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Fawziah Alharbi

Dr. Cassel

1ENG 1201-215

10 November 2018

Death Penalty

When I was in Saudi Arabia, for my paper of Masters. I researched and surveyed all the

women prisoners. There was just one woman that was different; she was very quiet and did not

want to talk. She surprised me. A guard had to be in the room with her. She was very forlorn and

very depressed. She could not speak, and she could not listen. I repeated my questions to her

many times, and she did not answer me. I thought something in her mind was off. After that, I

asked the social worker what was wrong with her. They told me a long story about her. She was

sentenced to death. The sentencing was harsh. I did not imagine that I would meet someone

waiting for death, and this news made me cry. The death penalty is cruel, therefore, it should be

abolished. Does anyone deserve to be executed? Who would deserve it and how would they do

it? There are lots of things which are linked to this topic which worry me a lot. For example, if

the death penalty is cruel punishment, then why are countries like the USA, Pakistan, Japan,

China and 53 other countries are still practicing it. Moreover, if it is not then why along with

some states of USA all the other countries have to get rid of it. In all the European countries

except Belarus, the capital punishment is banned. Moreover, I wanted to evaluate that why it is

such a controversial topic. Why are nations unable to decide either they should abolish it from

the country or still implement it?

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Most of the time the ethical justifications are given for the restriction of capital

punishment, as it is claimed that it is not morally right to deprive a human being of his life for a

crime. I want to inspect the reality of these arguments. I think by having detailed knowledge

about this topic, I will be able to get the answer to all these questions. This regret is even more

significant for them. Almost 144 people have been wrongly executed, since 1973. Their evidence

of innocence was gained after their death while further investigation was arranged. Such type of

guilt eats them alive, and they are unable to do anything about it (Kenneth). They have also

confirmed that no amount of therapy is sufficient to bring them out of this guilt trip they are

trapped in it throughout life. I feel that the death penalty is an unethical practice in the context of

criminal justice administration, and it should be abolished. I am deeply depressed by the topic

because it does not ethically address crime; preferably, it is just a proliferation of crime in our

modern society. It is necessary that capital punishment should be abolished from law and

practice as it does not deter crimes but deprived a person of the chance to repent and to correct

the mistake.

Capital punishment is a practice of executing criminals for giving punishment for their

heinous crimes after a legal trial. More than one way is used for the execution such as lethal

injections, electric chairs, hanging, starvation, and gas chamber. The death penalty was first

established in the 18th century B.C. during the period of King Hammurabi. It was codified for

almost 25 different heinous crimes including rape, murder, marrying a Jew and not confessing

the crimes. In the 10th century, hanging became a primary method for execution in Britain

(Richard). Over the time from the 18th century B.C. the trend of capital punishment only

increased as in the reign of Henry VIII above 72,000 people were executed. However, even after

so many executions the crime rate in Britain only doubled in the next two centuries. Britain only
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increased the executions for the crimes. Even at one time, 222 crimes were punished by death

penalty including a simple crime like cutting down a tree. Britain also influenced the other

countries like America to use the death penalty. European settlers also started practicing capital

punishment, but the crime rate remained the same. However, in the 17th century, people realized

that it was very inhumane practice and should be abolished from the law and practice. Cesare

Beccaria’s essay On Crimes and Punishment published in the year 1767. This essay had a

significant impact on the world and after that efforts to get rid of this cruel act increased.

Currently, 53 countries are implementing it while all the others have got rid of it (Robert)

The criminal justice system of the countries is not free of mistakes. The judicial systems

of the countries are not perfect so the wrong verdicts can be given due to which the chances of

execution of innocents are also present. One wrong decision due to human error can give

irreversible punishment to a person. Since 1979 almost 163 people have been found innocent in

America which was included in death row, some of them were only seconds away from

execution (Foley and Blomberg). However, it is not possible that every time people are saved on

last time. Some are executed and their evidence of innocence found afterwards. For example, in

the year 1993 police charged a person named Cameron Todd Willingham for setting a fire in his

own house. The fire took the lives of his three daughters. Judges gave him capital punishment.

However, after his execution police found out that he was innocent and he had not done the

crime, but the decision was irreversible. It is not the only case of wrong execution almost 144

people since 1973 have been wrongly executed. It is necessary that all the countries get rid of

this inhumane and cruel practice. In the following figure, one can observe that since 1976 almost

1,485 executions have taken place from which 144 were innocent people who were identified

(info.org):
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Figure 1: Number of Executions since 1976

There is a possibility that some of the people who were innocent but have not identified

even after their death. From the graph, one can also evaluate that in the past execution rate was

less, but in the year 1998, almost 98 executions took place. In the following year, the executions

reduced yet their numbers are significant which is alarming for the country. From the year 2012

to 2018 a significant reduction in death penalties has been observed (info.org).

