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Should the Death Penalty Be Abolished?

In its last six months, the United States government has put 13 prisoners to death. Do you think capital punishment should end?

By Nicole Daniels

Students in U.S. high schools can get free digital access to The New York Times until Sept. 1, 2021.

In July, the United States carried out its first federal execution in 17 years. Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had in the previous six decades.

The death penalty has been abolished in 22 states and 106 countries, yet it is still legal at the federal level in the United States. Does your state or country allow the death penalty?

Do you believe governments should be allowed to execute people who have been convicted of crimes? Is it ever justified, such as for the most heinous crimes? Or are you universally opposed to capital punishment?

In “ ‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny ,” Adam Liptak writes about the recent federal executions:

In 2015, a few months before he died, Justice Antonin Scalia said he w o uld not be surprised if the Supreme Court did away with the death penalty. These days, after President Trump’s appointment of three justices, liberal members of the court have lost all hope of abolishing capital punishment. In the face of an extraordinary run of federal executions over the past six months, they have been left to wonder whether the court is prepared to play any role in capital cases beyond hastening executions. Until July, there had been no federal executions in 17 years . Since then, the Trump administration has executed 13 inmates, more than three times as many as the federal government had put to death in the previous six decades.

The article goes on to explain that Justice Stephen G. Breyer issued a dissent on Friday as the Supreme Court cleared the way for the last execution of the Trump era, complaining that it had not sufficiently resolved legal questions that inmates had asked. The article continues:

If Justice Breyer sounded rueful, it was because he had just a few years ago held out hope that the court would reconsider the constitutionality of capital punishment. He had set out his arguments in a major dissent in 2015 , one that must have been on Justice Scalia’s mind when he made his comments a few months later. Justice Breyer wrote in that 46-page dissent that he considered it “highly likely that the death penalty violates the Eighth Amendment,” which bars cruel and unusual punishments. He said that death row exonerations were frequent, that death sentences were imposed arbitrarily and that the capital justice system was marred by racial discrimination. Justice Breyer added that there was little reason to think that the death penalty deterred crime and that long delays between sentences and executions might themselves violate the Eighth Amendment. Most of the country did not use the death penalty, he said, and the United States was an international outlier in embracing it. Justice Ginsburg, who died in September, had joined the dissent. The two other liberals — Justices Sotomayor and Elena Kagan — were undoubtedly sympathetic. And Justice Anthony M. Kennedy, who held the decisive vote in many closely divided cases until his retirement in 2018, had written the majority opinions in several 5-to-4 decisions that imposed limits on the death penalty, including ones barring the execution of juvenile offenders and people convicted of crimes other than murder .

In the July Opinion essay “ The Death Penalty Can Ensure ‘Justice Is Being Done,’ ” Jeffrey A. Rosen, then acting deputy attorney general, makes a legal case for capital punishment:

The death penalty is a difficult issue for many Americans on moral, religious and policy grounds. But as a legal issue, it is straightforward. The United States Constitution expressly contemplates “capital” crimes, and Congress has authorized the death penalty for serious federal offenses since President George Washington signed the Crimes Act of 1790. The American people have repeatedly ratified that decision, including through the Federal Death Penalty Act of 1994 signed by President Bill Clinton, the federal execution of Timothy McVeigh under President George W. Bush and the decision by President Barack Obama’s Justice Department to seek the death penalty against the Boston Marathon bomber and Dylann Roof.

Students, read the entire article , then tell us:

Do you support the use of capital punishment? Or do you think it should be abolished? Why?

Do you think the death penalty serves a necessary purpose, like deterring crime, providing relief for victims’ families or imparting justice? Or is capital punishment “cruel and unusual” and therefore prohibited by the Constitution? Is it morally wrong?

Are there alternatives to the death penalty that you think would be more appropriate? For example, is life in prison without the possibility of parole a sufficient sentence? Or is that still too harsh? What about restorative justice , an approach that “considers harm done and strives for agreement from all concerned — the victims, the offender and the community — on making amends”? What other ideas do you have?

Vast racial disparities in the administration of the death penalty have been found. For example, Black people are overrepresented on death row, and a recent study found that “defendants convicted of killing white victims were executed at a rate 17 times greater than those convicted of killing Black victims.” Does this information change or reinforce your opinion of capital punishment? How so?

The Federal Death Penalty Act prohibits the government from executing an inmate who is mentally disabled; however, in the recent executions of Corey Johnson , Alfred Bourgeois and Lisa Montgomery , their defense teams, families and others argued that they had intellectual disabilities. What role do you think disability or trauma history should play in how someone is punished, or rehabilitated, after committing a crime?

How concerned should we be about wrongfully convicted people being executed? The Innocence Project has proved the innocence of 18 people on death row who were exonerated by DNA testing. Do you have worries about the fair application of the death penalty, or about the possibility of the criminal justice system executing an innocent person?

About Student Opinion

• Find all of our Student Opinion questions in this column . • Have an idea for a Student Opinion question? Tell us about it . • Learn more about how to use our free daily writing prompts for remote learning .

Students 13 and older in the United States and the United Kingdom, and 16 and older elsewhere, are invited to comment. All comments are moderated by the Learning Network staff, but please keep in mind that once your comment is accepted, it will be made public.

Nicole Daniels joined The Learning Network as a staff editor in 2019 after working in museum education, curriculum writing and bilingual education. More about Nicole Daniels

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What is the history of the death penalty in the US?

Death penalty statistics, including where capital punishment is legal or banned and demographics of people on death row

Updated on Thu, March 3, 2022 by the USAFacts Team

The US is one of the few countries where the death penalty is legal as a criminal punishment, but the number of states prohibiting the death penalty has grown. Six states outlawed capital punishment between 2010 to 2021. Other states stopped performing executions due to a governor’s order or a state Supreme Court ruling. The number of executions is also falling nationwide: after reaching a peak of 98 in 1999, executions declined in 16 of the following 22 years.

A set of Supreme Court cases from the 1970s determined the legality of American capital punishment. The 1972 Furman v. Georgia Supreme Court ruling effectively banned the death penalty by saying the methods used were a violation of the Eighth Amendment’s ban on cruel and unusual punishment.

The court’s decision led to procedural reforms for states and new Supreme Court rulings. In 1976, the court ruled that Georgia, Texas, and Florida had made suitable revisions to the death penalty, so it was no longer a cruel and unusual punishment. State-level executions resumed in 1977, while the federal government did not reestablish the death penalty until 1988.

Where is the death penalty legal?

As of 2022, the death penalty is legal in 30 states. Twenty states and Washington, DC ban the death penalty. Three states where executions are legal have a moratorium: California , Oregon , and Pennsylvania . As of 2022, there is also a moratorium on federal executions. Four other states can legally use the death penalty but have no prisoners on death row as of at least 2020; three of these converted all remaining death row inmates’ sentences to life sentences because of state supreme court rulings.

In 2021, Virginia became the first Southern state to ban capital punishment .

In total, the federal government and 26 states had prisoners on death row at the end of 2020.

Which states have conducted the most executions?

States use the death penalty more often than the federal government.

The Bureau of Justice Statistics reports that the federal government had 51 prisoners with death sentences in December 2020, executing 16 prisoners from 1977 to 2021: two in 2001, one in 2003, 10 in 2020, and three in 2021.

In contrast, states had 2,418 prisoners on death row at the end of 2020. Thirty-four states had 1,524 executions between 1977 and 2021.

Texas accounted for 38% of all executions from 1977 to 2021. Texas had three people executed in 2021, more than any other state and matching the number of executions by the federal government that year. There were 206 people on death row in Texas at the end of 2020.

California had 703 people on death row in 2020, more than any other state. However, it has executed 13 people since 1977. Its last execution was in 2006. California Gov. Gavin Newsom put a moratorium on capital punishment in March 2019.

How is the death penalty administered?

Lethal injection is the most common method of execution in the US; it is approved in all 30 states where capital punishment is legal. Electrocution is the second most common method, approved in eight states. Some states allow other methods, such as hanging or firing squad.

Until recently, only lethal injection was approved for federal executions. The Justice Department updated its guidelines in 2020 to allow federal executions by any method approved in the state in which the execution takes place. However, no federal executions have taken place by any method other than lethal injection since the rule change.

Complications from lethal injections have stopped some states from using capital punishment. In 2015, Oklahoma stopped executing death row inmates after problems with an execution where the inmate took 43 minutes to die and verbally expressed pain during the process. An autopsy as part of a state grand jury investigation revealed the state was using potassium acetate instead of the state-approved potassium chloride for lethal injections. The state resumed executions in 2021 using the approved chemical.

Arizona halted executions in 2014 after a lethal injection execution took 15 doses and almost two hours to complete.

Some pharmaceutical companies have prohibited using their drugs for executions, making it more difficult for states to get the medications needed to use lethal injection for executions.

Who goes to death row?

Death row prisoners are more likely to be Black compared to the total US population. In 2020, 41% of all death row inmates were Black compared to 13% of the nation. Black Americans are the only race category with a disproportionate number of death row inmates compared to the overall US population.

