death penalty synthesis essay

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"The Death Penalty" by David Bruck

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The Practice of Death Penalty Essay

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Introduction

Anti-thesis, reference list.

In regard to the issue of criminal justice, an area that has attracted a lot of split points of discussion is the area of death penalty. This refers to taking a person’s life following an order from the judicial system considered to be the penalty for committing an offence. Scores of masses support the death penalty sentence but there have been a lot of calls to abolish the death sentence.

As at the present, a majority of the countries in the world have agreed to the pleas to do away with death penalty, either lawfully or in practice but there are some countries that still exercise death penalty even including it as a law. An example is the USA where the supreme law has actively retained and practiced capital punishment or death penalty.

Ulcepo (2003) noted in his article that though capital punishment continues to be practiced today in several countries like the USA, my feeling is that pleas calling for the abolishment of the death penalty should be heard owing to a number of feelings that have continued to be expressed.

Crimes that fall under the capital crimes are murder, rape and drug dealing. Sentencing a criminal who is said to have committed a capital crime to death has not shown any deterrent factor in ensuring that would-be-criminals are discouraged from committing crime.

Despite criminals being sentenced to death, capital crimes such as murder and rape have been on the rise as indicated by the statistics. This therefore shows that the intended reason for the death penalty which is majorly to deter such crimes from elevating has failed which begs the question of why it is still continually practiced.

The mode which death penalty is administered has been shown to be inclined towards certain race and the poor. Statistics conducted on the number of the death row inmates have shown that a majority of those awaiting prosecution draw their origin from a certain race, the minorities as well as those who hail from poor backgrounds.

This shows that the method of profiling used in the judicial process is bias and therefore it is fit to say that justice is not administered fairly and hence the call for abolishment of capital punishment (Ballard, 2003).

An economic consideration should be given to the costs of death penalty. The process of trial and convicting a criminal and finally executing them have been found to be much higher than the alternative to capital punishment which is life imprisonment. The process of convicting a criminal is a long one and which call for several sources of gathering facts.

In the society we live in today there are high chances that the process of gathering the facts will be prone to manipulations owing to influence and interests of the involved individuals. The result is that there arise cases which an innocent person is wrongly subjected to death penalty. This is wrong since a person’s life is taken unjustly. Religion has always been a major facto in shaping our morals and the way we make the laws (Blume, 2008).

Morality as well as the law teaches us that nobody has the right to take another person’s life. Executing a person therefore goes against the moral plea which shows how much we are contradicting that which guides us. Sentencing a person to death penalty in a bid to accord them a punishment that is equal to the crime they committed is not serving justice but rather a form of revenge.

Revenging does not completely justify the death penalty since circumstances arises that influence innocent individuals to act in a certain manner or accidentally and offering death as a means to gain fairness shouldn’t be the solution. The person should be allowed a chance to reform and the situations that led to such circumstances mitigated. A combination of these reasons should serve fairly to convince the government to abolish death sentence.

Despite the numerous calls to put an end to death sentence, it is important to understand the reason why it is there in the first place which is that it serves its intended purpose and therefore should continue to be practiced. Person’s who commit capital crimes are usually a threat to the community and it is only fair that for the public to live in peace, they should be eliminated totally from the public just to be sure. Such crimes that fall under the capital crimes are murder, rape and drug dealing.

According to CliffsNotes.com. (2010), when a criminal of such an offence is sentenced to death, this has a lot of impact in deterring other criminals from engaging in similar or other offences.

This works to reduce the rate of crime prevalence in the society. Another purpose that death penalty serves is seen in consoling the families of the victims; the families of the victims who were offended by the criminal usually breath a sigh of relieve when they get an assurance that the offender has completely been eliminated and therefore they get a feeling of emotional compensation for the injustice done to them. This is always a fair means of ensuring that justice is served and that everyone gets what thy deserved.

