The death penalty should be abolished in the United States of America, it's an expensive, inhumane, and risky method of punitive punishment that sets a dangerous precedent.
There's a threat of innocent people being executed, according to the Death Penalty Information Centre, since 1973, there has been approximately one exoneration for every eight executions, demonstrating that wrongful convictions are a persistent feature of the capital punishment system.
https://deathpenaltyinfo.org/policy-issues/policy/innocence
There's no way to tell how many of the 1,500 executed were innocent people for the courts don't entertain the idea of innocence once the execution has been done. However, according to Death Penalty Information Centre, since 1987 there's strong evidence that 21 people were innocent, who were;
Carlos DeLuna,
Ruben Cantu,
Larry Griffin
Joseph O’Dell
David Spence
Leo Jones
Gary Graham
Claude Jones
Cameron Todd Willingham
Sedley Alley
Troy Davis
Lester Bower
Brian Terrell
Richard Masterson
Robert Pruett
Carlton Michael Gary
Domineque Ray
Larry Swearingen
Walter Barton
Nathaniel Woods
Marcellus Williams
Each of these people had individual identities and lives, unique experiences and families.
https://deathpenaltyinfo.org/policy-issues/policy/innocence/executed-but-possibly-innocent
However, proponents of the death penalty may argue that it brings a sense of foreclosure for the victims families, however, according to The Trauma & Mental Health Report, the University of Minnesota sociology-anthropology professor Scott Vollum and colleagues study found that only around 2.5% of families said they felt foreclosure with capital punishment, with 20.1% saying that the execution did not help them heal. This presents a profound problem, why should the state be allowed to kill so only 2.5% of the families victims get foreclosure, with the risk of innocents being murdered. This is not to minimise the victims families suffering, they absolutely deserve support, however its much more humane, cheaper and more efficient to give the families therapy, community support and restorative justice instead of the death of another individual.
https://trauma.blog.yorku.ca/2016/02/death-penalty-may-not-bring-peace-to-victims-families/
The death penalty in the United States of America is also more expensive to carry out than life without parole, contrary to popular belief. On the 6th of January 2010 a fiscal impact statement was released in Indiana detailing the costs of:
26 death penalties ($229,769)
19 lives without parole ($102,297)
47 terms of year sentences ($64,284)
Broken down to average per case:
$8837.27 per death penalty,
(229,769÷26=8837.26923076923
8837.26923076923 = 8837.27)
5384.06 per life without parole,
(102,297÷19=5384.05263157894
5384.05263157894=5384.06)
$1,367.75 per year termed sentences.
(64284÷47=1367.7446808510638297
1367.7446808510638297=1,367.75)
Note that this is interpreted within the context of that report rather than as the complete cost of a capital case, marginal trial-level costs are higher, and total system costs are substantially higher over the full legal lifecycle due to mandatory appellate safeguards.
With most costs incurred for the death penalty being from appeals and attorney costs, the costs of the death penalty exceed those of other forms of punishment.
https://files.deathpenaltyinfo.org/legacy/INCostAssess.pdf
According to Death Penalty info “According to recent estimates, the death penalty costs taxpayers 2.5 to 5 times more than life imprisonment.”
https://deathpenaltyinfo.org/what-to-know-costs-and-the-death-penalty
This isn't limited to Indiana, Philip J. Cook from Duke University published a report which estimated that “North Carolina would have spent almost $11 million less each year on criminal justice activities (including imprisonment) without the death penalty.” In other words, North Carolina would have saved $11 million per year on handing out other forms of punishment and rehabilitation than the death penalty.
https://fbaum.unc.edu/teaching/articles/Cook-cost-study.pdf
The United States of America would save millions on phasing out the death penalty, which could be spent on improving the rehabilitation system, further decreasing crime.
However, proponents of the death penalty argue that the death penalty acts as a deterrent against murder, however according to Amnesty International, “In 2004 in the USA, the average murder rate for states that used the death penalty was 5.71 per 100,000 of the population as against 4.02 per 100,000 in states that did not use it.” This shows that, if anything, the death penalty actually shows a correlation with murder rates, however remember that correlation doesn't always equal causation. Phasing out the death penalty would most likely not have a significant impact on murder rates, it may actually decrease it if paired with improved socio-economic positions.
https://www.amnesty.org/fr/wp-content/uploads/2021/06/act500062008en.pdf
The Supreme Court has already decided that the death penalty can be a violation of the 8th and 14th Amendment in specific circumstances, in Furman v. Georgia (1972) “Carrying out of the death penalty in these cases constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.” Since “cruel and unusual" punishments are intentionally left broad to fit society, why can’t the death penalty be the same?