Hispanic ethnicity data was not reported for death row inmates in 2020.

Executed inmates are also more likely than the overall US population to be Black and not Hispanic. Demographic data on executed inmates includes Hispanic ethnicity but does not report it by racial group, so it’s not possible to make direct comparisons to death row race data.

There are also differences in educational attainment between the death row population and the total US population. About 47% of death row inmates in 2020 had completed 11th grade or less, compared to about 10% of the nation’s population.

In 2020, 98% of death row prisoners were male.

How do prisoners leave death row?

Not all death row prisoners are executed. Some inmates have their sentence commuted to a life sentence or have their conviction or sentence overturned by courts. Others sometimes die before their execution.

About 18% of those sentenced to death since 1977 were executed. Twenty-nine percent remained on death row at the end of 2020, while 53% left death row in some other way, such as dying before execution or by having a conviction overturned.

In 2020, 108 inmates left death row. About 16% were executed. Forty-two died before execution. About 42% had their conviction or sentence overturned.

The average number of years a prisoner spends on death row is increasing. From 1977 to 2021, the average time from sentence to execution was 12 years. That increased to 17 years from 2010 to 2019.

The average 2020 death row inmate had been on death row for 19 years.

Which crimes are punishable by death?

Murder can be a capital offense in every state where the death penalty is legal. Other crimes punishable by death vary by state. Twenty-nine out of 30 states allow for the death penalty for crimes only if there were aggravating factors such as previous violent felony convictions or whether someone died during a criminal act.

There are 41 federal capital offenses, 31 of which are specific types of murder. Three crimes that are capital offenses solely on the federal level are espionage, genocide, and civil rights offenses resulting in death.

About 68% of all death row inmates in 2020 had a prior felony conviction. Ten percent were previously convicted of homicide. Four in 10 were in the criminal justice system at the time of their capital offense; 6% were incarcerated or had escaped from incarceration, 27% were on probation or parole, and 8% had charges pending against them.

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Most americans favor the death penalty despite concerns about its administration, 78% say there is some risk of innocent people being put to death.

Pew Research Center conducted this study to better understand Americans’ views about the death penalty. For this analysis, we surveyed 5,109 U.S. adults from April 5 to 11, 2021. Everyone who took part in this survey is a member of the Center’s American Trends Panel (ATP), an online survey panel that is recruited through national, random sampling of residential addresses. This way nearly all U.S. adults have a chance of selection. The survey is weighted to be representative of the U.S. adult population by gender, race, ethnicity, partisan affiliation, education and other categories. Read more about the ATP’s methodology .

Here are the questions used for the report, along with responses, and its methodology .

The use of the death penalty is gradually disappearing in the United States. Last year, in part because of the coronavirus outbreak, fewer people were executed than in any year in nearly three decades .

Yet the death penalty for people convicted of murder continues to draw support from a majority of Americans despite widespread doubts about its administration, fairness and whether it deters serious crimes.

More Americans favor than oppose the death penalty: 60% of U.S. adults favor the death penalty for people convicted of murder, including 27% who strongly favor it. About four-in-ten (39%) oppose the death penalty, with 15% strongly opposed, according to a new Pew Research Center survey.

The survey, conducted April 5-11 among 5,109 U.S. adults on the Center’s American Trends Panel, finds that support for the death penalty is 5 percentage points lower than it was in August 2020, when 65% said they favored the death penalty for people convicted of murder.

While public support for the death penalty has changed only modestly in recent years, support for the death penalty declined substantially between the late 1990s and the 2010s. (See “Death penalty draws more Americans’ support online than in telephone surveys” for more on long-term measures and the challenge of comparing views across different survey modes.)

Large shares of Americans express concerns over how the death penalty is administered and are skeptical about whether it deters people from committing serious crimes.

Nearly eight-in-ten (78%) say there is some risk that an innocent person will be put to death, while only 21% think there are adequate safeguards in place to prevent that from happening. Only 30% of death penalty supporters – and just 6% of opponents – say adequate safeguards exist to prevent innocent people from being executed.

A majority of Americans (56%) say Black people are more likely than White people to be sentenced to the death penalty for being convicted of serious crimes. This view is particularly widespread among Black adults: 85% of Black adults say Black people are more likely than Whites to receive the death penalty for being convicted of similar crimes (61% of Hispanic adults and 49% of White adults say this).

Moreover, more than six-in-ten Americans (63%), including about half of death penalty supporters (48%), say the death penalty does not deter people from committing serious crimes.

Yet support for the death penalty is strongly associated with a belief that when someone commits murder, the death penalty is morally justified. Among the public overall, 64% say the death penalty is morally justified in cases of murder, while 33% say it is not justified. An overwhelming share of death penalty supporters (90%) say it is morally justified under such circumstances, compared with 25% of death penalty opponents.

The data in the most recent survey, collected from Pew Research Center’s online American Trends Panel (ATP) , finds that 60% of Americans favor the death penalty for persons convicted of murder. Over four ATP surveys conducted since September 2019, there have been relatively modest shifts in these views – from a low of 60% seen in the most recent survey to a high of 65% seen in September 2019 and August 2020.

In Pew Research Center phone surveys conducted between September 2019 and August 2020 (with field periods nearly identical to the online surveys), support for the death penalty was significantly lower: 55% favored the death penalty in September 2019, 53% in January 2020 and 52% in August 2020. The consistency of this difference points to substantial mode effects on this question. As a result, survey results from recent online surveys are not directly comparable with past years’ telephone survey trends. A post accompanying this report provides further detail and analysis of the mode differences seen on this question. And for more on mode effects and the transition from telephone surveys to online panel surveys, see “What our transition to online polling means for decades of phone survey trends” and “Trends are a cornerstone of public opinion research. How do we continue to track changes in public opinion when there’s a shift in survey mode?”

Partisanship continues to be a major factor in support for the death penalty and opinions about its administration. Just over three-quarters of Republicans and independents who lean toward the Republican Party (77%) say they favor the death penalty for persons convicted of murder, including 40% who strongly favor it.

Democrats and Democratic leaners are more divided on this issue: 46% favor the death penalty, while 53% are opposed. About a quarter of Democrats (23%) strongly oppose the death penalty, compared with 17% who strongly favor it.

Over the past two years, the share of Republicans who say they favor the death penalty for persons convicted of murder has decreased slightly – by 7 percentage points – while the share of Democrats who say this is essentially unchanged (46% today vs. 49% in 2019).

Republicans and Democrats also differ over whether the death penalty is morally justified, whether it acts as a deterrent to serious crime and whether adequate safeguards exist to ensure that no innocent person is put to death. Republicans are 29 percentage points more likely than Democrats to say the death penalty is morally justified, 28 points more likely to say it deters serious crimes, and 19 points more likely to say that adequate safeguards exist.

But the widest partisan divide – wider than differences in opinions about the death penalty itself – is over whether White people and Black people are equally likely to be sentenced to the death penalty for committing similar crimes.

About seven-in-ten Republicans (72%) say that White people and Black people are equally likely to be sentenced to death for the same types of crimes. Only 15% of Democrats say this. More than eight-in-ten Democrats (83%) instead say that Black people are more likely than White people to be sentenced to the death penalty for committing similar crimes.

Differing views of death penalty by race and ethnicity, education, ideology

There are wide ideological differences within both parties on this issue. Among Democrats, a 55% majority of conservatives and moderates favor the death penalty, a position held by just 36% of liberal Democrats (64% of liberal Democrats oppose the death penalty). A third of liberal Democrats strongly oppose the death penalty, compared with just 14% of conservatives and moderates.

While conservative Republicans are more likely to express support for the death penalty than moderate and liberal Republicans, clear majorities of both groups favor the death penalty (82% of conservative Republicans and 68% of moderate and liberal Republicans).

As in the past, support for the death penalty differs across racial and ethnic groups. Majorities of White (63%), Asian (63%) and Hispanic adults (56%) favor the death penalty for persons convicted of murder. Black adults are evenly divided: 49% favor the death penalty, while an identical share oppose it.

Support for the death penalty also varies across age groups. About half of those ages 18 to 29 (51%) favor the death penalty, compared with about six-in-ten adults ages 30 to 49 (58%) and those 65 and older (60%). Adults ages 50 to 64 are most supportive of the death penalty, with 69% in favor.

There are differences in attitudes by education, as well. Nearly seven-in-ten adults (68%) who have not attended college favor the death penalty, as do 63% of those who have some college experience but no degree.

About half of those with four-year undergraduate degrees but no postgraduate experience (49%) support the death penalty. Among those with postgraduate degrees, a larger share say they oppose (55%) than favor (44%) the death penalty.

The divide in support for the death penalty between those with and without college degrees is seen across racial and ethnic groups, though the size of this gap varies. A large majority of White adults without college degrees (72%) favor the death penalty, compared with about half (47%) of White adults who have degrees. Among Black adults, 53% of those without college degrees favor the death penalty, compared with 34% of those with college degrees. And while a majority of Hispanic adults without college degrees (58%) say they favor the death penalty, a smaller share (47%) of those with college degrees say this.

