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Top 10 Pro & Con Arguments - Capital Punishment
Should the death penalty be allowed?
"[W]e reserve the death penalty in the United States for
the most heinous murders and the most brutal and
conscienceless murderers. This is not, as some critics
argue, a kind of state-run lottery that randomly chooses
an unlucky few for the ultimate penalty from among all
those convicted of murder. Rather, the capital
punishment system is a filter that selects the worst of
the worst...
Put another way, to sentence killers like those
described above to less than death would fail to do
justice because the penalty – presumably a long period
in prison – would be grossly disproportionate to the
heinousness of the crime. Prosecutors, jurors, and the
loved ones of murder victims understand this essential
point...
Perhaps most
importantly, in its supreme gravity it [the death
penalty] promotes belief in and respect for the majesty
of the moral order and for the system of human law that
both derives from and supports that moral order."
Edward Feser, PhD
Associate Professor of Philosophy at Pasadena City
College
Joseph M. Bessette, PhD
Alice Tweed Tuohy Professor of Government and Ethics
at Claremont McKenna College
"Why the Death Penalty Is Still Necessary,"
catholicworldreport.com
July 21, 2016
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"As superintendent of the Oregon State Penitentiary, I
planned and carried out that state's only two executions
in the last 54 years I used to support the death
penalty. I don't anymore...
I was charged with executing two inmates on the
penitentiary’' death row, Douglas Franklin Wright and
Harry Charles Moore...
Regardless of their crimes, the fact that I was now to
be personally involved in their executions forced me
into a deeper reckoning with my feelings about capital
punishment. After much contemplation, I became convinced
that, on a moral level, life was either hallowed or it
wasn't. And I wanted it to be...
Since I retired from corrections in 2010, my mission has
been to persuade people that capital punishment is a
failed policy. America should no longer accept the myth
that capital punishment plays any constructive role in
our criminal justice system. It will be hard to bring an
end to the death penalty, but we will be a healthier
society as a result."
Semon Frank Thompson
Former Superintendent of the Oregon State
Penitentiary
"What I Learned from Executing Two Men,"
nytimes.com
Sep. 15, 2016
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"Petitioners, sentenced to die for the crimes they
committed (including, in the case of one petitioner
since put to death, raping and murdering an 11–month-old
baby), come before this Court asking us to nullify their
sentences as 'cruel and unusual' under the Eighth
Amendment. They rely on this provision because it is the
only provision they can rely on. They were charged by a
sovereign State with murder. They were afforded counsel
and tried before a jury of their peers—tried twice, once
to determine whether they were guilty and once to
determine whether death was the appropriate sentence.
They were duly convicted and sentenced...
[N]ot once in the history of the American Republic has
this Court ever suggested the death penalty is
categorically impermissible. The reason is obvious: It
is impossible to hold unconstitutional that which the
Constitution explicitly contemplates. The Fifth
Amendment provides that '[n]o person shall be held to
answer for a capital...crime, unless on a presentment or
indictment of a Grand Jury,' and that no person shall be
'deprived of life...without due process of law...
Historically, the Eighth Amendment was understood to bar
only those punishments that added ‘terror, pain, or
disgrace’ to an otherwise permissible capital
sentence...
I would not
presume to tell parents whose life has been forever
altered by the brutal murder of a child that life
imprisonment is punishment enough."
Antonin Scalia, JD
Former Associate Justice of the US Supreme Court
Concurring opinion in Glossip
v. Gross,
supreme.justicia.com
June 29, 2015
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"[R]ather than try to patch up the death penalty's legal
wounds one at a time, I would ask for full briefing on a
more basic question: whether the death penalty violates
the Constitution.
The relevant legal standard is the standard set forth in
the Eighth Amendment. The Constitution there forbids the
'inflict[ion]' of 'cruel and unusual punishments.' Amdt.
8. The Court has recognized that a 'claim that
punishment is excessive is judged not by the standards
that prevailed in 1685... or when the Bill of Rights was
adopted, but rather by those that currently prevail...