It seems like common sense that it is cheaper to execute a person instead of house feeding

and take care of a person for a long time. However, the reality is against it there are several

unavoidable costs which make the whole procedure of capital punishment quite expensive. The

cost of the death penalty is high because the death penalty in the US criminal justice system has a

unique status. This is mainly because it is the only form of punishment which is truly irreversible

due to which constitution require to follow the long and complicated procedure for capital cases

such as even after the issue of death sentence several mandatory reviews are conducted (ca.gov).
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Capital punishment is a costly practice such as only in the state of California almost $4 billion

spent to execute the 13 murderers. Although this amount can be used to hire 80,000 police

officers who will be capable enough to deter 466 murders in the state. Researchers have claimed

that the death penalty system of California is the largest one in the USA and it costs 18 times

higher than to execute a person than keeping him in a sentence without parole. In this specific

picture, the number of executions by the state has been discussed. One can easily observe that in

the state of California most of the victims of death row are present (McDermott) In California

alone, almost 740 people of death row status are present and waiting for their execution.

Figure 2: Death Row Inmates by State

Capital punishment is only for the poor people who cannot afford the excellent attorney

while the rich criminals can get rid of death row easily. For instance, almost 22,000 murders

occur in the USA per year. However, it has been observed that only 1% culprits get death

sentences. Even from this 1% most criminals can get rid of punishment by hiring a reliable

attorney. Accused should have to be productive for hiring a talented attorney who presents his

case in an effective manner. For example, the lawyer of OJ Simpson has received an amount of
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$5 million for defending him in the case (info.org). According to an article of Danielle Eckenroth

“A person’s wealth and the lifestyle that wealth affords them may be used as a defense.” It is

important because the author has also explained that trend of American justice system has

changed over time as wealthy people are given lighter sentences than the ordinary people who do

not possess as much money. (Eckenroth)

The countries which are implementing capital punishment claim that they do not have

alternatives for this. It is crucial to punish the criminal for his intentional heinous crimes as the

crime of one single person affects the whole family. The only retribution for the victim is a death

sentence. However, this claim is not right because worst of the worst criminals do not deserve to

die in such a brutal manner (Grossman). The alternatives of capital punishment can be evaluated

and significantly implemented such as life imprisonment, which is an effective alternative. If the

criminal will live his whole life behind bars for committing serious crimes, then it is not a severe

punishment (Grossman). Moreover, the society will be saved from his wrath. The chances of

reform will be there for the criminals.

“An eye for an eye leaves the whole world blind” is a famous saying of Indian Leader

Mahatma Singh Gandhi. Gandhi Institute of Nonviolence claimed that violence is not the best

way to abolish the crime from society. It will only continue the cycle of violence as this method

will only make the whole society blind. The blood cannot be cleared with blood it requires water

to clean the mess. For example, if a criminal is given capital punishment for murdering a person,

then the family of the executed person will seek revenge, and in this manner, the cycle will

continue for generations. There will be no end to this problem. Similarly, giving death

punishment for the heinous crimes will not abolish these crimes from the society. To finish the

crime, it is necessary to work on the root causes, not on criminals (Grossman).

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Many researchers have accused that capital punishment is racially biased punishment.

The researchers have observed that almost 40% of people in the death row are African American

or black people. This is mainly because the research has proved that there are 4 times more

chances that jurors will give the death penalty if the defendant is a black person. Along with

black people, minority groups are also a victim of the death penalty. While in the same case the

white people have only 1% chance of receiving the death penalty. Previous data also confirmed

that almost 20% of black defendants who have been given the death penalty were convicted by

white juries (Bordt). Moreover, it has also been observed that the rich black people can skip the

penalty by hiring a excellent attorney and giving him a colossal amount. While the indigent

defendants who do not have the strong financial background they cannot hire powerful defense

attorney due to which they are executed at the end. Research has proved that the death penalty is

a lethal lottery. For example, if 15,000 to 17,000 murders are committed in a one single year than

only one 120 people will be sentenced to death punishment which makes an only 1% of this

figure. After this analysis, it could be said that capital punishment is not a significant

punishment. (ca.gov)

