The Death Penalty In The United States Essay Samples

The United States’ usage of the death penalty has long been a controversial policy. Many opponents argue against the ethical issues of the death penalty, while others cite the fact that few Western countries actually still use the death penalty today. However, despite the ethical issues, many states and the federal government still employ the death penalty today. The Unite States policy makers do this because of the federalist system, Supreme Court precedent, and public opinion, despite the fact there is data which suggests the death penalty is an ineffective and outdated policy.
The federalist system of government employed by the United States is one of the primary reasons for the usage of the death penalty. According to this system, power is divided up between national, state, and local levels. There has always been a delicate balance between how much power each level has, and the current trend is for more power allocated at the national level. This was a large debate upon the founding of the country as many argued that the state should have more power because they could better address the needs of their citizens (Cochran 24). The death penalty is one of these issues where the states still have jurisdiction over whether or not to use capital punishment. This is primary due to the 10th Amendment which gives states the power to decide for themselves anything that is not directly listed within the constitution. According to the amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people (“Tenth Amendment”).” Seeing as the death penalty is not strictly listed as something that should be applied nationwide, the states are free to decide for themselves on what the most severe punishment should be.
Currently, 36 states have chosen to employ the death penalty as an option for the most heinous crimes committed. Of the states that use the death penalty, Texas has executed by far the most people. In fact, they account for almost half of the total executions within the entire nation. Another interesting note is that the US Federal Government also uses the death penalty, although very infrequently. This illustrates the concept of federalism because even though the federal government has chosen to use the death penalty, they do not require the states to follow suit. However, even if a state has the death penalty, that does not mean they actually use the sentence. Since 2012 only 13 states have actually carried out an execution, showing that its use is on the decline (“Death Penalty Information Center”). Nevertheless, there appear to be some ideological reasons for why certain states use the death penalty over others.
Many of the states that have legalized the death penalty are in the South, which tend to be more conservative leaning states. While this is not always the case, as states like California, Oregon, and Illinois also have it, the states which frequently execute criminals are predominantly conservative. Texas, Oklahoma, Virginia, Florida, and Alabama are some of the leaders in executions throughout the nation (“Death Penalty Information Center”).
This leads to the question of what about the conservative ideology appeals to the use of the death penalty? The answer to this is in how conservatives view civil and personal liberties. Generally, conservatives limit personal liberties more than any other ideological group, as they oppose same-sex marriage, pornography, abortion, and many other items that oppose their religious systems (Cochran 10). Because the death penalty is a civil and personal liberty issue, it would make sense that the conservative states would take this approach. There may also be some religious reasons for this approach, especially in terms of carry out fair justice.
While federalism can explain why certain states use it and some do not, they only way the states that wish to use it can actually do so is because of the Supreme Court. The Supreme Court has established the legal precedent for the implementation of the death penalty. The first issue in determining the legality of the death penalty is in how the Eighth Amendment is interpreted. The Eighth Amendment bans cruel and unusual punishment, which some could argue applies to the death penalty. However, the Supreme Court has, in most cases, upheld the use of the death penalty claiming that it is not cruel and unusual punishment. The court requires that a sentence be proportional to the crime committed, otherwise it is cruel and unusual. They evaluate this using three factors: the seriousness of the offense, a look at past historical precedent in dealing with this crime, and how others who commit this crime are sentenced. Two Supreme Court cases have concluded that the death penalty is a proportional response to the worst offenses, like murder. In the case Gregg v Georgia, the Supreme Court ruled that the death penalty was not unconstitutional as it could serve the purpose of retribution and deterrence. As long as the death penalty was administered fairly and to crimes that actually called for this sort of sentence, it would be allowed. In the case Coker v Georgia, the court ruled that rape does not qualify usage of the death penalty (“Death Penalty”). Therefore, the death penalty is only used in cases of murder within the United States.
This still raises the issue of the means of execution, and whether or not certain forms constitute cruel and unusual punishment. The current analysis by the courts have determined that lethal injection does not violate the Eighth Amendment, especially the three drug combination that reduces pain before killing the victim. However, there have been very few forms of execution actually outlawed by the courts, as hanging and the electric chair are actually still allowed. While their usage is next to none, it still could be allowed should a state want to go that route (“Death Penalty”).
