Reflection

This class overall, was a positive learning experience. I enjoyed my professor as he

always had a valuable attitude. I learned the Criminal Justice system in more depth. I learned the
causes of crime, measuring a crime, criminal law, law enforcement, etc. I became familiar with
the process of determining a crime by the federal courts. I also learned, the different features of a
trial and the purpose of sentencing. Criminal Justice is an important system in our society as it
balances social control and deterring crime against those who violate constitutional laws.

Roger Soto
Mr. Illario
CJ 1010
11/29/14
The Death Penalty
One of the hottest debates in American criminal justice is capital punishment. America
continues to struggle to accommodate the death penalty with the morals and values of society.
Controversial topics such as cruel and unusual punishment have sprung concerning the value of
how to conserve or execute criminal lives. Citizens in America have different opinions whether
or not to agree or disagree concerning this topic. Some say that capital punishment is the only
right way to give justice for the crime. Others may argue that the death penalty is hypocritical
because of the 8th amendment. States in America have their own separate law concerning capital
punishment. Some of the most important questions asked are: Is the death penalty just or unjust?

Does capital punishment deter crime? Is the death penalty cruel and unusual? Capital punishment
is an important issue not to be taken lightly as citizens of America.
Abraham Lincoln once said, You do not know how hard it is to let human beings die,
when you feel that a stroke of your pen will save him.(Gaines, Miller pg. 379) Despite him
saying this, he approved the execution of 267 soldiers during his four years as president. (Gaines,
Miller pg. 379) Abraham Lincolns approval of capital punishment reflects on our world today in
which America still battles the beliefs of citizens. The United States is the only country in the
Western democracy that continues to execute criminals for their murders. (Gaines, Miller pg.
379) It all started when America decided to adopt the same English methods of capital
punishment, which at that time included drawing and quartering boiling the convict alive.
(Gaines, Miller pg. 379) Later on, these actions were replaced with hanging because America
wanted to be humane. In the 1890s the electrical-chair arose as it was considered to be less
painful. (Gaines, Miller pg. 380) The electric- chair was the main option until 1977. (Gaines,
Miller pg. 380) America then decided to use lethal injection as the primary focus for all the states
that approved capital punishment. Till this day the inmates receive deadly drugs injected through
their veins when being executed.
First, the sedative sodium thiopental is administered to decrease the pain. Then
pancuronium bromide immobilizes the inmate. Finally, a dose of potassium chloride stops the
heart from functioning. (Gaines, Miller pg.383) America decided to go with injections because
they wanted to make sure they were being constitutional with arguing cruel and unusual
punishment. The 8th amendment protects individuals from receiving cruel and unusual
punishment. Liberals were arguing against using the electrical-chair because it caused severe
pain. Instead, in the late 20th century America found an alternative by using injections. The three

injections kill the inmate quickly and painlessly. Injections are the primary solution for execution
in the states that allow the death penalty. Injections are much quicker considering the methods
used before.
Michael Scaljon who received a major in government at the University of Texas writes,
Liberals should be thankful that the death penalty isnt based on the Biblical premise of lex
talionis (the punishment should fit the crime). (Scaljon pg.98) Michael Scaljon says, Rather
than being cruel and unusual, capital punishment actually treats murderers with more kindness
and dignity than their victims receive.(Scaljon pg.96) Instead of showing cruel and unusual
punishment the death penalty makes sure the inmate doesnt feel pain and killed instantly.
Scaljon argues that the death penalty is in fact an effective way to give punishment for hateful
crimes. (Scaljon pg.98) By not executing the inmates who committed brutal crimes, then that
puts all society into danger.
Advocates believe that the practice of the death penalty benefits society because of the
idea of deterrence. Deterrence is the belief that by executing convicted criminals, the criminal
justice system discourages potential criminals from committing similar violent crimes. (Gaines,
Miller pg.384) Criminal behavior can be deterred if punishment is certain and severe enough to
counter the pleasure gained from committing a crime. (Gaines, Miller pg.383) In a 2001 study,
economists Hashem Dezhbakhsh, Paul Rubin and Joana Mehlhop reported that each execution
prevents between seven and twenty-five murders. (Espejo pg.6) The whole idea of deterrence is
to prevent crimes caused by the inmate because hes executed and to prevent outside crime from
society. Capital punishment deters crimes more effectively than life imprisonment does. (Espejo
pg.7)

