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Death Penalty Essay Introduction — a Quick Guide

Table of Contents

The death penalty is a state-sanctioned practice where an individual is executed for an offense punishable through such means. Death penalty essay is a common topic given to students where the essay writer argues this controversial issue and takes a stand. The death penalty essay intro consists of the opening sentence, the background information, and the thesis statement.

Writing a compelling introduction isn’t easy. But with the tips and examples in this guide, you’ll be able to write a captivating introduction.

What Is a Death Penalty Essay?

The death penalty is the practice of executing a person guilty of capital murder, a crime in which the loss of life is intentional. This method of punishment has been around for as long as human civilization.

The death penalty has been controversial for a long time, with people on both sides of the fence. Supporters claim it works to deter crime, but there is no evidence to prove it. Opposers claim it is cruel and is not the best way to serve justice. 

A death penalty essay argues for or against the death penalty. This essay topic is a typical assignment given to college students. Common death penalty essay topics are as follows:

• About the Death Penalty
• Does the Death Penalty effectively deter crime?
• The Death Penalty should not be legal
• The Death Penalty should be abolished.
• Death Penalty and Justice
• Pro-Death Penalty
• Is the Death Penalty Morally Right?
• Death Penalty is Immoral
• Religious Values and Death Penalty
• Ineffectiveness of Death Penalty
• Punishment and the Nature of the Crime
• The Death Penalty and Juveniles.
• Is the Death Penalty Effective?
• The Death Penalty is Politically Just
• The Death Penalty: Right or Wrong?
• Abolishment of the Death Penalty
• The Death Penalty and People’s Opinions
• Is Death Penalty Humane?

How to Write an Interesting Death Penalty Essay Intro

Like other essays, the death penalty essay intro comprises three parts. The hook, a strong opening sentence, grips the reader, sparks their curiosity, and compels them to read the rest of the piece.

Subsequent sentences provide background information on the topic and define the argument’s terms. The last part is the thesis statement, which summarizes the central focus of the essay.

1. the Opening Sentence/Hook

The hook is a statement that grips the reader’s attention and makes them want to read on . The hook should be an exciting statement that sparks the readers’ curiosity, and sets the tone for the essay. It should give an overview of the topic. You could begin with a thought-provoking question, an interesting quote, an exciting anecdote, or a shocking statistic or fact. 

2. Background Information

Provide more information about the subject you are discussing. Create context and give background information on the topic. It could be a social or historical context. Define key terms that the reader might find confusing and clearly but concisely state why the issue is important.

3. Thesis Statement

The thesis statement is the overarching idea – the central focus of the essay. It summarizes the idea that you’ll be explaining throughout the entirety of the piece. Once this statement has been established, you’ll smoothly transition into the main body of your essay. Make the thesis clear and concise. 

Death Penalty Essay Introduction Example

Does the death penalty deter crime, especially murder? The death penalty has been controversial for years. Over the years, public opinion about the death penalty seems to have changed. But there are still people who think it is a proper punishment. I have heard the phrase “An eye for an eye” most of my life. Most people firmly believe that if a criminal took someone’s life, their lives should be taken away too. But I don’t think that will discourage anyone from committing crimes. I believe that the criminal should be given a lighter punishment. 

The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases.

A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber , followed by background information on the topic and then the thesis statement.

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Abir is a data analyst and researcher. Among her interests are artificial intelligence, machine learning, and natural language processing. As a humanitarian and educator, she actively supports women in tech and promotes diversity.

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The Death Penalty Essay, with Outline

Published by gudwriter on May 24, 2018 May 24, 2018

Ready for a death penalty essay? Take a look at this informational resource featuring an outline, APA style format and a list of references.

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Most students will agree that there are certain periods that they find much more interesting than others. What you really need is a history homework helper with immeasurable knowledge on this type of essays. Here is an example of a sample of death penalty.

Death Penalty Essay Outline

Introduction.

Thesis: The death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Paragraph 1:  

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it.

• It lacks the deterrent effect to which its advocates commonly refer.
• “There is no conclusive evidence of the deterrent value of the death penalty”
• An increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime.

