essay on the pros and cons of the death penalty

Arguments for and Against the Death Penalty

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The death penalty deters future murders.

Retribution

A just society requires the taking of a life for a life.

The risk of executing the innocent precludes the use of the death penalty.

Arbitrariness & Discrimination

The death penalty is applied unfairly and should not be used.

The pros and cons of the death penalty

Despite global progress towards abolition, public opinion remains divided as executions increase

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Pro: public support

Con: wrongful execution risk, pro: could reduce crime, con: not a deterrent, pro: sense of retribution, con: extremely expensive.

 The number of executions is rising around the world, even as many countries move towards abolishing or limiting the use of capital punishment.

According to the latest figures from Amnesty International – compiled from official statistics, media reports and information passed on from individuals sentenced to death – there were 883 executions worldwide in 2022. This total excludes China, which does not release details of those killed by the state but is believed to execute thousands of people a year. The global figure is up 53% from 2021 and is the highest number since 2017.

Amnesty said that at the end of 2022 there were more than 28,000 people under sentence of death in 52 countries.

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In the past half century capital punishment has increasingly been viewed as a human-rights issue. More than 120 countries have abolished the death penalty in law or in practice, according to The Death Penalty Project . Now, executions are most commonly carried out in China, Iran, Egypt and Saudi Arabia (although there is little reliable data for countries such as Afghanistan, North Korea and Syria).

Although use of the death penalty is gradually declining in the US, a 2021 survey by Gallup found a majority of Americans (54%) said they were "in favour of the death penalty for a person convicted of murder".

In France, which abolished death by guillotine only in 1981, presidential frontrunner Marine Le Pen has vowed to hold a referendum on restoring capital punishment, which is backed by a huge majority of her supporters .

A YouGov poll in 2022 found 40% of Britons were still in favour of the death penalty, with Conservative voters far more likely to support it (58%), and those aged over 65 more than twice as likely as those aged 18-24.

One of the most "compelling forces" driving worldwide opinions against the death penalty has been "the increasing recognition of the potential for error in its use", wrote criminology professor Carolyn Hoyle and Saul Lehrfreund, co-director of the London-based NGO The Death Penalty Project, in a blog for the University of Oxford’s Death Penalty Research Unit . With justice systems prone to error, bias and coercion, wrongful executions are, in fact, "inevitable".

Since 1993, Washington-based non-profit organisation The Death Penalty Information Center has been tracking wrongful executions in the US, going back to the Supreme Court ruling in 1972. In a 2021 report, "The Innocence Epidemic", it concluded that at least 185 people had been wrongfully convicted and sentenced to death since 1972. Nearly 70% of those cases involved "official misconduct by police, prosecutors or other government officials" – more so in cases involving a defendant of colour.

"The death penalty has always been, and continues to be, disproportionately wielded against black people and other people of colour," explained the National Association of Criminal Defense Lawyers , regarding the US. As of 2019, "black and Hispanic people represent 31% of the US population, but 53% of death-row inmates".

The "commonest justification" for the death penalty is that it functions as a "unique deterrent" for others, wrote Lehrfreund.

"Nobody has ever committed a crime after being executed," Lee Anderson, the former Tory party deputy chairman, told The Spectator last year, backing calls to bring back the death penalty in Britain. A subsequent poll by Omnisis found 43% of British respondents agreed capital punishment would be an effective deterrent.

"When the UK first suspended the death penalty in 1965, many hoped that removing violence from the top end of justice would trickle down through society, making us more civilised," wrote Tim Stanley in The Telegraph . "Instead, crime went up, and today, as predators exploit our liberality, a state without the death penalty resembles a lion tamer without a whip."

The death penalty has "no deterrent effect", said the American Civil Liberties Union . "Claims that each execution deters a certain number of murders have been thoroughly discredited by social science research." 

Most murders are committed either in the heat of passion, under the influence of alcohol or drugs, or because of mental illness. The few murderers who plan their crimes "intend and expect to avoid punishment altogether by not getting caught". 

The Death Penalty Project concluded after a review of multiple studies that capital punishment "does not deter murder to a marginally greater extent than does the threat or application of life imprisonment". In 2021, the Human Rights Council cited studies which showed that some member states that had abolished the death penalty saw their murder rates stay the same, or even decline.