Intraparty differences in support for the death penalty

Republicans are consistently more likely than Democrats to favor the death penalty, though there are divisions within each party by age as well as by race and ethnicity.

Republicans ages 18 to 34 are less likely than other Republicans to say they favor the death penalty. Just over six-in-ten Republicans in this age group (64%) say this, compared with about eight-in-ten Republicans ages 35 and older.

Among Democrats, adults ages 50 to 64 are much more likely than adults in other age groups to favor the death penalty. A 58% majority of 50- to 64-year-old Democrats favor the death penalty, compared with 47% of those ages 35 to 49 and about four-in-ten Democrats who are 18 to 34 or 65 and older.

Overall, White adults are more likely to favor the death penalty than Black or Hispanic adults, while White and Asian American adults are equally likely to favor the death penalty. However, White Democrats are less likely to favor the death penalty than Black, Hispanic or Asian Democrats. About half of Hispanic (53%), Asian (53%) and Black (48%) Democrats favor the death penalty, compared with 42% of White Democrats.

About eight-in-ten White Republicans favor the death penalty, as do about seven-in-ten Hispanic Republicans (69%).

Differences by race and ethnicity, education over whether there are racial disparities in death penalty sentencing

There are substantial demographic differences in views of whether death sentencing is applied fairly across racial groups. While 85% of Black adults say Black people are more likely than White people to be sentenced to death for committing similar crimes, a narrower majority of Hispanic adults (61%) and about half of White adults (49%) say the same. People with four-year college degrees (68%) also are more likely than those who have not completed college (50%) to say that Black people and White people are treated differently when it comes to the death penalty.

About eight-in-ten Democrats (83%), including fully 94% of liberal Democrats and three-quarters of conservative and moderate Democrats, say Black people are more likely than White people to be sentenced to death for committing the same type of crime – a view shared by just 25% of Republicans (18% of conservative Republicans and 38% of moderate and liberal Republicans).

Across educational and racial or ethnic groups, majorities say that the death penalty does not deter serious crimes, although there are differences in how widely this view is held. About seven-in-ten (69%) of those with college degrees say this, as do about six-in-ten (59%) of those without college degrees. About seven-in-ten Black adults (72%) and narrower majorities of White (62%) and Hispanic (63%) adults say the same. Asian American adults are more divided, with half saying the death penalty deters serious crimes and a similar share (49%) saying it does not.

Among Republicans, a narrow majority of conservative Republicans (56%) say the death penalty does deter serious crimes, while a similar share of moderate and liberal Republicans (57%) say it does not.

A large majority of liberal Democrats (82%) and a smaller, though still substantial, majority of conservative and moderate Democrats (70%) say the death penalty does not deter serious crimes. But Democrats are divided over whether the death penalty is morally justified. A majority of conservative and moderate Democrats (57%) say that a death sentence is morally justified when someone commits a crime like murder, compared with fewer than half of liberal Democrats (44%).

There is widespread agreement on one topic related to the death penalty: Nearly eight-in-ten (78%) say that there is some risk an innocent person will be put to death, including large majorities among various racial or ethnic, educational, and even ideological groups. For example, about two-thirds of conservative Republicans (65%) say this – compared with 34% who say there are adequate safeguards to ensure that no innocent person will be executed – despite conservative Republicans expressing quite favorable attitudes toward the death penalty on other questions.

Overwhelming share of death penalty supporters say it is morally justified

Those who favor the death penalty consistently express more favorable attitudes regarding specific aspects of the death penalty than those who oppose it.

For instance, nine-in-ten of those who favor the death penalty also say that the death penalty is morally justified when someone commits a crime like murder. Just 25% of those who oppose the death penalty say it is morally justified.

This relationship holds among members of each party. Among Republicans and Republican leaners who favor the death penalty, 94% say it is morally justified; 86% of Democrats and Democratic leaners who favor the death penalty also say this.

By comparison, just 35% of Republicans and 21% of Democrats who oppose the death penalty say it is morally justified.

Similarly, those who favor the death penalty are more likely to say it deters people from committing serious crimes. Half of those who favor the death penalty say this, compared with 13% of those who oppose it. And even though large majorities of both groups say there is some risk an innocent person will be put to death, members of the public who favor the death penalty are 24 percentage points more likely to say that there are adequate safeguards to prevent this than Americans who oppose the death penalty.

On the question of whether Black people and White people are equally likely to be sentenced to death for committing similar crimes, partisanship is more strongly associated with these views than one’s overall support for the death penalty: Republicans who oppose the death penalty are more likely than Democrats who favor it to say White people and Black people are equally likely to be sentenced to death.

Among Republicans who favor the death penalty, 78% say that Black and White people are equally likely to receive this sentence. Among Republicans who oppose the death penalty, about half (53%) say this. However, just 26% of Democrats who favor the death penalty say that Black and White people are equally likely to receive this sentence, and only 6% of Democrats who oppose the death penalty say this.

CORRECTION (July 13, 2021): The following sentence was updated to reflect the correct timespan: “Last year, in part because of the coronavirus outbreak, fewer people were executed than in any year in nearly three decades.” The changes did not affect the report’s substantive findings.

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About Pew Research Center Pew Research Center is a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping the world. It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts .

5 Death Penalty Essays Everyone Should Know

Capital punishment is an ancient practice. It’s one that human rights defenders strongly oppose and consider as inhumane and cruel. In 2019, Amnesty International reported the lowest number of executions in about a decade. Most executions occurred in China, Iran, Saudi Arabia, Iraq, and Egypt . The United States is the only developed western country still using capital punishment. What does this say about the US? Here are five essays about the death penalty everyone should read:

“When We Kill”

By: Nicholas Kristof | From: The New York Times 2019

In this excellent essay, Pulitizer-winner Nicholas Kristof explains how he first became interested in the death penalty. He failed to write about a man on death row in Texas. The man, Cameron Todd Willingham, was executed in 2004. Later evidence showed that the crime he supposedly committed – lighting his house on fire and killing his three kids – was more likely an accident. In “When We Kill,” Kristof puts preconceived notions about the death penalty under the microscope. These include opinions such as only guilty people are executed, that those guilty people “deserve” to die, and the death penalty deters crime and saves money. Based on his investigations, Kristof concludes that they are all wrong.

Nicholas Kristof has been a Times columnist since 2001. He’s the winner of two Pulitizer Prices for his coverage of China and the Darfur genocide.

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

Willie Jasper Darden, Jr. was on death row for 14 years. In his essay, he opens with the line, “Ironically, there is probably more hope on death row than would be found in most other places.” He states that everyone is capable of murder, questioning if people who support capital punishment are just as guilty as the people they execute. Darden goes on to say that if every murderer was executed, there would be 20,000 killed per day. Instead, a person is put on death row for something like flawed wording in an appeal. Darden feels like he was picked at random, like someone who gets a terminal illness. This essay is important to read as it gives readers a deeper, more personal insight into death row.

Willie Jasper Darden, Jr. was sentenced to death in 1974 for murder. During his time on death row, he advocated for his innocence and pointed out problems with his trial, such as the jury pool that excluded black people. Despite worldwide support for Darden from public figures like the Pope, Darden was executed in 1988.

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

This piece is a transcript of Bryan Stevenson’s 2012 TED talk, but we feel it’s important to include because of Stevenson’s contributions to criminal justice. In the talk, Stevenson discusses the death penalty at several points. He points out that for years, we’ve been taught to ask the question, “Do people deserve to die for their crimes?” Stevenson brings up another question we should ask: “Do we deserve to kill?” He also describes the American death penalty system as defined by “error.” Somehow, society has been able to disconnect itself from this problem even as minorities are disproportionately executed in a country with a history of slavery.

Bryan Stevenson is a lawyer, founder of the Equal Justice Initiative, and author. He’s argued in courts, including the Supreme Court, on behalf of the poor, minorities, and children. A film based on his book Just Mercy was released in 2019 starring Michael B. Jordan and Jamie Foxx.

“I Know What It’s Like To Carry Out Executions”

By: S. Frank Thompson | From: The Atlantic 2019

In the death penalty debate, we often hear from the family of the victims and sometimes from those on death row. What about those responsible for facilitating an execution? In this opinion piece, a former superintendent from the Oregon State Penitentiary outlines his background. He carried out the only two executions in Oregon in the past 55 years, describing it as having a “profound and traumatic effect” on him. In his decades working as a correctional officer, he concluded that the death penalty is not working . The United States should not enact federal capital punishment.

Frank Thompson served as the superintendent of OSP from 1994-1998. Before that, he served in the military and law enforcement. When he first started at OSP, he supported the death penalty. He changed his mind when he observed the protocols firsthand and then had to conduct an execution.

“There Is No Such Thing As Closure on Death Row”

By: Paul Brown | From: The Marshall Project 2019

This essay is from Paul Brown, a death row inmate in Raleigh, North Carolina. He recalls the moment of his sentencing in a cold courtroom in August. The prosecutor used the term “closure” when justifying a death sentence. Who is this closure for? Brown theorizes that the prosecutors are getting closure as they end another case, but even then, the cases are just a way to further their careers. Is it for victims’ families? Brown is doubtful, as the death sentence is pursued even when the families don’t support it. There is no closure for Brown or his family as they wait for his execution. Vivid and deeply-personal, this essay is a must-read for anyone who wonders what it’s like inside the mind of a death row inmate.

