral theory, attachment theory, lifestyle theory, and biosocial theory. This paper empirically analyzes the idea that capital punishment is inhumane and should be abolished. We analyze this by taking into consideration false convictions, deterrence of crime, attitudes towards capital punishment, mental illness and juvenile […]

Punishment and the Nature of the Crime

When an individual commits a crime then he/she is given punishment depending on the nature of the crime committed. The US's way of giving punishment to an offender has been criticized for many years. There are 2 types of cases; civil and criminal cases. In civil cases, most of the verdict comprises of jail time or fine amount to be paid. These are not as severe except the one related to money laundering and forgery. On the other hand, criminal […]

The Death Penalty and Juveniles

Introduction: In today's society, many juveniles are being sent to trial without having the chance of getting a fair trial as anyone else would. Many citizens would see juveniles as dangerous individuals, but in my opinion how a teenager acts at home starts at home. Punishing a child for something that could have been solved at home is something that should not have to get worse by giving them the death penalty. The death penalty should not be imposed on […]

Is the Death Penalty “Humane”

What’s the first thing that pops up in your mind when you hear the words Capital Punishment? I’m assuming for most people the first thing that pops up is a criminal sitting on a chair, with all limbs tied down, and some type of mechanism connected to their head. Even though this really isn't the way that it is done, I do not blame people for imagining that type of image because that is how movies usually portray capital punishment. […]

Euthanasia and Death Penalty

Euthanasia and death penalty are two controversy topics, that get a lot of attention in today's life. The subject itself has the roots deep in the beginning of the humankind. It is interesting and maybe useful to learn the answer and if there is right or wrong in those actions. The decision if a person should live or die depends on the state laws. There are both opponents and supporters of the subject. However different the opinions are, the state […]

The Death Penalty is not Worth the Cost

The death penalty is a government practice, used as a punishment for capital crimes such as treason, murder, and genocide to name a few. It has been a controversial topic for many years some countries still use it while others don't. In the United States, each state gets to choose whether they consider it to be legal or not. Which is why in this country 30 states allow it while 20 states have gotten rid of it. It is controversial […]

Ineffectiveness of Death Penalty

Death penalty as a means of punishing crime and discouraging wrong behaviour has suffered opposition from various fronts. Religious leaders argue that it is morally wrong to take someone's life while liberal thinkers claim that there are better ways to punish wrong behaviour other than the death penalty. This debate rages on while statistically, Texas executes more individuals than any other state in the United States of America. America itself also has the highest number of death penalty related deaths […]

Is the Death Penalty Morally Right?

There have been several disputes on whether the death penalty is morally right. Considering the ethical issues with this punishment can help distinguish if it should be denied or accepted. For example, it can be argued that a criminal of extreme offenses should be granted the same level of penance as their crime. During the duration of their sentencing they could repent on their actions and desire another opportunity of freedom. The death penalty should be outlawed because of too […]

Why the Death Penalty is Unjust

Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man (or woman) should shed the blood of another man (or woman). Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Social justice […]

The Death Penalty and People’s Opinions

The death penalty is a highly debated topic that often divided opinion amongst people all around the world. Firstly, let's take a look at our capital punishments, with certain crimes, come different serving times. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. When it comes to the death penalty, there are certain […]

The Debate of the Death Penalty

Capital punishment is a moral issue that is often scrutinized due to the taking of someone’s life. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […]

The History of the Death Penalty

The History of the death penalty goes as far back as ancient China and Babylon. However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. For instance, in the 5th Century BC, the Roman Law of the Twelve Tablets […]

Death Penalty is Immoral

Let's say your child grabs a plate purposely. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. A three year old typically doesn't know they have done something wrong. But since your child broke that one plate, your kid is being put on death row. You may be thinking, that is too harsh of […]

The Death Penalty in the United States

The United States is the "land of the free, home of the brave" and the death penalty (American National Anthem). Globally, America stands number five in carrying executions (Lockie). Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection (The Guardian). Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […]

Cost of the Death Penalty

The death penalty costs more than life in prison. According to Fox News correspondent Dan Springer, the State of California spent 4 billion dollars to execute 13 individuals, in addition to the net spend of an estimated $64,000 per prisoner every year. Springer (2011) documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. […]

