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Before the inception of society as we see it, laws and norms were rudimentary. They were often by the whims of the ones who had powers over others. This changed into kingdoms where a single person could grant life or abolish it.
With the advent of modern civilization, everything that a person holds dear is sacred and even untouchable for others, including his or her life. This leads to the big question: is it always scary and will be, no matter the circumstances?
Capital punishment or the death penalty has been a subject of long and bitter debate among civil society circles. The pro-death penalty camp leaves no stone unturned for the legalization of the death penalty. Those who are against the death penalty consider it inhumane.
Two Sides Of The Coin
The death penalty or capital punishment has always been a sensitive issue around the globe. The countries that want the death penalty to be allowed cite violence and inconsiderate attitude toward human life to be the reason behind such decisions They do not consider it to be an unusual punishment. Whereas those that say the death penalty should be abolished believe it to be against basic human rights to be stripped of life as a reprimand, even against such a crime.
In this section, let’s take a comprehensive look at both camps by exploring the pros and cons of the death penalty, whether it is through hanging or lethal injection.
Supporters of Death Penalty
Before going through the more popular belief these days which is against the death legalization of the death penalty, it’s best to discuss the rationale behind capital punishment.
Morality
The strongest argument in the favor of death row is the act of committing murder. The proponents are of the view that those who take the life of another person do not deserve to have a life of their own. It is only “just and moral” to treat a perpetrator with the same treatment he or she deemed fit for another fellow person.
When going back further, almost all religious scriptures have prescribed the death penalty for severe crimes. These orders were followed in the better part of medieval society as well as during the early days of the renaissance. However, modern laws seek almost no guidance from these scriptures.
Still, modern morality contests that those who have committed murder must have to pay in kind to make it even.
Utility
This is a glorified form of quid pro quo for capital punishment that could serve as a deterrent in society. When it comes to the death penalty, it has a certain sense of loss and helplessness to it. The believers are of the view that it helps improve justice and peace in the society by;
- Punishing strictly to the actual culprits
- Setting example for a violent offender who does not consider a life sentence harsh
When compared to other arguments for the death penalty, this one has been quoted and used by many supporters of the death penalty. There are even countries that corroborate this belief. The sheer low rates of crime in KSA are often presented as the solid cause. Although capital punishment is not the sole reason behind low rates of crime in KSA, it is still one of the main ones.
Another reason for the death penalty is that there is no reason for dangerous criminals to keep around and spend taxpayers’ money on their food and clothing. Since they have no regard for civil and moral constraints in society, there is no point in keeping them alive.
The pro-death penalty camp is of the view that laws should also consider the future while deciding the current cases. In this way, the death penalty may ensure low crime rates in the future.
Practicality
The believers in the rationality of the death penalty do not think laws to be absolute and flawless. They understand that there are always loopholes in the laws that guilty ones can evade. Also, there are often chances of innocents getting entangled at the wrong side of the justice system.
In this scenario, it is also possible to improve laws and procedures surrounding capital punishment or the death penalty to ensure only the most deserving ones ride the noose. It has become especially easier with democratic and humane governments around the globe.
As the law-making bodies have become more robust and rational, they can formulate and amend laws and procedures to make sure only the guilty ones are subjected to the death penalty.
Enemies of Death Penalty
Even though the death penalty has been sentenced and exercised for a long time around the world, it is facing extreme backlash in modern times. The European Enlightenment is considered the first “ray of hope” to abolish all darkness in the modern world, including, injustice, poverty, illiteracy, even capital punishment. The death penalty is considered unjust, cruel, and inhumane.
In this section, we’ll examine the counterarguments of the enemies of the death penalty. In general, no matter how heinous or brutal a crime is, the enemies of the death penalty do not find it enough to take life through state means.
Death Row in the US through ACLU’s Scope
The American Civil Liberties Union is adamant that the death penalty or capital punishment in any shape or form directly collides with basic human rights and a violent crime in itself. The organization has conducted several surveys to study the impacts of the death penalty, before and after it.
Here is what they found:
- The death penalty system in the US is unfair and dependent on the race of the victim, the money he or she has, and the adeptness of the attorneys.
- The death penalty or capital punishment is a waste of money because it does not have any lasting deterring effects on society. In contrast to this, an increase in the number of trained police officers, reduction in the use of illicit drugs, sentencing culprits to a life sentence, etc. improves the overall law and order situation in the US.
- The number of innocent people getting the death penalty is too high. Almost one out of every ten death penalty is released because of innocence. Hanging the wrong person would be a certain death of the justice system.
- Irreversible In Nature
Be it life imprisonment or any other severe punishment, there are ways both the justice system and person can work it out. There are options for paroles and even pardons for special cases. The situation becomes grimmer in the case of an innocent person.
The risk of executing an innocent person can never be zero. Even those who are for the death penalty realize that. It is a punishment with no room for review or compensation when a person is executed. There were cases where the guiltiness of the person in question was suspicious but they were hanged nonetheless.
The death penalty or capital punishment puts a black mark on the face of justice and society in general where innocents face gallows at the hand of the state. That’s why opponents of the death penalty consider it to be a cruel and unusual punishment.
No Chance of Growth & Rebuilding
When a person is sentenced to the death penalty, his or her life ends right there and then. It is the ultimate punishment. As everyone knows, the effects of that act are highly debatable. What is not debatable is that the perpetrator was not given any chance to turn his or her life around.
Those who side against the death penalty arguments are of the view that it is the loss of society to lose yet another life. Innocent lives were lost at the hand of the other, but the second could be saved and rehabilitated by letting go of the death penalty.
They believe that the message of non-violence and peace from an ex-convict can be much louder than that from a silent execution in the twilight of the morning.
Politicization of Death Penalty
Political freedom and liberty to express one’s thoughts and opinions are fundamental human rights. Yet, authoritative regimes around the world spare no expense to silence the voices of dissent. The ultimate tool these regimes employ is the death penalty to turn opponents into murder victims.
Numerous examples can be drawn from the modern world for the abuse of the death penalty. In the countries where democracy has yet to grab roots and grow, civil rights leaders and opposition leaders often face intimidation and even imminent doom in the form of the death penalty.
Again, this is the most unjust way to punish the innocents who are just trying to voice their concerns.
Closing Remarks
The criminal justice system is not a static thing. It is a dynamic system that is evolving and improving over time. Like the death penalty, there are many things in the global justice system that are under scrutiny. Capital punishment or the death penalty gets special treatment because of its ultimatum and urgency. Those who are in favor of the death penalty believe it to be true, just, and think it acts as a deterrent in society. However, people who think it to be unjust cite that it causes more damage to society as compared to its benefits. As a suggestion, it would be better to set up a death penalty information center for help and education of the masses.
In the end, it is up to jurists, civil rights organizations, and states to discuss the death penalty cases and come up with a better and more effective alternative or iteration of it.
Sources:
- https://icomdp.org/why-the-death-penalty-should-be-abolished/
- https://www.aclu.org/other/case-against-death-penalty
- https://www.britannica.com/topic/capital-punishment/Arguments-for-and-against-capital-punishment
- https://www.nationmaster.com/country-info/compare/Saudi-Arabia/United-States/Crime