Discussion on Capital Punishment: Examining Its Strengths & Weaknesses

This essay provides a comprehensive discussion of capital punishment, examining its strengths and weaknesses. It begins by defining capital punishment and highlighting its controversial nature, particularly in the United States. The essay presents arguments in favor of capital punishment, such as retribution and deterrence, while also critically analyzing these points. The essay then delves into the weaknesses of capital punishment, emphasizing the value of human life, the risk of executing innocent people, and racial disparities within the justice system. Drawing on various sources and studies, including reports from ProPublica, The Guardian, and the NAACP, the essay argues that capital punishment is against universal principles of humanity and should be banned. It also discusses the failure of rehabilitation programs, the high costs associated with maintaining prisons, and the trauma inflicted on families and communities. The essay concludes that the weaknesses of capital punishment outweigh its strengths, advocating for its abolition.

Running head: DISCUSSION ON CAPITAL PUNISHMENT
DISCUSSION ON CAPITAL PUNISHMENT
Name of the student
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DISCUSSION ON CAPITAL PUNISHMENT
Introduction
Capital punishment refers to the practice of executing those who have been found guilty
by the court for a crime. Only the state has the authority to execute someone as punishment. In
the recent years however, this form of punishment especially in the United States has been a
topic of discussion and controversy. While some opine that capital punishment makes the
judiciary strong and should be used against the guilty people, others are against it arguing that it
is brutal and against morality.
Those arguing in favor of capital punishment state that people need to suffer for their
wrongdoing and it is the best way to do it. This would also warn others from committing any
crime. Arguments against capital punishment involve value for human life and the right to live
for people, which is scrapped away from the people because of capital punishment. In addition,
they also argue that capital punishment often claims the lives of innocent people.
The aim of this essay is to discuss both the strengths and weaknesses of capital
punishment. The essay will first provide the strengths of capital punishment and then delve upon
its weaknesses. Based on the sources available and readings, the essay will present argument
opposing capital punishment. Capital punishment is against the universal principles of humanity
and hence, it must be banned or made illegal. The punishment does not provide justice to the
victims rather it mocks justice as taking lives for a crime gives rise to another crime itself.
Discussion
Strengths of capital punishment

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Capital punishments are often viewed as a form of retribution for families who have been
affected by the crime. The basic argument behind retribution is that each individual who is guilty
of a crime deserves the punishment. The guilty person deserves to be punished as per the
brutality of the crime committed. According to those who support this argument, real justice is
only delivered when the wrongdoers are made to suffer.
Chalfin, Haviland and Raphael (2013) argue, capital punishment brings out the
conscience in the perpetrators and sets an example for others so that they do not commit the
same crime. Deterrence is one of the vital strengths of capital punishment. However, it is most
effective when the verdict takes little time and the punishment happens quickly. Some
proponents even support capital punishment even if it does not deter future crimes. According to
them, executing murderers without any deterrent effect is far better than setting them free and
deter any criminal.
It is true that capital punishment does not rehabilitate the convicts and allow them to
return to society, it does give them a chance to remorse. A report published in ProPublica details
the incidences of violence that led to many people especially children experience post traumatic
stress disorder (PTSD). As per the report, the children exposed to violence such as gun violence
and riots at a young age are most likely to develop PTSD (Propublica.org, 2018). The proponents
of capital punishment also give account of such incidences to support capital punishment as that
would allow young children to have a normal life in their neighborhood without being exposed
to violence. In addition, it would also make sure that those committing the crimes are given the
chance to repent.

