Capital punishment: history, arguments, and policy implications

History Of Capital Punishment

Background of Capital Punishment in the United States and Europe

Capital punishment in the United States originated and was based primarily upon British common law. Both America's and Europe's systems utilized personal retribution as the main rationale for using capital punishment ("America's Tug of War over Sanctioned Death," 2009). In fact, they even went a step further: torture was used for hundreds of years as the means of capital punishment. Torture involved several different kinds of killing and was so gruesome that people referred to the laws allowing it as the "Bloody Code" (Levinson, 2002). Common types of torture included stripping of the skin, impaling a body on a stake, chopping off one's hands and feet, boiling the body alive in oil, and burning at the stake ("America's Tug of War over Sanctioned Death," 2009).

In 1764, Italian Cesare Beccaria wrote on Crimes and Punishments and in it, he argued for abandoning the system of maximum terror and torture. Instead, he introduced the idea of making the punishment for a crime proportionate the crime that was committed. This idea was taken seriously and systems of punishment began to include taking away one's freedom or, in other words, incarceration and adding the concept of rehabilitation of the offender to the goal of the criminal justice system (Banks 2005). In 1791, the United States upon becoming a union passed the Bill of Rights which included the Eighth Amendment which banned "cruel and unusual punishment" in the Eighth Amendment. Interestingly, at that time in history, hanging was not seen as cruel or unusual punishment (Banner, 2002). In the 1800's, more and more prisons were built in America as well as in Europe and the idea of the Enlightenment lead people to move from hanging as a form of bringing about death toward the establishment of an electic chair. During the twentieth century, capital punishment remained as practice in both Europe and the United States with a significant movement toward abolition of the death penalty occurring in the 1960's as a part of the civil rights movement (Introduction to the Death Penalty 2009). Despite the ongoing controversy regarding the type and the role that capital punishment should take in a society, the fact remains that capital punishment continues to be utilized in many nations such as the United States and the European community ("America's Tug of War over Sanctioned Death," 2009). To this day, however, the use of capital punishment is not without great controversy with one of the best ways to summarize the issue as follows: "Is capital punishment barbaric or does it have a place in civilized society? Is the death penalty justified in the vast monies saved by not having to support such criminals with incarceration for their lifetimes, or is its cost to society's humanity even dearer?" (Id.).

Arguments in Support of Capital Punishment

Proponents of capital punishment state believe that it provides a deterrent to crime, retribution for heinous crimes, and a cost-effective alternative to housing depraved convicted felons for his or her entire life (Wilson, 2009). As a deterrent, Ernest Van Den Haag, PhD of Fordham University noted that: "People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death" (Haag, 1983). Furthermore, with regard to retribution, it is noted that a society is "justly ordered" when people and criminals receive what is due to him or to her. By giving criminals punishments, society protects itself from disorder by morally restoring order by making the perpetrator pay a price that is in accordance with the actual harm that he or she has caused (Budziszewksi, 2004). Additionally, one of the top arguments by proponents in favor of capital punishment is economic in nature: it will cost much less money over the long-term to execute an individual as opposed to keep them in prison for life (Wilson, 2009).

Arguments Against Capital Punishment

The most salient arguments utilized by the opponents of the death penalty include a focus on the inequity, fundamental unfairness, or immorality of it as a modern-day practice. For instance, arguments against the death penalty assert that it is immoral, it violates the constitution, its finality makes it an irrevocable option, and that it does not actually deter individuals from committing violent crimes such as murder and rape. With regard to immorality, many individuals believe that the criminal justice system, which is bound to enforce justice, should not practice that which it preaches against: the murder of another human being. and, that do to so would contradict Judeo-Christian values of morality (Wilson, 2009). Additionally, opponents of the death penalty note that there is no evidence that lethal punishment has any effect whatsoever on whether or not criminals will commit a murder; and, that retribution here does not help to bring about closure. Rather, it perpetuates the underlying violence and had a tendency to bring about more anger as opposed to peace. In the words of Jesuit Priest and Community Professor, Raymond a. Schroth, S.J., "It [capital punishment] contaminates the otherwise good will which any human being needs to progress in love and understanding" (Schroth, 2008). Thus, capital punishment as a means to provide retribution for families fails to take into consideration the immense toll that the process of putting another human being puts another under.

In addition to the foregoing reasons against capital punishment, a review of the implementation of capital punishment over the years in America in particular reveals that the practice itself is not free from racial stereotypes. In fact, a disproportionate amount of people of color have been sentenced to death. Furthermore, the poor have less access to knowledge regarding his or her options and they have less resources to rely upon should they need help. As such, a disproportionate amount of people being set to death includes those who cannot find a lawyer who is ready and willing to fight for their honor and their name (Wilson, 2009).

Case Study: Stanley Tookie Williams III