Indeed, the Constitution prohibits various gruesome
punishments that were common...
In 1976, the Court thought that the constitutional
infirmities in the death penalty could be healed; the
Court in effect delegated significant responsibility to
the States to develop procedures that would protect
against those constitutional problems. Almost 40 years
of studies, surveys, and experience strongly indicate,
however, that this effort has failed. Today’s
administration of the death penalty involves three
fundamental constitutional defects: (1) serious
unreliability, (2) arbitrariness in application, and (3)
unconscionably long delays that undermine the death
penalty’s penological purpose. Perhaps as a result, (4)
most places within the United States have abandoned its
use...
For the reasons I have set forth in this opinion, I
believe it highly likely that the death penalty violates
the Eighth Amendment."
Steven G. Breyer, JD
Associate Justice of the US Supreme Court
Dissenting opinion in Glossip
v. Gross,
supreme.justicia.com,
June 29, 2015
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"Some crimes are so heinous and inherently wrong that
they demand strict penalties – up to and including life
sentences or even death. Most Americans recognize this
principle as just...
Studies of the death penalty have reached various
conclusions about its effectiveness in deterring crime.
But... the
majority of studies that track effects over many years
and across states or counties find a deterrent effect.
Indeed, other recent investigations, using a variety of
samples and statistical methods, consistently
demonstrate a strong link between executions and reduced
murder rates... In short,
capital
punishment does, in fact, save lives."
David Muhlhausen, PhD
Research Fellow in Empirical Policy Analysis at the
Heritage Foundation
"Capital Punishment Works: It Deters Crime,"
dailysignal.com
Oct. 4, 2014
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"[T]here is not the slightest credible statistical
evidence that capital punishment reduces the rate of
homicide. Whether one compares the similar movements of
homicide in Canada and the US when only the latter
restored the death penalty, or in American states that
have abolished it versus those that retain it, or in
Hong Kong and Singapore (the first abolishing the death
penalty in the mid-1990s and the second greatly
increasing its usage at the same), there is no
detectable effect of capital punishment on crime. The
best econometric studies reach the same conclusion…
[L]ast year roughly 14,000 murders were committed but
only 35 executions took place. Since murderers typically
expose themselves to far greater immediate risks, the
likelihood is incredibly remote that some small chance
of execution many years after committing a crime will
influence the behaviour of a sociopathic deviant who
would otherwise be willing to kill if his only penalty
were life imprisonment. Any criminal who actually
thought he would be caught would find the prospect of
life without parole to be a monumental penalty. Any
criminal who didn’t think he would be caught would be
untroubled by any sanction."
John J. Donohue III, JD, PhD
Professor of Law at Stanford University
"There's No Evidence That Death Penalty Is a
Deterrent against Crime,"
theconversation.com
Aug. 8, 2015
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"We have the responsibility to punish those who deserve
it, but only to the degree they deserve it.
Retributivists do not justify the death penalty by the
general deterrence or safety it brings us. And we reject
over-punishing no less than under-punishing. How obscene
that aggravated murderers who behave well inside prison
watch movies and play softball.
Regardless of future benefits, we justify punishment
because it's deserved. Let the punishment fit the crime…
Opponents [of the death penalty] wrongly equate
retribution and revenge, because they both would inflict
pain and suffering on those who have inflicted pain and
suffering on us.
Whereas revenge knows no bounds, retribution must be
limited, proportional and appropriately directed: The
retributive punishment fits the crime…
We should only
execute those who most deserve it. And not
randomly. Refine our death penalty statutes and review
the sentences of everyone on death row. Release into
general population those who don't really deserve to
die. The rest we should execute — worst first."
Robert Blecker, JD
Professor of Law at New York Law School
"Q&A: Death Penalty Proponent Robert Blecker,”
dallasnews.com
Apr. 2014
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"No one can blame victims and their families for wanting
revenge, including through the death penalty. In their
pain and loss, they are entitled to that desire.