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DISCUSSION ON CAPITAL PUNISHMENT
Capital punishment makes sure that the offence or crime is not committed again as the
one who did it would no longer roam free. Cases have been there where those escaping prison
have committed the crimes again and hence, capital punishment is required to avoid such
incidences further.
Those supporting the capital punishment also argue that it gives closure to the families of
the victims who suffer due to the loss their loved ones.
In many countries, plea bargaining is used to reduce the sentence of those serving in
prison in exchange of helping the police. When the convict is on a death row, the chances are
stronger to reduce to much lesser sentence through providing help to the police.
Weaknesses of capital punishment
As compared to the strengths however, capital punishment has more weaknesses that
shall be discussed to prove that it is against the universal principle of humanity. At first, it would
be beneficial to argue against the strengths as put forward in the above section. Supporters of
capital punishment claim that capital punishment provides retribution. To this, it should be
argued that capital punishment seems more of a vengeance than retribution and hence, it is a
doubtful concept.
The proponents of capital punishment then put forward the argument that capital
punishment provides an opportunity to the perpetrators to rehabilitate so that they could express
remorse and repent. However, it is a feeble reason to support capital punishment. Further,
programs such as the Prison Industry Enhancement Certification Program (PIE) to create
employment opportunities for prisoners thus helping them rehabilitate has been met with
criticism. In a report published in The Guardian, the PIE program has anything but helped the

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inmates rehabilitate. It has rather proved to be a profit-making platform for corporations who do
not shy away exploiting the captive labor-force (Walshe, 2018). The prisoners are made to work
in harsh conditions without enough facilities. Therefore, the argument that capital punishment
provides rehabilitation to offenders turns out mostly to be a myth.
Global Research, a center for research on globalization published similar findings
regarding the rehabilitation scheme of prisons in the US. According to their research,
approximately two million inmates are there in the US that includes state, federal and private
prisons. These inmates, comprising mostly of Hispanics and Black, are made to go through harsh
conditions in the name of rehabilitation. The big industries and business tycoons find it
extremely profitable, as they have to invest a pittance in exchange of huge workforce. The
Global Research study further revealed that 97% of over 120,000 federal inmates are given
capital punishment for non-violent crimes. In addition, “more than half of the 623,000 inmates in
municipal or county jails are innocent” (Globalresearch.ca, 2018). It is thus clear that most of the
people are given capital punishment just for the big industries to make profit that ultimately
profits the prison authorities.
Another instance of failure of rehabilitation to offenders could be found in the report of
the Riots Communities and Victims Panel published in The Guardian. The report stated that the
riots that had happened in 2012 in the United Kingdom, “were fuelled by failure of the justice
system to rehabilitate offenders, materialism and suspicion of the police” amongst other factors
(Bawdon, 2018).
Those in favor of capital punishment also argue that it would prevent individuals from
committing the offence again. It is however important to note that preventing re-offending does

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not need capital punishment as it could be done with the life-imprisonment without parole as
well. A study by The Pew on the Center States has found that “offenders, just like everyone else,
respond better to the prospect of rewards than to the fear of punishment” (Michigan.gov, 2018).
The study further recorded the statements by state officials regarding capital punishment and
most were found expressing views against it. To give an example, Tom Jensen, former Kentucky
State Senator stated, “If you just throw everyone in jail, it is terribly expensive and they get out
and they are in the same boat” (Michigan.gov, 2018). This statement reveals another fact that
proves capital punishment wrong. Imprisoning a great number of offenders strains the financial
system of the country as the costs to maintain these prisons increase.
The next claim capital punishment supporters make is that it provides justice and closure
to the families of the victims, which is a complete insubstantial argument. The reason is that
many families do not feel the same. The reaction of every family differs, as some would not want
to see witness another death to find closure.
Capital punishment traumatizes people and hurts families and communities. It has been
found that capital punishments and especially the flawed reforms and laws traumatize a large
number of incarcerated people. In order to change the situation, the American Civil Liberties
Union (ACLU) started a campaign with the banner ‘Campaign for Smart Justice’ (Aclu.org,
2018). The campaign aimed to work in all the fifty states to bring about reforms that would start
a new era of justice in the US. The chief goal of the campaign is to lessen the number of inmates
as well as prisons. It also aims to bring change in the prosecutorial reforms because most
prosecutors “work towards convictions, not justice” (Aclu.org, 2018).