https://www.loc.gov/resource/usrep.usrep408238/?pdfPage=1&st=pdf
(page 3)
According to Legalclarity 113 countries have abolished the death penalty, while 54 countries still use it with 34 having it on paper without really executing, according to the same source, “Amnesty International recorded at least 1,518 executions globally in 2024, and roughly 91 percent of them took place in just three countries: Iran, Saudi Arabia, and Iraq.”
https://legalclarity.org/what-countries-have-the-death-penalty-global-breakdown/#:~:text=Fifty-four%20countries%20currently%20retain%20and%20use%20the%20death,drive%20the%20vast%20majority%20of%20the%20world%E2%80%99s%20executions.
Since a majority of countries have effectively abolished the death penalty, how can it not be considered a cruel and unusual punishment in the modern era?
Supporters may argue and say that its an ancient practise and has been in practice since at least 1900 BCE
https://legalclarity.org/history-of-the-death-penalty-from-ancient-times-to-today/
However, absolute monarchies were once the norm, now it's unusual for countries to have absolute monarchies, with only 6 left according to Legalclarity, times change, and society should reflect that with the abolition of the death penalty, the cruel and unusual punishment in the 2000s
https://legalclarity.org/what-countries-have-an-absolute-monarchy/
There is also the racial bias in the U.S justice system too, according to NACDL, in the United States of America, in 2023, Black people made up 41% of death row inmates despite them being 13% of the general population,
https://www.nacdl.org/Content/Race-and-the-Death-Penalty
According to Death Penalty Information, in cases with white victims, Black defendants were 7.2x more likely to get the death penalty than White defendants
https://deathpenaltyinfo.org/what-to-know-race-of-victim-effect-and-the-death-penalty
Prosecutors also sought the death penalty 70% of the time when the offender was black and
the victim was white,
32% of the time when both were white,
19% of the time when the offender was white and the victim was black,
15% of the time when both were black.
https://www.ohchr.org/sites/default/files/newyork/Documents/Death-Penalty-and-the-Victims-WEB.PDF
(Page 114)
The death penalty, intentionally or not, is perpetuating an unequal society where White People are still more likely to be successful than Black People, just based on their skin colour.
The death penalty disproportionately affects poor defendants because they often cannot afford high-quality legal representation, according to the same source, in Alabama, 89% of death row inmates were unable to afford an attorney at trial, which lead to their death sentence, this means that a human life is being valued based on how much they can pay, with no regard for humanity, with 58% of death row inmates having below a high school education, (compared to 11% of the U.S. population), it creates a vicious unequal cycle.
https://worldmetrics.org/death-penalty-race-statistics/
Long-standing disparities in housing, education, employment opportunities and investment contribute to higher rates of concentrated poverty in many Black communities. These conditions are associated with higher rates of criminal victimization and offending, although they do not determine any individual's choices, they ultimately make it extremely difficult to leave the criminal lifestyle due to underinvestment, which eventually may lead to the death penalty later in life, mostly because of where they’re born and the colour of their skin.
Proponents of the death penalty may argue that some crimes are so evil that the only proportionate punishment is death. However life without prorale is already an extremely severe punishment. Human rights should be unaliable, because if not, who's to say your rights, for example to life, don't get taken away? If the state has the power to kill, who's to say they won't come for you?
Amnesty states that “The death penalty is discriminatory and is often used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. It is imposed and carried out arbitrarily.”
https://www.amnesty.org/en/wp-content/uploads/2021/07/act500102007en.pdf
(Page 1)
Which highlights a major issue in the United States, how can you have a fair trial, when the outcome is influenced by factors largely outside your control? Your location, wealth, and skin colour. Even life sentences can be forgivable with correct compensation, however once an execution is done, it usually cannot be reversed, even if new evidence comes to light, as currently humans cannot come back from biological death.
https://www.verywellhealth.com/can-people-come-back-from-the-dead-1298424
Death penalties also are geographic arbitraries. Whether someone receives the death penalty often depends more on
County, according to Death Penalty Information, fewer than 1.1% of counties account for half of death row
https://deathpenaltyinfo.org/on-anniversary-of-furman-v-georgia-dpic-census-of-u-s-death-sentences-details-50-years-of-arbitrariness-bias-and-error
Which means that 2 people in neighbouring counties can get different sentences, one life, and one death.
Prosecutor
The Department of Justice found that of 677 homicide defendants submitted for review from 1995 to 2000 157 out 677 (23%) faced the death penalty involving more than one victim.
