( Originally submitted as a term paper for an English course (Instructor: S. Winifred Morgan) at Edgewood College, Madison, WI, on 12 May 1996. )

In most of the industrialized world, capital punishment is not used to punish criminals. Even South Africa, once notorious for its many executions, is giving up capital punishment. However, it is still used in the United States. The capital punishment debate in the United States has raged for almost four hundred years. Supporters of capital punishment often cite its roles as deterrent and retribution as reasons for their support of the death penalty. Opponents of capital punishment cite its arbitrariness and finality as reasons for their opposition against the death penalty. Because capital punishment can lead to an unequal application of justice, sometimes to the point of executing innocent persons, no amount of argument from its supporters should prevent it from being abolished.

The Arguments of Those Who Favor Capital Punishment

Supporters of capital punishment begin by arguing that capital punishment deters murder. This view has been held for thousands of years. In his book The Penalty of Death, Thors

Supporters of capital punishment also argue that society must retaliate against criminals. They conclude that the best possible retribution against a murderer is capital punishment. Sellin quotes Exodus 21:23-25, "Whenever hurt is done, you shall give life for life, eye for eye, tooth for tooth,..." (Sellin 14). In a Congressional Quarterly research report, "Death Penalty Debate Centers on Retribution," Richard L. Worsnop notes that this argument is not the only basis for retribution against criminals. Justice Potter Stewart notes that "The instinct for retribution is part of the nature of man, and channeling that instinct...serves an important purpose in promoting the stability of a society governed by law" (Worsnop 12-13). Stewart also predicts that if the state does not execute murderers, lynch mobs will (Worsnop 14).

Now that the arguments from each side have been heard, they must be weighed. The supporters clearly have not proven the deterrence argument, despite the fact that it seems to make sense. Those who believe that retribution against murderers is a good argument for capital punishment will not change their opinion unless solid facts refuting them are presented. However, such facts do not exist, so this is not possible. The opponents' arguments about arbitrariness are solidly rooted in fact. Even if one presumed that the supporters had refuted this, they could not refute the argument that the finality of capital punishment does not allow errors to be corrected.

When the case was submitted to the jury, if the defendant was black instead of white he would, at best, face the same prospect that the jury would deliberate his case at first degree murder. At worst, the black defendant would be 56 times as likely to face a first degree murder deliberation than a white defendant (Nakell 139-44). At sentencing, the key factor was the race of the victim. If the victim was white instead of black, the defendant was six times as likely to receive a death sentence (Nakell 144-9). The prosecutor is most likely to cause arbitrariness (Nakell 152).

Some common words found in the essay are:
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Approximate Word count = 2213
Approximate Pages = 9 (250 words per page double spaced)