However, laws exist to prevent individuals from pursuing
vengeance and their own vision of justice. If they do
anyway (if, for example, a victim kills a perpetrator)
then they become perpetrators and pay the price, both
legally and morally. Although we may feel empathy with
such a victim seeking revenge, Nietzsche's warning—that
when fighting monsters you must take care not to become
one yourself—should be remembered. Killing by the state
is wrong as well, potentially even worse than killing by
an individual...
In my view, the death penalty is morally, socially and
politically wrong. Morally, killing is wrong. Killing on
behalf of a state is wrong as well. Some may believe
that the death penalty is a just and moral punishment
for the most serious of crimes; victims and their
families are morally entitled to long for revenge.
However, the
social, political and economic costs of such retribution
are, in my opinion, too high...
No national interest can justify human rights violations
such as the death penalty or torture."
Ivan Simonovic, PhD, LLM
Special Adviser to the United Nations
Secretary-General on the Responsibility to Protect
"Introduction: An Abolitionist's Perspective," in
Moving Away from the Death Penalty
ohchr.org
Aug. 31, 2015
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" Those in
support of abolishing the death penalty point to the
possibility of an innocent person being executed... The
innocent can take solace in knowing that a unanimous
jury of 12 citizens must render the death verdict after
an exhaustive trial where the accused murderer is
represented by two highly competent attorneys and
overseen by an independent judge who ensures a fair
trial.
Voters understand that the criminals on death row have
been convicted of the most heinous crimes. Voters also
realize that those left behind, grieving families
throughout California and their loved ones, don’t
deserve anything less than justice.
Justice is a reformed, not eliminated death penalty."
Michele Hanisee, JD
Deputy District Attorney for the County of Los
Angeles and President of the Association of District
Attorneys
"Justice Requires a Swift Death Penalty in
California,"
marinscope.com
Sep. 27, 2016
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"I want to get as many votes as I can to abolish this
death penalty...
[O]ver 150 people in the last few years have been taken
off death row because they were innocent. I know there
are people who want to believe that no innocent person
has ever been executed in this country. But when you
have this many people conclusively proved by DNA
evidence to be actually innocent, there is no escaping
the conclusion that innocent people have been
executed...
There are cases
where prosecutors withheld exculpatory information. They
knew that there were bogus pieces of evidence
introduced. They knew that there were defendants who
were coerced into entering a guilty plea to a crime they
had not committed."
Ernie Chambers, JD
Nebraska State Senator
Transcript of Nebraska legislature floor debate,
legislature.ne.gov
Apr. 16, 2015
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"Much of the cost, indeed, much of the criticism of the
death penalty, is attributed to 'decades of appeals.' It
is unsurprising that the loudest complaints about death
penalty delays come from death penalty opponents who
have created them...
Claimed 'cost
studies,' often performed by or at the behest of death
penalty opponents, are frequently so incomplete as to be
false and misleading. For example, they don't
take into account the increase in the cost of life
without parole cases if there were no death penalty.
Criminal defendants who are facing the death penalty —
which today must be pleaded by prosecutors up front —
often want to make a deal by pleading guilty to first
degree murder in exchange for a sentencing
recommendation of life without parole. The existence of
the death penalty as a possible sentence leads to guilty
pleas that save the money spent on trials and limit the
opportunity for appeals."
Robert B.Evnen, JD
Attorney and Co-founder of Nebraskans for the Death
Penalty
"Local View: Thoughts about the Death Penalty:
Correcting the Record,"
journalstar.com
July 11, 2015
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"One of the most common misperceptions about the death
penalty is the notion that the death penalty saves money
because executed defendants no longer have to be cared
for at the state's expense. If the costs of the death
penalty were to be measured at the time of an execution,
that might indeed be true. But as every prosecutor,
defense attorney, and judge knows, the costs of a
capital case begin long before the sentence is carried
out. Experienced prosecutors and defense attorneys must
be assigned and begin a long period of investigation and
pre-trial hearings. Jury selection, the trial itself,
and initial appeals will consume years of time and
enormous amounts of money before an execution is on the
horizon…
[A]ll of the studies conclude that the death penalty
system is far more expensive than an alternative system
in which the maximum sentence is life in prison."