Paragraph 2:

The penalty is not in order because there is no humane way to kill.

• In 2006, a lethal injection was used to execute Angel Nieves Diaz.
• It took a whopping 34 minutes and was administered in two doses.
• According to doctors’ opinion, it is likely that Diaz underwent a painful death.

Paragraph 3:  

The penalty makes a public spectacle out of the death of an individual.

• Victims are often executed in a manner that is extremely public.
• There is no legitimate purpose served by public executions which only increases the punishment’s degrading, inhuman, and cruel nature.
• Executions “carried out publicly are a gross affront to human dignity which cannot be tolerated.”

Paragraph 4:

The penalty does not apply fairly to all criminals as some people are left sentenced to death due to poor quality defense.

• Ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases.
• Whether or not one gets the death sentence largely lies in their ability to afford high quality defense.

Paragraph 5:

The death penalty cannot be taken back once it is executed.

• People may end up paying for crimes they never committed are a result of absolute judgments.
• A Texas man was found innocent after being executed.
• Criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Paragraph 6: 

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework.

• As per this framework, an action passes the ethical test only if it yields the best consequences for everyone.
• In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended.
• From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention.

The Death Penalty Essay Example

The death penalty is one criminal justice area that has attracted a serious debate about whether or not it should be abolished. The penalty enjoys a strong support from the public as people believe that it serves to deter crime as criminals are afraid of dying just like other humans. However, those opposed to it believe that there are enough reasons to warrant its abolishment. For instance, they argue that it does not deter crime as it does not address what motivates people to act criminally. This paper argues that the death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it. This is because it lacks the deterrent effect to which its advocates commonly refer. “As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty”” (International Commission against Death Penalty, 2013). This is why a continuously increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime. It is wrongly assumed that one would not want to commit crime since it would possibly land them into the capital punishment. There is however no evidence to support this assumption. Even if one was to fear dying as is assumed here, they might choose to engage in crime that does not attract the death penalty.

The penalty is also not in order because there is no humane way to kill. In 2006 for instance, a lethal injection that was used to execute Angel Nieves Diaz and was deemed ‘humane’ took a whopping 34 minutes and was administered in two doses (Amnesty International Australia, 2018). According to doctors’ opinion on the case, it is likely that Diaz underwent a painful death and thus the procedure could not have been humane in any way. Other brutal execution methods used across the globe include beheading, shooting, and hanging. The nature of these deaths is such that they only continue to perpetuate the violence cycle. In addition, they add onto the pain the victims’ family would have already suffered upon a member of theirs being taken into custody.

Further, the penalty makes a public spectacle out of the death of an individual. Victims are often executed in a manner that is extremely public, with lethal injections live broadcasts in the United States or public hangings in Iran. UN human rights experts hold that there is no legitimate purpose served by public executions which according them, only increase the punishment’s degrading, inhuman, and cruel nature. According to Hadj Sahraoui, an Amnesty International official , executions “carried out publicly are a gross affront to human dignity which cannot be tolerated” (Amnesty International Australia, 2018). Normally, a human being should be allowed the right to die in a dignified manner and ‘privately’ so they may have peace during the transition. It is a right that not even law should take away.

Contrary to the death penalty proponents’ argument that it applies fairly to all criminals, this is not the case as some people are left sentenced to death due to poor quality defense. As observed by OADP (2018), ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases. “Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal” (OADP, 2018). Thus, it follows that whether or not one gets the death sentence largely lies in their ability to afford high quality defense. This makes this punishment method unfair.