Of the "four major justifications for punishment" – deterrence, rehabilitation, incapacitation and retribution – it is the last of these that has "often been scorned by academics and judges", said Robert Blecker, a professor emeritus at New York Law School, in The New York Times . But "ultimately, it provides capital punishment with its only truly moral foundation".

Supporters often point to religious justification based on the Bible, citing "an eye for an eye". But retribution is "not simply revenge", said Blecker. "Revenge may be limitless and misdirected at the undeserving, as with collective punishment. Retribution, on the other hand, can help restore a moral balance. It demands that punishment must be limited and proportional."

Many supporters of the death penalty argue that it is more cost-effective than feeding and housing an inmate for the whole of a life-without-parole sentence . But in countries with arduous appeals processes and strong human-rights organisations, the death penalty is – counterintuitively – far more expensive than imprisonment for life.

More than a dozen US states found in 2007 that death penalty cases were up to 10 times more expensive than comparable non-death penalty cases. That year, New Jersey became the first state to ban executions for reasons of "time and money", said NBC News .

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Harriet Marsden is a writer for The Week, mostly covering UK and global news and politics. Before joining the site, she was a freelance journalist for seven years, specialising in social affairs, gender equality and culture. She worked for The Guardian, The Times and The Independent, and regularly contributed articles to The Sunday Times, The Telegraph, The New Statesman, Tortoise Media and Metro, as well as appearing on BBC Radio London, Times Radio and “Woman’s Hour”. She has a master’s in international journalism from City University, London, and was awarded the "journalist-at-large" fellowship by the Local Trust charity in 2021. 

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Moral arguments

Utilitarian arguments, practical arguments, the abolition movement.

• Capital punishment in the early 21st century

Arguments for and against capital punishment

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• Internet Encyclopedia of Philosophy - Capital Punishment
• Santa Clara University - Capital Punishment: Our Duty or Our Doom?
• Cornell Law School - Legal Information Institute - Death penalty
• capital punishment - Children's Encyclopedia (Ages 8-11)
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• Table Of Contents

Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral , utilitarian, and practical.

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Supporters of the death penalty believe that those who commit murder , because they have taken the life of another, have forfeited their own right to life. Furthermore, they believe, capital punishment is a just form of retribution , expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general. By contrast, opponents of capital punishment, following the writings of Cesare Beccaria (in particular On Crimes and Punishments [1764]), argue that, by legitimizing the very behaviour that the law seeks to repress—killing—capital punishment is counterproductive in the moral message it conveys. Moreover, they urge, when it is used for lesser crimes, capital punishment is immoral because it is wholly disproportionate to the harm done. Abolitionists also claim that capital punishment violates the condemned person’s right to life and is fundamentally inhuman and degrading.

Although death was prescribed for crimes in many sacred religious documents and historically was practiced widely with the support of religious hierarchies , today there is no agreement among religious faiths, or among denominations or sects within them, on the morality of capital punishment. Beginning in the last half of the 20th century, increasing numbers of religious leaders—particularly within Judaism and Roman Catholicism—campaigned against it. Capital punishment was abolished by the state of Israel for all offenses except treason and crimes against humanity, and Pope John Paul II condemned it as “cruel and unnecessary.”

Supporters of capital punishment also claim that it has a uniquely potent deterrent effect on potentially violent offenders for whom the threat of imprisonment is not a sufficient restraint. Opponents, however, point to research that generally has demonstrated that the death penalty is not a more effective deterrent than the alternative sanction of life or long-term imprisonment.

There also are disputes about whether capital punishment can be administered in a manner consistent with justice . Those who support capital punishment believe that it is possible to fashion laws and procedures that ensure that only those who are really deserving of death are executed. By contrast, opponents maintain that the historical application of capital punishment shows that any attempt to single out certain kinds of crime as deserving of death will inevitably be arbitrary and discriminatory. They also point to other factors that they think preclude the possibility that capital punishment can be fairly applied, arguing that the poor and ethnic and religious minorities often do not have access to good legal assistance, that racial prejudice motivates predominantly white juries in capital cases to convict black and other nonwhite defendants in disproportionate numbers, and that, because errors are inevitable even in a well-run criminal justice system, some people will be executed for crimes they did not commit. Finally, they argue that, because the appeals process for death sentences is protracted, those condemned to death are often cruelly forced to endure long periods of uncertainty about their fate.

