History of Capital Punishment in the US and Europe
This paper traces the history of capital punishment from its origins in British common law and European torture practices through the Enlightenment reforms championed by Cesare Beccaria, to its modern application in the United States. It examines the primary arguments advanced by proponents — deterrence, retribution, and cost savings — alongside the key objections raised by opponents, including racial inequity, constitutional concerns, and the absence of proven deterrent effects. The paper concludes with a case study of Stanley Tookie Williams III, whose 2005 execution illustrated the deep moral tensions inherent in capital punishment, and argues that modern society's values are fundamentally incompatible with state-sanctioned execution.
- Background of Capital Punishment in the United States and Europe: Origins, torture practices, and reform milestones
- Arguments in Support of Capital Punishment: Deterrence, retribution, and cost arguments
- Arguments Against Capital Punishment: Immorality, racial inequity, and lack of deterrence
- Case Study: Stanley Tookie Williams III: Controversial 2005 execution of reformed gang founder
- Conclusion: Capital punishment incompatible with modern moral values
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What makes this paper effective
- The paper moves logically from historical background to competing arguments and then to a concrete case study, grounding abstract debate in a real-world example.
- It balances pro and con positions before clearly staking out a concluding position, demonstrating awareness of the full debate.
- The use of direct quotations from scholars, a philosopher, and a Jesuit priest adds credibility and variety to the argument.
Key academic technique demonstrated
The paper uses a classical argumentative structure: establish context, present both sides of a controversy with cited evidence, introduce a case study as applied illustration, and close with a clear normative conclusion. This pro/con scaffolding is an effective undergraduate technique for navigating contested policy topics.
Structure breakdown
The paper opens with a historical overview spanning British common law through twentieth-century reforms. Two middle sections present pro and con arguments with attributed sources. A focused case study on Stanley Tookie Williams III bridges the abstract debate to a specific modern execution. The conclusion synthesizes the normative argument against capital punishment and calls for policy change. Total: five sections with a reference list in apparent APA format.
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 capital punishment ("America's Tug of War over Sanctioned Death," 2009). In fact, they went a step further: torture was used for hundreds of years as the primary means of capital punishment. This practice 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 philosopher Cesare Beccaria wrote On Crimes and Punishments, in which he argued for abandoning the system of maximum terror and torture. Instead, he introduced the idea of making the punishment for a crime proportionate to the crime committed. This idea was taken seriously, and systems of punishment began to include deprivation of freedom — that is, incarceration — along with the concept of rehabilitating the offender as a goal of the criminal justice system (Banks, 2005). In 1791, upon becoming a union, the United States passed the Bill of Rights, which included the Eighth Amendment banning "cruel and unusual punishment." Interestingly, at that time in history, hanging was not considered cruel or unusual punishment (Banner, 2002).
In the 1800s, more and more prisons were built in both America and Europe, and Enlightenment ideals led people to move away from hanging as a method of execution toward the establishment of the electric chair. During the twentieth century, capital punishment remained in practice in both Europe and the United States, with a significant movement toward abolition of the death penalty occurring in the 1960s as part of the civil rights movement ("Introduction to the Death Penalty," 2009). Despite the ongoing controversy regarding the type and role that capital punishment should take in a society, the fact remains that capital punishment continues to be utilized in many nations, including the United States ("America's Tug of War over Sanctioned Death," 2009). To this day, however, the use of capital punishment is not without great controversy. One of the best ways to frame the issue is this: "Is capital punishment barbaric or does it have a place in civilized society? Is the death penalty justified by the vast sums of money 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 believe that it provides a deterrent to crime, retribution for heinous crimes, and a cost-effective alternative to housing convicted felons for their entire lives (Wilson, 2009). As a deterrent, Ernest Van Den Haag, PhD, noted that: "People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death" (Van Den Haag, 1983). Furthermore, with regard to retribution, it is argued that a society is "justly ordered" when people and criminals receive what is due to them. By punishing criminals, society protects itself from disorder by morally restoring order — making the perpetrator pay a price that is in accordance with the actual harm he or she has caused (Budziszewski, 2004). Additionally, one of the leading economic arguments made by proponents of capital punishment is that it will cost far less money over the long term to execute an individual than to keep that person in prison for life (Wilson, 2009).
Conclusion
Modern society's moral values and the stated purpose of the criminal justice system itself contradict the practice of putting people to death. Our government needs to recognize the barbaric nature of capital punishment. If one does not readily see that barbarism, consider this: Could I work there? Could I be the one delivering the last meal? Could I sit through even the execution of the most heinous of criminals? Indeed, most of us could not. As we enter a more advanced era in our history, our historical record should demonstrate a movement toward human rights. In short, capital punishment runs contrary to the notions of morality and human dignity, as demonstrated through both the life and the death of Stanley Tookie Williams III.
References
America's tug of war over sanctioned death. (2009, September 9). Retrieved from Random House.
Banks, C. (2005). Punishment in America: Contemporary world issues. ABC-CLIO.
Banner, S. (2002). The death penalty: An American history. Harvard University Press.
Budziszewski, J. (2004). Capital punishment: The case for justice. Journal of Government and Philosophy.
Finch, S. (2005, December 23). Williams executed / Last hours / Gang co-founder put to death for 1979 murders of 4 in L.A. area. SF Gate.
Introduction to the death penalty. (2009). Retrieved from Death Penalty Information Center.
Levinson, D. (2002). Capital crimes. In Encyclopedia of crime and punishment (Vol. 4). Sage.
Schroth, R. A. (2008, September 18). Email to Procon.org.
Van Den Haag, E. (1983, October 17). For the death penalty. New York Times.
Van Slambrouck, P. (2000, November 28). On death row, an author and Nobel nominee. Christian Science Monitor.
Wilson, N. (2009, April 13). Top 10 pros and cons: The death penalty. Retrieved from Procon.org.
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