The death penalty is not exactly discriminatory along the lines of race and social class as claimed. These allegations are usually based on the statistics collected on the number of the death row inmates as well as those already executed. Despite the truth in those statistics that a majority of the people belong to a certain race or are the poor, the amendments in the law takes care of any forms of discrimination and the judicial process has clear guidelines where a person is protected against unfair ruling.

A detailed and comprehensive evaluation of those convicted to be executed and the process of the judicial ruling on their cases saw no violations in the law statutes and hence the conclusion that those who are convicted as death row inmates are lawfully in that position as opposed to claims that it was inclined towards racial social class circles (Blume et.al, 2003).

The argument rose seeking to explain why death penalty should be abolished state that an alternative should be adopted in its place which is to sentence the criminals for life imprisonment without parole? The issue I have with this alternative is that it is a well known fact that it costs the taxpayer a lot more money to keep a criminal in life imprisonment as compared to when the criminal was sentenced to death.

With the current looming era of economic crisis, governments from allover the world are doing all they can to cut the unnecessary costs incurred in order to survive the crisis. Killing murderers would cost less than imprisoning them for life, which is what the government needs during these difficult times (Eddlem, 2002).

In the course of delivering judgment on the numerous capital offences, mistakes are bound to be committed where an innocent person is convicted to death penalty. As people argue to support this point they fail to look at the positive side of the issue which is it still serves as a deterrent factor preventing lots of crime which is of much importance in ensuring peace and tranquility which in turn fosters economic benefit in terms of productivity.

Think of a person who commits murder, think of him as a person on the loose and likely to commit more murders if they continue existing. You will agree with me that it is also a feeling of the majority that such a person had better been eliminated first to serve them with an equal punishment and secondly to eliminate such a violent and wicked criminal (Blume, 2008).

A major position taken by those who seek to support the existence of death sentence is the claim that it deters crime from reoccurring. The argument here is that when a person who committed a capital crime is executed, this is going to make criminals who were contemplating committing crime to stop out of fear of being subjected to death too. This has not been fully been effective as evidenced by the continued prevalence of numerous cases of murders, rape, robbery with violence as well as drug trafficking.

It should be understood that the deterrent effect is only felt in cases where the crime committed was premeditated and carefully planned. In the case where the criminal is able to convince themselves that upon committing the crime they won’t be caught, the deterrent effect can fail to be effective. This often the case a majority of the times and hence the death penalty fails to serve its intended purpose.

According to CliffsNotes.com. (2010), there is a common tendency to support the death penalty by basing its reason on the fact that it serves the criminal with a just punishment which is equal to the crime committed. The concept they use is the one advocated in the bible by Moses in the Old Testament which is an eye for an eye.

This argument is not justified as this religious concept was revised by Jesus who replaced it with the concept of loving ones enemy. This argument cannot be used to state that justice is offered since there can’t be an equivalent of justice to repay the victims of the crime. Contrary to what the penalty is said to accomplish, it is actually some form of revenge as opposed to serving justice.

What they fail to understand is that some crimes are not premeditated or planned but are carried out as a result of the pressure the person is under or a circumstance that forces the person to act in a particular manner. Killing such a person is not justified as the person is subject to reform and should instead be allowed to recover and return to normalcy.

Killing a person also takes away another source of labor in the society which means the persons input in the society will be lost (Hawkins, 2002).

The concept of death penalty is usually discriminative in the basis of race and social class. Most of those convicted and sentenced to death penalty are from the underprivileged minorities as well as the poor. This was based on the statistics collected on the death row inmates but was later challenged by supporters of the death penalty saying that the law amendments were not violated.

A further look at the statistics indicates that the underprivileged also formed the majority of those who had been found to be falsely convicted over time. This only serves to justify why the death penalty should be abolished since it was being manipulated to and administered discriminatively (Blume, 2008).

The process of convicting a criminal to the time they are executed is said to cost a lot of money. There have been attempts to support death sentence on the basic of the saving money that would have been used to keep that person in jail incase they were alternatively sentenced to life imprisonment. What these people fail to consider is that convicting a person to the point of facing a death a sentence is a long process.

