Beck 1

Lauren Beck
Professor Moore
English 1301
7 March 2017
Capital Punishment; The Everchanging Law

Capital punishment is one of the longest standing controversies in United States history.

Because of the controversy, capital punishment has disappeared and reappeared from our laws

numerous times. As stated by the Bureau of Justice Statistics, Capital punishment refers to the

process of sentencing convicted offenders to death for the most serious crimes (capital crimes)

and carrying out that sentence (Office of Justice Programs). Capital punishment is also known

as The Death Penalty. The debate over capital punishment execution has become a recurring

issue in the U.S. because of its moral, religious, and effectiveness conflicts.

The death penalty dates back before the 1800s. One of the first times it was called off was

following the American Revolution. Public hangings were then executed inside the prison

systems to keep the public eye from surveying the controversial scene. In the 1840s, Michigan

legislature turned over the right to execution, and terminated it in the state altogether. Fourteen

years later, Vermont made the executions a right by state law instead of local law in hopes of

preventing any eager hangings. Mostly all other states continued to abide by Vermonts new law

(McFeely). In the early 1890s, death by electrocution was introduced. This practice was also

known as the electric chair. However, the electric chair was eventually deemed inhumane, and

was later replaced by the less stressful lethal injection in the 1970s by only a few states. In the

early 20th century, controversy, yet again, made changes in the death penalty in the United

States. At first, nine states dismissed the death penalty from their laws. Later, just after World

War I, five of the nine reversed their dismissal. A few years after, two more of the nine joined
 Beck 2

them in removing the dismissal (McFeely). Of the rest of the states, half have separated from the

death penalty, while the other half had strict requirements for the penalty. Yet again, causing a

divide in the country. By the 1930s, more African Americans had become victim of the death

penalty than any other race. Just around the time of the Civil Rights Movement Era, in the 1950s

and 60s, the death penalty rates dropped significantly and prosecutors ultimately withheld asking

for the punishment. This resulted in zero executions from 1967 to 1972 in the United States

(McFeely). From there, the United States withdraw from the death penalty only grew. In 1972, a

man named William Henry Furman was to be executed until it was deemed unconstitutional by

the Supreme Court. The argument made was that the 8th Amendment deters from cruel and

unusual punishments. This case seemed to establish the end of capital punishment in the U.S.

but like it always has, the death penalty made a comeback (McFeely).

Towards the end of Vietnam War and Civil Right Movement Era, the nation became

considerably more conservative. This in return, made legislatives pass the death penalty as

fairly administered, and required the Supreme Court to review execution cases. In 1979, the

United States held 1,446 executions (Death Penalty Information Center). In that time, capital

punishment was once again, and has remained for most states, legal. Today, only 32 of the 50

states hold capital punishment laws, while 18 of them hold bands (Death Penalty Information

Center). While most states have the laws required to execute persons, few utilize them to their

full benefits. For example, Texas alone is responsible for 540 of the 1,446 (Death Penalty

Information Center). The next higher ranking states include Oklahoma and Virginia at 112,

Florida at 92, Missouri at 88, and Georgia at 69 (Death Penalty Information Center). As of 2017,

there has only been 4 executions, and in 2016 there were 20 (Death Penalty Information Center).

At this rate, the executions are more than likely to surpass the previous years count.
 Beck 3

The controversies on capital punishment are generally the same year after year. The

morality of capital punishment and the effectiveness are the two main arguments when

discussing capital punishment. Starting with the morality of capital punishment, the life of a

human being is, by most religions, highly valuable. This creates a problem for a lot of people

when our government destroys that life. It is also common among religions to accept the idea of

forgiveness, and when the government administers the lethal injection causing death in the

person, they no longer have the option of forgiveness. Their one, or sometimes many, convictions

are answered by a final verdict of death, instead of being given the opportunity to make up for

their wrong doings.

Some felons, if given the opportunity to correct themselves while being incarcerated or

back on the streets, may not ever turn their life around. This is another argument on capital

punishment. Even if felons are not given the death penalty, it may not make them change. In a

similar way, implementing the death penalty may or may not have effects on the crime rate. In

fact, most people do not believe it effects crime at all. A recent study by Professor Michael

Radelet and Traci Lacock of the University of Colorado found that 88% of the nations leading

criminologists do not believe the death penalty is an effective deterrent to crime (Lacock).

However, this thought can vary through years and people. In 2004, 62% of people said the death

penalty was not a deterrent. By contrast, in 1985, 62% believed the death penalty acted as a

deterrent to murder (Lacock). This just goes to show how unstable the relation between the

public and capital punishment is. It is never the same. It always changes. As far as the future of

Capital Punishment, it is completely unpredictable. Society will always have people who do not

agree with the death penalty, and people who think it is the only option in some cases. The
 Beck 4

legality of the law just depends of the views of those in office at a particular time and how it can

influence the public and states.

Capital punishment is and always will be an outrage to a selective group of citizens.

People, states, and governments in general have not ever been able to hold a permanent decision

on the effects and morality of this death penalty. The fact is, it works in taking a killer off the

map (or whatever crime a person is convicted of), but it has shown no real effect in criminal

activity. Supporting the death penalty is completely objective, but as of today, 38 states holds the

capital punishment laws. However, if the law continues as it has in history, it may turn to those in

favor of abolishing it.

 Beck 5

Works Cited

Death Penalty Information Center. "Number of Executions by State and Region Since 1976."

D.P.I.C., 1 Feb 2017. <http://www.deathpenaltyinfo.org/number-executions-state-and-

region-1976>. Accessed 10 April 2017.

M. Radelet & T. Lacock, "Do Executions Lower Homicide Rates? The Views of Leading

Criminologists." 99 Journal of Criminal Law & Crimonology 489, Northwestern

University, 2009, <http://www.deathpenaltyinfo.org/study-88-criminologists-do-not-

believe-death-penalty-effective-deterrent>. Accessed 9 April 2017.

William S. McFeely, "Trial and Error: Capital Punishment in U.S. History." History Matters. Jan

2001. <http://historymatters.gmu.edu/d/5420>. Accessed 10 April 2017.

Office of Justice Programs. "Capital Punishment." Bureau of Justice Statistics. 9 April 2017.

<https://www.bjs.gov/index.cfm?ty=tp&tid=18>. Accessed 10 April 2017.

Strine JR., Leo E. "Duty & the Death Penalty." Widener Law Review, vol. 21, no. 1, Jan. 2015,

pp. 1-26. EBSCOhost, search.ebscohost.com/login.aspx?

direct=true&db=lgh&AN=111811415&site=ehost-live. Accessed 6 April 2017.