In a study done by Paul Casell and Stephen Markman, they analyzed the records of
52,000 state inmates doing time for murder. They found that 810 of them have been convicted
for the same crime. These 810 inmates had killed 821 people after being released from prison the
first time. (Gaines, Miller pg.386) If the 810 inmates were executed from the death penalty
before they were released then 821 innocent lives would be saved. (Gaines, Miller pg.386) This
study shows that by using the death penalty it could provide society the assurance of safety.
Statistics show that executions have decreased over the years because it warns criminals to think
before they act. In 2010, only 114 people were sentenced to death, compared with 277 in 1999.
(Gaines, Miller pg.388) This is evidence showing that by applying the death penalty crimes deter
because criminals dont want to end up being executed. Therefore, by enforcing the death
penalty criminals will think about the consequences and prevent them from committing crime.
The death penalty is feared more than imprisonment because its taking the life away from
criminals. This fear deters prospective murderers not deterred by the thought of imprisonment.
In order to announce if a prisoner gets executed, theres a process in which they face. At
first, the criminal would go under a trial face; If found not guilty or guilty of a lesser offense,
then theres no death penalty involved. However, if the prisoner is found guilty of a capital
offense they move on to stage two. Stage two is the sentencing hearing phase. The jury then
decides if the circumstances surrounding the crime justify the death penalty. Lastly, the prisoner
is executed if the circumstances do justify the offenses. On the other hand, if it doesnt justify the
prisoner is then sentenced life in prison with or without parole. (Gaines, Miller pg.381)
On the other hand Liberals believe capital punishment is unjust. The Progressive who is a
monthly journal of left-winged political opinion said, We believe every human being deserves
the dignity of life. (Progressive pg.64) Progressive states, We simply do not believe that

premeditated, state-sanctioned killing is justifiable under any circumstances. (Progressive

pg.64) The death penalty is proven to not be consistent. People have been executed who very
well might have been innocent. In 1999, eight people were freed and declared innocent of their
crimes, bringing the total of those discharged from death row to eighty-four since 1973, or about
one-seventh of all those executed. (Progressive pg.66) These inmates had spent an average of 7.5
years on death row before winning release because evidence emerged. (Progressive pg.66)
Another study from the Chicago Tribune investigated and found that at least 381 homicide
convictions across the country have been overturned since 1963. (Progressive pg.66) Prosecutors
discovered evidence of innocence which caused overturning in their death sentenced. The death
penalty has the devastating chance in killing innocent people which makes America look cruel.
This debate will continue until all states pass capital punishment. However, capital
punishment should be enforced in every state because it deters future crime and is characterized
as an act of justice. Its not right for murders to get away from killing innocent lives. Justice
needs to be served. Its only right for a criminal to repay for the innocent lives that were
murdered. The death penalty is constitutional because of the advance of lethal injection. By using
lethal injection it excludes the argument of cruel and unusual punishment. Criminals will not
suffer but rather die quickly. The death penalty deters crime as it sends a message of fear to
future criminals. It acts as the ultimate warning against all crimes. A system in place for the
purpose of granting justice cannot do so for the surviving victims, unless the murderer himself is
put to death. Therefore the justice system attempts to measure out punishment that fits the crime.
Without capital punishment, the justice system makes no arrangement in response for the crime
of murder; providing no justice for the victim. Capital punishment is the right way to attempt
justice for victims in America.

Work Cited
1. Gaines, Larry and Miller Leroy Roger. Criminal Justice: Capital Punishment-The
Ultimate Sentence.7th ed. Ohio: Mason UP, 2013. Print
2. Espejo, Roman, ed. Does Capital Punishment Deter Crime? Michigan:
Greenhaven oress, Inc. 2003. Print
3. Scaljon, Michael. The Death Penalty Opposing Viewpoints. Ed. Williams Mary.
San Diego: Greenhaven press, Inc. 2002. Print
4. Progressive. The Death Penalty Opposing Viewpoints. Ed. Williams Mary. San
Diego: Greenhaven press, Inc. 2002. Print