Further, the death penalty cannot be taken back once it is executed. People may end up paying for crimes they never committed are a result of absolute judgments. “Texas man Cameron Todd Willingham was executed in Texas in 2004 for allegedly setting a fire that killed his three daughters” (Amnesty International Australia, 2018). However, it would later be revealed through evidence that he was not the one who set that fire. Mr. Willingham, an innocent citizen, had paid with his life a crime he never knew anything about nor committed. As is clear here, being declared innocent was of no use for him since it could not bring him back to life. As such, criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework. As per this framework, an action passes the ethical test only if it yields the best consequences for everyone (Bonde, et al., 2013). The results of such an action should be such that those involved get the most good out of it. From the onset, it is the intent of any person using this framework to achieve results that would benefit all the people entangled in an ethical dilemma or issue. The framework is advantageous in the sense that it pragmatically focuses on the results of an action before the action is performed. It ensures nobody is treated unfairly in the aftermath of the action. In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended. From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to, and is also unethical. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention. There can never be a humane way to kill and no matter the crime one has committed, they should not be subjected to this painful process of dying. The punishment is also not fair as some people might while others might not afford to hire quality lawyers to defend them. Moreover, it cannot be taken back and this means once persecuted, one can never regain their innocence as well as their life.

Amnesty International Australia. (2018). “Five reasons to abolish the death penalty”. Amnesty International Australia . Retrieved May 20, 2018 from https://www.amnesty.org.au/5-reasons-abolish-death-penalty/#

Bonde, S., et al. (2013). “A framework for making ethical decisions”. Brow University . Retrieved July 3, 2020 from https://www.brown.edu/academics/science-and-technology-studies/framework-making-ethical-decisions .

International Commission against death penalty. (2013). “Why the death penalty should be abolished”. International Commission against Death Penalty . Retrieved May 20, 2018 from http://www.icomdp.org/arguments-against-the-death-penalty/

OADP. (2018). “The facts: 13 reasons to oppose the death penalty”. Oregonians for Alternatives to the Death Penalty . Retrieved May 20, 2018 from https://oadp.org/facts/13-reasons

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Death Penalty Essay | Essay on Death Penalty for Students and Children in English

February 07, 2024 by Prasanna

Death Penalty Essay:  Death penalties are government-sanctioned practices, in which a person is put to death by the state as a punishment for a particular crime. It is also known as Capital Punishment. It is one of the cruellest types of criminal penalties that are carried out in the form of hanging, electrocution and lethal injections.

The primary aim of the death penalty is to decrease the number of horrendous crimes in the world. The death penalty is a legal punishment ordered by the court against the violation of criminal laws. The methods of death penalty vary from country to country. It gives people an idea as to what the law is capable of doing.

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Long and Short Essays on Death Penalty for Students and Kids in English

We are providing students with essay samples on a long essay of 500 words and a short essay of 150 words on the topic Death Penalty Essay for reference.

Long Essay on Death Penalty 500 Words in English

Long Essay on Death Penalty is usually given to classes 7, 8, 9, and 10.

Capital punishment, death penalty or execution is considered as the infliction of death upon a person by judicial process as a punishment for an offence. Crimes that result in a death penalty are known as capital crimes. Death penalties are enforced on people who have performed profound malpractices and crimes.

In ancient times, the death penalties were more of a torture than that of punishments. The methods were torturous, and it would strain the body of the culprit in such a way that the pain would lead to their death.

Traditional methods of death penalties included devouring by animals like being thrown away to the lions, alligators or death by snake bites. Back-breaking was an ancient method of execution that avoided spilling of blood on the ground. Crucifixion was also a standard method of execution in the past which involved nailing the person to a cross and allowing it to perish.

Suffocating the criminal by carbon monoxide poisoning was also another method of execution. It was performed by burning coal inside a sealed room where the criminal would ultimately choke to death. Modern techniques are much quicker and less painful than the traditional methods of execution. Modern means of death penalties involve electrocution where the criminal is tied to the chair, and a high voltage current is passed through his body which can ultimately kill him. It mainly causes the failure of the heart.

Tranquilization or lethal injection is a method that gives the person a slow but painless death. It takes quite long for the criminal to die. The toxins in the injections act slowly and cause the slow death of the criminal. Hanging the criminal is the most common method of execution in recent times. The criminal is hung till death.

Another form of the death penalty in recent times is the shooting method where the culprit is shot in the head or the chest, which causes immediate death. In the Arabian and the Gulf Countries, the beheading method is used as the death penalty for the criminals. Beheading is decided based on the crime committed. It is a painful method where the head is cut off from the culprit’s body.