Paul Brown has been on death row since 2000 for a double murder. He is a contributing writer to Prison Writers and shares essays on topics such as his childhood, his life as a prisoner, and more.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

The American Death Penalty and the (In)Visibility of Race

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Racial injustice has always cast a shadow over American criminal justice. In the context of capital punishment, racial disparities have been evident since colonial times. Black people have suffered not only disparate treatment as alleged perpetrators and victims of capital crimes under facially neutral capital statutes, but also explicit racial discrimination under antebellum capital statutes that varied in their application based on the racial status of victims and perpetrators. Following the Civil War, blacks suffered a lengthy era in which lynchings were common, followed by an era of so-called legal lynchings in the South, in which legal protections were minimal at best. Against this backdrop, it is unsurprising that the NAACP Legal Defense and Education Fund led the constitutional-litigation campaign against the death penalty in the 1960s and 1970s. What is surprising, however, is the Supreme Court’s avoidance of the race issue in its foundational constitutional cases. Despite the centrality of racial discrimination in litigants’ arguments, the Court consistently avoided direct engagement with the issue of racial discrimination in capital punishment. After surveying the centrality of race both to the history of capital punishment in America and to the litigants’ constitutional strategy, we document the Court’s strategies of avoidance. We then consider possible explanations for the Court’s silence and note some unanticipated consequences of the Court’s race-neutral approach to its constitutional regulation of capital punishment.

I would like to thank Professor Alison Siegler for introducing me to the law on joinder. This Comment would not exist without her guidance and support. I would also like to thank the talented editors of the Law Review for their helpful comments and suggestions.

A criminal defendant is charged with wire fraud in violation of 18 USC § 1343. As he and his defense attorney prepare for trial, the US Attorney’s Office notifies him that there is reason to believe he has previously committed bankruptcy fraud in violation of 18 USC § 152.

The author would like to thank Albertina Antognini, Annette Appell, Elizabeth Chambliss, Martin Guggenheim, Avni Gupta-Kagan, Clare Huntington, Cortney Lollar, Adrian Smith, Robin Walker-Sterling, and participants in a faculty workshop at the University of Kentucky College of Law and Duke Law School’s 2015 conference on civil rights, “The Present and Future of Civil Rights Movements: Race and Reform in 21st Century America,” for thoughtful comments on earlier drafts. The author would like to thank Joni Gerrity for excellent research assistance.

The author thanks James G. Hein, Jr and Richard H. McAdams for helpful comments. This Essay was written for a festschrift honoring Judge Frank H. Easterbrook’s twenty-five years on the Seventh Circuit.

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Essay: The Death Penalty in the United States

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Introduction

Throughout history, as the world started to evolve, many different forms of punishment have been created to discourage criminal acts. The death penalty is probably one of the oldest forms of sentences employed to deter crime. Its first legal allusions date back to the Code of Hammurabi in 1750 B.C. when twenty-five crimes, such as theft—but excluding murder—were penalized with what is considered today a maximum sentence. Moreover, far from only being mentioned in documents related to laws and crime, we can also find references about execution as a form of punishment in the old and new testaments of the bible, the most famous being the crucifixion of Jesus Christ (Schreiber, 1996).

Perhaps, there is not a country in the world that can be freed from using the death penalty . However, during the eighteen century, a movement to order the elimination of this sentences began with the publication of Cesare Beccaria’s essay “On Crime and Punishment,” in 1764 (Patrick, 1965). In the awake of the division of mindsets, the pros and cons started to surface, along with a considerable set of laws built to protect criminals from these sentences, which began to deteriorate following the public’s dilemma.

The United States, while being part of those countries that generated a series of laws around capital punishment, is not among the ones who have eliminated it altogether. While it is not used with the same frequency as centuries before, some crimes are still punished with these maximum sentences, continuing the controversy around ethical, philosophical, and religious values. But most importantly, fueling the debate around if this is an effective way to deter crime.

Capital Punishment in the United States

The earliest reported execution due to a criminal act in the United States transpired in 1622 in Virginia (Green, 2005, as cited in Marcus, 2007). In the early colonials days, twelve offenses, and in Pennsylvania’s case seventeen offenses, were subject to the death penalty (Bye, 1926). Through the years, the U.S. has employed various techniques to terminate an offender’s life. Starting with the traditional hanging and public shooting to moving forward with the employment of other methods such as electrocution, lethal gas, and the more recent poisonous injections (Marcus, 2007).

The first death by electrocution was performed in convicted murder William Kemmler at the Auburn Penitentiary in New York on August 6, 1890. The lethal gas proceeded the electric chair when abolitionists nominated the method the most humane execution making Gee Jon, a Chinese immigrant worker, the first person to die in this way on February 8, 1924. The most up-to-date technique used for execution is the lethal injection; this method gained favor between the 1970s and 1980s for being considered an easier and cleaner execution. The first to die in this manner was Charles Brooks on December 6, 1982, in Texas (Allen, Latessa, & Ponder, 2019)

Although nowadays the U.S.’ history of capital punishment is mostly analyzed as a whole—a general dilemma of the country—most of the sentences are imposed by the state criminal justice system, as opposed to the federal system. The reasoning behind this is because the circumstances in which the death penalty was imposed have changed. The number of offenses subject to the punishment has decreased, leaving only violent crimes that result in death. The majority of these violent crimes occur within the states and not within the federal system (Marcus, 2007).

A series of landmark cases were the reason behind the changes in the system. With the idea to follow the rights granted by the Constitution, more specifically, follow the Eighth Amendment law against cruel and unusual punishment, the Supreme Court decided to get involved in determining the constitutionality of capital punishment rules (Marcus, 2007). Starting in 1878, in Wilkerson v. Utah, when the court ruled that the case against Utah was not considered cruel in context with the time and therefore didn’t violate the Eighth Amendment. In 1890, with the case of In re Kemmler, 136 U.S. 436, the debate over cruel and unusual punishment sparkled again over the introduction of the electric chair (Allen, Latessa, & Ponder, 2019). The new law approved by the Laws of New York, enacted the punishment of death by the passing through the body sufficient electricity intensity to cause the convict’s death. However, the Supreme Court ruled that the statute was within the legitimate sphere of the legislative power of the State and that even though the method was unusual, it wasn’t unconstitutional (Fuller & Supreme Court of the U.S., 1889).

The next significant landmark case was in 1972, in Furman v. Georgia, when the Supreme Court pronounced the current practice of the death penalty as unconstitutional because it gave the jury too much liberty at the time of deciding whether an offender should be sentenced to death or life imprisonment . The court also found that the appliance of it notably affected those of lower social class and people of color (Marcus, 2007).

In 1976, Gregg v. Georgia, the Supreme Court ruled that as long as the jury was given the appropriated guidance as to the exercise of its discretion, the death penalty was not in violation of the Constitution, deeming it constitutional and it was restored once again. After this case, more cases regarding capital punishment emerged. Among those, three are particularly notable due to the significant changes to the sentence. First, there is the Atkins v. Virginia, in 2002 where the Supreme Court decided that the death penalty is no longer allowed to be imposed on offenders who are mentally retarded—followed by Roper v. Simmons, 2005, where the punishment was also terminated in cases where the criminals were below the age of eighteen at the time of the crime. And lastly, in 2008, Kennedy v. Louisiana, making it no longer allowed to use as a punishment in offenders where the crime did not result in the victim’s death (Sethuraju, Sole, & Oliver, 2016).

While the conditions in which the death penalty was imposed have changed, the practices remain legal in thirty-six states, including the District of Colombia. However, although criminal sentencing has become more severe, the condemn is rarely used, more probably due to the fact that it has been unsuccessful as a deterrent and instead has caused murders (Warden, 2009).

The Death Penalty and the Deterrence Viewpoint

Many of the supporters of the death penalty are advocates of the idea that a criminal—in the death penalty case, a murder—should be executed as a form of retribution for his or her crime; a life of imprisonment is not sufficient for this kind of crime that can only be repaid with another life. However, there are also those who are in support of the practices because of the idea of deterrence.

The deterrence viewpoint can be summed up in the belief that individuals refrain from crime because they are scared of the punishment—and because society fears death more than anything else, capital punishment serves as the most successful deterrent (Schuessler, 1952). In 1971, the Los Angeles Police Department proclaimed that a group of suspects detained for theft stated that to avoid homicide—and as a result avoid the death penalty—they had stopped carrying around any kind of deadly weapon while committing the crime. While the reports were not backed up by evidence, they are believed genuine (Lamperti, 2010).