Such cases go through the investigation stage, trial stage and the final execution process which when combined costs a lot more than the cost of keeping that person in jail. In any case the number of those executed per year is just a small number and which incase the state was to save any money by executing them it won’t be much (Eddlem, 2002).

A major fear that should be considered when thinking about the issue of death penalty is the question of the case where the convicted person was innocent, but is subjected to death penalty.

This would mean that the person is denied the right to life falsely. The judicial process involves several stages which are bound to be erroneous and result in the person being served with injustice. Killing the person denies the person a chance to have his innocence proven sometime in the future.

The law clearly states that every one will be judged correctly and this part s supposed to protect against being convicted wrongly. This is the same system that erroneously sentences people to death. If the death penalty continues to be practiced it means that with time there will be scores of people who will be denied the right of life wrongly (Ballard, 2003).

In conclusion, despite the numerous calls for abolishment of the death penalty by various camps, it is still continually being practiced in various countries. This is despite there being evidence to prove it hasn’t fully served its purpose and the negative sides of it.

In USA for example, a majority of the population continue to continue to support the practice of the death penalty. This however doesn’t stop the fact that morality states that it is not right for a person to take another ones life, and that God only can decide when to take a person’s life.

Ballard, S. (2003). Should Death Sentence be abolished? Web.

Blume, John H. (2008). The Dilemma of the Criminal Defendant with a Prior Record. Lessons from the Wrongfully Convicted: Journal of Empirical Legal Studies, 477 (3), 12-27.

Blume, John H., Eisenberg, T. & Wells, M. (2004). Explaining Death Row’s Population and Racial Composition: Journal of Empirical Legal Studies, 1(165-207).

CliffsNotes.com. (2010). Should the Death Penalty Be Abolished? . Web.

Eddlem, T. (2002). Ten Anti-Death Penalty Fallacies. New American, 13 (5), 13-27.

Hawkins, S. (2002). Do We Need the Death Penalty? It is Immoral and Ineffective, 12 (5), 5-12.

Ulcepo, D. (2003). The Death Penalty Should Continue To Be Used In The U.S. OPPapers, 14 (12), 2-6.

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The Death Penalty Essay, with Outline

Published by gudwriter on May 24, 2018 May 24, 2018

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Death Penalty Essay Outline

Introduction.

Thesis: The death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Paragraph 1:  

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it.

• It lacks the deterrent effect to which its advocates commonly refer.
• “There is no conclusive evidence of the deterrent value of the death penalty”
• An increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime.

Paragraph 2:

The penalty is not in order because there is no humane way to kill.

• In 2006, a lethal injection was used to execute Angel Nieves Diaz.
• It took a whopping 34 minutes and was administered in two doses.
• According to doctors’ opinion, it is likely that Diaz underwent a painful death.

Paragraph 3:  

The penalty makes a public spectacle out of the death of an individual.

• Victims are often executed in a manner that is extremely public.
• There is no legitimate purpose served by public executions which only increases the punishment’s degrading, inhuman, and cruel nature.
• Executions “carried out publicly are a gross affront to human dignity which cannot be tolerated.”

Paragraph 4:

The penalty does not apply fairly to all criminals as some people are left sentenced to death due to poor quality defense.

• Ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases.
• Whether or not one gets the death sentence largely lies in their ability to afford high quality defense.

Paragraph 5:

The death penalty cannot be taken back once it is executed.

• People may end up paying for crimes they never committed are a result of absolute judgments.
• A Texas man was found innocent after being executed.
• Criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Paragraph 6: 

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework.

• As per this framework, an action passes the ethical test only if it yields the best consequences for everyone.
• In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended.
• From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention.

The Death Penalty Essay Example

The death penalty is one criminal justice area that has attracted a serious debate about whether or not it should be abolished. The penalty enjoys a strong support from the public as people believe that it serves to deter crime as criminals are afraid of dying just like other humans. However, those opposed to it believe that there are enough reasons to warrant its abolishment. For instance, they argue that it does not deter crime as it does not address what motivates people to act criminally. This paper argues that the death penalty should be abolished because it is not one of the best methods of punishing criminals and addressing crime.