The role of public opinion and collective conscience plays a vital role in the imposition of death penalties in many countries. The punishment must befit the crime so that the court reflects the public abhorrence of the crime. The court must consider both the rights of the criminal as well as the rights of the victim and society at large while deciding the mode of execution.

You can now access more Essay Writing on this topic and many more.

Many think that the death penalty are violating human rights, but still, it is practised in many countries. It not only prevents future crimes, but it makes a person think twice before committing a deadly crime. Death penalties are a harsh reality showing that the world is filled with culprits and criminal activities. Crimes have risen to such a level that execution is the only way to stop deadly crimes.

Short Essay on Death Penalty 150 Words in English

Short Essay on Death Penalty is usually given to classes 1, 2, 3, 4, 5, and 6.

In today’s world crimes are being committed daily. The death penalty is the maximum sentence that is used in punishing people who have committed serious crimes, like murder and rape and is a very controversial method of punishment.

Criminals that are convicted of murder or rape have to be executed through the death penalty because they are a danger to society. It is a legal infliction and is used to punish a variety of offences. Traditional methods of death penalty involved torturous deaths of the culprits through methods of boiling to death, burring alive, through garrots and keelhauling.

Modern methods of execution are painless, carried out through hanging, lethal injection or shooting. The criminals are sentenced to death, keeping in mind the rights of the culprit as well as the victim.

The world has become so cruel that the only way to stop brutal crimes is by the death of the criminals.

10 Lines on Death Penalty in English

1. Death penalty stops people from doing illegal things. 2. The death penalty is a government-sanctioned process. 3. Death penalties vary depending on the jurisdiction. 4. It includes severe offences like piracy, aircraft hijacking, drug trafficking, and a crime against humanity. 5. 56 countries retain death penalties, and 106 countries have completely abolished it. 6. 60% of the world’s population live in countries where the death penalty is included like China, India, Pakistan, and Bangladesh. 7. China has the highest executions in the world. 8. The Parliament of India has expanded the scope of death penalties by introducing it in the case of rape of girls below 12 years. 9. In 2018, 23 death penalties were confirmed by the high court. 10. One of the initial executions of independent India was of Nathuram Godse.

FAQ’s on Death Penalty Essay

Question 1.  Does the death penalty prevent crimes?

Answer: It doesn’t entirely prevent crimes, but it reduces it to a certain extent.

Question 2.  Are people, accused of terrorism sentenced to death?

Answer: They are likely to be sentenced to death due to unfair trials, and many are condemned on confession basis extracted through torture.

Question 3.  Is the death penalty better than lifelong imprisonment?

Answer: The decision depends upon the type of crime the culprit has committed; however, any form of execution is inhumane.

Question 4.  What is the most painless method of execution?

Answer: The lethal injection is the slowest and painless method of execution.

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Home — Essay Samples — Social Issues — Death Penalty — The Death Penalty: Arguments and Alternative Solutions

The Death Penalty: Arguments and Alternative Solutions

• Categories: Death Death Penalty

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Words: 977 |

Published: Feb 7, 2024

Words: 977 | Pages: 2 | 5 min read

Table of contents

Introduction, background information on the death penalty, arguments in favor of the death penalty, arguments against the death penalty, counterarguments and rebuttals, alternative solutions.

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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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1000-Word Philosophy: An Introductory Anthology

Philosophy, One Thousand Words at a Time

The Death Penalty

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

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

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

This essay surveys both types of arguments and critical responses.

1. Deontological Justifications

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

1.1. Retributivist Justifications

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

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

1.2. Purgative Justifications

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

2. Consequentialist Justifications

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

2.1. Deterrence

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

2.2. Incapacitation

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

3. Criticisms of Deontological  Justifications

Let’s consider some objections to the above arguments.

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

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

4. Criticisms of Consequentialist Justifications

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

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

5. General Objections to Capital Punishment

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

5.1. The Right to Life

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

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

5.2. Dignity

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

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

5.3. Procedural Problems

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

5.3.1. Arbitrariness

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

5.3.2. Discrimination

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

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

5.3.3. Irrevocability

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

6. Conclusion

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

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

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

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

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

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

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

[5] Sorell (1993).

