Should we abolish the death penalty?

Death Penalty In The United States In The Last Year (2023) 18 state executions, 0 federal executions.

In December 2024, President Joe Biden commuted the sentences of 37 federal death row inmates to life imprisonment without parole, aligning with his long standing opposition to capital punishment.  This unprecedented act of clemency, the largest in U.S. history, sparked significant public debate.  Critics, including President-elect Donald Trump, condemned the decision, arguing it undermines justice for victims and their families.  Conversely, advocates for criminal justice reform praised the move as a step toward addressing systemic inequities within the legal system. 

The death penalty remains one of the most polarizing issues in the United States, reflecting deep moral, legal, and practical challenges. While its roots are ancient, its modern application raises questions about justice, fairness, and its role in a democratic society. Project Democracy examines the history, arguments for and against capital punishment, its application in the U.S., and the systemic inequities it perpetuates.

Source: John Oliver on Last Week Tonight, Episode 7, Season 11 "Lethal Injection", HBO

What is a Capital Crime, Capital Punishment & the Death Penalty?

We should start with a common understanding of definitions. In the United States, capital crime, capital punishment, and the death penalty are interconnected yet distinct terms within the criminal justice system.

Defining A Capital Crime

Specific category of offenses that are deemed so severe they warrant the possibility of a death sentence. These crimes typically include first-degree murder with aggravating circumstances, such as killing law enforcement officers, committing murder during another felony (e.g., robbery or rape), or acts of terrorism and espionage.

Capital Punishment Definition

The legal process in which a person convicted of a capital crime is sentenced to death. It represents the broader framework under which the death penalty operates, encompassing the sentencing guidelines, appeals, and procedural safeguards intended to ensure fairness.

Understanding The Death Penalty

The execution of an individual as punishment for a capital crime. While all capital crimes can theoretically result in capital punishment, not every conviction leads to a death sentence due to mitigating factors, plea bargains, or state-specific policies. The distinctions highlight the multifaceted nature of how the U.S. justice system addresses the most severe crimes.

The History of the Death Penalty

The death penalty has existed for millennia, often used as a tool of state power to deter crime and exact retribution. In the U.S., capital punishment was carried over from British law, with the first recorded execution in Jamestown in 1608.

The 20th century saw growing scrutiny of the death penalty. The Supreme Court’s Furman v. Georgia (1972) temporarily halted executions, finding that arbitrary and discriminatory application rendered it unconstitutional. However, in Gregg v. Georgia (1976), the Court reinstated the death penalty, emphasizing that reforms like bifurcated trials and automatic appeals could ensure fairness.

Current Methods of Execution

Federal Executions

Federal executions are relatively rare and reserved for specific crimes, including terrorism and espionage. Between 1988 and 2019, only three federal executions occurred. However, under the Trump administration, this figure spiked to 13 federal executions in just six months—a stark departure from previous trends.

How Many States Have The Death Penalty?

Unlike federal cases, state executions often involve crimes like murder with aggravating factors. However, the frequency of state executions has declined, from 98 in 1999 to just 18 in 2022. As of 2024, the death penalty is legally authorized in 24 U.S. states. However, the application of capital punishment varies significantly across these states. Some states have active death penalty statutes but have not carried out executions in recent years, while others have imposed moratoriums or face legal challenges that effectively halt executions. For instance, California, Oregon, and Pennsylvania have gubernatorial moratoriums in place, suspending executions despite the death penalty’s legal status.

States Allowing Death Penalty States Not Allowing Death Penalty

States marked with * have moratoriums or legal holds on executions despite technically allowing the death penalty.

Methods of Execution Vary By State

Lethal Injection

The most common method, used in 30 states.

Electrocution

Used in states like Alabama and Tennessee, either as a primary or secondary method.

Gas Chamber

Still legal in states such as Arizona.

Firing Squad

Recently reinstated in Utah and South Carolina.

Hanging

Allowed in New Hampshire and Washington, though rarely used.

Arguments For the Death Penalty

Deterrence

Proponents argue that the death penalty discourages heinous crimes. A study by Mocan and Gittings (2003) suggested that each execution prevents 5–18 murders. However, such data remains contested.

Retribution

The principle of “an eye for an eye” underpins this argument, emphasizing justice for victims and their families. For many, the death penalty serves as a form of closure.

Public Safety

By permanently removing dangerous offenders, the death penalty ensures they will never harm others.

Arguments Against the Death Penalty

Wrongful Convictions

Since 1973, over 190 death row inmates in the U.S. have been exonerated, according to the National Registry of Exonerations. DNA evidence and investigative errors are often at the heart of these cases, exposing the fallibility of the justice system.

Inequality in Application

Racial and economic disparities pervade capital punishment. A 2020 report by the Death Penalty Information Center (DPIC) found that Black defendants are significantly more likely to receive a death sentence, particularly when the victim is white.

Cost

Studies consistently show that capital punishment is far more expensive than life imprisonment. A 2017 report by the Kansas Legislative Division of Post Audit found that death penalty cases cost 70% more than non-capital cases.

The Death Penalty and Wrongful Convictions

Source: John Oliver on Last Week Tonight, Episode 7, Season 1 "Death Penalty", HBO

“Perhaps it is the greatest tragedy of capital punishment that it deprives society of moral authority to seek the truth, for no human institution is infallible.” -Justice William J. Brennan

One of the most compelling arguments against the death penalty is the risk of executing innocent people. Notable cases include:

• Anthony Ray Hinton: Spent 30 years on Alabama’s death row before being exonerated in 2015 after evidence proved his innocence.