The Solution to the Death Penalty

There has never been a time when the United States of America was free from criminals indulging in killing, stealing, exploiting people, and even selling illegal items. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […]

Costs: Death Penalty Versus Prison Costs

The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives. According to […]

Death Penalty as a Source of Constant Controversy

The death penalty has been a source of almost constant controversy for hundreds of years, splitting the population down the middle with people supporting the death penalty and people that think it is unnecessary. The amount of people that are been against the death penalty has grown in recent years, causing the amount of executions to dwindle down to where there is less than one hundred every year. This number will continue to lessen as more and more people decide […]

Death Penalty is Politically Just?

Being wrongfully accused is unimaginable, but think if you were wrongfully accused and the ultimate punishment was death. Death penalty is one of the most controversial issues in today's society, but what is politically just? When a crime is committed most assume that the only acceptable consequence is to be put to death rather than thinking of another form of punishment. Religiously the death penalty is unfair because the, "USCCB concludes prisoners can change and find redemption through ministry outreach, […]

George Walker Bush and Death Penalty

George Walker Bush, a former U.S. president, and governor of Texas, once spoke, "I don't think you should support the death penalty to seek revenge. I don't think that's right. I think the reason to support the death penalty is because it saves other people's lives." The death penalty, or capital punishment, refers to the execution of a criminal convicted of a capital offense. With many criminals awaiting execution on death row, the death penalty has been a debated topic […]

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How To Write an Essay About Death Penalty

Understanding the topic.

When writing an essay about the death penalty, the first step is to understand the depth and complexities of the topic. The death penalty, also known as capital punishment, is a legal process where a person is put to death by the state as a punishment for a crime. This topic is highly controversial and evokes strong emotions on both sides of the debate. It's crucial to approach this subject with sensitivity and a balanced perspective, acknowledging the moral, legal, and ethical considerations involved. Research is key in this initial phase, as it's important to gather facts, statistics, and viewpoints from various sources to have a well-rounded understanding of the topic. This foundation will set the tone for your essay, guiding your argument and supporting your thesis.

Structuring the Argument

The next step is structuring your argument. In an essay about the death penalty, it's vital to present a clear thesis statement that outlines your stance on the issue. Are you for or against it? What are the reasons behind your position? The body of your essay should then systematically support your thesis through well-structured arguments. Each paragraph should focus on a specific aspect of the death penalty, such as its ethical implications, its effectiveness as a deterrent to crime, or the risk of wrongful convictions. Ensure that each point is backed up by evidence and examples, and remember to address counterarguments. This not only shows that you have considered multiple viewpoints but also strengthens your position by demonstrating why these opposing arguments may be less valid.

Exploring Ethical and Moral Dimensions

An essential aspect of writing an essay on the death penalty is exploring its ethical and moral dimensions. This involves delving into philosophical debates about the value of human life, justice, and retribution. It's important to discuss the moral justifications that are often used to defend the death penalty, such as the idea of 'an eye for an eye,' and to critically evaluate these arguments. Equally important is exploring the ethical arguments against the death penalty, including the potential for innocent people to be executed and the question of whether the state should have the power to take a life. This section of the essay should challenge readers to think deeply about their values and the principles of a just society.

Concluding Thoughts

In conclusion, revisit your thesis and summarize the key points made in your essay. This is your final opportunity to reinforce your argument and leave a lasting impression on your readers. Discuss the broader implications of the death penalty in society and consider potential future developments in this area. You might also want to offer recommendations or pose questions that encourage further reflection on the topic. Remember, a strong conclusion doesn't just restate what has been said; it provides closure and offers new insights, prompting readers to continue thinking about the subject long after they have finished reading your essay.

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The Death Penalty – Your Questions Answered

Does the death penalty stop crime does it give victims justice is there a humane way to execute get your facts straight about the death penalty with amnesty’s top 10 faqs on capital punishment., 1. why does amnesty international oppose the death penalty.

The death penalty violates  the most fundamental human right – the right to life. It is the ultimate cruel, inhuman and degrading punishment .

