Nicole Spiezio Green 3/6/13

Capital Punishment prevents murderers from becoming repeat offenders, acts as a deterrent of future crime, and is not an unconstitutional method of punishment; therefore, state governments should have the right to legalize the death penalty. As the oldest known form of punishment, the death penalty has been used for over three and a half centuries, dating as far back as eighteenth century BC and is still advancing today. The main purpose of death penalty, as is with any type of punishment, is to bring down the amount of crime and murder. Capital punishment is the most effective solution to this problem because it stops criminals from becoming repeat offenders of crime, provides a punishment with higher stakes, which instills fear and prevents crime, and is not prohibited by the US Constitution in any way. Capital punishment has been practiced for tens of thousands of years, proving to be one of the worlds longest lasting forms of punishment. The first official laws on death penalty were put into effect in Babylonia by King Hammaurabi in eighteenth century BC. During this era and earlier, death penalty was the only punishment for a criminal no matter the degree of the crime. In the tenth century AD, though, William the Conqueror broke this practice by declaring that only those who had been committed of murder could be executed. This restriction of execution, however, was not popular among early leaders and was not followed by many other countries in the times to come. In the sixteenth century, especially this was shown in England under Henry VIII, who had 72,000 people killed under capital punishment. When colonists came to America, death penalty was also a commonplace for most crimes. This lasted without much opposition until the late eighteenth century("History of the Death"). After the essay, On Crime and Punishment, was written on the unconstitutionality of death penalty , as well as the beginning of a large abolitionist movement, some states began repealing and limiting the death penalty. By the time World War I hit the US, though, these actions began to be

Nicole Spiezio Green 3/6/13 reversed as prejudices increased among Americans. This frequent use of capital punishment was common throughout the next two decades until the 1950s and 1960s. These two decades, up through the end of the century, were times of argument and debate over the death penalty which led to a large amount of court cases ("History of the Death"). Court cases are still in action this century and death penalty is still a controversial subject in the United States and around the world. The main problem that death penalty is attempting to solve is the high amount of crime, especially murder, in the US. Within the past ten years, especially, the US has experienced increases in incarceration rates, both in federal and state prisons, showing an increase in crime. In 2007, incarceration rates leaped in federal prisons by an astounding 6,572 prisoners from previous rates. Kentucky and Florida state prisons also explored this pattern by having higher incarceration rates of 2,457 and 5,250 prisoners respectively. By the end of the year, it was also concluded that 1 out of every 198 Americans had committed a crime ("Prisoners in 2007"). This leap in crime in the Us has also been apparent in the increased amount of public shootings and massacres within the past decade, such as the Newtown School shooting in 2012 and the Columbine shooting. Overall, crime has been at a rapid increase in the US and the ultimate solution to this problem is the institution of death penalty. With the death penalty in effect, murderers will be stopped from being repeat offenders, leading to less killings all together. If a murderer is put in jail, it is possible that he/she will then go on to kill inmates or even security officials. If the criminal is sentenced to death after the first killing, it is impossible for him/her to commit any more crimes or put anyone else in danger. In 1976, Lemuel Smith was accused of 2 murders, kidnapping, and robbery. Instead of being sentenced to death penalty, Smith was sent to prison for life. Prison was assumed to be a safe place to hold this dangerous criminal; however, five years later, Smith beat and killed police officer on duty, Donna Payant(Kincaid and Irvine). If capital punishment had been used, innocent lives could have been saved. This situation has been

Nicole Spiezio Green 3/6/13 replicated many instances and it is time to save innocent lives by stopping the murderers the first time without any room for more killings to take place. The ultimate solution to this is the death penalty. Capital punishment also acts as a deterrent of future crime by providing a punishment with higher stakes that is feared by a wide majority of criminals. Studies have shown that when death penalty is in place, more lives are spared, therefore acting as a deterrent. According to a study done at Emory College, en execution prevents 18 other killings (Tanner). As Ernest Van Den Haag, a professor of jurisprudence at Fordham University, stated, Nothing will deter a criminal more than the fear of death.
Death is final. But where there is life there is hope... Wherefore, life in prison is less feared. If anyone has the choice between life and death, they will almost certainly choose to stay alive. This is no different in a courtroom with a murderer. If the criminal is given the option of life sentence as opposed to death penalty, they will choose life in prison. Therefore, if death penalty is the only option, criminals will be more apprehensive about their crimes. (Van Den Haag) One man who was caught with a large supply of

weapons was quoted saying, I knew I was going away forever, but as long as Im alive maybe Ill get out someday. If they stick me in the gas chamber, its done. This shows how death penalty acts as a deterrent by instilling fear and threatening the life of the criminal. Many groups opposing death penalty have mentioned death penalty as unconstitutional by the eighth amendment; however, it is quite the opposite if laws are specific and properly carried out. According to the eighth amendment of the US Constitution, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (US Const. amend. VIII). According to the famous court case Gregg vs. Georgia in 1976, death penalty cannot violate this amendment if the, ensures the sentencing authority has adequate information and guidance in reaching its decision. ("Gregg V. Georgia") This means that the death penalty is not cruel and unusual, but constitutional if the law makes clear parameters around the type of capital punishment and how it is carried out. In addition, most opponents of death penalty support life imprisonment. This method of

Nicole Spiezio Green 3/6/13 locking someone in a grimy, under-par concrete cell, surrounded by fellow criminals is much more cruel and unusual than capital punishment. Overall, death penalty does not violate the US Constitution and is a much more ethical decision than life imprisonment. Death penalty has been used for over two thousand years and has proved to be an effective measure to deter crime and lower murder rates. By making capital punishment legal in US states, states will have the ability to lower murder rates and protect innocent citizens from harm. Overall, capital Punishment prevents murderers from becoming repeat offenders, acts as a deterrent of future crime, and is not an unconstitutional method of punishment; therefore, state governments should have the right to legalize the death penalty.