Capital punishment is not an effective way of deterring crime contrary to arguments of those who support it. This is because it lacks the deterrent effect to which its advocates commonly refer. “As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty”” (International Commission against Death Penalty, 2013). This is why a continuously increasing number of law professionals are seriously questioning the effectiveness of the penalty in preventing crime. It is wrongly assumed that one would not want to commit crime since it would possibly land them into the capital punishment. There is however no evidence to support this assumption. Even if one was to fear dying as is assumed here, they might choose to engage in crime that does not attract the death penalty.

The penalty is also not in order because there is no humane way to kill. In 2006 for instance, a lethal injection that was used to execute Angel Nieves Diaz and was deemed ‘humane’ took a whopping 34 minutes and was administered in two doses (Amnesty International Australia, 2018). According to doctors’ opinion on the case, it is likely that Diaz underwent a painful death and thus the procedure could not have been humane in any way. Other brutal execution methods used across the globe include beheading, shooting, and hanging. The nature of these deaths is such that they only continue to perpetuate the violence cycle. In addition, they add onto the pain the victims’ family would have already suffered upon a member of theirs being taken into custody.

Further, the penalty makes a public spectacle out of the death of an individual. Victims are often executed in a manner that is extremely public, with lethal injections live broadcasts in the United States or public hangings in Iran. UN human rights experts hold that there is no legitimate purpose served by public executions which according them, only increase the punishment’s degrading, inhuman, and cruel nature. According to Hadj Sahraoui, an Amnesty International official , executions “carried out publicly are a gross affront to human dignity which cannot be tolerated” (Amnesty International Australia, 2018). Normally, a human being should be allowed the right to die in a dignified manner and ‘privately’ so they may have peace during the transition. It is a right that not even law should take away.

Contrary to the death penalty proponents’ argument that it applies fairly to all criminals, this is not the case as some people are left sentenced to death due to poor quality defense. As observed by OADP (2018), ineffective assistance of counsel is one of the factors that frequently cause reversals in death penalty cases. “Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal” (OADP, 2018). Thus, it follows that whether or not one gets the death sentence largely lies in their ability to afford high quality defense. This makes this punishment method unfair.

Further, the death penalty cannot be taken back once it is executed. People may end up paying for crimes they never committed are a result of absolute judgments. “Texas man Cameron Todd Willingham was executed in Texas in 2004 for allegedly setting a fire that killed his three daughters” (Amnesty International Australia, 2018). However, it would later be revealed through evidence that he was not the one who set that fire. Mr. Willingham, an innocent citizen, had paid with his life a crime he never knew anything about nor committed. As is clear here, being declared innocent was of no use for him since it could not bring him back to life. As such, criminal justice systems should apply punishment methods that allow for the setting free of individuals should further evidence prove them innocent after they are punished.

Capital punishment is also overly controversial in terms of its ethicality and morality, in light of the Consequentialist Ethical Framework. As per this framework, an action passes the ethical test only if it yields the best consequences for everyone (Bonde, et al., 2013). The results of such an action should be such that those involved get the most good out of it. From the onset, it is the intent of any person using this framework to achieve results that would benefit all the people entangled in an ethical dilemma or issue. The framework is advantageous in the sense that it pragmatically focuses on the results of an action before the action is performed. It ensures nobody is treated unfairly in the aftermath of the action. In capital punishment, a person is killed with the apparent hope that his or her death will serve justice to the offended. From the Consequentialist Ethical Framework angle, this may not be the case.

The death penalty does not address crime effectively as it is purported to, and is also unethical. Instead, it tramples upon the human right of undergoing a dignified death and dying peacefully and out of public’s attention. There can never be a humane way to kill and no matter the crime one has committed, they should not be subjected to this painful process of dying. The punishment is also not fair as some people might while others might not afford to hire quality lawyers to defend them. Moreover, it cannot be taken back and this means once persecuted, one can never regain their innocence as well as their life.