The death penalty is discriminatory. It is often used against the most vulnerable in society, including the poor, ethnic and religious minorities, and people with mental disabilities. Some governments use it to silence their opponents. Where justice systems are flawed and unfair trials rife, the risk of executing an innocent person is ever present.

When the death penalty is carried out, it is final. Mistakes that are made cannot be unmade. An innocent person may be released from prison for a crime they did not commit, but  an execution can never be reversed .

2. Don’t victims of violent crime and their families have a right to justice?

They do. Those who have lost loved ones in terrible crimes have a right to see the person responsible held to account in a fair trial without recourse to the death penalty. In opposing the death penalty, we are not trying to minimize or condone crime. But as many families who have lost loved ones have said, the death penalty cannot genuinely relieve their suffering. It just extends that suffering to the family of the condemned person. 

Revenge is not the answer. The answer lies in reducing violence, not causing more death. Marie Deans, whose mother-in-law was murdered in 1972

3. If you kill someone else, don’t you deserve to die, too – “an eye for an eye”?

No. Executing someone because they’ve taken someone’s life is revenge, not justice.

An execution – or the threat of one –inflicts terrible physical and psychological cruelty. Any society which executes offenders is  committing the same violence it condemns .

4. Doesn’t the death penalty prevent crime?

Not according to the research. There is no credible evidence that the death penalty deters crime more effectively than a prison term. In fact, crime figures from countries which have banned the death penalty have not risen.  In some cases they have actually gone down . In Canada, the murder rate in 2008 was less than half that in 1976 when the death penalty was abolished there.

5.  What about capital punishment for terrorists?

Governments often resort to the death penalty in the aftermath of violent attacks, to demonstrate they are doing something to “protect” national security. But the threat of execution is unlikely to stop men and women prepared to die for their beliefs – for example, suicide bombers. Executions are just as likely to create martyrs whose memory becomes a rallying point for their organizations.

People accused of “terrorism” are  especially likely to be sentenced to death after unfair trials . Many are condemned on the  basis of “confessions” extracted through torture . In some cases, special or military courts set up through counterterrorism laws have sentenced civilians to death, undermining international standards. 

[The death penalty] is a cheap way for politically inclined people to pretend to their fearful constituencies that something is being done to combat crime.  Jan van Rooyen, South African law professor

6. Isn’t it better to execute someone than to lock them up forever?

Every day, men, women, even children, await execution on death row. Whatever their crime, whether they are guilty or innocent, their lives are claimed by a system of justice that values retribution over rehabilitation. As long as a prisoner remains alive, he or she can hope for rehabilitation, or to be exonerated if they are  later found to be innocent .

7. Is there a humane and painless way to execute a person?

Any form of execution is inhumane. The  lethal injection  is often touted as somehow more humane because, on the surface at least, it appears less grotesque and barbaric than other forms of execution such as beheading, electrocution, gassing and hanging.

But the search for a “humane” way to kill people should be seen for what it really is – an attempt to make executions more palatable to the public in whose name they are being carried out, and to make the governments that execute appear less like killers themselves.

8. What business is it of Amnesty’s if different societies want to use the death penalty?  

Human rights – including the most basic right to life – are universal and endorsed by the vast majority of countries in the world. Our call to end the death penalty is consistent with the mercy, compassion and forgiveness that all major world religions emphasize. To date, 140 countries have abolished the death penalty in law or in practice, demonstrating that the desire to end capital punishment is shared by cultures and societies in almost every region in the world. 

Human rights apply to the best of us – and the worst of us.  Amnesty International

9. What if public opinion is in favour of the death penalty?

Strong public support for the death penalty often goes hand in hand with a lack of reliable information about it – most often the mistaken belief that it will reduce crime. Many governments are quick to promote this erroneous belief even though there is no evidence to support it. Crucial factors that underlie how the death penalty is applied are often not understood. These include the risk of executing an innocent person, the unfairness of trials, and the discriminatory nature of the death penalty – all of which contribute to a fully informed view of capital punishment.

We believe governments need to be open about this information, while promoting respect for human rights through public education programmes.  Only then can there be meaningful debate on the death penalty.