Even so, the data shows that far from keeping crime at bay, in many cases, it has increased the homicide rates instead of preventing it. In 1983, Charles Walker, an alcoholic who was looking for money, crossed paths with Kevin Paule and his fiancé Sharon Winker. Walker decided not to miss the opportunity and chose to rob the couple. However, when Paule identified the theft, he decided to shot the couple to death (Warden, 2009). If the death penalty were able to deter homicides, Walker wouldn’t have shot the soon to be a married couple in such an unconcerned manner.

Starting in the twentieth century, many social scientists dedicated to the task of examining the general effects of deterrence in the death penalty. In the studies, they decided to analyze the homicides rates with and without capital punishment. The researchers found that the significance of the murder rates between the states was not significant. Furthermore, they also learned that the murder rates didn’t rise in the states that abolished the sentence or decline in those who reinstate the sanction (Walia, 2009).

With the findings provided through the years, proving that harsh punishment does not make a change in the criminal rates, the death sentence trending has started to deteriorate, giving way to life sentence and a life sentence without parole.

The Criminal Justice System and the Death Sentence

The history of the Death Penalty in the United States is mostly a web of proclaiming the practice a cruel and unusual punishment that violates the Constitution, to later on be restored again. The issues surrounding the practices have never ceased; due to this, the criminal justice system is in the position to expand or limit the laws. Some of the changes can vary from modifying the execution methods and procedures—the latest and most commonly used being the lethal injection with sixteen states having a secondary method in case the lethal injection is found to be unconstitutional—to adjusting the laws to comply with the litigation process as did California voters in November of 2016, when they passed Proposition 66, a proposal to facilitate the death penalty process (California Innocence Project, 2019).

The trends also maintain the never-ending habit of revoking the practice entirely due to the pressure imposed by those whose moral, ethical, and religious values reject the idea of retribution and believe that the method doesn’t work in deterring homicide. In recent years states like New Mexico, Illinois, Connecticut, Maryland, and New Hampshire have decided to find a less problematic solution, legislatively replacing the death penalty with a sentence of life imprisonment without the chance of parole (Ncsl.org, 2019). The latest has become the popular choice by the public, only forty-one percent of the population choose the death penalty over a sentence of life without parole when presented with the option (Death Penalty Information Center, 2019).

While there is much material about the death sentence history, methods, deterrence, and the controversy around the use of this punishment, not much has been addressed about how, over the years, these small modifications have affected the criminal justice as a whole. However, every time the laws regarding the death sentences change, the courts, corrections, and other agencies of the system are also impacted by the alterations.

With the establishment of laws in order to maintain control and peace among society, the civilization restored to the creation of the death punishment to make criminals pay for breaking the rules imposed. The United States was not one of the countries who looked for a different method of discipline. On the contrary, its history around the practice has been extensive, and the debates over the use of it still cause disturb among the citizens. Nonetheless, while the opinions over capital punishment are mixed, the latest findings have demonstrated that not only deterrence cannot be achieved through this method of penalty, or that the laws are in ever-ending changes, but also that society’s view has come a long way from the first execution in the U.S., giving hope for a future where retribution doesn’t involve a life for a life.

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The Great Divergence: The Death Penalty in the United States and the Failure of Abolition in Transatlantic Perspective

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Death Penalty Abolition, the Right to Life, and Necessity

• Published: 27 December 2022
• Volume 24 , pages 77–95, ( 2023 )

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One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this right-to-life argument emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the obligation to use nonlethal incapacitation (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground.

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Some may suggest gladiator contests, where the condemned could defend themselves, as a counterexample. Being sentenced to such combat was not a true death sentence, though. There were distinctions in ancient Rome between gladii poena (certain death by sword), summum supplicium (certain death by more cruel methods like being thrown to the beasts), and ludi damnatio (condemnation to gladiatorial games). The last penalty forced individuals into combat where death was possible but not assured (see Bauman 1996 : 14, 122). Furthermore, my description of capital punishment remains apt for present practices since gladiator combat is rightly seen as morally repugnant and not a realistic sentencing option today.

Bedau does not explicitly say that executing murderers is the only way to revive their victims, but context implies it. He writes: “taking life deliberately is not justified so long as there is any feasible alternative” (Bedau 1993 : 179).

Before Bedau, Justice Richard Maughan of the Utah Supreme Court expressed a similar idea: “Were there some way to restore the bereaved and wounded survivors, and the victims, to what was once theirs; there could then be justification for the capital sanction. Sadly, such is not available to us” (State v. Pierre 1977 : 1359). This remark is mentioned by Barry ( 2017 : 540).

That claim is questionable in the US, where most death sentences are overturned (Baumgartner and Dietrich 2015 ) and executions that do occur usually take place close to two decades after conviction (Bureau of Justice Statistics 2021 : 2). I grant this claim, though, for the sake of argument.

E.g., Thomas Creech who killed a fellow inmate after receiving life sentences for murder in Idaho (Boone 2020 ).

E.g., Clarence Ray Allen who while serving a life sentence for murder in California conspired with a recently released inmate to murder witnesses from his previous case (Egelko and Finz  2006 ).

E.g., Jeffrey Landrigan who escaped from an Oklahoma prison where he was serving a sentence for murder and went on to commit another murder in Arizona (Schwartz 2010 ).

E.g., Kenneth McDuff who was sentenced to death, had his sentences commuted to life following Furman v. Georgia ( 1972 ), and was eventually paroled, after which he murdered multiple people in Texas (Cartwright 1992 ). I thank an anonymous reviewer for suggesting the examples in footnotes 5–8.

These critics include those who grant retribution as a valid rationale for punishment but still reject it as a justification for the death penalty (see Brooks 2004 ).

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Essays About the Death Penalty: Top 5 Examples and Prompts

The death penalty is a major point of contention all around the world. Read our guide so you can write well-informed essays about the death penalty. 

Out of all the issues at the forefront of public discourse today, few are as hotly debated as the death penalty. As its name suggests, the death penalty involves the execution of a criminal as punishment for their transgressions. The death penalty has always been, and continues to be, an emotionally and politically charged essay topic.

Arguments about the death penalty are more motivated by feelings and emotions; many proponents are people seeking punishment for the killers of their loved ones, while many opponents are mourning the loss of loved ones executed through the death penalty. There may also be a religious aspect to support and oppose the policy. 

1. The Issues of Death Penalties and Social Justice in The United States (Author Unknown)

2. serving justice with death penalty by rogelio elliott, 3. can you be christian and support the death penalty by matthew schmalz, 4.  death penalty: persuasive essay by jerome glover, 5. the death penalty by kamala harris, top 5 writing prompts on essays about the death penalty, 1. death penalty: do you support or oppose it, 2. how has the death penalty changed throughout history, 3. the status of capital punishment in your country, 4. death penalty and poverty, 5. does the death penalty serve as a deterrent for serious crimes, 6. what are the pros and cons of the death penalty vs. life imprisonment , 7. how is the death penalty different in japan vs. the usa, 8. why do some states use the death penalty and not others, 9. what are the most common punishments selected by prisoners for execution, 10. should the public be allowed to view an execution, 11. discuss the challenges faced by the judicial system in obtaining lethal injection doses, 12. should the death penalty be used for juveniles, 13. does the death penalty have a racial bias to it.

“Executing another person only creates a cycle of vengeance and death where if all of the rationalities and political structures are dropped, the facts presented at the end of the day is that a man is killed because he killed another man, so when does it end? Human life is to be respected and appreciated, not thrown away as if it holds no meaningful value.”

This essay discusses several reasons to oppose the death penalty in the United States. First, the author cites the Constitution and the Bill of Rights, saying that the death penalty is inhumane and deprives people of life. Human life should be respected, and death should not be responded to with another death. In addition, the author cites evidence showing that the death penalty does not deter crime nor gives closure to victims’ families. 

Check out these essays about police brutality .

“Capital punishment follows the constitution and does not break any of the amendments. Specific people deserve to be punished in this way for the crime they commit. It might immoral to people but that is not the point of the death penalty. The death penalty is not “killing for fun”. The death penalty serves justice. When justice is served, it prevents other people from becoming the next serial killer. It’s simple, the death penalty strikes fear.”

Elliott supports the death penalty, writing that it gives criminals what they deserve. After all, those who commit “small” offenses will not be executed anyway. In addition, it reinforces the idea that justice comes to wrongdoers. Finally, he states that the death penalty is constitutional and is supported by many Americans.

“The letter states that this development of Catholic doctrine is consistent with the thought of the two previous popes: St. Pope John Paul II and Benedict XVI. St. John Paul II maintained that capital punishment should be reserved only for “absolute necessity.” Benedict XVI also supported efforts to eliminate the death penalty. Most important, however, is that Pope Francis is emphasizing an ethic of forgiveness. The Pope has argued that social justice applies to all citizens. He also believes that those who harm society should make amends through acts that affirm life, not death.”

Schmalz discusses the Catholic position on the death penalty. Many early Catholic leaders believed that the death penalty was justified; however, Pope Francis writes that “modern methods of imprisonment effectively protect society from criminals,” and executions are unnecessary. Therefore, the Catholic Church today opposes the death penalty and strives to protect life.