Under the influence of the European Enlightenment , in the latter part of the 18th century there began a movement to limit the scope of capital punishment. Until that time a very wide range of offenses, including even common theft, were punishable by death—though the punishment was not always enforced , in part because juries tended to acquit defendants against the evidence in minor cases. In 1794 the U.S. state of Pennsylvania became the first jurisdiction to restrict the death penalty to first-degree murder, and in 1846 the state of Michigan abolished capital punishment for all murders and other common crimes. In 1863 Venezuela became the first country to abolish capital punishment for all crimes, including serious offenses against the state (e.g., treason and military offenses in time of war). San Marino was the first European country to abolish the death penalty, doing so in 1865; by the early 20th century several other countries, including the Netherlands, Norway , Sweden , Denmark , and Italy , had followed suit (though it was reintroduced in Italy under the fascist regime of Benito Mussolini ). By the mid-1960s some 25 countries had abolished the death penalty for murder, though only about half of them also had abolished it for offenses against the state or the military code. For example, Britain abolished capital punishment for murder in 1965, but treason, piracy, and military crimes remained capital offenses until 1998.

During the last third of the 20th century, the number of abolitionist countries increased more than threefold. These countries, together with those that are “de facto” abolitionist—i.e., those in which capital punishment is legal but not exercised—now represent more than half the countries of the world. One reason for the significant increase in the number of abolitionist states was that the abolition movement was successful in making capital punishment an international human rights issue, whereas formerly it had been regarded as solely an internal matter for the countries concerned.

In 1971 the United Nations General Assembly passed a resolution that, “in order fully to guarantee the right to life, provided for in…the Universal Declaration of Human Rights,” called for restricting the number of offenses for which the death penalty could be imposed, with a view toward abolishing it altogether. This resolution was reaffirmed by the General Assembly in 1977. Optional protocols to the European Convention on Human Rights (1983) and to the International Covenant on Civil and Political Rights (1989) have been established, under which countries party to the convention and the covenant undertake not to carry out executions. The Council of Europe (1994) and the EU (1998) established as a condition of membership in their organizations the requirement that prospective member countries suspend executions and commit themselves to abolition. This decision had a remarkable impact on the countries of central and eastern Europe , prompting several of them—e.g., the Czech Republic , Hungary , Romania , Slovakia , and Slovenia—to abolish capital punishment.

In the 1990s many African countries—including Angola, Djibouti, Mozambique, and Namibia—abolished capital punishment, though most African countries retained it. In South Africa , which formerly had one of the world’s highest execution rates, capital punishment was outlawed in 1995 by the Constitutional Court, which declared that it was incompatible with the prohibition against cruel, inhuman, or degrading punishment and with “a human rights culture.”

Should the Death Penalty Be Legal?

General reference (not clearly pro or con).

John Gramlich, Senior Writer and Editor at Pew Research Center, states:

“Six-in-ten U.S. adults strongly or somewhat favor the death penalty for convicted murderers, according to the April 2021 survey. A similar share (64%) say the death penalty is morally justified when someone commits a crime like murder. Support for capital punishment is strongly associated with the view that it is morally justified in certain cases. Nine-in-ten of those who favor the death penalty say it is morally justified when someone commits a crime like murder; only a quarter of those who oppose capital punishment see it as morally justified.” - John Gramlich, 10 Facts about the Death Penalty in the U.S.,” pewresearch.org, July 19, 2021

Ian Millhiser, Senior Correspondent at Vox, states:

