Death Penalty

lawethicscrimejusticepunishment

Get to the Point

The death penalty should remain legal for the worst murders.

Keep Capital Punishment

For the most heinous, premeditated murders, death can be a constitutionally permissible and proportionate penalty when guided by standards, as upheld in Gregg v. Georgia (1976).
Gregg v. Georgia (1976) — Justia
Some econometric studies report an association between executions and reductions in homicide, suggesting a possible deterrent effect beyond lengthy prison terms.
Dezhbakhsh, Rubin & Shepherd (2003) — SSRN working paper
The prospect of a death sentence can increase guilty pleas to life without parole in death-eligible cases, which can avoid lengthy trials and appeals.
Vera Institute — In the Shadows: Plea Bargaining (overview)

Abolish Capital Punishment

Since 1973, at least 200 people sentenced to death in the U.S. have been exonerated, demonstrating a non-trivial risk of wrongful execution.
Death Penalty Information Center — Innocence
A National Academies review concluded that existing research is not informative about whether executions reduce, increase, or have no effect on homicide.
National Academies (2012) — Deterrence and the Death Penalty
Race—especially the victim’s race—and local practices strongly influence who receives death sentences, indicating persistent arbitrariness.
DPIC — Race and the Death Penalty (By the Numbers)

Summary

Supporters argue capital punishment remains a constitutionally valid, proportionate response to the most egregious murders and may deter some planned killings or induce plea agreements that deliver finality. Opponents counter that wrongful convictions make an irreversible penalty unacceptable, high-quality reviews find no reliable evidence of deterrence, and enduring racial and geographic disparities undermine equal justice.

Historical Context

After Furman (1972) halted executions, the Supreme Court upheld revised statutes in Gregg (1976). Since then, use has narrowed and public support has declined as exonerations and method controversies (e.g., nitrogen hypoxia) keep accuracy and humaneness in focus.

Death Penalty

Get to the Point

Keep Capital Punishment

Abolish Capital Punishment

Summary

Historical Context

Sources