“There are many methods of execution, like electrocution, gas chamber, hanging, firing squad and lethal injection. For me, I just watched once on TV, but it’s enough to bring me nightmares. We only live once and we will lose anything we once had without life. Life is precious and can’t just be taken away that easily. In my opinion, I think Canada shouldn’t adopt the death penalty as its most severe form of criminal punishment.”

Glover’s essay acknowledges reasons why people might support the death penalty; however, he believes that these are not enough for him to support it. He believes capital punishment is inhumane and should not be implemented in Canada. It deprives people of a second chance and does not teach wrongdoers much of a lesson. In addition, it is inhumane and deprives people of their right to life. 

“Let’s be clear: as a former prosecutor, I absolutely and strongly believe there should be serious and swift consequences when one person kills another. I am unequivocal in that belief. We can — and we should — always pursue justice in the name of victims and give dignity to the families that grieve. But in our democracy, a death sentence carried out by the government does not constitute justice for those who have been put to death and proven innocent after the fact.”

This short essay was written by the then-presidential candidate and current U.S. Vice President Kamala Harris to explain her campaign’s stance on the death penalty. First, she believes it does not execute justice and is likely to commit injustice by sentencing innocent people to death. In addition, it is said to disproportionally affect nonwhite people. Finally, it is more fiscally responsible for abolishing capital punishment, as it uses funds that could be used for education and healthcare. 

This topic always comes first to mind when thinking of what to write. For a strong argumentative essay, consider the death penalty and list its pros and cons. Then, conclude whether or not it would be beneficial to reinstate or keep the policy. There is an abundance of sources you can gather inspiration from, including the essay examples listed above and countless other online sources.

People have been put to death as a punishment since the dawn of recorded history, but as morals and technology have changed, the application of the death penalty has evolved. This essay will explore how the death penalty has been used and carried out throughout history.

This essay will examine both execution methods and when capital punishment is ordered. A few points to explore in this essay include:

• Thousands of years ago, “an eye for an eye” was the standard. How were executions carried out in ancient history?
• The religious context of executions during the middle ages is worth exploring. When was someone burned at the stake?
• The guillotine became a popular method of execution during the renaissance period. How does this method compare to both ancient execution methods and modern methods?
• The most common execution methods in the modern era include the firing squad, hanging, lethal injections, gas chambers, and electrocution. How do these methods compare to older forms of execution?

Choose a country, preferably your home country, and look into the death penalty status: is it being implemented or not? If you wish, you can also give a brief history of the death penalty in your chosen country and your thoughts. You do not necessarily need to write about your own country; however, picking your homeland may provide better insight. 

Critics of the death penalty argue that it is anti-poor, as a poor person accused of a crime punishable by death lacks the resources to hire a good lawyer to defend them adequately. For your essay, reflect on this issue and write about your thoughts. Is it inhumane for the poor? After all, poor people will not have sufficient resources to hire good lawyers, regardless of the punishment. 

This is one of the biggest debates in the justice system. While the justice system has been set up to punish, it should also deter people from committing crimes. Does the death penalty do an adequate job at deterring crimes? 

This essay should lay out the evidence that shows how the death penalty either does or does not deter crime. A few points to explore in this essay include:

• Which crimes have the death penalty as the ultimate punishment?
• How does the murder rate compare to states that do not have the death penalty in states with the death penalty?
• Are there confounding factors that must be taken into consideration with this comparison? How do they play a role?

This is one of the most straightforward ways to explore the death penalty. If the death penalty is to be removed from criminal cases, it must be replaced with something else. The most logical alternative is life imprisonment. 

There is no “right” answer to this question, but a strong argumentative essay could take one side over another in this death penalty debate. A few points to explore in this essay include:

• Some people would rather be put to death instead of imprisoned in a cell for life. Should people have the right to decide which punishment they accept?
• What is the cost of the death penalty versus imprisoning someone for life? Even though it can be expensive to imprison someone for life, remember that most death penalty cases are appealed numerous times before execution.
• Would the death penalty be more acceptable if specific execution methods were used instead of others?

Few first-world countries still use the death penalty. However, Japan and the United States are two of the biggest users of the death sentence.

This is an interesting compare and contrast essay worth exploring. In addition, this essay can explore the differences in how executions are carried out. Some of the points to explore include:

• What are the execution methods countries use? The execution method in the United States can vary from state to state, but Japan typically uses hanging. Is this considered a cruel and unusual punishment?
• In the United States, death row inmates know their execution date. In Japan, they do not. So which is better for the prisoner?
• How does the public in the United States feel about the death penalty versus public opinion in Japan? Should this influence when, how, and if executions are carried out in the respective countries?

In the United States, justice is typically administered at the state level unless a federal crime has been committed. So why do some states have the death penalty and not others?

This essay will examine which states have the death penalty and make the most use of this form of punishment as part of the legal system. A few points worth exploring in this essay include:

• When did various states outlaw the death penalty (if they do not use it today)?
• Which states execute the most prisoners? Some states to mention are Texas and Oklahoma.
• Do the states that have the death penalty differ in when the death penalty is administered?
• Is this sentence handed down by the court system or by the juries trying the individual cases in states with the death penalty?

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Numerous states allow prisoners to select how they will be executed. The most common methods include lethal injections, firing squads, electric chairs, gas chambers, and hanging. 

It might be interesting to see if certain prisoners have selected a specific execution method to make a political statement. Some of the points this essay might explore include:

• When did these different execution methods become options for execution?
• Which execution methods are the most common in the various states that offer them?
• Is one method considered more “humane” than others? If so, why?

One of the topics recently discussed is whether the public should be allowed to view an execution.

There are many potential directions to go with this essay, and all of these points are worth exploring. A few topics to explore in this essay include:

• In the past, executions were carried out in public places. There are a few countries, particularly in the Middle East, where this is still the case. So why were executions carried out in public?
• In some situations, individuals directly involved in the case, such as the victim’s loved ones, are permitted to view the execution. Does this bring a sense of closure?
• Should executions be carried out in private? Does this reduce transparency in the justice system?

Lethal injection is one of the most common modes of execution. The goal is to put the person to sleep and remove their pain. Then, a cocktail is used to stop their heart. Unfortunately, many companies have refused to provide states with the drugs needed for a lethal injection. A few points to explore include:

• Doctors and pharmacists have said it is against the oath they took to “not harm.” Is this true? What impact does this have?
• If someone is giving the injection without medical training, how does this impact the prisoner?
• Have states decided to use other more “harmful” modes of execution because they can’t get what they need for the lethal injection?

There are certain crimes, such as murder, where the death penalty is a possible punishment across the country. Even though minors can be tried as adults in some situations, they typically cannot be given the death penalty.

It might be interesting to see what legal experts and victims of juvenile capital crimes say about this important topic. A few points to explore include:

• How does the brain change and evolve as someone grows?
• Do juveniles have a higher rate of rehabilitation than adults?
• Should the wishes of the victim’s family play a role in the final decision?

The justice system, and its unjust impact on minorities , have been a major area of research during the past few decades. It might be worth exploring if the death penalty is disproportionately used in cases involving minorities. 

It might be worth looking at numbers from Amnesty International or the Innocence Project to see what the numbers show. A strong essay might also propose ways to make justice system cases more equitable and fair. A few points worth exploring include:

• Of the cases where the death penalty has been levied, what percentage of the cases involve a minority perpetrator?
• Do stays of execution get granted more often in cases involving white people versus minorities?
• Do white people get handed a sentence of life in prison without parole more often than people of minority descent?

If you’d like to learn more, our writer explains how to write an argumentative essay in this guide.

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Capital Punishment and the Death Penalty Essay

Criminal law and procedure, historical development of criminal law, difference between legal and social parameters in criminal law, elements of a crime.

In most nations, there are two or three sorts of courts that have authority over criminal cases. A single expert judge typically handles petty offenses, but two or more lay justices in England may sit in a Magistrates’ Court. In many nations, more severe cases are heard by panels of two or more judges (Lee, 2022). Such panels are frequently made up of attorneys and lay magistrates, as in Germany, where two laypeople sit alongside one to three jurists. The French cour d’assises comprises three professional judges and nine lay assessors who hear severe criminal cases. Such mixed courts of professionals and ordinary residents convene and make decisions by majority voting, with lawyers and laypeople having one vote.

The United States Constitution permits every defendant in a non-petty matter the right to be prosecuted before a jury; the defendant may forgo this privilege and have the decision decided by a professional court judge. To guarantee the court’s fairness, the defense and prosecution can dismiss or challenge members whom they prove to be prejudiced (Lee, 2022). Furthermore, the defense and, in the United States, the prosecution has the right of vexatious challenge, which allows it to confront several participants without providing a reason.

One of the most primitive texts illustrating European illegitimate law appeared after 1066, when William the Conqueror, Duke of Normandy, conquered England. By the eighteenth century, European law addressed criminal behavior specifically, and the idea of trying lawbreakers in a courtroom context began to transpire (Zalewski, 2019). The English administration recognized a scheme referred to as common law, which is the method through which regulations that regulate a group of people are established and updated. Corporate law relates to public and illegal cases and is grounded on the establishment, adjustment, and expansion of laws by adjudicators as they make permissible judgments. These decisions become standards, prompting the consequences of impending cases.