“Fewer people were executed in 2020 than in any year for nearly three decades, and fewer people were sentenced to die than at any point since the Supreme Court created the modern legal framework governing the death penalty in 1976… One significant reason so few people were executed in 2020 is the Covid-19 pandemic — which has slowed court proceedings and turned gathering prison officials and witnesses for an execution into a dangerous event for everyone involved. But even if 2020 is an outlier year due to the pandemic, DPIC’s [Death Penalty Information Center’s] data shows a sharp and consistent trend away from the death penalty since the number of capital sentences peaked in the 1990s. In total, only 17 people were executed in 2020, a number that would be much lower if not for the Trump administration resuming federal executions this year for the first time in nearly two decades. 2020 is the first year in American history when the federal government executed more people than all of the states combined: 10 of the 17 people executed in 2020 were killed by the federal government. Only five states — Texas, Alabama, Georgia, Missouri, and Tennessee — conducted executions in 2020. And of these five states, only one, Texas, killed more than one person on death row. The trend away from new death sentences and executions has continued despite two recent significant pro-death penalty opinions from the Supreme Court. The Court’s decisions in Glossip v. Gross (2015) and especially in Bucklew v. Precythe (2019) make it much more difficult for death row inmates to claim their executions violate the Constitution’s prohibition on cruel and unusual punishments.” - Ian Millhiser, “The Decline and Fall of the American Death Penalty,” vox.com, Dec. 30, 2020

Roger Hood, former professor at the Centre for Criminological Research at the University of Oxford, states:

“[C]apital punishment, also called death penalty, [is the] execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment” - Roger Hood, “Capital Punishment,” britannica.com, Mar. 25, 2021

Robert Blecker, professor emeritus at New York Law School, states:

“Society embraces four major justifications for punishment: deterrence, rehabilitation, incapacitation and retribution. Retribution has often been scorned by academics and judges, but ultimately, it provides capital punishment with its only truly moral foundation. Critics of the theory, including Mr. [Nikolas] Cruz’s lawyers, commonly equate retribution with revenge — disparaging ‘an eye for an eye’ as barbaric. But retribution is not simply revenge. Revenge may be limitless and misdirected at the undeserving, as with collective punishment. Retribution, on the other hand, can help restore a moral balance. It demands that punishment must be limited and proportional. Retributivists like myself just as strongly oppose excessive punishment as we urge adequate punishment: as much, but no more than what’s deserved. Thus I endorse capital punishment only for the worst of the worst criminals. - Robert Blecker, “If Not the Parkland Shooter, Who Is the Death Penalty For?,” nytimes.com, Oct. 27, 2022

Jeffrey A. Rosen, Former Deputy Attorney General in the Trump Administration, states:

“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. The recent executions reflect that consensus, as the Justice Department has an obligation to carry out the law. The decision to seek the death penalty against Mr. Lee was made by Attorney General Janet Reno (who said she personally opposed the death penalty but was bound by the law) and reaffirmed by Deputy Attorney General Eric Holder. Mr. Purkey was prosecuted during the George W. Bush administration, and his conviction and sentence were vigorously defended throughout the Obama administration. The judge who imposed the death sentence on Mr. Honken, Mark Bennett, said that while he generally opposed the death penalty, he would not lose any sleep over Mr. Honken’s execution.” - Jeffrey A. Rosen, “The Death Penalty Can Ensure ‘Justice Is Being Done,'” nytimes.com, July 27, 2020

Charles Stimson, Acting Chief of Staff and Senior Legal Fellow of the Heritage Foundation, states:

“[F] or the death penalty to be applied fairly, we must strive to make the criminal justice system work as it was intended. We should all agree that all defendants in capital cases should have competent and zealous lawyers representing them at all stages in the trial and appeals process. Any remnant of racism in the criminal justice system is wrong, and we should work to eliminate it. Nobody is in favor of racist prosecutors, bad judges or incompetent defense attorneys. If problems arise in particular cases, they should be corrected—and often are. That said, the death penalty serves three legitimate penological objectives: general deterrence, specific deterrence, and retribution.” - Charles Stimson, “The Death Penalty Is Appropriate,” heritage.org, Dec. 20, 2019

George Brauchler, District Attorney of the 18th Judicial District in Colorado, states:

