The Death Penalty Debate

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In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately represent both sides of the argument. Proponents of capital punishment persuasively argue that a “central principle of a just society is that every person has an equal right to life, liberty, and the pursuit of happiness” (Cauthen, p 1). Within this principle, the deliberate (premeditated) murder of an individual is viewed as a heinous act, which prevents the person from realizing his or her right to pursue happiness. They strongly feel that persons convicted of first-degree murder must, themselves, pay the ultimate price. They claim that the death penalty must be imposed in order to maintain the moral standards of the community. Proponents of capital punishment are people who oppose the death penalty are fearful that innocent people may be wrongfully executed. They insist, however, that numerous “safeguards” are built into the criminal justice system which insures the protection of those facing capital punishment. Among the safeguards are: 1. Capital punishment may be imposed only for a crime for which the death penalty is prescribe by law at the time of its commission. 2. Persons below eighteen years of age, pregnant women, new mothers or persons who have become insane shall not be sentenced to death. 3. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the facts. 4. Capital punishment may be carried out only after a final judgment rendered by a competent court allowing all possible safeguards to the defendant, including adequate legal assistance. 5. Anyone sentenced to death shall receive the right to appeal to a court of higher j... ... middle of paper ... ... person’s life? How can the death penalty continue to be justified in the face of over-whelming evidence which shows that innocent people have been wrongfully executed, that people are not deterred from committing murder, and that, in practice, the death penalty is racially biased and reserved for the poor. In a New York Times Op-Ed piece (July 14, 1995), writer, E.L. Doctorow, speaking in behalf of an inmate on death row wrote, “If the death penalty must exist in this country, it is the burden of the public servants charged with applying it to do so only from the most unanswerable and awesome judicial imperatives--or state-administered death becomes morally indistinguishable from any other murder.” Bibliography Butterfield, Greg. Repression Spurs Resistance. Workers World. 2/24/00 pg. 7 Cauthen, Kenneth. Capital Punishment: Maximum public safety (11/18/00) Online.available: Doctorow,E.L. and Weinglass, Leonard. Race for Justice. Monroe, Maine 1995 Guiterrez, Tony. Crime in America NewYork 1997 Rubac, Gloria. Illinois moratorium accelerates anti-death–penalty across U.S. Workers World. 2/17/00. pg. 5

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