It is the common claim that the defendant of homicide should be executed as it will sooth

the pain of the victim’s family. It has been observed that families of murder victim undergo

significant trauma because their loss is irreparable. No one can bring the person back. However,

it is also a fact that executions do not help in this matter (Richard). Executions cannot heal the

pain which they are feeling or help them overcome their sufferings. It will only bring pain to

another family. They also have to face the same loss and live with it throughout their life. The

extended procedure before executions are prolonged which only contributes to the agony of

family. It is necessary that alternative solutions should be evaluated instead of passing the cycle
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of pain from one family to another. For example, it has proved that executions are very much

expensive so instead of wasting the money on killing a person it can be used for the counselling

and assistance of the family who are suffering. Moreover, financial aid can be provided to them

as it will be more beneficial for them (Greenawalt). The money can also be used for the

counselling of defendants. Most of the time people are not too wrong or criminal mind there is a

possibility that they have committed the crime in the moment of sudden extreme anger or under

any other emotional influence. With proper counselling, the feelings of regret or guilt can be

initiated in him. There is a possibility that after counselling the conduct of person will be

improved and he displays the best behavior in the facility. By seeing his ethical conduct, the

criminal justice system can allow him to live again in society and start a new life with a certain

mindset. However, if the person is executed, then his chance of correcting the wrong deeds is

completely ruined (Grossman).

Figure 3: Countries with Most Executions

Many scholars claim that the death penalty does not deter crimes. For instance, Death

Penalty Information Center has revealed that in the past 40 years almost 1,184 executions took
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place in the south region of America while in Northeast only 4 executions took place. The

figures for 2015 have revealed that a number of homicides in the South region are 70% more

than the Northeast States. However, different behavior has been observed such as in the year

1976 Canada got rid of the death penalty from both practice and law. In the year 2016, the lowest

crime rate has been noted in Canada since 1966. Developed countries like the USA, China, and

Japan are still implementing a death sentence. Almost 101 countries have got rid of capital

punishment while 53 countries are still implementing it. Every year more than 1,000 executions

take place in China. While in the year 2017, 993 people were executed excluding China as the

exact number of executions is not revealed by the government. Moreover, the judges have given

death sentence to almost 2,591 people in various countries across the world in the year 2017.

However, still, 13,410 murders per year take place in China according to a report. The USA was

at the 5th position in the world for practicing executions. However, over the time this position

further went down now it is on 7th position, but it is necessary that the USA get out of this list

(info.org).

Almost 101 countries have abolished the death penalty from their countries. However, the

USA which is most developed and industrialized but it is still implementing capital punishment

due to which its image in front of the world is not very good. Most of the countries which are

still practicing capital punishment involve Pakistan, Saudi Arabia, Iran, China, and Japan. The

image of all these countries is not very good in the eyes of Europe. As the death penalty is valid

in some of the states of the USA due to which it also gives the wrong impression to the world.

The world takes America as a developed but traditional-minded country who cannot get rid of

cruel punishment. It is necessary that America take significant steps to abolish this cruel and
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unusual punishment from the country to improve the image in the world and also in the European

countries (info.org).

People suffering from some kind of mental illness can commit the heinous crime under

the wrong psychological condition. According to research, anxiety disorders are prevalent among

the American people. It has been observed that more than 40 million adults are suffering from

any kind of anxiety disorders in the USA. The age of this people is mostly 18 and above. The

crime rate has been increased due to the mental condition of the people. They can be involved in

drugs, alcohol or any other activity which they think is suitable for them to ease the pain at that

time (McCafferty).Moreover, the healthcare facilities in the country are not sufficient to deal

with these patients. For instance, almost all the anxiety disorders are treatable, yet 36.9% of

patients are receiving the proper treatment while all the other psychological people are a

significant threat for the society and their self. There is a considerable possibility that when the

person has committed the crime, he was not in the right condition of mind. If judges give him

capital punishment without having a proper checkup of his mental condition, then there will be

no justice. Moreover, such type of people do not deserve the capital punishment they need proper

treatment and counselling to avoid the problem (ca.gov).

Capital punishment is not ethical in any way. It is the fundamental right of every human

to live no one should be given such severe punishment which takes their life. Moreover, there is

not even a single method to execute the prisoners in an inhumane way. The death is excruciating

to experience for prisoners. For instance, in the year 2006, execution of Angel Diaz took place

with lethal injection (Bessler). She died after two doses of the lethal injection and bearing them

for almost 34 minutes. Doctors also confirmed that she was in too much pain. Chirta Dorian

(2018) has claimed in the article that “death penalty specifically raise serious problems as to
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respecting human dignity and the fundamental human right.” It is important because the author

has also confirmed through research that capital punishment is unethical as it is not suitable for

human dignity (Dorian). Moreover, methods like shooting, beheading, and hanging are also

ruthless. Furthermore, violence cannot finish the violence it only ignites the feelings of revenge

in the prisoner’s family. Some of the countries like Iran and USA live broadcasts the executions

of the prisoners. According to UN human right experts, there is no legitimate reason for the

executions in public. It only enhances the negative feelings in the mind and heart of people and

takes them towards cruelty (Sarat).It is a way to degrade human life. The experts have also

claimed that all the executions severely violates right to life (Sarat).