“The paramount goal of sentencing is the imposition of justice. Sometimes, justice is dismissing a charge, granting a plea bargain, expunging a past conviction, seeking a prison sentence, or — in a very few cases, for the worst of the worst murderers — sometimes, justice is death… A drug cartel member who murders a rival cartel member faces life in prison without parole. What if he murders two, three, or 12 people? Or the victim is a child or multiple children? What if the murder was preceded by torture or rape? How about a serial killer? Or a terrorist who kills dozens, hundreds or thousands? The repeal of the death penalty treats all murders as the same. Once a person commits a single act of murder, each additional murder is a freebie. That is not justice.” - George Brauchler, “Coloradans Should Have the Final Say on the Death Penalty (and I’d Hope They Keep It),” denverpost.com, Mar. 1, 2019

Michael Meltsner and Daniel S. Medwed, Professors of Law at Northeastern University, state:

“You don’t have to be a statistician to realize that in a system that executes a tiny proportion of the eligible, selection will always be arbitrary. Indeed, now that more states have ended capital punishment and fewer death sentences are even sought in the states that retain it, executions resemble more and more the sacrificial practices of our remote ancestors. Furman found a grievous error when some persons are sentenced to death and others not for what amounts to the same crime. But it is still true that race, class, geography, and lawyer competence determine who lives and who dies. The selection process we are left with operates in a troubled judicial landscape. Courts are no longer required to compare cases to ensure even handed decisions. Hyper-technical rules often block consideration of seemingly legitimate claims. High Court decisions increasingly permit troublesome executions that go both unreviewed and unexplained. The American way of sentencing the convicted to death is rare and random—but also bureaucratic, costly, and governed by often indecipherably complex rules. When it cannot even produce the results its supporters seek, time has come for it to go. We cannot wait a moment longer.” - Michael Meltsner and Daniel S. Medwed, “Does a Fair Way to Decide Who Gets The Death Penalty Actually Exist?,” slate.com, Feb. 22, 2022

Elliot Williams, CNN legal analyst and Former Deputy Assistant Attorney General at the Justice Department, states:

“It is time to end the federal death penalty. Last week, the federal government executed two men within nearly 24 hours. What’s striking here is the timing. The deaths of Alfred Bourgeois and Brandon Bernard mark the first time the death penalty has been imposed during the lame-duck period since 1889, when Grover Cleveland was President — before the bottle cap or the diesel engine were even invented. The executions come more than a year after Attorney General William Barr directed the federal government to reinstate the death penalty for the first time in nearly 20 years. The fact that an attorney general can decide to commence the federal death penalty after years without it, or that the United States has a century-plus-old practice of suspending it at certain points in the political calendar tells us everything that is wrong with the practice. The death penalty is unique in the law — despite its finality, it is politically fraught, inconsistently applied, subject to the basest human impulses, and a relic of the ugliest elements baked into our criminal justice system.” - Elliot Williams, “The Death Penalty Confuses Vengeance with Justice, and It’s Time to End It,” cnn.com, Dec. 13, 2020

Jared Olsen, Wyoming State Representative (R), states:

“A long-held stereotype is that conservatives in this country favor capital punishment, while liberals oppose it. But that doesn’t accord with reality: In recent years, more conservatives have come to realize that capital punishment conflicts irreconcilably with their principles of valuing life, fiscal responsibility and limited government. Many conservatives also recognize that the death penalty inflicts extreme and unnecessary trauma on the family members of victims and the correctional employees who have the job of taking the prisoner’s life.” - Jared Olsen, “I’m a Republican and I Oppose Restarting Federal Executions,” nytimes.com, July 29, 2019

Kamala Harris, then U.S. Senator (D-CA), states

“As a career law enforcement official, I have opposed the death penalty because it is immoral, discriminatory, ineffective, and a gross misuse of taxpayer dollars… Black and Latino defendants are far more likely to be executed than their white counterparts. Poor defendants without a team of lawyers are far more likely to enter death row than those with strong representation. Your race or your bank account shouldn’t determine your sentence. It is also a waste of taxpayer money. The California Legislative Analyst’s office estimates that California would save $150 million a year if it replaced the death penalty with a sentence of life without parole. That’s money that could go into schools, health care, or restorative justice programs.” - Kamala Harris, “Senator Kamala Harris on California Death Penalty Moratorium,” harris.senate.gov, Mar. 13, 2019

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16 Advantages and Disadvantages of the Death Penalty and Capital Punishment

Human civilizations have used the death penalty in their set of laws for over 4,000 years. There have been times when only a few crimes receive this consequence, while some societies, such as the seventh century B.C.’s Code of Athens required the punishment for all crimes to be death.