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It is clear that the strengths of capital punishment as put forth by the supporters are not
strong enough to show that it is the best thing to do. Capital punishment has major flaws and
weaknesses that shall be further discussed below.
Capital punishment does not value human life. Punishing someone who has committed
murder with death devalues the punishment. Kolbert (2017) views that life must be preserved
unless there is a strong reason not to do so. The author further argues that it is up to the
supporters of capital punishment to justify their stance. Sentencing someone for capital
punishment without even going deep into the case has been a trend in the US particularly. As of
2018, the US prisons hold more than two million people for crimes not essentially severe. In fact,
many people are locked up in jails before trial even. In the US, around 540,000 people are
detained prior to any trial, which is the highest in any country in the world (Rabuy, 2018).
Evidence of racial disparities in awarding capital punishment in the US is also in abundance. The
National Association for the Advancement of Colored People (NAACP) finds that in almost all
the states across US, “African Americans are disproportionately represented on death row and
among those who have been executed”. While the percentage of black people in the total
population is only 13%, it rises to 42% when it comes to people on death row and 35% of those
executed.
Another major weakness of capital punishment is that it often results in the execution of
innocent people. A news article published in Newsweek in the year 2014 shared a report that
revealed scary facts about the execution of capital punishment convicts. It revealed that one in
every 25 convicts executed turn out to be innocent. Titled, ‘Rate of False Conviction of Criminal
Defendants Who Are Sentenced to Death’, the study also found that in the last four to five
decades, “more than half of the innocent people were sentenced to death and untold number of

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those have been executed” (Newsweek.com, 2018). Innocent people on death row, even if they
were released after their innocence is proved, would have gone through unexplainable ordeal.
These statistics and facts pose a serious question whether capital punishment is necessary or
should be banned. The figures of innocent people executed in terms of race alarms further
warning bells for those supporting capital punishment. In the US, almost all major studies have
found that black people have been awarded capital punishment much more than white people. In
the years from 1973 to 2018, around 160 people who were awarded capital punishment were
later declared as innocent. In the same period, around 1150 people were executed, which leads to
the alarming fact that more than one people were exonerated out of every ten people executed
(NAACP). The case of Troy Davis, who was executed through electrocution in Georgia in 2011,
is a great example of injustice due to capital punishment. Troy was executed despite
overwhelming evidences that proved his innocence (Pilkington, 2018).
Next, capital punishment supporters state that it deters future crimes from being
committed by setting an example for others. A look at the statistics makes this point invalid, as
almost 90% of the criminologists have found that capital punishment is not an effective
deterrent. In a study conducted by Michael Radelet and Traci Lacock, professors at the
University of Colorado, it was revealed that 88% of criminologists rejected the view that capital
punishment reduces or deters crime (Deathpenaltyinfo.org, 2018). Further, it is not acceptable
that capital punishment be used as an example to set for others so that no crime in the future is
committed. Deterrence thus turns out to be a flawed concept in terms of morality.
One of the most visible weaknesses of capital punishment is that it brutalizes the
individual, which in turn brutalizes the society. Statistics on the increase in murder rates in the
US reveal that states with death penalty witness more cases of murders than states where capital

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punishment is not practiced. As per the 2010 reports on the rate of murders of FBI Uniform
Crime Report published by Death Penalty Information Center, states where death penalty has
been abolished registered 4.01% murder rate per 100,000 people (Deathpenaltyinfo.org, 2018).
On the other hand, states where death penalty is still practiced, the murder rate are 5%. In
addition, the statistics reveal that in 1990, the gap between the murder rates in death penalty
states and non-death penalty states was 4%, which increased to 25% in 2010
(Deathpenaltyinfo.org, 2018).. It is thus evident that as opposed to the view that capital
punishment deters future crime, it in fact increases the criminal tendency in people.
Racial, economic and other factors play a huge role in the opposition of capital
punishment. It is of great importance that these factors are taken into consideration while
opposing capital punishment. As discussed above, racial disparities are evident in the awarding
of capital punishment. In the US, 80% of defendants sentenced to death belonged to black, Asian
and Latino community. Out of the 80% awarded death sentence, 57% were black
(Deathpenaltyinfo.org, 2018). This shows that when it comes to awarding capital punishment to
black people killing white people, the rate is very high.
Conclusion
The debate whether capital punishment should be banned or it should continue is still
ongoing despite ample evidence against it. As evident from the above discussion, capital
punishment has more weaknesses than it has strengths. It ultimately reveals that capital
punishment should be opposed in all its forms and should not be encouraged at any cost. The
essay provided a detailed analysis of the pros and cons of capital punishment using data and
statistics from various sources. The analysis found that several factors contribute towards the