Amnesty International Australia. (2018). “Five reasons to abolish the death penalty”. Amnesty International Australia . Retrieved May 20, 2018 from https://www.amnesty.org.au/5-reasons-abolish-death-penalty/#

Bonde, S., et al. (2013). “A framework for making ethical decisions”. Brow University . Retrieved July 3, 2020 from https://www.brown.edu/academics/science-and-technology-studies/framework-making-ethical-decisions .

International Commission against death penalty. (2013). “Why the death penalty should be abolished”. International Commission against Death Penalty . Retrieved May 20, 2018 from http://www.icomdp.org/arguments-against-the-death-penalty/

OADP. (2018). “The facts: 13 reasons to oppose the death penalty”. Oregonians for Alternatives to the Death Penalty . Retrieved May 20, 2018 from https://oadp.org/facts/13-reasons

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Death Penalty Essay Introduction — a Quick Guide

Table of Contents

The death penalty is a state-sanctioned practice where an individual is executed for an offense punishable through such means. Death penalty essay is a common topic given to students where the essay writer argues this controversial issue and takes a stand. The death penalty essay intro consists of the opening sentence, the background information, and the thesis statement.

Writing a compelling introduction isn’t easy. But with the tips and examples in this guide, you’ll be able to write a captivating introduction.

What Is a Death Penalty Essay?

The death penalty is the practice of executing a person guilty of capital murder, a crime in which the loss of life is intentional. This method of punishment has been around for as long as human civilization.

The death penalty has been controversial for a long time, with people on both sides of the fence. Supporters claim it works to deter crime, but there is no evidence to prove it. Opposers claim it is cruel and is not the best way to serve justice. 

A death penalty essay argues for or against the death penalty. This essay topic is a typical assignment given to college students. Common death penalty essay topics are as follows:

• About the Death Penalty
• Does the Death Penalty effectively deter crime?
• The Death Penalty should not be legal
• The Death Penalty should be abolished.
• Death Penalty and Justice
• Pro-Death Penalty
• Is the Death Penalty Morally Right?
• Death Penalty is Immoral
• Religious Values and Death Penalty
• Ineffectiveness of Death Penalty
• Punishment and the Nature of the Crime
• The Death Penalty and Juveniles.
• Is the Death Penalty Effective?
• The Death Penalty is Politically Just
• The Death Penalty: Right or Wrong?
• Abolishment of the Death Penalty
• The Death Penalty and People’s Opinions
• Is Death Penalty Humane?

How to Write an Interesting Death Penalty Essay Intro

Like other essays, the death penalty essay intro comprises three parts. The hook, a strong opening sentence, grips the reader, sparks their curiosity, and compels them to read the rest of the piece.

Subsequent sentences provide background information on the topic and define the argument’s terms. The last part is the thesis statement, which summarizes the central focus of the essay.

1. the Opening Sentence/Hook

The hook is a statement that grips the reader’s attention and makes them want to read on . The hook should be an exciting statement that sparks the readers’ curiosity, and sets the tone for the essay. It should give an overview of the topic. You could begin with a thought-provoking question, an interesting quote, an exciting anecdote, or a shocking statistic or fact. 

2. Background Information

Provide more information about the subject you are discussing. Create context and give background information on the topic. It could be a social or historical context. Define key terms that the reader might find confusing and clearly but concisely state why the issue is important.

3. Thesis Statement

The thesis statement is the overarching idea – the central focus of the essay. It summarizes the idea that you’ll be explaining throughout the entirety of the piece. Once this statement has been established, you’ll smoothly transition into the main body of your essay. Make the thesis clear and concise. 

Death Penalty Essay Introduction Example

Does the death penalty deter crime, especially murder? The death penalty has been controversial for years. Over the years, public opinion about the death penalty seems to have changed. But there are still people who think it is a proper punishment. I have heard the phrase “An eye for an eye” most of my life. Most people firmly believe that if a criminal took someone’s life, their lives should be taken away too. But I don’t think that will discourage anyone from committing crimes. I believe that the criminal should be given a lighter punishment. 