The death penalty in the United States came about because of the influences of the colonial era. The first recorded execution in the colonies occurred in 1608 in Jamestown. Captain George Kendall was executed for being a spy for Spain. It only took four more years for Virginia to institute the death penalty for minor offenses such as stealing grapes or trading with Native Americans.

Today, capital punishment is reserved for brutal and heinous crimes, such as first-degree murder. Some countries use the death penalty for repetitive violent crime, such as rape and sexual assault, or for specific drug offenses. Here are the pros and cons of the death penalty to review as we head into 2021 and beyond.

List of the Pros of the Death Penalty

1. It is a way to provide justice for victims while keeping the general population safe. There is an expectation in society that you should be able to live your life without the threat of harm. When there is someone who decides to go against this expectation by committing a violent crime, then there must be steps taken to provide everyone else the safety that they deserve. Although arguments can be made for rehabilitation, there are people who would continue their violent tendencies no matter what. The only way to keep people safe in those circumstances, and still provide a sense of justice for the victims, is the use of the death penalty.

2. It provides a deterrent against serious crimes. The reason why there are consequences in place for criminal violations is that we want to have a deterrent effect on specific behaviors. People who are considering a breach of the law must see that the consequences of their actions are worse if they go through without that action compared to following the law.

Although up to 88% of criminologists in the United States report that capital punishment is not an effective deterrent to homicide, the fact that it can prevent some violence does make it a useful tool to have in society.

3. It offers a respectful outcome. A critical component of justice in modern society involves punishing criminal behavior in a way that is not cruel or unusual. That societal expectation has led the United States to implement capital punishment by using lethal injections. Although some regions struggle to purchase the necessary drugs to administer lethal injections, the process of putting someone to sleep before they stop breathing eliminates the pain and negative outcomes associated with other execution methods.

Modern processes in modern societies are much more compassionate compared to the historical methods of hanging, firing squads, or other gruesome methods of taking a life under the law.

4. It maintains prison populations at manageable levels. Over 2 million people are currently part of the prison population in the United States. About one in five people currently in jails across the country are awaiting trial for charges that they face. That is about the same amount of people who are labeled as being violent offenders. By separating those who are convicted of a capital crime, we create more room for individuals who want to work through rehabilitation programs or otherwise improve their lives and live law-abiding futures. This structure makes it possible to limit the financial and spatial impacts which occur when all serious crimes require long-term prisoner care.

5. It offers society an appropriate consequence for violent behavior. There are criminals who have a desire to rehabilitate their lives and create new futures for themselves within the bounds of the law. There are also criminals who desire to continue their criminal behaviors. By keeping capital punishment as an option within society, we create an appropriate consequence that fits the actions taken by the criminal. The death penalty ensures that the individual involved will no longer be able to create havoc for the general population because they are no longer around. That process creates peace for the victims, their families, and society in general.

6. It eliminates sympathetic reactions to someone charged with a capital crime. The United States offers a confrontational system of justice because that is an effective way to address the facts of the case. We make decisions based on logic instead of emotion. The law must be able to address the actions of a criminal in a way that discourages other people from conducting themselves in a similar manner. Our goal should be to address the needs of each victim and their family more than it should be to address the physical needs of the person charged with a capital crime.

7. It stops the threat of an escape that alternative sentences would create. The fastest way to stop a murderer from continuing to kill people is to eliminate their ability to do so. That is what capital punishment does. The death penalty makes it impossible for someone convicted of murder to find ways that kill other people. Failing to execute someone who is taking a life unjustly, who is able to kill someone else, makes us all responsible for that action. Although there are issues from a moral standpoint about taking any life, we must remember that the convicted criminal made the decision to violate the law in the first place, knowing full well what their potential outcome would be.

