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John Espinas
Ready
Humanities
10 January 2017
The Modern Death Sentence

Introduction.

The purpose of this paper is to evaluate whether capital punishment is a detriment or

benefit to modern western civilization, specifically in the U.S.. The death penalty has been a core

part of the justice system, acting as the ultimate deterrence and retribution for some of the most

heinous crimes; but with the evolutions in society and governments, the ancient method of

punishment might become outdated. Modern trends show the media leans on abolishing the

death penalty, and only 31 of the 50 U.S states still employ capital punishment (Holloway, 2015).

All because the litigation, time, and expenses that follow a death sentence almost overshadow the

purpose of the felons death. Of course, it is costly, and begs the question of whether or not

capital punishment is worth it anymore. But there are still variables and circumstances to

consider when going through with such knowledge; the possible negative effects on the state and

its society when it abolishes capital punishment, along with the moral contradictions that

coalesce with all these issues. To abandon the such an old, almost primitive practice might cause

problems in the future. Statistical facts, case examples, comparisons to history, and even logic

will help find out what positive or negative impacts might come with abolishing the death

penalty; but there is reasonable leaning on the federal government banning executions altogether,

as it has become a malformed practice.

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Methodology.

The cited works are determined by the content and bias toward death penalty, if it is

against or for abolishment. This is to provide a broader understanding for both arguments, the

reasons and thinking that goes behind the need to either keep capital punishment or remove it

from society. The authors had to provide credential knowledge on statistics and facts that would

support their bias, with references, including relative studies and observations etc. They would

have to present logical reasoning that is not completely swayed through morals or experience,

and has factual backing. Because of the nature of the topic, these sources also had to be relevant

to this time, so they were chosen within the decade. What was also sought out for was counter

arguments and disproved arguments, same reason being support of their standpoint, and

enlightenment of each cognizance.

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The American justice system and government has evolved, while structurally the same, it

is still different now than before, and it is in the ladders best interest to abolish the death penalty
altogether. This is especially evident in the complications that follow with regards to expenses

and litigation. Philip Holloway, a criminal defense lawyer from CNN.com, has stated that the

Death penalty litigation makes no financial sense. Also mentioning that states have to shell out

around $3 million in court cases for a death penalty, compared to a cost of $150,000 without the

death sentence (American Civil Liberties Union). Though not only is it a government and

taxpayer expense, processes and litigations are so long that it creates a backlog of death row

inmates, actual executions have been dwindling for the past decade, Texas has gone from 40

deaths in 2000, to 7 in 2015; it takes decades for one sentenced to death to actually die,

consequently, a populous state like California has an excess cost of $200 million a year. (Drehl,

2015.) Although, David B. Muhlhausen from U.S. News and World Report has an interesting take

on the other side, where he presses that a majority of America still supports the death penalty,

and majority rules, around 60%. He also mentions that every famous murder case will result in a

2-to-1 for death, and then adds on that thousands of counties from 1977 to 1996 found that every

execution correlates with fewer murders following. (Emory University case study.) So the claim

that there is a deterrent effect is still valid as it has been, and of course there is use for the death

penalty to be ultimate retribution. But again, it would be wise for the government to abolish

death penalty, since litigations cause it to become so costly and redundant. The reasons for

abolishment in this situation greatly outweigh the little reasons against. However, to scope things

down, the death penalty also has to affect the People and modern society.

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Along with an evolving government and justice system, there is also an evolving society,

with differing mindsets and ideals every age; recently, the modern world is moving towards the

anti-death penalty agenda as well. Studies and research show that most but few industrialized
countries have already stopped executions, and more DNA exonerations pop up to sway masses

of injustice that may occur with capital punishments (Studies: Death Penalty Discourages

Crime Fox news, 2007.) The degradation of the effect that the death penalty had, began after the

18th century. In his book, Stuart Banner focuses primarily on the American history of the death

penalty. Before, executions would be carried out immediately, there were many capital crimes,

and there were no speedy, fair trials. But during the 19th and 20th century, and the ratification of

the Bill of Rights, this changed drastically; states reduced capital crimes and built state prisons,

executions were taken from the public, and states had begun abolishing the practice in 1846 (The

death penalty: An American history Harvard University Press, 2009.) From then on, the death

penalty had aged to become the complex and most controversial beast it is today. But even then,

the punishment still has its intended effects. The 2003 study by Emory University finds that 3-18

lives are saved with each execution (Studies: Death Penalty Discourages Crime Fox news,

2007,) playing on the fact that the criminal will never commit the same crime again, keeping

people at ease. On top of that, prisoners with multiple felonies are being released early due to the

issue of overcrowding in problems, so abolishing the death penalty may indirectly exacerbate

other issues that are not in societys best interest (Smith, 2012.) However, at this rate, the modern

death penalty holds both no liberal or even conservative values. The public will continue to sway

its movement into the abolishment of the practice, but morals still have strong hold in beliefs.