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

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

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

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

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

[11] Camus (1963).

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

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

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

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

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

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

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

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

[20] Cholbi (2006).

[21] Yost (2019).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For Further Reading

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

Related Essays

Theories of Punishment by Travis Joseph Rodgers

Is Death Bad? Epicurus and Lucretius on the Fear of Death by Frederik Kaufman

Deontology: Kantian Ethics by Andrew Chapman

Consequentialism by Shane Gronholz

Philosophy and Race: An Introduction to Philosophy of Race  by Thomas Metcalf

Philosophy of Law: An Overview  by Mark Satta

Moral Luck  by Jonathan Spelman

Hell and Universalism  by A.G. Holdier 

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About the Author

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

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Essay on Death Penalty

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The death penalty, also known as capital punishment, has been a subject of profound ethical, legal, and social debate for centuries. This essay aims to explore the complexities surrounding the death penalty, examining its historical context, arguments for and against its use, and its implications for justice and human rights. This analysis is particularly relevant for students engaging in essay writing competitions, offering a comprehensive understanding of a contentious issue.

Historical Context

The death penalty has ancient origins, with recorded instances dating back to the Code of Hammurabi in Babylon in the 18th century BC. Historically, it has been used for a wide range of crimes, not just murder but also for theft, treason, and other offenses. Over time, views on capital punishment have significantly evolved, influenced by philosophical, moral, and humanitarian perspectives.

The Global Perspective

Globally, the use of the death penalty varies. Some countries, like the United States, China, and Iran, continue to implement it, while others, including most European nations, have abolished it, considering it a violation of human rights. This global divide reflects differing views on justice, retribution, and deterrence.

Arguments for the Death Penalty

• Retribution and Justice: Proponents argue that the death penalty is a form of retributive justice – those who commit heinous crimes deserve the most severe punishment. It is seen as a means to bring closure to the victims’ families and to ensure that the perpetrators pay the ultimate price for their actions.
• Deterrence: Another argument in favor of the death penalty is its supposed deterrent effect. The assertion is that the fear of being sentenced to death discourages people from committing serious crimes.
• Public Opinion: In some regions, public opinion supports the death penalty. Proponents argue that it aligns with the societal demand for severe punishment of the most serious crimes.

Arguments Against the Death Penalty

• Wrongful Convictions: Opponents highlight the risk of wrongful convictions. Innocent people can and have been sentenced to death, a mistake that cannot be rectified once carried out.
• Human Rights Concerns: Many argue that the death penalty inherently violates human rights, particularly the right to life and the prohibition of cruel and unusual punishment, as stated in the Universal Declaration of Human Rights.
• Lack of Deterrent Effect: Studies have consistently shown that there is no conclusive evidence that the death penalty effectively deters crime more than life imprisonment.
• Socioeconomic Bias: There is a concern that the death penalty disproportionately affects the poor or marginalized groups, as they may lack the resources for effective legal representation.

Moral and Ethical Implications

The ethical debate centers on whether the state should have the power to take a life. This raises profound moral questions about the value of human life and the role of government.

The Death Penalty and Justice System

The implementation of the death penalty raises questions about the fairness of the justice system. Issues of racial bias, socio-economic disparities, and inconsistencies in application are pivotal in this debate.

Alternative Approaches

Critics of the death penalty advocate for life imprisonment without parole as an alternative, arguing that it serves the purpose of punishment and protection of society without crossing the moral line of ending a life.

The Role of International Law

International law, particularly in human rights treaties, has increasingly moved towards restricting or abolishing the death penalty. The Second Optional Protocol to the International Covenant on Civil and Political Rights aims for its global abolition.

The death penalty remains one of the most controversial topics in the legal and ethical spheres. Its implications touch on fundamental questions about the nature of justice, the value of human life, and the role of the state in administering punishment. For students participating in essay writing competitions, this topic offers a rich ground for exploration, requiring a careful balancing of legal facts, ethical considerations, and societal perspectives. In understanding and debating the death penalty, one engages with the core principles that underpin our society and legal systems.

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