Still the decision to execute someone cannot be decided by public opinion. Governments must lead the way.

10. Is the battle to abolish the death penalty being won?

Yes. Today, two-thirds of countries in the world have either abolished the death penalty outright, or no longer use it in practice. Although there have been a few  steps backwards , these must be weighed up against the clear worldwide trend towards abolition. In 2015 alone,  Fiji, Madagascar and Suriname all turned their backs on the death penalty  once and for all. Burkina Faso, Mongolia and South Korea are on their way to doing the same. Europe remains virtually free of the death penalty. And the USA, historically one of the nations most reluctant to give up the death penalty, is slowly turning against capital punishment.

Further reading

Our position on the death penalty

Is the death penalty the answer to drug crime?

Death penalty 2015: the good and the bad

The death penalty v. human rights – Why abolish the death penalty?

Death penalty campaigning toolkit (2008)  

1000-Word Philosophy: An Introductory Anthology

Philosophy, One Thousand Words at a Time

The Death Penalty

Author: Benjamin S. Yost Category:  Ethics , Social and Political Philosophy Word Count: 992

The death penalty—executing criminals, usually murderers—is more controversial than imprisonment because it inflicts a more significant injury, perhaps the most serious injury, and its effects are irreversible. [1]

Some advocates of the death penalty, or capital punishment , argue that it is justified because murder is so bad that death is the only appropriate response. Others defend capital punishment on the grounds that it has important benefits for society.

This essay surveys both types of arguments and critical responses.

1. Deontological Justifications

Deontological defenses of capital punishment see execution as a morally “fitting” response to murderers’ horrible deeds. [2] There are two main varieties.

1.1. Retributivist Justifications

The idea that punishments should be equal in severity to their crimes underlies retributivist defenses of capital punishment. Retributivists argue that execution is justified because it matches the badness or wrongness of murder—i.e., it is a proportionate punishment for murder. [3]

How is proportionality established? “Eye for an eye” principles suggest that execution is proportional to murder because it involves the same kind of act (killing). [4] More sophisticated approaches begin with the idea that life is uniquely valuable: it is the precondition of everything else good for someone. Because being murdered prevents the victim from having any valuable experiences, murderers are punished too lightly if they can enjoy even the limited goods life in prison allows. [5]

1.2. Purgative Justifications

Some argue for a duty to purge exceptionally evil offenders from society by executing them. [6] On this view, the continued existence of such offenders morally stains society: by expending resources on them, society takes on responsibility for their violation of human dignity. Execution dissolves that responsibility. [7]

2. Consequentialist Justifications

Many defend the death penalty not as a response to criminals for their past evil deeds, but by arguing that executing murderers produces better overall social consequences than not doing so. [8] Two consequences are frequently discussed.

2.1. Deterrence

Common sense suggests that the fear of being executed prevents, or deters , potential murderers from killing. For deterrent justifications of capital punishment, the beneficial consequences of executions—innocent lives saved—outweigh the costs to the legal system and the executed person. [9]

2.2. Incapacitation

Deterrence is about reducing murder rates overall. Incapacitation aims at preventing specific offenders from reoffending: some murderers might be so dangerous, only death ensures they won’t kill again. [10]

3. Criticisms of Deontological  Justifications

Let’s consider some objections to the above arguments.

“Eye for an eye” retributivism seems to mandate immoral punishments like raping rapists or torturing torturers.

Proportionality-based retributivism also faces challenges. Capital punishment is sometimes judged to be disproportionately harsh because murderers suffer from prison time, from knowing their execution date, and from losing their lives, whereas murder victims only lose their lives. [11] More often, critics argue that life in prison, the longest sentence possible, is just as proportionate as execution and less morally controversial. [12]

4. Criticisms of Consequentialist Justifications

Deterrence theorists presume that execution is more “persuasive” than imprisonment. But researchers have found no evidence of execution’s marginal deterrent effect—i.e., a deterrent impact on murder rates exceeding that of imprisonment . [13] It is not enough for proponents to show that execution deters murder. Execution must deter murder better than imprisonment for its costs to be justified. [14]

An objection to both theories is that they permit punishing people for actions they didn’t perform. [15] Most believe that only those guilty of criminal acts should be punished. But deterrence theories could allow executing the innocent: if executing an innocent person would prevent future murders and authorities could keep her innocence secret, the benefits would plausibly outweigh the costs and deterrence theories would support killing her. [16] And incapacitation theories punish offenders for what they might do in the future, rather than any wrongs actually committed. [17]

5. General Objections to Capital Punishment

Death penalty abolitionists raise a number of general objections to capital punishment. 