Richard C. Dieter, MS, JD
Former Executive Director of the Death Penalty
Information Center
"Testimony Submitted to the Nebraska Legislature,"
deathpenaltyinfo.org
Mar. 13, 2013
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"Death penalty opponents state it is inherently unfair
and racially biased. The facts, I believe, are
otherwise...
The racial breakdown for those sentenced to death since
1977 is as follows: 48.6 percent white; 40.9 percent
black; 8.9 percent Hispanic; and 1.6 percent other.
The race of
defendants executed in the U.S. since 1976 is 56 percent
white; 35 percent black; 7 percent Hispanic; 2 percent
other.
The reason for the discrepancy in the execution rate
between blacks and whites is that juries deciding
whether to impose the death penalty have concluded in
more cases involving black defendants that there were
extenuating circumstances militating in favor of a
lesser penalty...
The American public still supports the death penalty,
notwithstanding the hammering capital punishment
receives each year... I’m glad the American public
does."
Edward Koch, LLB
Former Mayor of New York City
"Statistics Show Death Penalty Not Racist,"
newsmax.com
Sep. 27, 2011
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"There is a particular, fundamental flaw in our justice
system that other candidates appear to lack the
commitment to address -- our failed reliance on the
death penalty. This is a tragedy both because it is a
racially biased punishment, and also ineffective in
deterring crime...
Our nation's legacy of slavery and racial injustice find
continued offense in our use of the death penalty. Our
death row population is more than 40% black -- nearly
three times the proportion of the general population.
Reforming our criminal justice system to save and redeem
more lives is not as simple as changing just one thing.
But we should be able to admit that we must do more of
what works to save lives, and we should stop doing
things that do not work.
As a prosecutor, I saw that the death penalty's racial
legacy could not be excused or explained away -- and
that too many innocent lives were being taken by this
profoundly flawed practice.
So I decided to fight for the death penalty's repeal."
Martin O'Malley, JD
Former Governor of Maryland
"Why the Death Penalty Needs to Go,"
cnn.com
Nov. 6, 2015
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"Whatever your feelings are toward the death penalty, one
thing most people will never know is the pain experienced
when a family member, or in my case, family members are
brutally tortured and murdered.
In 1984, my mother, sister and two nephews were
cold-heartedly shot to death by an 18-year-old gang member
named Tiqueon Cox...
Tiqueon was sentenced to death by a jury of his peers and
has been on death row for 30 years after exhausting all of
his appeals at both the state and federal level... Cox,
while on death row, attempted a violent takeover of the
Super Max Adjustment Center at San Quentin with a goal to
kill as many guards as possible.
I urge a no vote on
Prop. 62 and yes on Prop. 66 to ensure the worst of the
worst killers receive the strongest sentence. A yes on Prop.
66 brings closure to families while saving California
taxpayers millions of dollars every year."
Kermit Alexander
Former NFL player and President of the NFL Players
Association who lost his mother, sister and two nephews
when they were murdered in 1984
"Letters to the Editor, Oct. 1,"
sfchronicle.com
Sep. 30, 2016
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"To me, the death penalty also is something else — a sad
reminder of how our justice system typically offers
punishment instead of healing for the survivors of violent
crime…
For a growing number
of victims of violence, the thought of honoring our loved
ones by killing another human being is not only
counter-intuitive, but abhorrent. Perhaps more than
others, I understand acutely that an execution would just
visit pain on another family.
Moreover, the death penalty typically brings the opposite of
what survivors of crime most need: accountability, healing
and closure…
The death penalty also keeps us stuck in an angry stage of
grief. The death penalty requires all of us, victims and
spectators alike, to actively summon feelings of hatred and
contempt in order to justify the murder of another human
being. I have felt all of those things at various times
towards my sister’s killer…
While not all murder victim family members feel this way,
many of us do. For all these reasons, I say to prosecutors
who seek the death penalty: Not in my name."
