There are several issues that consistently cause debate and disagreement among people, one of the most controversial is the institution of capital punishment. Capital punishment has been used all around the world and has taken on many different forms. Most commonly today in the U.S. the means of inflicting death upon criminals are; lethal injection, electrocution or the gas chamber (Microsoft Encarta 2004). People on each side of this heated debate draw from many of the same arguments surrounding the death penalty and conclude that their viewpoint is the correct way to view the situation. In actuality it is not easy to pick a side because the lines are often blurred and many of the arguments seem to blatantly contradict the other side with no concrete support either for or against the practice of capital punishment. “Opponents of capital punishment see the death penalty as a human rights issue involving the proper limits of governmental power…those who want governments to continue to execute tend to regard capital punishment as an issue of criminal justice policy” (Microsoft Encarta 2004). In sifting through the opinions, positions and contradictions around the death penalty the most prominent issues abounding are that of:

1. The effectiveness of capital punishment as a deterrent of crime.
2. The discrimination surrounding capital punishment.
3. The possible innocence of those sentenced to death and why it is necessary to risk the life of a potentially innocent person.

Each of these issues are key to both sides of the argument surrounding the controversial debate over the death penalty. In assessing the ideas on both sides it is possible to come to an informed conclusion as to whether the death penalty is a necessary punishment that should continue to be implemented or an archaic and brutal practice that has become obsolete and unnecessary in our advancing society.

One central argument to both sides is the position that capital punishment deters crime, that is that by killing those who commit horrific crimes it may stop future crime from occurring. Those in support of the death penalty state that it does, in fact, deter possible criminals from performing some of the most severe crimes, such as murder. According to the article, “Deterrence: In Support of the Death Penalty,” those who are in support of the death penalty also realize its limitations and relate that “punishments which are swift and sure are the best deterrent.” this is supported by Cesare Beccaria in his Essay on Crimes and Punishments, he states that “the certainty of punishment, rather than its severity, was a more effective deterrent” (Microsoft Encarta 2004). Drawing from the same article, those who believe in capital punishment often refer to the studies of Isaac Ehrlich who concluded that for every inmate that was executed seven lives were saved due to the deterrence that occurred, hindering others from committing murder in fear of a similar fate. Finally the ultimate act of deterrence of criminal activity lies with the murderer, by ceasing to be they also cease to perform any other murders or participate in any crimes.

Those on the opposing side also argue the potential of the death penalty to be an effective deterrent of crime. To them life in prison is just as affective because it is a set punishment that is carried out frequently, is posses a certain threat to those who commit crimes whereas the death penalty might only effect a person who is contemplating a more serious crime. Another valid argument is one suggested by William Bowers, he claims that, “society is brutalized by the use of the death penalty, and this increases the likelihood of more murder” (Deterrence: In Opposition to the Death Penalty, n.d.). Another very important note to this argument is that the Ehrlich studies have been discredited and little support can be proven as to the effectiveness of capital punishment as a deterrent of crime. “Amnesty International claimed the death penalty had never been proven to deter crime, had been inflicted on innocent people, and violated the most fundamental human right—the right to life” (Microsoft Encarta 2004).

Another interesting aspect of this debate is the way each position uses figures and generalizations to manipulate others into believing something, the so-called facts don’t always speak for themselves and quite frequently it is difficult to ascertain what facts are reliable and which ones have been altered to prove a position. There is no clear cut way to answer the question, “is the death penalty racist?” because there are very specific ways one can word a statistic to have it speak in their favor. Thomas Eddlem (2002) brings these discrepancies to attention, and while he is in support of the death penalty he brings up arguments from the other side and refutes them with what he presents as reliable facts. On the topic of racism Eddlem (2002) claims that;

Because most murders are intra-racial (white murderers mostly kill other whites and most blacks kill other blacks), imposing the death penalty more frequently on white murderers means that killers of white people will more likely be executed.

This is an important statement considering those in opposition to the death penalty often claim that, “the imposition of the death penalty is racially biased: Nearly 90% of persons executed were convicted of killing whites,” (National Coalition to Abolish the Death Penalty n.d.) this only makes sense when considering that during 1976 and 1999 the majority of inmates who received the death sentence have been white, while the percentage of whites committing murder were only 46.5% compared to the 51.5% of black who committed murder. Also there is a difference in the number of minorities on death row versus the number of them who are actually executed compared to their white counterparts. In the year 2000, 49 of the 85 people put to death were actually whites, meaning that whites accounted for over half of the actual death sentences carried out (Eddlem 2002).

Why would we as a society be motivated to kill a violent murderer? Many on the defensive side claim the right to act in retribution, they state that society requires that those who take the life of another must die, this practice has been employed in this country since it began and has also been used widely throughout the world. Those in opposition would argue that many countries have ceased to use this form of punishment, leaving the U.S. in a pre-enlightened state of archaic ritualism.

Perhaps one of the most compelling arguments against the use of capital punishment is the risk we take my sentencing potentially innocent men and women to death along with deserving criminals. “Since 1973, at least 121 people have been released form death row after evidence of their innocence emerged,” (Innocence: In Opposition to the Death Penalty) this article also stresses that:

Wrongful executions are a preventable risk. By substituting a sentence of life without parole, we meet society’s needs of punishment and protection without running the risk of an erroneous and irrevocable punishment. This debate will never be solved as it involves much more that facts and statistics, it includes; personal opinions, religious beliefs and even the occurrence of situations in a person’s life, their own experiences.

I believe that there are good reasons for and against the use of the death penalty, personally I say it is necessary in certain cases such as Timothy McVeigh, the man responsible for the Oklahoma City bomber or Theodore Kaczynski the Unabomber, who both killed many people maliciously and without any remorse. I believe those who commit heinous, meditated crimes should be punished very severely, sometimes they deserve death, but crimes of passion would better be dealt with by imprisoning them for life. The main qualm I have with capital punishment is the rate of wrongful conviction and death sentencing, “for every eight people executed, we have found one person on death row who never should have been convicted” (Innocence). I believe this issue is profoundly shaped by social factors, it is a refection of the culture we live in and it also reflects us as individuals, our morals, religious beliefs and personal experiences. Through researching and writing this paper I have acquired a much larger basis of understanding of this issue and my attitude towards it has changed profoundly. I feel now that I need more information to make an informed decision so I am not ready to present any arguments to my feeling about this controversial subject of capital punishment, my position now is that all sides of an argument must be evaluated in order to reach an informed conclusion.

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