“Capital punishment as a controversial and divisive matter in the criminal justice of the United States is still prevailing. Although a matter of opinion when viewed through the prism of law and real-life experience, most arguments for keeping the death penalty intact are very convincing. This paper will discuss the three legal reasons that suggest the retention of the death penalty in the United States. First of all, the death penalty acts as a formal and balanced punishment for the harshest crimes. The Eighth Amendment of the U.S. Constitution offers a ban on “cruel and unusual punishments,” nevertheless, the Supreme Court has always affirmed the death penalty as a legal method of punishment (Albert et al., 2021). In the case of Gregg v. Georgia (1976) the Court decided that the death penalty, per se, is not a violation of the Eighth Amendment as long as the procedure followed to apply this penalty is fair and not arbitrary. This ruling acknowledged the gravity of certain crimes e.g. premeditated murder, and accordingly, an appropriate punishment that commensurate with the crime committed. The decision of the Supreme Court in Gregg v. Georgia was dictated by the principle of retributive justice which implies that the penalty should be equivalent to the crime. The premeditated and aggravating factors such as torture or the targeting of vulnerable victims are regarded as the absolute worst that a person can do. The only fitting and proportionate punishment for the loss of an innocent life should be the death penalty, which is a fitting punishment for such a heinous crime. Conclusively, in Gregg v. Georgia, the Court gave importance to the principle of procedural safeguards so that the death penalty would not be applied randomly or discriminatorily. These features consist of a two-fold case process, strict criteria for admissibility of evidence, and an automatic appeal in every case. The Court’s decision to execute the death penalty under these restrictions makes it legitimate and just if well exercised with due caution and care.”
In addition to that, it can also be used as a deterrent when it comes to the most dangerous crimes. Another evidence of capital punishment’s deterrent is Hennig’s (2021) study, which proves that homicide rates are lower in countries with capital punishment compared to those without it (Hennig, 2021). Hence, this shows that there is the highest chance that such a punishment can deter people from doing the most terrible acts of violence that may definitely endanger members of the public and, at the same time, may not be just. The death penalty as a deterrent remains a subject of controversy, and some researchers also claim that it is not an effective deterrent. Yet, a lot of information indicates that capital punishment is a deterrent for not only premeditated murder but also other crimes as well. A 2015 study conducted by the Brennan Center for Justice at the New York University School of Law has stated that, on average, 18 murders were committed in the US for each execution carried out (Roeder et al., 2015). It says that the death sentence is one of those tools that reduce the most severe violent crimes and also safeguard the lives of innocents.
Also, the deterrent influence of the death penalty is not only about its direct application itself. Capital punishment, being a possible punishment for most heinous crimes, can, in turn, shape the behaviour of individuals who might otherwise be engaged in such acts. The death penalty can serve as a strong symbol of society’s condemnation and final punishment for breaking the social contract. Hence, it can lead criminals to think twice before breaking the law and to create a broader culture of law and order. To end with, the death penalty gives the victims of horrible crimes who have lost dear ones and their relatives relief and a sense of justice. Indeed, as Harris (2021) mentioned, justice for the families of murder victims is based on the understanding that the culprit has been punished by severe punishment. This might be a fundamental part of recovery and may help to restore a feeling of order and justice in the community after a catastrophic event. A murder deeply and extensively affects the family members of the victim. The mental health consequences of such individuals, which include sorrow, pain and feelings of loss, are so deep that the criminal justice system should grant them a better form of justice and closure. The death penalty, when administered fairly and uniformly, may serve as a powerful symbol of societal condemnation and grant recognition of the profound gravity of the crime that deprives the victim and their family of life. In addition to this, the death penalty as a possible form of punishment can provide a feeling of safety and security in the surrounding area. The knowledge of the harshest criminals receiving the ultimate punishment can give the impression that their confidence in the criminal justice system will be enhanced, as well as the trust that justice will be served. It will contribute to the broader culture of respect for the law and a more cooperative police force, which is necessary for the maintenance of public order and the rule of law.
In conclusion, the legal grounds that there should be the death penalty are convincing. Capital punishment, as the just and proportioned punishment for the most heinous crimes, makes the crime deterrent effective and satisfies the sense of closure and justice for the cruelty victims and their families. Although the discussion about the death penalty will go on for a long time, the data presented above shows that it remains a federal necessity and is a necessary measure within the criminal justice system of American society.
References
Albert, A., Bain, T., Brico, E., Dinkins, B. M., Houston, K., McMillan, J., & Quarles, V. (2021). Ending the Family Death Penalty and Building a World We Deserve.
Harris, L. (Ed.). (2021). Right Here, Right Now: Life Stories from America’s Death Row. Duke University Press.
Hennig, B. D. (2021). In Focus: The Death Penalty Across the Globe. Political Insight, 12(2).
Roeder, O. K., Eisen, L.-B., Bowling, J., Stiglitz, J. E., & Chettiar, I. M. (2015). What Caused the Crime Decline? SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2566965
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