By Melisa Nujin Demirtas,
London Metropolitan University.
Capital punishment has long been a subject of intense debate within public and legal spheres. Both proponents and opponents of capital punishment are in agreement that it represents one of society's most extreme forms of punishment. In this paper, I explore this viewpoint by examining the effectiveness, ethical implications, human rights concerns, and financial costs associated with capital punishment, with a focus on the United States. This paper employs desk-based research, involving a comprehensive review of secondary sources, including academic journals, textbooks, legal case studies, and international reports to explore the historical evolution and contemporary usage of the death penalty. While capital punishment was initially prevalent and accepted, its justification and application have significantly waned due to moral, legal, and practical considerations. The study finds no conclusive evidence supporting the deterrent effect of capital punishment on crime rates. Instead, the death penalty may paradoxically exacerbate criminal activity. From analysis, it is apparent that the death penalty often infringes on fundamental human rights, such as the right to life and the prohibition against cruel and unusual punishment. This is exacerbated by systemic flaws in the justice system, including racial and socioeconomic biases that impact the administration of capital punishment. The death penalty should be abolished in favour of more humane and effective criminal justice practices, such as restorative justice. The focus on rehabilitation over retribution can promote the creation of a justice system that is equitable, just, and beneficial to societal well-being. A shift from punitive measures to preventative strategies that address the root causes of crime is recommended as these align more closely with contemporary human rights standards and ethical considerations.
DOI: https://doi.org/10.5281/zenodo.13866587