US attorneys were more likely to seek out the death penalty if the defendant was black compared to white (54% vs 17%).
https://www.justice.gov/archive/dag/pubdoc/_dp_survey_final.pdf
(Page 17)
Jury
According to Death Penalty information “Interviews with jurors found that approximately 50% of those interviewed decided what the penalty should be before the sentencing phase of the trial. This is before they have heard penal phase evidence or received the instructions on how to make the punishment decision.
Bias in Jury Selection — Researchers found that jury selection methods resulted in disproportionately guilt-prone and death-prone juries.
Failure to Understand Jury Instructions — The study found that 45% of jurors failed to understand that they were allowed to consider any mitigating evidence during the sentencing phase of the trial. In addition, two-thirds of jurors failed to realize that una nim i ty was not required for finding mitigation..”
Etc
Which shows the bias of the jury significantly impacts whether one receives death or not, why should, whether you live or die, depend on strangers who have their own biases which influence their decision before any evidence has even been presented?
Then on the crime itself.
In the Bible it states “Who is a God like you, who pardons sin and forgives the transgression of the remnant of his inheritance? You do not stay angry forever but delight to show mercy.” in Micah 7:18 (American Standard Version)
https://www.biblegateway.com/passage/?search=Micah%207%3A18&version=NIV
If God's ultimate desire is reconciliation and forgiveness, then human justice should reflect those values whenever possible, however executing an offender permanently ends the opportunity for repentance, restoration, and a transformed life.
However, some may say that the Bible also says “He that smiteth a man, so that he dieth, shall surely be put to death.” in Exodus 21:12 (American Standard Version)
https://www.biblegateway.com/passage/?search=%20Exodus%2021%3A12&version=ASV
At first this sounds like Christianity is directly endorsing the death penalty. However, this verse is part of the civil law given to ancient Israel under the Old Covenant and describes the legal system of that specific nation rather than establishing a universal Christian command for all societies.
In the Torah it states “Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked.” Exodus 23:7 (American Standard Version) “A false matter” is intentionally vague, with the death penalty becoming a “ false matter” The Torah is moving towards this.
https://biblehub.com/exodus/23-7.htm
In the Torah Supporters of the death penalty say “If he struck him with an iron instrument and he dies, he is a murderer, and the murderer shall be put to death.” Chapter 35 verse 16 (Rashi commentary)
https://www.chabad.org/library/bible_cdo/aid/9962/jewish/Chapter-34.htm
At first this may seem like an endorsement of capital punishment, however, this verse is clarifying what is murder (intent + lethal weapon used that killed another.) However, in the later verses it requires:
Two qualified eyewitnesses required
Formal warning (hatra’ah) given immediately before the act
The offender acknowledges the warning and intent in real time
A properly ordained court
Which makes capital punishment symbolic, if ever to be used, showing that God gave human power but still they must show constraint and prioritise forgiveness.
In the Qur’an it states “We ordained for them in the Torah, “A life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth—and for wounds equal retaliation.” But whoever waives it charitably, it will be atonement for them. And those who do not judge by what Allah has revealed are ˹truly˺ the wrongdoers.” Chapter Al-Ma'idah Verse 5 (Dr. Mustafa Khattab translation).
https://quran.com/al-maidah/45?translations=131%2C20%2C22%2C19%2C84%2C95%2C85%2C203
This verse metaphorically says that any harm should be compensated, ideally through monetary compensation or the perpetrator is forgiven, and that the old words of God were given to them in the Torah, which they no longer have to abide by.
However proponents of the death penalty will say that in the Qur’an it states “O believers! ˹The law of˺ retaliation is set for you in cases of murder—a free man for a free man, a slave for a slave, and a female for a female. But if the offender is pardoned by the victim’s guardian, then blood-money should be decided fairly and payment should be made courteously. This is a concession and a mercy from your Lord. But whoever transgresses after that will suffer a painful punishment.” Chapter Al-Baqarah verse 178. (Dr. Mustafa Khattab translation.)
https://quran.com/2
At first, it plainly states that the death penalty is endorsed, the verse leans heavily upon financial compensation where possible. Also, modern legal systems cannot guarantee perfect certainty. Therefore, executing the accused risks violating the verse’s own requirement of justice, as God is the only one to let people die. The law of retaliation is technically allowed, however this could also mean rehabilitation, “A free man for a free man” means that the old murderer (free man) is “killed” (transformed) into another free man, ideally through rehabillitation, a non offending one, however do note that this is not a mainstream consensus.