The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases.

A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber , followed by background information on the topic and then the thesis statement.

Abir Ghenaiet

Abir is a data analyst and researcher. Among her interests are artificial intelligence, machine learning, and natural language processing. As a humanitarian and educator, she actively supports women in tech and promotes diversity.

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Home — Essay Samples — Social Issues — Death Penalty — Capital Punishment: Supporting the Death Penalty in the US

Capital Punishment: Supporting The Death Penalty in The Us

• Categories: Death Penalty Society

About this sample

Words: 1412 |

Published: Mar 18, 2021

Words: 1412 | Pages: 3 | 8 min read

• Bright, Stephen B. “Why the United States Will Join the Rest of the World in Abandoning Capital Punishment.” Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case. Ed. Hugo Adam Bedau and Paul G. Cassel. New York: Oxford University Press, 2004. 152-182. Print.
• Cole, George F., and Christopher E. Smith. Criminal Justice in America. 7th ed. Belmont, CA: Wadsworth Cengage Learning, 2014. Print. Hall, Charlene. 'Methods of Execution.' Pro-death Penalty. N.p., 2014. Web. 1 Dec. 2014.
• Henrichson, Christian, and Ruth Delaney. 'The Price of Prisons: What Incarceration Costs Taxpayers.' Center on Sentencing and Corrections 20 July 2012: 9. Vera Institute of Justice, 2012. Pdf. 1 Dec. 2014.
• Koch, Edward I. “Death and Justice.” Redwoods.edu. N.p.: 1-3. N.d. Pdf. 9 Dec. 2014. Matthew. Holy Bible, New International Version. Colorado Springs: Biblica, 2011. BibleGateway.com. Web. 1 Dec. 2014.
• United States of America. Congress. The Declaration of Independence. Philadelphia: n.p., 1776. Ushistory.org. Independence Hall Association, 4 July 1995. Web. 1 Dec. 2014.
• Westmoreland-White, Michael L., and Glen H. Stassen. “Biblical Perspectives on the Death Penalty.” Religion and the Death Penalty: A Call for Reckoning. Ed. Erik C. Owens, John D. Carlson, and Eric P. Elshtain. Grand Rapids: Wm. B. Eerdmans Publishing Co., 2004. 123-138. Print.

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• Introduction
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Moral arguments

Utilitarian arguments, practical arguments, the abolition movement.

• Capital punishment in the early 21st century

Arguments for and against capital punishment

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• Internet Encyclopedia of Philosophy - Capital Punishment
• Santa Clara University - Capital Punishment: Our Duty or Our Doom?
• Cornell Law School - Legal Information Institute - Death penalty
• capital punishment - Children's Encyclopedia (Ages 8-11)
• capital punishment - Student Encyclopedia (Ages 11 and up)
• Table Of Contents

Capital punishment has long engendered considerable debate about both its morality and its effect on criminal behaviour. Contemporary arguments for and against capital punishment fall under three general headings: moral , utilitarian, and practical.

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Supporters of the death penalty believe that those who commit murder , because they have taken the life of another, have forfeited their own right to life. Furthermore, they believe, capital punishment is a just form of retribution , expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general. By contrast, opponents of capital punishment, following the writings of Cesare Beccaria (in particular On Crimes and Punishments [1764]), argue that, by legitimizing the very behaviour that the law seeks to repress—killing—capital punishment is counterproductive in the moral message it conveys. Moreover, they urge, when it is used for lesser crimes, capital punishment is immoral because it is wholly disproportionate to the harm done. Abolitionists also claim that capital punishment violates the condemned person’s right to life and is fundamentally inhuman and degrading.

Although death was prescribed for crimes in many sacred religious documents and historically was practiced widely with the support of religious hierarchies , today there is no agreement among religious faiths, or among denominations or sects within them, on the morality of capital punishment. Beginning in the last half of the 20th century, increasing numbers of religious leaders—particularly within Judaism and Roman Catholicism—campaigned against it. Capital punishment was abolished by the state of Israel for all offenses except treason and crimes against humanity, and Pope John Paul II condemned it as “cruel and unnecessary.”