5.1. The Right to Life

Abolitionists argue that execution violates murderers’ inviolable right to life.

Advocates respond that offenders forfeit their right to life by committing murder. And assertions of an absolute right to life have the implausible consequence of prohibiting killing in justified self-defense.

5.2. Dignity

Dignity arguments against capital punishment focus on whatever basic human capacity (e.g., rationality) imparts dignity , that in virtue of which persons are owed respect. Actions that violate dignity, like torture, are widely condemned. Abolitionists argue that because execution destroys the capacity for dignity, it violates dignity and is thus immoral.

Advocates question whether eliminating the condition of some valuable feature actually offends against that feature: e.g., killing people annihilates their ability to practice religion, yet it’s odd to characterize execution as violating religious freedom.

5.3. Procedural Problems

Capital punishment is often rejected on account of flaws in the legal procedures leading to death sentences. Some reject the death penalty in practice for these procedural reasons, even though they believe it is justified in theory .

5.3.1. Arbitrariness

In the U.S., capital juries may sentence a convicted murderer to life in prison, instead of execution, for almost any reason whatsoever. There is little consistency in who is sentenced to death and who is sent to prison, and so the death penalty is condemned as being intolerably arbitrary. [18]

5.3.2. Discrimination

One pattern in capital sentencing is that those who murder white people are more likely to be sentenced to death than those who murder black people (blacks who murder whites are the most likely to face execution). [19] It can seem deeply unfair, if not racist, for the likelihood of a death sentence to depend on racial factors. [20]

Death penalty advocates respond by insisting that what an individual murderer deserves is unaffected by how other murderers are treated. They add that arbitrariness and discrimination are reasons to reform , not abolish, sentencing procedures.

5.3.3. Irrevocability

If someone is wrongly executed—either because she is innocent, or subject to procedural injustice at trial—there is no way to right the wrong. Some abolitionists argue that because a just state is obliged to undo its serious mistakes, it mustn’t impose irrevocable punishments like the death penalty. [21], [22]  

6. Conclusion

Retributivist justifications dominate contemporary politics, but have recently suffered some legislative defeats to proceduralist arguments. [23] Determining whether practical worries about capital punishment trump concerns about potentially treating murders too leniently is thus of great legal and moral significance.

[1] For a general introduction to the debates about what justifies punishments in general and what makes particular punishments appropriate, see Theories of Punishment by Travis Joseph Rodgers.

In the U.S., twenty-nine states, the federal government, and the military allow for the death penalty. State and federal death rows are populated solely by murderers and accomplices to murder. Some states and the federal government permit execution for treason and other crimes, but these laws have never been tested in court.

Fifty-five other countries permit capital punishment, while more than one hundred nations have abolished it or no longer use it. In countries with an active death penalty, death-eligible crimes include kidnapping, drug trafficking, treason, and sexual immorality. For detailed information on capital punishment by U.S. state and country , see the Death Penalty Information Center .

[2] Deontologists see murder as the only crime for which capital punishment is appropriate, because murder is uniquely bad, and so only murderers deserve death.

[3] Proportionality is sometimes called commensurability . Some retributivists claim that proportionate punishments are justified because they give wrongdoers what they deserve.

[4] The “eye for an eye” principle is called the lex talionis. The most famous lex talionis defense of the death penalty can be found in Immanuel Kant’s Metaphysics of Morals, vi: 332–333. For more on Kant’s view, see Yost (2010). For an introduction to Kant’s ethics see Deontology: Kantian Ethics by Andrew Chapman.

[5] Sorell (1993).