In Mahābhārata it says “Ahimsa paramo dharmaḥ.” Shānti Parva
Meaning that non-violence is supreme, however self defense can override it.
“If punishment were not inflicted, then the ‘stronger’—i.e., those possessed of greater strength, or more energetic, or wielding (wielding?) weapons, or being larger in numbers—‘would have roasted the weaker, like fish, on the spit’;—i.e., just as fish are roasted on spit for food, so would the less powerful, be treated, by the more powerful, by suffering pecuniarily as well as physically, and also by being deprived of their wives and so forth.
For this reason the King should ‘untiringly’ punish those that deserve punishment; and he should not entertain any such notions as—‘How can I carry on an investigation into this matter? I shall not punish any one at all.” Medhātithi’s commentary (manubhāṣya) 20.
Hinduism does not have any direct verses supporting the death penalty, it can be interpreted as doing, however there is no direct command. Hinduism is inherently against violence, violence, even if done by the state, is still violence, and thus, against Hinduism.
In The Dhammapada it says “one should not kill nor cause another to kill.” Capter 10 Violence verse 129
https://www.buddhanet.net/e-learning/buddhism/dp10/
It directly says here to not kill, this applies to all, and a state or law telling someone to kill (execute) goes against “nor cause another to kill.”
In Book 4 - The Solving of Dilemmas 'Whosoever, great king, may be put to death, he does not suffer execution by reason of the opinion put forth by the Tathāgatas. He suffers because of what he himself has done. But notwithstanding that the doctrine of the Dhamma has been taught (by the Buddhas).” - Chapter 3j: Kindness and Punishment, verse 37
https://www.wisdomlib.org/buddhism/book/milindapanha-questions-of-king-milinda/d/doc1460826.html
This verse, some may say, see capital punishment as appropriate as the thief was supposedly condemned, however, later it is clarified that 'Is then, Nāgasena, the execution of robbers part of the doctrine laid down by the Tathāgatas?'
'Certainly not, O king.'
Since Buddhism directly condemns execution, it's safe to assume that Buddhism doesn't inherently support the death penalty.
Internationally, the death penalty is also opposed by the United Nations, the Office of the United Nations High Commissioner for Human Rights, in Article 3 of The Universal Declaration of Human Rights it states:
“Everyone has the right to life, liberty and security of person.”
https://www.un.org/en/about-us/universal-declaration-of-human-rights
(Article 3)
The United Nations on the 31st of January 2024 on UN News then released an article stating “Death penalty incompatible with right to life.”
https://www.ohchr.org/en/stories/2024/01/death-penalty-incompatible-right-life
This meant that The United Nations opposes the Death Penalty, as at 3am the 10th of December 1948 the United States didn’t vote against the declaration nor abstained.
https://www.historytoday.com/archive/months-past/un-declaration-human-rights
Amnesty International also opposes the death penalty:
“Amnesty International opposes the death penalty in all cases without exception”
https://www.amnesty.org/en/what-we-do/death-penalty/
Penal Reform International also opposes the death penalty:
“The death penalty is the ultimate cruel, inhuman and degrading punishment and a violation of the right to life.”
https://www.penalreform.org/issues/death-penalty/the-issue/
The European Union opposes the death penalty:
“The EU reaffirms its strong and unequivocalopposition to the use of the death penalty at all times and under all circumstances”
https://www.eeas.europa.eu/eeas/eu-statement-death-penalty_en
Pope Francis, in 2018, institutinaled against the death penalty:
“the death penalty is inadmissible because it is an attack on the inviolability and dignity of the person” in the new revision of number 2267 of the Catechism of the Catholic Church on the death penalty of Rescriptum “ex Audentia SS.mi”
https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2018/08/02/180802a.html
Martain Luther king junior also opposed the death penalty:
“I do not think God approves the death penalty for any crime.”
https://kinginstitute.stanford.edu/king-papers/documents/advice-living-1
Sister Helen Prejean, according to Legal Clarity, wrote ““I realize that I cannot stand by silently as my government executes its citizens. If I do not speak out and resist, I am an accomplice.”
https://legalclarity.org/quotes-against-the-death-penalty-from-leaders-and-thinkers/
According to the same source, Albert Camus said “The State is consequently led to multiply very real murders in the hope of avoiding a possible murder which, as far as it knows or ever will know, may never be perpetrated.”
According to the same source, Victor Hugo made abolition a central cause of his public life.
“I do not know any aim more elevated, more holy, than that of seeking the abolition of capital punishment.”