The Death Penalty:
Not Immoral and Serves Society’s Interests
Ariko Inoue
Lewis & Clark College
AES 220-01
December 13th, 2006
In recent years, the issue of the death penalty has been debated around the world. As the acceptance of the death penalty is different from country to country, people’s opinions are also extremely divided. Some people disagree with the death penalty arguing that there is the potential to kill innocent people if they are mistakenly convicted. However, this argument cannot be a reason to abolish the death penalty because what executes innocent people is not the death penalty, but is the mistaken judge or jury, or a careless investigation. In addition, recent DNA technology can help minimizing such mistakes and make trial fairer. Therefore, there is no need to abolish the death penalty. Moreover, the death penalty is effective to prevent potential murderers from committing crimes. There is no adequate substitute for the death penalty because life imprisonment, which opponents favor as an alternative, provides unacceptable advantages for the murderer. In terms of whether the penalty fits the crime, the death penalty is just for some serious crimes and murderers have to accept it as retribution for the victim and the victim’s family.
Heated public debate on capital punishment often centers on questions of the execution of innocent people. Opponents of the death penalty warn that innocent people could be executed if they are mistakenly convicted or unfairly sentenced. Certainly, we cannot affirm that there is no potential of killing innocent people in such cases. It is true that the judicial system sometimes makes mistakes and eighty-seven death row inmates have been released since 1976 because new pieces of evidence were found (Lee, 2004). This is an intolerable fact because they might have been executed if the new evidence had not been found. However, even though there are such risks, it is not true that they can be blamed on the system of the death penalty. What executes innocent people is not the death penalty, but is the mistaken judge or jury, or a careless investigation. Therefore, the responsibility is to have more sufficient investigation and a more effective and impartial judicial system. The need for reform is not a reason to abolish the death penalty. Indeed it could be argued that the possibility of a death sentence could be a motivating factor in improving the investigation and judicial problem.
In addition, recent use of advanced DNA technology has contributed to minimizing the risk of executing innocent people. Since the mid-1980’s, DNA testing in the criminal justice system has been available and the present-day method has become more effective and more reliable allowing for the use of smaller samples and a shorter time for returning results (Logli, 2006). It is reported that there have been 111 people who were released from custody while awaiting the death penalty because DNA evidence proved their mistaken convictions and their innocence (Montaldo, 2006). Increasingly, the use of DNA technologies has resulted in eliminating suspects and releasing innocent people. Because there is a powerful weapon for preventing mistaken convictions, there is no need to abolish the death penalty. While DNA evidence can save innocent people, the death penalty can execute true offenders. Therefore, the justice system can become fairer and more effective with both DNA evidence and the death penalty.
As mentioned before, some people against the death penalty disagree that the death penalty is an effective way of dealing with crime. However, such a view is wrong. The truth is that the practice of the death penalty is not only a punishment against the murderer but also becomes a threat against any person who is planning to kill someone. Statistics in the U.S. show that the number of murders has increased in inverse proportion to the number of executions (Lowe, 2006). According to these statistics, there were 56 executions and 9,140 murders in 1960. By 1964, there were only 15 executions and 9,250 murders. Between 1965 and 1980, when executions had been suspended, the number of murders increased dramatically from 9,960 to 23,040 (Lowe, 2006). From these statistics, it is clear that when more executions were implemented, fewer murders occurred. It was highly possible that the deterrent effect had worked well before the death penalty was suspended.
According to Ernest van den Haag, a Professor of Jurisprudence at Fordham University, who has continued the close study of the impacts of deterrence, the death penalty could act as deterrence more than other punishments because what people fear most is death (cited in Michigan State University and Death Penalty Information Center, 2000). He says, “whatever people fear most is likely to deter most” (cited in Michigan State University and Death Penalty Information Center, 2000). When people face a threat of death, they naturally avoid whatever dangerous environments or situations exist, whether it be a furious storm, hoodlums in the street or disordered places. Like this, people will be dissuaded from engaging in dangerous activities or from murdering someone, which might cause them the death penalty. Therefore, it is reasonable to think that the death penalty prevents future crimes (Lowe, 2006).
Moreover, even if a generalized deterrence does not occur, the death penalty surely deters the one person, the murderer, who is executed (Sharp, 2006). Society cannot be certain that the person who killed someone will not always do the same thing again. Actually, there are many murderers who would kill their next targets if they were given the opportunity to do so. In order to prevent them from murdering again, any possible opportunity must be eliminated from them. Therefore, the death penalty is the most effective way to prevent them from repeating their crimes.
Another reason to support the death penalty is that there is no effective alternative. Life imprisonment, which is often raised as an alternative to the death penalty, cannot be an adequate substitution. First, there is a great difference between the death penalty and life imprisonment, that is, death and life. This means that life imprisonment gives prisoners some hope for the future. Though most of their rights and freedom are restricted in prison, it is possible for them to find someone with whom they share the pain of life or even something fun or happy within its limitations if they adjust themselves to the life in prison (Montaldo, 2006). This is not fair given that they have taken there same opportunities away from their victims. This is possible as long as they live; therefore, it can never be an adequate substitution for the death penalty.
Funding is another issue that arises when comparing the death penalty and life imprisonment. It has to be kept in mind that the money to take care of a murderer comes from taxes. If the murderer receives life imprisonment as punishment, money is necessary to support their living in prison until they die. On the other hand, once a murderer is executed, there are no further maintenance costs that society has to pay. Though it also costs money to implement the death penalty and research shows it might even be more expensive than life imprisonment (Freedman, 2004), the death penalty still makes sense because the money is not used for the life of the murderers but for their punishment. Murderers never deserve to be supported for life with the nation’s money.
The death penalty is appropriate and just when viewed in terms of the seriousness of the crime. Dennis, one of America's most respected radio talk show hosts, has stated that it is absolutely unjust to allow murderers who steal a life deliberately to keep their own life (as cited in Death penalty guards what is valued most, 2001). Though opponents of the death penalty say that every human has rights and the nation has no right to take their lives with the power of law, it is doubtful that the human who kills others deserves to have this right. Because murderers do not understand the value of life, they do not qualify to claim rights for themselves.
Lastly, and perhaps most importantly, the rights of the victim or the survivors should be respected more than that of murderers. Though there is no alternative which can compensate the survivors for the loss of their loved one, the death penalty should be implemented because the survivor cannot get peace mind until the murderer dies. It is apparent that the murderer would benefit from life in prison because his punishment is not equal to his crime. As mentioned before, murderers will find someone with whom to share the pain of punishment or something joyful or happy if they adjust to their life in prison. However, the victim never gets such opportunities (Montaldo, 2006). In order to make the punishment just, it is important to respect the rights of the victims and the survivors.
To conclude, the death penalty is a rational punishment and should be implemented for certain crimes. Though opponents argue that innocent people will be executed if they are mistakenly convicted, what needs to be reformed is not the system of the death penalty but mistaken judgments or insufficient investigations. In addition, recent DNA technology has a great contribution to prevent such risks and makes the justice system fairer. Moreover, the death penalty has a deterrent effect to prevent future crimes by threatening potential offenders. Because life imprisonment will permit murderers to have some hope for the future and live by society’s taxes, it cannot be an alternative to the death penalty. Most importantly, the death penalty is just because it fits the perpetrator’s crimes for which it is imposed and the rights of the victims can be respected.
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