[6] The purgative rationale applies only to extraordinarily evil offenders, not to garden-variety first-degree murderers (Kramer 2011). That is, it applies only to people like Adam Lanza, the Sandy Hook Elementary School shooter, who in 2012 shot to death twenty six- and seven-year old students and six school staff.

[7] These purgative theorists regard executing evil offenders as morally obligatory , whereas retributivists typically consider it merely permissible .

[8] See Shane Gronholz’s Consequentialism for discussion of the ethical theory known as “consequentialism” that these arguments often depend on.

[9] John Stuart Mill defends capital punishment in these terms (1868).

[10] This rationale best applies to countries other than the U.S., which has invested in technologically advanced maximum-security prison divisions, where inmates are (inhumanely) restricted to solitary confinement and under constant supervision.

[11] Camus (1963).

[12] Bedau (2002); Finkelstein (2002). Critics of retributivism as a general theory of punishment often raise a related objection: it is hard to know how much punishment to assign to a given offense. Does armed robbery merit a year in jail? A year and a month? A year and one hundred days? 

[13] State of the art research neither establishes nor disproves a marginal deterrent effect; see Nagin and Pepper (2012).

[14] Although the cost varies from state to state, the price for executing a murderer in the U.S. is always higher than keeping him in prison for life.

[15] Pure deterrence theories can be contrasted with two-level theories. Two-level theories of punishment endorse deterrence as the general justifying aim of punishment, but maintain that the determination of who and how much to punish is governed by retributive principles (see, e.g., Hart 1968). These views sidestep the innocence objection, but inherit the problems of deontological approaches.

[16] A related worry is that deterrence theories condone execution for crimes far less serious than murder: if executing one or two burglars would eliminate property crimes, deterrence rationales might allow such a punishment.

[17] See, e.g., Nadelhoffer, et al . (2012).

[18] See Justice Blackmun’s dissent in Callins v. Collins . For a more philosophical approach, see Nathanson (2001).

[19] Poor people are more likely to be executed than well-off people, though the research on this comparison is scant. But when we consider that litigating capital cases is difficult and time-consuming, and poor defendants must rely on overworked public defenders, many of whom have no experience with capital trials, the consequences seem clear. For harrowing stories of how bad lawyering leads to death sentences, see Bright (1994).

[20] Cholbi (2006).

[21] Yost (2019).

[22] The irrevocability of execution is, however, philosophically controversial. Davis argues that authorities can compensate a wrongly executed person by advancing her interests or values (1984). For example, the state could send her son to college or donate five million dollars to her favorite charity. Davis concludes that compensation of this sort counts as revoking the wrongful execution.

[23] For example, in 2018 the Washington Supreme Court struck down the death penalty , citing its arbitrary and discriminatory nature.

Callins v . Collins . 510 U.S. 1141. U.S. Supreme Court, 1994.

Bedau, Hugo (2002). “The Minimal Invasion Argument against the Death Penalty.” Criminal Justice Ethics 21 (2): 3-8.

Bright, Steven (1994). “Council for the Poor: the Death Penalty Not for the Worst Crime but for the Worst Lawyer.” Yale Law Journal 103 (7): 1835-83.

Camus, Albert (1963). “Reflections on the Guillotine.” Resistance, Rebellion, and Death. New York: Modern Library.

Cholbi, Michael (2006). “Race, Capital Punishment, and the Cost of Murder.” Philosophical Studies 127: 255-282.

Davis, Michael (1984). “Is the Death Penalty Irrevocable?” Social Theory and Practice 10 (2): 143-156.

Finkelstein, Claire (2002). “Death and Retribution.” Criminal Justice Ethics 21 (2): 12-21.

Hart, H.L.A. (1968). Punishment and Responsibility: Essays in Legal Philosophy. Oxford: Oxford University Press.

Kramer, Matthew (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences. Oxford: Oxford University Press.

Mill, John Stuart (1868). “Speech in Favor of Capital Punishment.”

Nagin, Daniel, and John Pepper (2012). “Deterrence and the Death Penalty.” National Research Council. Washington, D.C.: The National Academies Press.

Nadelhoffer, Thomas, et al. (2012). “Neuroprediction, Violence, and the Law: Setting the Stage.” Neuroethics 5 (1): 67-99.