Misdemeanors, offences, and sedition are the three types of unlawful offenses presented before the courts. Misdemeanors are petty infringements decided by penalties or confiscation of property; some are penalized by less than a year in prison. Offences are meaningfully more heinous felonies with heavier consequences, such as incarceration in a federal or state prison for a year or more. Treason is characterized as anything that breaches the country’s allegiance. Felonious law changes and is often susceptible to modification based on the ethics and standards of the period.

Parameters are values with changing attributes, principles, or dimensions that may be defined and monitored. A parameter is usually picked from a data set because it is critical to understanding the situation. A parameter aids in comprehending a situation, whereas a parameter defines the situation’s bounds (Doorn et al., 2018). The critical concept of the Legal parameter is that behaviors are restricted by unspoken criteria of deviance that are agreeable to both the controlled and those that govern them. Impartiality, fairness, and morality are all ideals conveyed by social justice, and they all have their origins in the overarching concept of law (Doorn et al., 2018). From a social standpoint, it involves various topics such as abortion, cremation, bio-genetics, human decency, racial justice, worker’s rights, economic freedom, and environmental concerns.

All crimes in the United States may be subdivided into distinct aspects under criminal law. These components of an offense must then be established beyond possible suspicion in a court of law to convict the offender (Ormerod & Laird, 2021). Many delinquencies need the manifestation of three crucial rudiments: a criminal act, criminal intent, and the concurrence of the initial two. Depending on the offense, a fourth factor called causality may be present.

First is the criminal act (Actus Reus): actus reus, which translates as “guilty act,” refers to any criminal act of an act that occurs. To be considered an unlawful act, an act must be intentional and controlled by the defendant (Ormerod & Laird, 2021). If an accused act on nature, they may not be held responsible for their conduct. Words can be deemed illegal activities and result in accusations such as perjury, verbal harassment, conspiracy, or incitement. On the contrary, concepts are not considered illegal acts but might add to the second component: intent.

Second is crime intent (Mens Rea): for a felonious offense to be categorized as a misconduct, the culprit’s mental circumstance must be reflected. According to the code of mens rea, a suspect can only be considered remorseful if there is felonious intent (Ormerod & Laird, 2021). Third is concurrence, which refers to the coexistence of intent to commit a crime and illicit behavior. If there is proof that the mens rea preceded or happened simultaneously with the actus reus, the burden of proving it is met. Fourth is causation: this fourth ingredient of an offense is present in most criminal cases, but not all. The link concerning the defendant’s act and the final consequence is called causation. The trial must establish outside a possible suspicion that the perpetrator’s acts triggered the resultant criminality, which is usually detriment or damage.

The risk of executing an innocent man cannot be entirely removed despite precautions and protection to prevent capital punishment. If the death penalty was replaced with a statement of life imprisonment, the money saved as a result of abolishing capital punishment may be spent in community development programs. The harshness of the penalty is not as efficient as the guarantee that the penalty will be given in discouraging crime. In other terms, if the penalty dissuades crime, there is no incentive to prefer the stiffer sentence.

Doorn, N., Gardoni, P., & Murphy, C. (2018). A multidisciplinary definition and evaluation of resilience: The role of social justice in defining resilience . Sustainable and Resilient Infrastructure , 4 (3), pp. 112–123. Web.

Lee, S.-O. (2022). Analysis of the major criminal procedure cases in 2021 . The Korean Association of Criminal Procedure Law , 14 (1), pp. 139–198. Web.

Ormerod, D., & Laird, K. (2021). 2. The elements of a crime: Actus reus . Smith, Hogan, and Ormerod’s Criminal Law , pp 26–87. Web.

Rancourt, M. A., Ouellet, C., & Dufresne, Y. (2020). Is the death penalty debate really dead? contrasting capital punishment support in Canada and the United States . Analyses of Social Issues and Public Policy , 20 (1), 536–562. Web.

Stetler, R. (2020). The history of mitigation in death penalty cases . Social Work, Criminal Justice, and the Death Penalty , pp. 34–45. Web.

Wheeler, C. H. (2018). Rights in conflict: The clash between abolishing the death penalty and delivering justice to the victims . International Criminal Law Review , 18 (2), 354–375. Web.

Zalewski, W. (2019). Double-track system in Polish criminal law. Political and criminal assumptions, history, contemporary references . Acta Poloniae Historica , 118 , pp 39. Web.

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IvyPanda. (2023, December 17). Capital Punishment and the Death Penalty. https://ivypanda.com/essays/capital-punishment-and-the-death-penalty/

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Rise in US executions masks deep divide between states on use of death penalty

Some of the 27 states that have the death penalty have not executed anyone in years but others still do – and the divide is rooted in history

The execution of Brian Dorsey in Missouri on Tuesday, despite an extraordinary campaign asking for his sentence to be commuted , brought into focus the issue of the death penalty in the US – one of the few countries in the western world that still uses corporal punishment.

Dorsey, 52, was executed for the 2006 murders of his cousin and her husband, after the number of people executed in the US rose to 24 in 2023, from 18 in 2022.

The numbers do little, however, to illustrate how unevenly the death penalty is applied in the country: and the growing opposition to capital punishment among Americans.

“It is an act of state violence that we’re using as a punishment,” said Elyse Max, co-director of Missourians to Abolish the Death Penalty .

“We learn in kindergarten that if you get hit, you don’t hit back. You tell someone. And it’s kind of that basic philosophy of you cannot solve violence with more violence.”

Twenty people were executed in five states in 2023: Missouri , Oklahoma, Florida, Texas and Alabama. Seven states sentenced people to death: Alabama, Arizona, California, Florida, Louisiana, North Carolina and Texas.

But states are deeply divided over whether they execute people convicted of crimes. The death penalty has been abolished in 23 states, and in the District of Colombia and Puerto Rico. Some of the 27 states that still have the death penalty have not executed anyone for years.

Others, like Texas and Florida, where the rightwing governor, Ron DeSantis, signed a law last year which made it easier for juries to recommend a death sentence, have been responsible for a disproportionate amount of executions in recent years.

Max said the divide has a base in history.

“Missouri is considered the state outside of the south that had the most racial terror lynchings. We can even look and drill down into specific counties in Missouri that are high use death penalty counties, those are counties that had the most racial terror lynchings,” she said.

“And so you see this culture of fear, this culture of hate that’s embedded in certain parts and areas. And that’s how you end up with these types of sentencing.

“Kansas [which neighbors Missouri] was not a slave state: they haven’t executed in 10 years. Missouri was a slave state, and I think some of that is still lingering in our criminal justice system, certainly in our policing and in other systems that were spawned from that time period.”

Even within the 27 states that still have capital punishment, “the death penalty is really local in its application”, said Robin Maher, executive director of the Death Penalty Information Center , a non-profit organization which researches the death penalty but does not take a position on capital punishment itself.

“Where the death penalty is being used is just in a small number of jurisdictions, where it has been culturally used for a good many years, and where we have elected officials who are making those decisions, not the American public,” Maher said.

There is evidence that Americans’ opinions on the death penalty are changing. A Gallup poll in late 2023 found that 53% of Americans favor the death penalty for a person convicted of murder compared to more than 70% in the 1990s. (In the 2023 Gallup poll 44% were opposed to the death penalty for murder, and 2% had no opinion.)

Prosecutors – who have the ability to push for the death penalty – are elected to their positions, so in some counties may see a benefit in saying they will pursue execution in certain cases.

The same can happen higher up the chain. State governors have the ability to commute death sentences or award clemency, but in Missouri, Mike Parson, the state’s governor, has shown a particular zeal for the death penalty: the state has executed 10 people during his tenure.

Dorsey’s current lawyers have said he was poorly represented in his original case, owing to the public defender system which was in place at Missouri at the time. That system paid Dorsey’s attorneys a flat fee for his representation, which advocates said meant less time was spent on his case.

Dorsey shot his cousin Sarah Bonnie, and her husband to death in 2006 – lawyers later argued that he lacked the intent necessary to be guilty of first-degree murder, which is punishable by death, as he was under a drug-induced psychosis at the time. Parson declined to commute Dorsey’s sentence, despite a petition for clemency from more than 70 correctional officers.

“It should be really very disturbing that we nonetheless executed this, despite understanding fully that he did not get adequate or competent, legal representation at trial,” Maher said.

Despite some improvements in recent years, the amount of money state counties provide for public defense lawyers has been historically underfunded, Maher said.

“We’ve had flat fees, we have had some counties put out contracts for the lowest bid and award all of their defense work to the lowest bidder, [which means] you will almost be guaranteed to get terrible representation with that sort of contract.”

There is also huge racial disparity among those sentenced to death. Since 1976, 34% of the people executed in the US have been Black , despite Black people making up 13.4% of the US population , according to DPIC figures.

As of January 2023, there were 2331 people on death row in the US, according to the NAACP Legal Defense Fund . About 41.9% of those were White, and 41.2% were Black.