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In retrospect, the largest controversy that the death penalty produces is its conflicting

morals for or against the practice, long before modern times. Whether it be to preserve their life,

and exert a fitting punishment that does not continue a cycle of violence, or to kill the criminal,

get it over and done with to serve the ultimate retribution, and all that branch from those main
points. One may seem more pragmatic than the other, conservative, unchanging, kill the felon.

But how is it practical when the act constantly pushes our basic rights? Shonda Walter, a 36-year

old black woman from Pennsylvania is sent to death row, and appeals her execution as a

violation of her right to the 8th Amendment of the constitution, no cruel and unusual punishment

(Zender, 2016.) It is because of this that executions have become more private, fickle, and

tedious. Jeffrey Toobin from The New Yorker states that he pities the modern executioner for

having to conduct their work precisely; since 1890, the Justices stated that the process cannot

include torture or a lingering death or those responsible will face serious consequences. Toobin

then questions the contradiction of mercy killing, to lay no harm, yet kill the person. Although

some will argue that a free world needs capital punishment. Logically, families of victims may

not rest knowing that the perpetrator is still out there, they feel unsafe and abandoned by the

justice system (Gibson, 2015.) Kyle Gibson of Mic.com, mentions how there are smart criminals

that will commit crimes for imprisonment, but not execution. He means of how the freedom

America presents might pose too much opportunities for those with bad intentions, good points

with probable situations, but it begs the question of how common are those situations, and how

the mindset of criminals and different people work in different situations, etcetera. Even then, the

moral and practical reasons for keeping executions still holds no candle to the issues that follow.

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The death penalty, as effective as it was throughout history, is dying and has no relevant

use in todays society, and is even detrimental to keep for state governments. The practice had

become redundant and painstaking, mainly due to litigations and processes. While being

immensely costly, sentences and court cases were so long and drawn out that death row inmates

would crowd, leaving people wondering if the punishment is worth it at all anymore. Yes there is
leeway to say that death offers deterrence, retribution, and closure, but those pale in comparison

to the needs of an evolving society and justice system. David Von Drehl clearly and sullenly

declares, The modern death penalty is a failed experiment. The move to abolish capital

punishment had become more practical and pragmatic, due to the harm it imposes, and not just a

moral issue. There can be solutions to these issues stemming from a death sentence, but it would

require a great deal of reforms, bills, amendments, a complete overhaul of the current system just

to keep the death penalty (Drehl, 2016.) That is a direct contradiction to the fact that keeping the

death penalty is a conservative value, but not anymore, this is on top of sharing no liberal values

either. All in all, it would be safe to say that in two sides of the coin, the benefits that a death

sentence brings is nothing compared to all the problems, dilemmas, time, and money that follows

suit. Morally, practically, and rationally, the death penalty does not function in a modern world. It

should be all-or-nothing when carrying out a death sentence, and the U.S. is struggling

somewhere in between.

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Works Cited

Zender, Daniel. "The Death Penalty Endgame." The New York Times. 16 Jan. 2016.

"The Death Penalty and Deterrence." Amnesty International USA. Web. 17 Nov. 2016

Holloway, Philip. "Death Penalty: Why America Needs a Rethink." CNN. Cable News

Network. 26 Jul. 2015

Gibson, Kyle. "Death Penalty Repeal: It's Necessary to Use Capital Punishment in a Free
 World." Mic. 24 Oct. 2015.

Drehl, David Von. "Here's Why The Death Penalty Is Doomed in America." Time. 08 June

2015

"Studies: Death Penalty Discourages Crime." Fox News. 11 June 2007.

Toobin, Jeffrey. "Cruel And Unusual." The New Yorker. 15 Dec. 2013.

Muhlhausen, David B. How the Death Penalty Saves Lives. U.S. News and World

Report. 29 Sept. 2014.

Smith, Michael. Society benefits from death penalty Daily Herald. 23 Apr. 2012

Banner, Stuart. The death penalty: An American history. Harvard University Press, 2009.