Nathanson, Stephen (2001). An Eye for an Eye : The Immorality of Punishing by Death. Lanham, MD: Rowman & Littlefield.

Sorell, Tom (1993). “Aggravated Murder and Capital Punishment.” Journal of Applied Philosophy 10 (2): 201-213.

Yost, Benjamin S. (2010). “Kant’s Justification of the Death Penalty Reconsidered.” Kantian Review 15 (2): 1-27.

Yost, Benjamin S. (2019). Against Capital Punishment. New York: Oxford University Press.

For Further Reading

Hoag, Robert. “Capital Punishment.” Internet Encyclopedia of Philosophy .

Related Essays

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Philosophy of Law: An Overview  by Mark Satta

Moral Luck  by Jonathan Spelman

Hell and Universalism  by A.G. Holdier 

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About the Author

Benjamin S. Yost is Professor of Philosophy at Providence College and Adjunct Professor of Philosophy at Cornell University. His specializations include the philosophy of punishment and Kant’s practical philosophy. His book Against Capital Punishment was published by Oxford University Press (2019), and he has a co-edited volume titled The Movement for Black Lives: Philosophical Perspectives forthcoming from Oxford. His papers appear in journals such as Utilitas, Journal of the American Philosophical Association, Kantian Review, and Continental Philosophy Review . www.benjaminsyost.net

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F.S.A. vs. H.S.A.: What to Know About the Accounts That Pay Medical Costs

Flexible spending accounts and health savings accounts both have tax benefits, but both may also have drawbacks, two reports found.

By Ann Carrns

Two types of accounts can help you pay for medical costs and have tax benefits, but both also have possible downsides, two recently published reports found.

The two are flexible spending accounts and health savings accounts — better known as F.S.A.s and H.S.A.s. They’re related, though they have some big differences.

F.S.A.s are available only through employers. Workers set aside a fixed amount of money each year to be deducted from their paycheck before taxes, reducing their taxable income while helping them pay for out-of-pocket medical costs. But if workers change employers, the account doesn’t move with them.

Workers also face deadlines for spending their F.S.A. money on eligible care or products, although many employers offer grace periods or the option to roll over some funds from one year to the next.

In a new analysis of more than three million accounts, the Employee Benefit Research Institute found that more than half of participants (52 percent) failed to spend down their accounts in time and forfeited at least part of their contributions back to their employers in 2022, up from 44 percent in 2019.

“We did notice high shares of account holders forfeited funds,” said Jake Spiegel, a research associate at the institute and the author of the report.

The average amount forfeited in 2022 was $441, compared with $369 in 2019, the analysis found. The exact amounts forfeited in 2020 and 2021 are unclear because the “use it or lose it” rules were relaxed during the pandemic. It may be that F.S.A. account holders were caught off guard by the return to pre-Covid forfeiture rules in 2022, Mr. Spiegel said.

H.S.A.s have higher contribution limits than F.S.A.s and don’t have any spending deadlines. Funds in them can grow indefinitely, and the accounts move with you if you change jobs. (If your health plan qualifies, you can also open one on your own, even if your employer doesn’t offer the option.)

H.S.A.s pack potentially powerful tax breaks: Contributions can be deducted pretax from your paycheck (or deducted on your tax return); interest or investment gains are tax free, so the accounts can be used for long-term savings; and withdrawals are tax free if the money is spent on eligible medical care and products. (Two states, California and New Jersey, tax contributions and investment gains at the state level, according to the investment company Vanguard .)

Use of the accounts has surged, with about 36 million H.S.A.s in 2023 holding more than $116 billion.

A big catch, however, is that H.S.A.s are available only with certain types of health plans with high deductibles (an amount you pay for care before insurance pays). The accounts were originally offered to make the plans with high deductibles more attractive. While the coverage often offers lower monthly premiums, patients typically pay more costs out of pocket. H.S.A.s can offset some of those costs because employers often chip in some cash.

Some progressive groups see the accounts as most benefiting the affluent, who can afford to pay for care out of pocket while investing their H.S.A. contributions for use in retirement. (Withdrawals remain tax free when used for health care and are taxed as ordinary income, without penalty, when spent on nonqualifying purchases after age 65.)