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awarding of capital punishment to people. Race is the most dominant factor, as found in the
essay, in cases where capital punishment is awarded especially in the United States. In addition,
it has also been found that those claiming that capital punishment is necessary as it give
rehabilitation opportunity to convicts, do not know the underlying corruption. Most jails in the
US are in the profit-making business of sorts through the inmates. These inmates are forced to
work under harsh conditions for big industries in the name of rehabilitation. It has also been
found that capital punishment does not deter crime; instead, it increases the rates of murders. It is
however recommended that further research into the racial factors influencing capital
punishment be conducted to learn about the weaknesses of it.

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References:
Aclu.org. (2018). Smart Justice. Retrieved from https://www.aclu.org/issues/smart-justice?
redirect=safe-communities-fair-sentences/prison-crisis
Bawdon, F. (2018). Verdict on UK riots: people need a 'stake in society', says report. Retrieved
from https://www.theguardian.com/uk/2012/mar/28/verdict-uk-riots-stake-society
Chalfin, A., Haviland, A. M., & Raphael, S. (2013). What do panel studies tell us about a
deterrent effect of capital punishment? A critique of the literature. Journal of
Quantitative Criminology, 29(1), 5-43.
Deathpenaltyinfo.org. (2018). 2016 Sentencing | Death Penalty Information Center. Retrieved
from https://deathpenaltyinfo.org/2016-sentencing
Deathpenaltyinfo.org. (2018). Deterrence: States Without the Death Penalty Have Had
Consistently Lower Murder Rates | Death Penalty Information Center. Retrieved from
https://deathpenaltyinfo.org/deterrence-states-without-death-penalty-have-had-
consistently-lower-murder-rates
Deathpenaltyinfo.org. (2018). Study: 88% of criminologists do not believe the death penalty is
an effective deterrent | Death Penalty Information Center. Retrieved from
https://deathpenaltyinfo.org/study-88-criminologists-do-not-believe-death-penalty-
effective-deterrent
Globalresearch.ca. (2018). The Prison Industry in the United States: Big Business or a New
Form of Slavery? - Global Research. Retrieved from http://www.globalresearch.ca/the-
prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289

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DISCUSSION ON CAPITAL PUNISHMENT
Kolbert, E. (2017). Why facts don’t change our minds. The New Yorker, 27(2017), 47.
Michigan.gov. (2018). State of Recidivism April 2011 The Revolving Door of America’s
Prisons. Retrieved from
https://www.michigan.gov/documents/corrections/Pew_Report_State_of_Recidivism_35
0337_7.pdf
Newsweek.com. (2018). One in 25 Sentenced to Death in the U.S. Is Innocent. Retrieved from
https://www.newsweek.com/one-25-executed-us-innocent-study-claims-248889
Pilkington, E. (2018). Troy Davis executed after supreme court refuses last-minute reprieve.
Retrieved from https://www.theguardian.com/world/2011/sep/22/troy-davis-execution-
goes-ahead
Propublica.org. (2018). The Best Reporting on PTSD in Children Exposed to Violence —
ProPublica. Retrieved from https://www.propublica.org/article/the-best-reporting-on-
children-with-post-traumatic-stress
Rabuy, P. (2018). Mass Incarceration: The Whole Pie 2017. Retrieved from
https://www.prisonpolicy.org/reports/pie2017.html
Walshe, S. (2018). How US prison labour pads corporate profits at taxpayers' expense | Sadhbh
Walshe. Retrieved from https://www.theguardian.com/commentisfree/2012/jul/06/prison-
labor-pads-corporate-profits-taxpayers-expense