List of the Cons of the Death Penalty

1. It requires one person to kill another person. In an op-ed published by the New York Times, S. Frank Thompson discussed his experience in executing inmates while serving as the superintendent of the Oregon State Penitentiary. He talked about how the death penalty laws forced him to be personally involved in these executions. He came to a point where, on a moral level, he decided that life either had to be honored or not. His job required him to kill someone else. Whether someone takes a life through criminal means, or they do so through legal means, there still is an impact on that person which is unpredictable.

2. It comes with unclear constitutionality in the United States. In the 1970s, the Supreme Court of the United States found the application of the death penalty unconstitutional, but four years later, allowed the death penalty to resume with certain limitations on when and how it must be carried out. Some justices have called for a review of the death penalty due to current information about the risk of sentencing innocent people to death and other concerns about the death penalty.

After four decades of surveys, studies, and experiences with the death penalty, there are three specific defects that critics state exist. There is unreliability in the systems that are used to put prisoners to death, there are delays that can last for 20 years or more before executing a prisoner, and the application of capital punishment has been called arbitrary.

3. It does not have a positive impact on homicide rates. The United States implemented the death penalty 22 times in 2019, and imposed 34 death sentences. Crime statistics for that year indicate that there were 16,425 reported murders and non-negligent manslaughter cases in the U.S. Some claim that criminals do not think they’ll be caught and convicted, so the death penalty has a limited deterrence effect. Statistics on crimes show that when the death penalty is abolished, and replaced with a guaranteed life in prison, there are fewer violent acts committed.

4. It creates a revenge factor, which may not best serve justice. No one can blame families of victims for wanting justice. There is enough reason because of their pain and loss to understand concepts like vengeance. The problem with the death penalty is that it implements only one form of justice. It can be seen to create the framework for allowing for an eye for an eye, rather than taking a morally higher ground. If we permit the killing of people as a consequence of their own murderous decisions, then do we devalue life itself? It cannot be assumed that something that is legal is necessarily morally correct.

5. It costs more to implement the death penalty. The average case brought to trial which involves the death penalty costs taxpayers $1.26 million (counted through to execution). Cases that are taken to a jury which do not involve capital punishment cost an average of $740,000 (counted through to the end of incarceration). When you compare the costs of maintaining a prisoner in the general population compared to keeping someone on death row, taxpayers save money by avoiding the death penalty.

Maintaining a prisoner on death row costs $90,000 more per year than keeping that person in the general population. When one considers the cost of keeping someone on death row for 20 years or more, it is cheaper to sentence someone to life in prison without the possibility of parole in most states that it is to put them to death.

6. It comes with a risk that an innocent person could be executed. Although we like to think that our criminal justice systems are perfect, it is not. A study by Proceedings of the National Academy of Sciences determined that at least 4% of the people that are on death row are likely to be innocent. Since 1973, over 170 people have been taken off of death row because evidence showed that they were innocent of the crime for which they were convicted.

The justice system has flaws in our justice system. There have been cases where prosecutors knowingly withheld exculpatory information. There have been times when the justice system has introduced false evidence against defendants. People can be coerced into entering a guilty plea, or admitting their guilt, because of external pressures placed on them.

7. It does not always provide the sense of justice that families require. Research published in 2012 by the Marquette Law Review found that the victim’s family experienced higher levels of psychological, physical, and behavioral health when the convicted criminal was sentenced to life in prison, instead of the death penalty. The death penalty might be considered to be the ultimate form of justice, but it does not always provide the satisfaction people think it will once it is administered.

8. It does not seek alternative solutions. About one in every nine people in the U.S. is the population is currently serving a life sentence. Many more are serving a sentence that keeps them in prison for the rest of their lives because it will last for 15 years or more. Violent crime has declined dramatically since it peaked in the early 1990s. According to FBI data, the violent crime rate fell 51% between 1993 and 2018, and using the Bureau of Justice Statistics, it fell 71% during that same period. In 2016, 2,330 prisoners escaped from prison in the U.S.

There are numerous ways to prevent someone from breaking out of prison and hurting someone else, and the decreased number of violent crimes should mean a smaller prison population to work with to seek alternative solutions.

