For the last few days the news cycle has been flooded with reports of Biden’s commutations and preemptive pardons. One of his actions involved commuting the death sentences of 37 federal inmates. This decision infuriated a great many people. The issue of capital punishment is contentious as it involves human rights and justice on a highly personal and emotional scale.
Some pro-lifers who oppose capital punishment insist that it makes no sense to oppose abortion and favor capital punishment, even though one victim is completely innocent while the other is guilty of a heinous crime. Some advocates of the practice insist that it is the very definition of justice.
There are good arguments on both sides. One of the primary arguments in favor is that it serves as a deterrent to potential criminals. Someone who’s contemplating a murder may think twice beforehand if they knew they’d be executed if they were apprehended. There have been studies, however, suggesting the lack of conclusive evidence that it deters crime more effectively than other punishments such as life imprisonment without parole.
Another convincing argument is that, once executed an individual cannot reoffend and so society is protected from that individual. This contrasts with life imprisonment, where there might be escapes. This argument is not as persuasive in First-world nations where prison escapes are less likely, unlike Second- and Third-world nations. However, acts of violence within the prison system remain a possibility even in high-security facilities.
Capital punishment can provide a sense of closure to victims’ families in that it is a form of justice that matches the severity of the crime. However, executions can have severe psychological impact on everyone involved including the executioners, prison staff, jurors, and the families of those executed. The process of sentencing someone to death and carrying it out can be emotionally injurious. One or more innocent people may have been murdered but many others can be traumatized by the execution.
William Blackstone holds that “…it is better that 10 guilty persons escape, than that 1 innocent [be convicted]).”
Some studies show that the imposition of the death penalty can be influenced by such factors as race, socio-economic status, and the quality of legal representation. As of last January, the Death Penalty Information Center showed the following death row population numbers by race:
|
White – 943 |
Black – 921 |
Hispanic – 316 |
Native American – 23 |
Asian – 41 |
According to a recent study the racial distribution of the U.S. in 2024 was as follows:
|
White – 55% |
Black – 11% |
Hispanic – 20% |
Native American – 0.6% |
Asian – 6% |
Are people of certain races being unjustly targeted? Do people of certain races commit more crimes? Is the death penalty imposed more frequently on those who are poor or middle-class, or do those citizens incur the death penalty more often because they can’t afford better legal representation? These are questions which form the basis for numerous studies and debates and which obviously deserve answers.
The U.S. is one of the few Western countries still utilizing capital punishment, other countries viewing it as a relic of less humane times. This suggests a shift in international human rights standards. Critics of the practice argue that it eliminates any chance for the offender to rehabilitate, which contradicts the rehabilitative goals of modern penal systems.
On the other hand, society tends to be less than welcoming of former convicts, especially those convicted of violent crimes. A study conducted by the United States Sentencing Commission found that “…career offenders who committed a violent… offense generally have a more serious and extensive criminal history, recidivate at a higher rate, and are more likely to commit another violent offense in the future compared to career offenders who received the designation based solely on drug trafficking convictions.”
There are some who argue that capital punishment is less costly than life imprisonment and, while that may be true if the sentence were carried out immediately, in most cases inmates file appeals which can involve repeated trials stretching over years, the total of which far exceeds the cost of life imprisonment.
In conclusion, while capital punishment has some arguments in its favor, particularly around retribution and closure for victims’ families, the ethical, practical, and judicial issues it raises continue to fuel intense debate. The balance between these pros and cons often depends on cultural values, legal systems, and the specifics of each case.
Image: Pixabay
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