Committing a crime against a white person is far more likely to draw a death sentence compared to crimes where the victim is a person of color. In 2023, 79% of the people executed had been found guilty of crimes involving white victims.

Between 1976 and 2022, DPIC reported, there have been 2104 victims in cases which led to the death penalty. About 82% of the victims in those cases were white, 9% were Black, and 7.5% were Latino (2% were identified as other races, according to DPIC).

“So many of these decisions are made by prosecutors who may consciously or unconsciously bring their own biases,” Maher said.

“It’s pervasive, it’s through the entire system. We also know that, you know, because of the way the juries are selected in death penalty cases, many people of color are excluded from juries. And we know that that has an effect on how juries deliberate and how they view defendants of color.”

Over the past decades, states that do practice the death penalty have encountered increasing difficulty in acquiring drugs used in the lethal injection process, amid a boycott by pharmaceutical companies. It has led to experimentation with novel execution methods, with three states authorizing the use of nitrogen gas to execute people.

Alabama was the first to use nitrogen gas, when the state killed Kenneth Smith in January . Despite Alabama claiming the method was “perhaps the most humane method of execution ever devised”, the Montgomery Advertiser reported that after the nitrogen was administered “Smith writhed and convulsed on the gurney. He took deep breaths, his body shaking violently with his eyes rolling in the back of his head.”

Since Smith was executed, three of the largest manufacturers of medical-grade nitrogen gas in the US have barred their products from being used in executions.

The death penalty has not been used in the UK since 1964, while France last used it in 1977, and formally abolished it in 1981 . It has been abolished within the European Union , and in all European countries apart from Russia – which has a moratorium in place and has not killed anyone since 1999 – and Belarus.

The decline in support for the death penalty, has given hope to advocates who believe the US should follow the more than 140 countries that have abolished the practice.

“I think if the current trends are any indication, and the historical data are any indication, the use of the death penalty will continue to decline,” Maher said.

“The public understands that the death penalty is enormously expensive, that it doesn’t provide any deterrent value, and that it doesn’t keep them any safer.”

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Capital Punishment: Supporting The Death Penalty in The Us

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Words: 1412 |

Published: Mar 18, 2021

Words: 1412 | Pages: 3 | 8 min read

• Bright, Stephen B. “Why the United States Will Join the Rest of the World in Abandoning Capital Punishment.” Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case. Ed. Hugo Adam Bedau and Paul G. Cassel. New York: Oxford University Press, 2004. 152-182. Print.
• Cole, George F., and Christopher E. Smith. Criminal Justice in America. 7th ed. Belmont, CA: Wadsworth Cengage Learning, 2014. Print. Hall, Charlene. 'Methods of Execution.' Pro-death Penalty. N.p., 2014. Web. 1 Dec. 2014.
• Henrichson, Christian, and Ruth Delaney. 'The Price of Prisons: What Incarceration Costs Taxpayers.' Center on Sentencing and Corrections 20 July 2012: 9. Vera Institute of Justice, 2012. Pdf. 1 Dec. 2014.
• Koch, Edward I. “Death and Justice.” Redwoods.edu. N.p.: 1-3. N.d. Pdf. 9 Dec. 2014. Matthew. Holy Bible, New International Version. Colorado Springs: Biblica, 2011. BibleGateway.com. Web. 1 Dec. 2014.
• United States of America. Congress. The Declaration of Independence. Philadelphia: n.p., 1776. Ushistory.org. Independence Hall Association, 4 July 1995. Web. 1 Dec. 2014.
• Westmoreland-White, Michael L., and Glen H. Stassen. “Biblical Perspectives on the Death Penalty.” Religion and the Death Penalty: A Call for Reckoning. Ed. Erik C. Owens, John D. Carlson, and Eric P. Elshtain. Grand Rapids: Wm. B. Eerdmans Publishing Co., 2004. 123-138. Print.

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Ohio’s Attorney General’s Report Describes Death Penalty as ​ “ Enormously Expensive” and ​ “ Broken” in 2023 Capital Crimes Report

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Posted on Apr 08, 2024

Time on Death Row

“At a time when faith in society’s institutions is at an all-time low, the failure of the capital-punishment system could be Exhibit A,” concludes the annual Capital Crimes Report issued by by Ohio Attorney General Dave Yost. The Report highlights numerous problems with its “broken” capital punishment system, including the “enormously expensive” cost.  

The Ohio Legislative Service Commission has estimated that the cost of capital cases range from $1 to $3 million per case based on a collection of quantitative and qualitative studies in other states. “If these estimates apply to Ohio, then the extra cost of imposing the death penalty 121 times on the 119 people currently on Death Row might range from $121 million to $363 million,” notes the Report. “[I]t’s a stunning amount of money to spend on a program that doesn’t achieve its purpose.”  

Of the 341 death sentences imposed on 336 prisoners from the state’s enactment of the death penalty in 1981 through the end of 2023, only one of every six sentences, or 56 executions, have been carried out. The Report notes that “87 death sentences have been removed by judicial action resulting in resentencing or release.” Twenty-one prisoners have had their sentences commuted. Forty prisoners have died of natural causes or suicide, which the Report notes are more likely causes of death than execution. Nine prisoners with intellectual disabilities were removed from death row after the Supreme Court held that executing people with intellectual disabilities was unconstitutional in Atkins v. Virginia (2002). Under Ohio’s 2021 law barring the death penalty for individuals with severe mental illness – only one of two states with such legislation – six people have been removed from death row and another 35 petitions are currently pending review.  As of December 31, 2023, 119 people with 121 death sentences remain on Ohio’s death row, nine fewer people than 2022 . As of April 1, 2024, prisoners spent an average of 7805 days or 21 years on Ohio’s death row – a number that has consistently increased with each year. Prisoners are an average of 55.5 years old today and were an average of 34 years old at their time of sentencing (figures used the most current resentencing). Due to difficulty obtaining lethal injection drugs, the state has not carried out executions since 2018, at which time the average time spent on death row was 6,280 days or 17.19 years. Currently, there is a bill in the state legislature proposing the authorization of nitrogen gas in executions, described by AG Yost as a way to “kickstart” executions. The report identifies eight cases in which an execution date could be filed. 

2023 Ohio Capital Crimes Report

Jan 31, 2024

Examining the Implications of Uncontested Prosecutor Elections in Ohio

Jan 12, 2024

State Legislative Roundup: New Legislation on the Death Penalty

Nov 22, 2023

NEW RESOURCE : Bureau of Justice Statistics Reports 2021 Showed 21 st Consecutive Year of Death Row Population Decline

Tennessee Senate advances bill to allow death penalty for child rape

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Tennessee’s GOP-controlled Senate advanced legislation on Tuesday allowing the death penalty in child rape convictions as critics raised concerns that the U.S. Supreme Court has banned capital punishment in such cases.

Republicans approved the bill on a 24-5 vote. It must still clear the similarly conservatively dominant House chamber before it can go to Gov. Bill Lee’s desk for his signature.

If enacted, the Tennessee bill would authorize the state to pursue capital punishment when an adult is convicted of aggravated rape of a child. Those convicted could be sentenced to death, imprisonment for life without possibility of parole, or imprisonment for life.

Florida’s Gov. Ron DeSantis enacted a similar bill nearly a year ago. Supporters in both states argue that the goal is to get the currently conservative-controlled U.S. Supreme Court to reconsider a 2008 ruling that found it unconstitutional to use capital punishment in child sexual battery cases.

Republican Sen. Ken Yager argued during Tuesday’s debate that his bill was not unconstitutional because it only gave district attorneys the option of pursuing the death penalty for those convicted of child rape.

“We are protecting the children using a constitutional approach,” Yager said. “I would not stand here and argue for this bill if I didn’t believe that with my whole heart.”

Yager’s argument differs from the supporters inside the Tennessee Legislature, where Republican House Majority Leader William Lamberth has conceded that even though Tennessee previously allowed convicted child rapists to face the death penalty, the Supreme Court ultimately nullified that law with its 2008 decision.

Other lawmakers compared their goal to the decades long effort that it took overturn Roe v. Wade , the landmark 1973 case that legalized abortion nationwide but was eventually overruled in 2022.

“Maybe the atmosphere is different on the Supreme Court,” said Republican Sen. Janice Bowling. “We’re simply challenging a ruling.”

Democrats countered that the bill would instill more fear into child rape victims about whether to speak out knowing that doing so could potentially result in an execution. Others warned that predators could be incentivized to kill their victims in order to avoid a harsher punishment.

Execution law in the U.S. dictates that crimes must involve a victim’s death or treason against the government to be eligible for the death penalty. The Supreme Court ruled nearly 40 years ago that execution is too harsh a punishment for sexual assault, and justices made a similar decision in 2008 in a case involving the rape of a child.

Currently, all executions in Tennessee are on hold as state officials review changes to its lethal injection process. Gov. Lee issued the pause after a blistering 2022 report detailed multiple flaws in how Tennessee inmates were put to death.

No timeline has been provided on when those changes will be completed. And while the state Supreme Court is free to issue death warrants for death row inmates, it has so far not done so.

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