Of course legal precedent, ideology, and federalism alone are not the only reasons why law makers can institute the policy of the death penalty. They also need public opinion on their side, otherwise it would not be effective. As of 2014, 63 percent of the American population has said they are for the use of the death penalty in cases of murder. For most of the United States’ history, the majority of the population has been in favor of the death penalty, as only in 1967 did support for it drop below 50 percent. However, since 1991 support has been on a steady decline. Currently, 76 percent of Republicans favor the death penalty, while only 49 percent of Democrats do so. This clearly shows an ideological divide, although the Democrats are evenly divided on the issue. The other interesting question is whether or not the death penalty is favored over life imprisonment. In 2014, 50 percent of the population favored the death penalty, while 45 percent favored life imprisonment. This poll has also historically always been in the favor of the death penalty, although very close (Jones). Therefore, law makers can still promote the policy of the death penalty because public opinion is one their side.
Despite the fact that the death penalty is favored in public opinion, and has legal precedent on its side, this does not make it a good policy to pursue. There are very few Westernized countries that still use the policy, as there are ethical claims against this policy. The countries which execute the most people are China, Iran, Saudi Arabia, Iraq, and the United States. Virtually no country in Europe allows the death penalty or executes anyone. Even more problematic is the fact that many of the countries grouped with the United States in terms of executions are countries that have been accused of human rights violations, and are brutal dictatorships. As America tries to promote itself as the icon of freedom and liberty throughout the world, this appears to be somewhat contradictory message (“Death Penalty Statistics”).
Furthermore, there is a lot of evidence pointing to the fact that the death penalty is ineffective at deterrence, as well as too costly. In states where the death penalty is implemented, there are actually more murders per year than states with life in prison. This would seem to suggest that the death penalty is not effective at deterring murders. In terms of the actual costs of implementing the death penalty, studies have shown that life in prison actually costs significantly less money over time than executions. This is due to the countless appeals, time spent on death row, and the actual cost of executing someone. In the state of California, the cost of life in prison was eight percent of the cost of death row prisoners. In New Jersey, the death penalty cost an extra $253 million, and Indiana was a 38 percent greater cost compared to life imprisonment (Board). Therefore, not only is the death penalty ineffective at deterring crime, it is costing more tax payer money than it is worth.
Because of these stats, the death penalty should be abandoned in the United States. Even though it has public appeal and the courts interpretations on its side, it simply is not the correct course of action for a country that values human rights and freedom. The ethical side of the issue does not support the death penalty. Even if it was a deterrent and saved money, the ethics of the death penalty should trump all other arguments. The only reason for the death penalty is retribution, and this is even stated as one of the Supreme Court’s reasons for allowing it.
However, a retributive justice system has been shown to be ineffective and actually detrimental to society. What good does it do to simply answer violence with more violence? As there are often multiple sociological factors that goes into why a person would commit murder, it may be in the better interest of society to try and rehabilitate people who commit murder, rather than executing them. Many of the people who actually commit murder have mental or psychological issues which have caused them to act this way. Simply executing these people does no good for society. There is also the risk of executing innocent people as well. According to estimates, about four percent of inmates who have been executed were actually innocent. The risks are simply too great to employ capital punishment, and there are really no rewards other than revenge. Certainly a civil society can find alternative ways to help deal with the problem murder in the United States.

Works Cited

Cochran, Clarke E. American Public Policy: An Introduction. New York: Wadsworth, 2012. Print.
"Death Penalty." Cornell Law. Web. 7 Mar. 2015. <https://www.law.cornell.edu/wex/death_penalty>. Web.
Jones, Jeffrey. "Americans' Support for Death Penalty Stable." Gallop Poll, 23 Oct. 2014. Web. 7 Mar. 2015. <http://www.gallup.com/poll/178790/americans-support-death-penalty-stable.aspx>. Web.
"Death Penalty Information Center." Web. 7 Mar. 2015. <http://www.deathpenaltyinfo.org/number-executions-state-and-region-1976>. Web.
"Tenth Amendment." Cornell Law. Web. 7 Mar. 2015. <https://www.law.cornell.edu/constitution/tenth_amendment>. Web.
"Death Penalty Statistics." The Guardian. Web. 7 Mar. 2015. <http://www.theguardian.com/news/datablog/2011/mar/29/death-penalty-countries-world>. Web.