“H.S.A.s primarily serve as a tax shelter for people with high incomes,” said Gideon Lukens, senior fellow and director of research and data analysis at the Center on Budget and Policy Priorities, a progressive think tank. Some workers, however, may be offered a high-deductible health plan as their only coverage option, he said, which can cause financial strain.

The Consumer Financial Protection Bureau reported this month that H.S.A.s had room for improvement. Many accounts pay anemic interest rates on balances — typically less than 1 percent, even as interest rates on many online savings accounts have risen. And they often have fees — like monthly management fees, fees for paper statements and exit fees if savers want to move their balances elsewhere — that can “chip away” at the funds, Rohit Chopra, the bureau’s director, said in a statement .

“Many consumers do not realize the fees, switching costs and low interest yields that will come with the accounts,” he added.

For example, the report said, two providers, HealthEquity and HSA Bank, charge a $25 fee for closing an account.

“Most H.S.A. providers charge fees to help cover essential overhead costs,” a HealthEquity spokesperson said in an emailed statement. “We work to minimize these, communicate with our members about them and provide value that exceeds any administrative expenses. Accounts are closed for many reasons, and account holders are given notice in advance.”

The company added that it was reviewing the consumer bureau’s report and took “all feedback seriously.”

In a statement, HSA Bank said that “the closure fees are an offset to managing a complex transfer and liquidation process” and added that the fees “are disclosed to every consumer and impacts a very small percentage of account holders in any given year.” .

In some cases, transferring funds from one H.S.A. to another can take weeks, during which the original account continues to charge a monthly fee, the report said. It also cited consumer complaints about funds that were lost during the transfer from one bank to another.

The research firm Morningstar evaluated 10 H.S.A. plans in October using criteria like fees, interest on savings and investment choices. (The firm looked only at accounts available directly to individuals, rather than those offered through employers, so details may vary.) Fidelity Investments was the only provider rated “high” overall for both spending and investing. Its H.S.A. offered an interest rate on savings well above 2 percent, while its competitors paid less than 1 percent.

“That’s a big shortcoming,” said Greg Carlson, senior manager research analyst at Morningstar.

Here are some questions and answers about health accounts:

How can I best avoid having money left over in an F.S.A.?

Sara Taylor, senior director of employee spending accounts at the benefits consultant WTW, suggests taking a close look at your past medical expenses before deciding how much to contribute to your F.S.A. “It’s hard to do, for some people,” she said. But looking at your “explanation of benefits” for last year — the forms that describe what treatments you had and what share of the cost you owe — can help you come up with a reasonable number. Was last year an anomaly because you had major surgery? If so, you may want to contribute a lower amount. Many employers offer online tools to help you make an estimate.

It also helps to know what you can spend F.S.A. money on. That way, if you find yourself with a balance at the end of the year, you can use the money to buy eligible over-the-counter items like pain medication and even sunscreen. A helpful resource is the F.S.A. Store , which includes an online alphabetical list of eligible and ineligible items.

If I forfeit cash in my F.S.A. to my employer, have I wasted my money?

No one wants to give up funds, but workers can still come out ahead, compared with not contributing, because of the tax benefits of F.S.A. contributions, Mr. Spiegel said. Say a hypothetical worker with a 30 percent marginal tax rate (including federal, state, payroll and local taxes) contributes $1,500 to an F.S.A., realizing $450 in tax savings. If the worker forfeits less than $450 back to the employer, the worker will still have benefited from participating.

How much can I contribute to health accounts in 2024?

This year, an employee can contribute up to $3,200 in payroll deductions to an F.S.A. (Few contribute the maximum, however, possibly because of “inertia,” Mr. Spiegel said. The amount set aside tends to remain constant year to year, perhaps because employees aren’t aware the limit can change annually.) The average contribution in 2022 was just under $1,300.

For H.S.A.s, individuals can contribute up to $4,150 in 2024, and families can contribute up to $8,300. People 55 and older can contribute an extra $1,000. For 2025 , the limit for self-only coverage will rise to $4,300, and to $8,550 for family coverage.

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