Tanya Coke, JD
Senior Program Officer for Criminal Justice at the Ford
Foundation and the sister of a murder victim
"Death Penalty Punishes Survivors Like Me: Column,"
usatoday.com
Aug. 28, 2016
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"The next urban legend is that of the threadbare but
plucky public defender fighting against all odds against
a team of sleek, heavily-funded prosecutors with
limitless resources. The reality in the 21st century is
startlingly different... the past few decades have seen
the establishment of public defender systems that in
many cases rival some of the best lawyers retained
privately... Many giant silk-stocking law firms in large
cities across America not only provide pro-bono counsel
in capital cases, but also offer partnerships to lawyers
whose sole job is to promote indigent capital defense."
Joshua Marquis, JD
District Attorney of Clatsop County, Oregon
"The Myth of Innocence,"
Journal of
Criminal Law and Criminology
Mar. 31, 2005
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"Perhaps the most important factor in determining
whether a defendant will receive the death penalty is
the quality of the representation he or she is provided.
Almost all defendants in capital cases cannot afford
their own attorneys. In many cases, the appointed
attorneys are overworked, underpaid, or lacking the
trial experience required for death penalty cases. There
have even been instances in which lawyers appointed to a
death case were so inexperienced that they were
completely unprepared for the sentencing phase of the
trial. Other appointed attorneys have slept through
parts of the trial, or arrived at the court under the
influence of alcohol. The right to an attorney is a
vital hallmark of the American judicial system. It is
essential that the attorney be experienced in capital
cases, be adequately compensated, and have access to the
resources needed to fulfil his or her obligations to the
client and the court."
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"We expect physicians to offer comfort care to the
dying, even if the treatment, like morphine to dampen
end-stage cancer pain, will inevitably hasten death.
These physicians are not killing their patients; they
are comforting them in their final moments of life...
Death row inmates have certain parallels to dying
patients. Death is coming. A physician can do nothing to
change that. All that can be offered is professional
care during the final moments of life. And that should
be of comfort to the condemned...
The idea that physicians may participate in executions
does not mean that they must do so. But it should be an
option for those who believe that they have a duty to
ease suffering and that this duty includes caring for
those who will die at the hands of the state...
Physician involvement in lethal injection can make
capital punishment less grotesque, more palatable, and
even routine. But so long as the state uses the tools of
the physician to kill its citizens, those who wish to
step in to ensure that executions are, at the very
least, competently handled should have the option to do
so. Anything else is death penalty politics at the
expense of the condemned. And no matter where you come
out on capital punishment, no one should be sentenced to
a botched execution."
Kenneth F. Baum, MD, JD
Partner at Goldman Ismail Tomaselli Brennan & Baum,
LLP
Julie Cantor, MD, JD
Attorney Of Counsel at Goldman, Ismail, Tomaselli,
Brennan & Baum, LLP
"Doctors Can Ease Suffering, Even in Executions,"
nytimes.com
Apr. 30, 2014
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"No matter how one feels about capital punishment, it is
disquieting for physicians to act as agents of the state
in the assisting, supervising or contributing to a
legally authorized execution. Physicians are
fundamentally healers dedicated to preserving life when
there is hope of doing so. The knowledge and skill of
physicians must only be used for care, compassion and
healing. To have the state mandate that physician skills
be turned against a human being undermines a basic
ethical foundation of medicine – first, do no harm.
The American Medical Association is troubled by
continuous refusal of states to acknowledge the ethical
obligations of physicians that strictly prohibit
involvement in capital punishment. The AMA's policy is
clear and unambiguous – requiring physicians to
participate in executions violates their oath to protect
lives and introduces deep ambiguity into the very
definition of medical care.
Oklahoma and other states that continue to authorize
lethal injections must honor the well-established
principle of medical ethics that prohibits physician
participation in capital punishment."
Ardis Dee Hoven, MD
Chair of the World Medical Association
"State Mandates for Physician Participation in
Capital
Punishment Violate Medical Ethics,"
ama-assn.org
May 2, 2014
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