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IntellectualLoafing.com: The Death Penalty - A Balanced Debate. An even two-sided essay covering all the major issues including discrimination, deterrence, life without parole and the risk of executing the innocent. Concludes with a series of questions enabling readers to reach their own logical opinion.

 

The Death Penalty - A Balanced Debate

Section Three

• Cost
• Conclusion
• Facts About The Death Penalty
• The Death Penalty in the US

 

Section One:

• Introduction, Discrimination and Arbitrariness, Christian Catechism, Sanctity of Human Life

Section Two:

• Purpose of Punishment, Deterrence, Death Penalty Vs. Life Without Parole, Risk of Executing The Innocent

Cost

Although many people will say cost should play no part in a basically moral debate, as I stated at the beginning of this essay, we must decide if the death penalty is the most practical sentence for capital murder and cost is very much a part of practicalities. The budget for crime fighting is always limited and should therefore be spent in the most efficient way. The cost of enforcing the death penalty must be compared with it’s best alternative; that of LWOP. The Death Penalty Information Center has furnished me with these reports and quotes:

The most comprehensive study carried out in the U.S. found that the death penalty costs North Carolina $2.16 million per execution over the costs of a non-death penalty murder case with a sentence of imprisonment for life (Duke University, May 1993.) On a national basis, these figures translate to an extra cost of over $1 billion dollars spent since 1976 on the death penalty

In Texas, a death penalty case costs an average of $2.3 million, about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years. (Dallas Morning News, March 8, 1992).

"Elimination of the death penalty would result in a net savings to the state of at least several tens of millions of dollars annually, and a net savings to local governments in the millions to tens of millions of dollars on a state-wide basis." --Joint Legislative Budget Committee of the California Legislature, Sept. 9, 1999 (The Catalyst, 2/22/00)

 

It seems clear that the death penalty is a more expensive option than LWOP, which begs the question of whether it is money well spent. Could a more effective deterrent be created by spending the money saved, by not pursuing the death penalty, on increasing the effectiveness of the other two parts of any deterrent; the probabilities of the capture and conviction of the guilty? The money could also be spent on improving the security of prisons, education or any other crime reduction program.

 

Conclusion

I would now like to draw together all the arguments in this debate. I repeat that I believe, of all the arguments covered in this essay, that the possibility for the discriminatory use of the death penalty, the possibility of parole (for both can be removed) and Christian doctrine (unless as your source of morality) are irrelevant to this debate.

 

The first two questions that must be answered are, I believe, purely personal: 

Does the state have the moral right to execute anyone?

Is LWOP a morally wrong (i.e. too weak) punishment for capital murder?

If the answer is yes to either of the above questions, you must consider the morality of the literal application of “an eye for an eye” to every crime and the consequences of that. If your answer is no to both, you must be able to provide a clear distinction between execution and other forms of killing that you may, morally, believe to be right; the inevitable killing of innocent civilians during war or in self-defence, for example.

 

A third, personal, moral question is:

Does the state have the moral right to risk executing somebody who is innocent?

Again, if you answer no to this question distinctions must be made between execution and other forms of state condoned killing and indeed, a no also begs the question: Does the state have the moral right to risk the incarceration or subjection to any type of punishment of somebody who is innocent?

 

If your answers to the above questions are not yes, no and yes respectively the death penalty debate ends here through simply moral beliefs. If, however, you believe that the state has a moral right to execute some criminals even with the possibility of innocence but also that it can waive that right without being morally wrong then you must also consider the practicalities. The practicalities are as follows:

 

Deterrence/Brutalisation: Despite documented cases of individual deterrence, no conclusive evidence exists for either effect. In a survey of 67 current and former presidents of the American criminology societies none of them believed that: “The death penalty significantly reduces the number of homicides”.

 

Execution of the innocent: No proven cases. 65 people previously sentenced to death have been ‘declared innocent’ since 1973. The possibility of executing innocent people does exist but is clearly small.

 

Incapacitation:This cannot be argued for by using crimes a criminal is yet to commit but only if, morally, you believe he has forfeited his right to live and should not be given the chance to do any further harm. In the latter case, deciding against the death penalty becomes a matter of risk. If a man lives, he can commit crimes, but the prison service can be improved to reduce his opportunity. Unfortunately the number of crimes committed by convicted murderers who would have received the death penalty, if it had been an option, while in prison or escaped is unavailable. (Information on crimes committed by inmates would be appreciated)

 

Cost It is estimated that in the U.S. an extra $2 million per case is spent in securing the death penalty instead of LWOP.

 

We now have two more questions:

Are the benefits of absolute incapacitation and deterrence outweighed by the possibility of executing innocent people and the harm done from living in a society that does deliberately kill defenceless people?

And even if the above is not true can the money saved by not having a death penalty be used in a different way to produce a more favourable result?

 

An answer of no to both of these questions is required if one is to support the death penalty.

 

We must also ask whether we are willing to accept the inherent problems of inequality in any justice system when the sentence being considered is death and not imprisonment. One final question:

 

How far is it possible to view criminals as men subject to the frailties and depravities of human nature without undermining our system of justice and sacrificing our moral beliefs?

 

 

End of Section Three and of the essay. View Section One. View Section Two.

View this essay as one page or have it e-mailed to you.

The references for this essay can be found on the Useful Links page.

View facts on the death penalty in general or in the US specifically.

 

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Facts About The Death Penalty

 

The number of abolitionist and retentionist countries as of April 1, 2000:

Abolitionist for all crimes: 73
Abolitionist for ordinary crimes only: 13
Abolitionist de facto:  at least 22

TOTAL-Abolitionist in law or practice: 108

Retentionist Countries: 87

 

In 1998, there were 1,625 known executions in 37 countries, 80% of which took place in China (1067), the Democratic Republic of Congo (100), the USA (68) and Iran. Because these figures include only documented cases; the true figures are likely to be much higher. (Source: Amnesty International)

 

 

The Death Penalty in the US

 

As of June 1, 2000, the Death Penalty was authorized by 38 states, the Federal Government, and the U.S. Military. Those jurisdictions without the Death Penalty include 12 states and the District of Columbia. (Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin).

 

US EXECUTIONS SINCE 1977 (as of June 1, 2000):638 (1999 : 98)

Sentenced to Death 1973 - Jan 1, 1999	Executed	Died	Death Sentence
			Vacated on Appeal	Commuted
6,431	500 (7.8%)	180 (2.8%)	2,124 (33.0%)	146 (2.3%)

As of April 1, 2000, 3,679 inmates were awaiting execution on Death Row in the U.S..

 

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