Supporters of capital punishment also claim that it has a uniquely potent deterrent effect on potentially violent offenders for whom the threat of imprisonment is not a sufficient restraint. Opponents, however, point to research that generally has demonstrated that the death penalty is not a more effective deterrent than the alternative sanction of life or long-term imprisonment.

There also are disputes about whether capital punishment can be administered in a manner consistent with justice . Those who support capital punishment believe that it is possible to fashion laws and procedures that ensure that only those who are really deserving of death are executed. By contrast, opponents maintain that the historical application of capital punishment shows that any attempt to single out certain kinds of crime as deserving of death will inevitably be arbitrary and discriminatory. They also point to other factors that they think preclude the possibility that capital punishment can be fairly applied, arguing that the poor and ethnic and religious minorities often do not have access to good legal assistance, that racial prejudice motivates predominantly white juries in capital cases to convict black and other nonwhite defendants in disproportionate numbers, and that, because errors are inevitable even in a well-run criminal justice system, some people will be executed for crimes they did not commit. Finally, they argue that, because the appeals process for death sentences is protracted, those condemned to death are often cruelly forced to endure long periods of uncertainty about their fate.

Under the influence of the European Enlightenment , in the latter part of the 18th century there began a movement to limit the scope of capital punishment. Until that time a very wide range of offenses, including even common theft, were punishable by death—though the punishment was not always enforced , in part because juries tended to acquit defendants against the evidence in minor cases. In 1794 the U.S. state of Pennsylvania became the first jurisdiction to restrict the death penalty to first-degree murder, and in 1846 the state of Michigan abolished capital punishment for all murders and other common crimes. In 1863 Venezuela became the first country to abolish capital punishment for all crimes, including serious offenses against the state (e.g., treason and military offenses in time of war). San Marino was the first European country to abolish the death penalty, doing so in 1865; by the early 20th century several other countries, including the Netherlands, Norway , Sweden , Denmark , and Italy , had followed suit (though it was reintroduced in Italy under the fascist regime of Benito Mussolini ). By the mid-1960s some 25 countries had abolished the death penalty for murder, though only about half of them also had abolished it for offenses against the state or the military code. For example, Britain abolished capital punishment for murder in 1965, but treason, piracy, and military crimes remained capital offenses until 1998.

During the last third of the 20th century, the number of abolitionist countries increased more than threefold. These countries, together with those that are “de facto” abolitionist—i.e., those in which capital punishment is legal but not exercised—now represent more than half the countries of the world. One reason for the significant increase in the number of abolitionist states was that the abolition movement was successful in making capital punishment an international human rights issue, whereas formerly it had been regarded as solely an internal matter for the countries concerned.

In 1971 the United Nations General Assembly passed a resolution that, “in order fully to guarantee the right to life, provided for in…the Universal Declaration of Human Rights,” called for restricting the number of offenses for which the death penalty could be imposed, with a view toward abolishing it altogether. This resolution was reaffirmed by the General Assembly in 1977. Optional protocols to the European Convention on Human Rights (1983) and to the International Covenant on Civil and Political Rights (1989) have been established, under which countries party to the convention and the covenant undertake not to carry out executions. The Council of Europe (1994) and the EU (1998) established as a condition of membership in their organizations the requirement that prospective member countries suspend executions and commit themselves to abolition. This decision had a remarkable impact on the countries of central and eastern Europe , prompting several of them—e.g., the Czech Republic , Hungary , Romania , Slovakia , and Slovenia—to abolish capital punishment.

In the 1990s many African countries—including Angola, Djibouti, Mozambique, and Namibia—abolished capital punishment, though most African countries retained it. In South Africa , which formerly had one of the world’s highest execution rates, capital punishment was outlawed in 1995 by the Constitutional Court, which declared that it was incompatible with the prohibition against cruel, inhuman, or degrading punishment and with “a human rights culture.”