9. It automatically assumes that the criminal cannot be rehabilitated. There will always be people who decide they will live with a disregard for others. These people may never successfully complete a rehabilitation process after committing a crime. Sentencing someone to death makes the assumption that the person cannot be rehabilitated and suggests that there is no other way to help society except to get rid of that criminal.

These death penalty pros and cons are not intended to serve as a moral framework but are an attempt at a balanced look at reasons why capital punishment is a useful tool within societies, as well as reasons to the contrary. There are also specific outcomes that occur when the death penalty is not a potential sentence, which can be beneficial. That is why these critical points must continue to be discussed so that we all can come to the best possible decision to keep one another safe.

Home — Essay Samples — Social Issues — Death Penalty — The Death Penalty: Pros and Cons

The Death Penalty: Pros and Cons

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Published: Oct 11, 2018

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Pros and cons of death penalty, works cited.

• Bedau, H. A., & Cassell, P. G. (Eds.). (2016). Debating the Death Penalty: Should America Have Capital Punishment? Oxford University Press.
• Fagan, J., & Zimring, F. E. (2019). Death Penalty, Deterrence, and Homicide Rates: Empirical Evidence Contradicting Many Years of Research. Journal of Empirical Legal Studies, 16(2), 221-243.
• Garvey, S. P. (2017). The Death Penalty in America: Current Controversies. Oxford University Press.
• Haag, E. V. D. (1983). A defense of capital punishment. Fordham Urban Law Journal, 11, 1-28.
• Kastenberger, C., & Weyringer, M. (2017). The Impact of Capital Punishment on the Social Fabric of American Society: The Pros and Cons of the Death Penalty. Lambert Academic Publishing.
• Liebman, J. S., & Clarke, P. (2013). The Fallibility of Fairness: An Analysis of Louisiana's Death Penalty as a Case Study in How a Death Penalty Jurisdiction Can Get It Wrong. American Journal of Criminal Law, 40, 207-251.
• Marzilli, A. (2017). Reassessing the Proportionality Requirement for Death Penalty Cases. Notre Dame Law Review, 92(5), 1989-2026.
• Peterson, A., & Bailey, W. C. (2019). The Relationship between Poverty and the Death Penalty. Criminal Justice Policy Review, 30(3), 317-333.
• Schabas, W. A. (2015). The Death Penalty as Cruel Treatment and Torture: Capital Punishment Challenged in the World's Courts. Harvard University Press.
• Zimring, F. E. (2019). The Contradictions of American Capital Punishment. Oxford University Press.

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Finding Sources for Death Penalty Research

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• Writing Research Papers
• Writing Essays
• English Grammar
• M.Ed., Education Administration, University of Georgia
• B.A., History, Armstrong State University

One of the most popular topics for an argument essay is the death penalty . When researching a topic for an argumentative essay , accuracy is important, which means the quality of your sources is important.

If you're writing a paper about the death penalty, you can start with this list of sources, which provide arguments for all sides of the topic.

Amnesty International Site

Amnesty International views the death penalty as "the ultimate, irreversible denial of human rights." This website provides a gold mine of statistics and the latest breaking news on the subject.

Mental Illness on Death Row

Death Penalty Focus is an organization that aims to bring about the abolition of capital punishment and is a great resource for information. You will find evidence that many of the people executed over the past decades are affected by a form of mental illness or disability.

Pros and Cons of the Death Penalty

This extensive article provides an overview of arguments for and against the death penalty and offers a history of notable events that have shaped the discourse for activists and proponents.

Pro-Death Penalty Links

This page comes from ProDeathPenalty and contains a state-by-state guide to capital punishment resources. You'll also find a list of papers written by students on topics related to capital punishment. 

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What are Pros and Cons of the Death Penalty

This essay about the death penalty debates its efficacy, morality, and the associated risks of injustice. It presents arguments for the death penalty as a deterrent and a form of retribution, while also discussing its potential to prevent future crimes by permanently removing dangerous individuals. However, it critically examines the moral dilemmas, the possibility of executing innocent people, and the lack of empirical support for its deterrence effect. The text navigates through the complexities of capital punishment, questioning whether it aligns with the principles of justice and ethics.

How it works

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