• Cameron Todd Willingham: Executed in Texas in 2004 for arson-related murders, despite later evidence suggesting the fire was accidental.

Such cases highlight the fallibility of the justice system and the irreversible consequences of errors.

The Financial Burden of the Death Penalty

Source: John Oliver on Last Week Tonight, Episode 7, Season 1 "Death Penalty", HBO

Capital punishment is far more expensive than life imprisonment due to the lengthy appeals process and costs associated with death row incarceration.

• California has spent over $4 billion on the death penalty since 1978, averaging $308 million per execution (Los Angeles Times, 2014).

• A Kansas audit (2017) found death penalty cases cost 70% more than non-capital cases.

These costs raise ethical and fiscal questions about whether the death penalty is a prudent use of public resources.

Cruel and Unusual Punishment Amendment

The Eighth Amendment prohibits “cruel and unusual punishment,” a clause central to death penalty debates. The following are examples of Cruel and Unusual cases that went to the Supreme Court:

• Furman v. Georgia (1972): The Supreme Court ruled that arbitrary application of the death penalty violated the Eighth Amendment.

• Atkins v. Virginia (2002): Execution of intellectually disabled individuals was deemed unconstitutional.

• Roper v. Simmons (2005): The Court prohibited executing individuals for crimes committed as juveniles.

• Bucklew v. Precythe (2019): The Court upheld the use of lethal injection despite claims of excessive pain.

Critics argue that methods like lethal injection have caused prolonged suffering, challenging their constitutionality.

Racial Disparities in Death Row Sentencing

“I shall no longer tinker with the machinery of death.”  Justice Harry Blackmun expressed frustration with the inherent inequities in the application of the death penalty, calling it irreparably flawed (Callins v. Collins).

Racial bias in death penalty cases is well-documented:

• Black individuals make up 41% of death row inmates, despite being only 13% of the U.S. population (NAACP Legal Defense Fund, 2023).

• A study by the General Accounting Office (1990) found defendants were far more likely to receive the death penalty if the victim was white.

These disparities highlight systemic inequities and raise questions about whether the death penalty can be applied fairly in a racially biased system.

Does The Death Penalty Deter Crime?

“There is no credible evidence that the death penalty deters crime better than long-term imprisonment.”  -Jeffrey Fagan, Columbia Law School, Deterrence and the Death Penalty, 2006).

The deterrent effect of the death penalty remains highly contested. The National Research Council (2012) found no reliable evidence that the death penalty deters crime more effectively than life sentences. Furthermore, Southern states, which conduct the majority of executions, consistently report higher murder rates than states without the death penalty.

Evolving Laws and Retroactive Justice

Many death row inmates were sentenced under laws that have since changed. For example:

• In 2016, Delaware declared its death penalty statute unconstitutional, commuting all death sentences to life imprisonment.

• Today, laws in states like California no longer allow the death penalty for crimes like felony murder without intent to kill.

A 2016 report by the Fair Punishment Project found that over 70% of death row inmates would not receive the death penalty if tried under current laws, reflecting societal and judicial evolution.

Public Opinion on the Death Penalty

Public opinion on the death penalty has shifted dramatically. According to a 2021 Gallup poll, support for capital punishment has dropped to 54%, the lowest since 1972. Generational divides are stark, with younger Americans far more likely to oppose the death penalty. Additionally, concerns about wrongful convictions and systemic biases have contributed to growing skepticism.

Comparing the United States to Other Nations

The United States is one of the few developed nations that still uses capital punishment. According to Amnesty International, 108 countries have abolished the death penalty, including all European Union members, Canada, and Australia.

The U.S.’s retention of the death penalty sets it apart from its democratic peers, aligning it more closely with countries like China, Iran, and Saudi Arabia, which are frequently criticized for human rights abuses.

Capital Punishment & Presidential Politics

Under President Trump, federal executions surged, with 13 carried out between July 2020 and January 2021. Critics argued that this spike undermined global trends toward abolition and was motivated by political considerations.

President Joe Biden has opposed the death penalty and commuted several federal death row sentences. While his administration has not abolished capital punishment outright, these actions signal a significant shift in federal policy and reflect broader societal reevaluations of the practice.

Conclusion

The death penalty is a profound moral, legal, and practical issue that reflects broader societal values. While supporters argue it ensures justice and deters crime, critics point to its high costs, racial disparities, and the risk of wrongful executions. As public opinion shifts and global norms evolve, the U.S. faces a critical question: Does the death penalty truly serve justice, or does it perpetuate systemic inequities and undermine human rights?

References

1. Gallup. (2021). “Public Opinion on the Death Penalty.”

2. Death Penalty Information Center (DPIC). (2020). “The Death Penalty in 2020: Year-End Report.”

3. National Registry of Exonerations. (2023). “Exonerations of Death Row Inmates.”

4. Amnesty International. (2023). “Global Trends on the Death Penalty.”

5. NAACP Legal Defense Fund. (2023). “Death Row U.S.A.”

6. Jeffrey Fagan. (2006). Deterrence and the Death Penalty: A Critical Review of the Literature.

7. Kansas Legislative Division of Post Audit. (2017). “Costs of the Death Penalty in Kansas.”

8. U.S. General Accounting Office. (1990). “Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities.”

9. Furman v. Georgia, 408 U.S. 238 (1972).

10. Atkins v. Virginia, 536 U.S. 304 (2002).

11. Roper v. Simmons, 543 U.S. 551 (2005).