CAN CAPITAL PUNISHMENT BE JUSTIFIED?

CAN CAPITAL PUNISHMENT BE JUSTIFIED?

INTRODUCTION:

“Punishment is justice for the unjust”

Since time immemorial, death penalty has been used to punish the most heinous crimes in existence. Also known as capital punishment, it has been observed as an institutionalized practice introduced for the purpose of deliberately executing persons, following actual or supposed misconduct from their end. It follows a standard, rule-governed procedure to decide that the person has violated norms warranting execution. This practice dates back to the times of Plato’s famous rendition and the trial and execution of Socrates by democratic Athens. However, some subjects invite controversy and this has lately be one amongst them. Several nations have however abolished the practice entirely, or have chosen to put a moratorium on the death penalty, temporarily putting an end to it.

Moral complexities on one hand and stirring emotions on the other, mark this as one of the most controversial debates across the world. This article aims to weight the pros and cons of following the practice, to help us reach the bottom line once and for all.

Here is a comprehensive, yet inexhaustive analysis:

Arguments in favour of death penalty:

• It thwarts all attempts of would-be criminals to commit offences: Study suggests that back in 1960’s when the practice was abolished, a 7% increase in crime rate was observed. Au contraire, lesser crimes were recorded when prisoners were executed each year for the offences committed by them. These facts give advocates of death penalty all the reason to believe how capital punishment and crime rate are linked.

• Capital punishment punishes only the crimes that put the right to life, freedom and safety of victims in jeopardy: We are well aware of the fact that each citizen possesses the right to live peacefully and freely. Murder, rape, assault and several similar offences are committed without any regard for the victim’s life or property. These are no less than a violation of someone else’s life and it’s only fair to mete out the justice to the victims that they truly deserve.

• It is constitutional: Capital punishment cannot be considered as a violation to the Eight Amendment which prevents the federal government from inflicting torture and similar unjust punishments and extravagant fine.

• Does not offer any chance of escape: In the words of John McAdams,  “If we execute murders and there is no deterrent effect, then we have killed murders. Criminals must face the consequences of their actions and capital punishment is a practice that prevents any possibility of an illegal escape. If one execution attempt is escaped from, law has adequate provisions that allows another attempt.

• Does not provide any sympathy to the criminals: In order to ensure adequate criminal justice, we must refrain from responding emotionally at all times. Capital punishment ensures that law only takes in consider the facts of the case and addresses the actions of the criminal in a manner that prevents the occurrence of such crimes in the near future.

Arguments against death penalty:

• Cost incurred is more as compared to offering life in prisons: Conflicting with common belief, costs incurred to implement capital punishment are in fact far more than those required for keeping the criminal imprisoned, even throughout his life. Facts suggest that defending a death penalty case requires four times the cost of case that does not solicit death.

• Does not necessarily result in a closure: While most of us would expect a punishment as severe as death penalty to provide relief to the victim and his/her family, it does not always hold true. There may be instances wherein the victim starts feeling much more miserable after the criminal receives such a punishment, as it sometimes brings back the victim’s memory of the horrendous incident. 

• Innocent people may face the brunt of wrong execution: Certain incidents cited by the opponents of capital punishment suggest that there have been incidents in a which an innocent person is wrongly executed and his/her innocence proven much after the punishment is given. 

• Does not necessarily cater to the issue of crime: Especially in countries like the U.S, capital punishment tends to bring both, drug addicts and actual criminals who have committed murder, felony etc, under the same roof.

• Prevents the possibility of rehabilitation: Criminals who choose to disobey the law may never be rehabilitated. Rather than providing criminals an opportunity to learn from and rectify their mistakes, make amends and become a better person, capital punishment makes an assumption that they can never change.

CONCLUSION:

“Bad guys deserve to suffer”, this adage has a meaning attached to it that is fairly simple to understand. Criminals who have committed culpable wrongs that deeply affect the lives of the victims, in all respects deserve a severe punishment. It is hence important to note that the severity of a crime and the punishment given for it, shall weigh equally, neither less, nor more. Thus, in my personal opinion, if a death penalty is used to maintain a balance of justice, then it is justified, otherwise not.