It is necessary that countries get rid of this brutal punishment and implement lifetime

imprisonment which will give a chance to the prisoners to reform. Continuous brainwashing and

counselling sessions can help him to get out of the negativity and repent. While to cover the

damage of the victim a significant amount can be given to him which will help the family to

survive. Moreover, after seeing the excellent conduct of the prisoner, he can appeal to the

judiciary for the release and then he can lead a peaceful life in the society. In this manner, the

chances of execution of innocent people will also reduce in the society. For reducing the crime

rates in the society, it is necessary that the root causes of the crime are evaluated and then

according to that effective strategies are designed to stop them in the society. Without evaluating

the right reason for the crime, the criminal justice system cannot be improved. Banishing capital

punishment from the country is also necessary to improve its image in front of Europe world.
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Work Cited

Sarat, Austin. Gruesome Spectacles : Botched Executions and America’s Death Penalty.

Stanford, California : Stanford Law Books, an Imprint of Stanford University Press,

[2014], 2014. EBSCOhost,

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b=cat01128a&AN=scc.b1702125&site=eds-live.

Dorian Chirta. “The Observance of Fundamental Human Rights. The Death Penalty and

Corporal Punishments. The Prohibition of Torture and Inhuman or Degrading

Punishments.” Challenges of the Knowledge Society, Vol 12, Iss -, Pp 48-55 (2018), no.,

2018, p. 48. EBSCOhost,

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b=edsdoj&AN=edsdoj.9f70dc253e514d5f9d82694cc3e6aca4&site=eds-live.

Eckenroth, Danielle. “Wealthy ‘Justice’: The Role Wealth Plays in Sentencing and in the

Affluenza Defense.” New England Journal on Criminal & Civil Confinement, no. 2,

2015, p. 443. EBSCOhost,

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sinclair.ohionet.org:80/login?url=https://search.ebscohost.com/login.aspx?direct=true&d

b=edsgao&AN=edsgcl.415944158&site=eds-live.

Grossman, Drew Isler. “Would a Corporate ‘Death Penalty’ Be Cruel and Unusual Punishment?”

Cornell Journal of Law and Public Policy, no. 3, 2016, p. 697. EBSCOhost,

sinclair.ohionet.org:80/login?url=https://search.ebscohost.com/login.aspx?direct=true&d

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McCafferty, James A. EBSCOhost,

sinclair.ohionet.org:80/login?url=https://search.ebscohost.com/login.aspx?direct=true&d

b=edshtl&AN=mdp.39015002289158&site=eds-live. Accessed 19 Nov. 2018.

Bessler, John D. Cruel & Unusual. [Electronic Resource] : The American Death Penalty and the

Founders’ Eighth Amendment. Boston : Northeastern University Press, [2012],

2012. EBSCOhost,

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Williams, Kenneth. “Why and How the Supreme Court Should End the Death

Penalty.” University of San Francisco Law Review, no. 2, 2016, p. 271. EBSCOhost,

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b=edsgao&AN=edsgcl.494561191&site=eds-live.

Greenawalt, Kent, author. Cruel and Unusual Punishment. Oxford University Press,

2015. EBSCOhost, doi:10.1093/acprof:oso/9780199756155.003.0006.

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http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199756155.001.0001/a

cprof-9780199756155-chapter-6

Sarat, Austin, et al. “The Rhetoric of Abolition: Continuity and Change in the Struggle against

America’s Death Penalty, 1900-2010.” Journal of Criminal Law and Criminology, no. 4,

2017, p. 757. EBSCOhost, sinclair.ohionet.org:80/login?url=

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&site=eds-live.

Bordt, Rebecca L. “Only Some Are Dead Men Walking: Teaching about Race Discrimination

and the Death Penalty.” Teaching Sociology, vol. 32, no. 4, Oct. 2004, pp. 358–373.

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b=sih&AN=15040324&site=eds-live.

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in the United States, 3d Ed.” Reference & Research Book News, 2007. EBSCOhost,

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McDermott, Jim. California has over 700 people on death row and executions could begin soon.

20 4 2018. https://www.americamagazine.org/politics-society/2018/04/20/california-has-

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Appendix
Interview :

Cassidy Alspaugh. “Opinions on Death Penalty.” 31 Oct. 2018.

What is your opinion on the death penalty?

I don’t know how I feel exactly about the death penalty. I think overall, it’s not a good

idea, but it could be rightful justice for extreme cases.

Do you think the death penalty is a solution?

I think it’s a solution to extreme cases, such as proven serial killers, and criminals of

that nature.

Do you have any ideas for other solutions?

I think lifelong prison works fine. I think counselling, or psychiatric evaluation would be

beneficial making any big moves. I think examining the circumstance of their situation

is what matters the most. Keeping someone in prison to assure of their rehabilitation

and change of mind might lead to releasing a better person out into society.
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