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Deterrence and Ethics in Capital Punishment
Macey Hale
Saint Leo University
CRJ-530-MCOL2 Ethics in Criminal Justice
Dr. Gary Metts
February 10, 2022
2
Abstract
When researching and studying the field of criminal justice, professionals and individuals come
across a lot of controversial policies, situations, and even standing laws. One of the most
controversial topics throughout American history, and still to this day, is capital punishment
(Liciu, 2016). While many agree that capital punishment breaks a variety of morals, it also
highlights ethical issues within the penalty system of our nation. As a result of the constant
ethical arguments, 13 states have completely abandoned the use of the death penalty, while 31
states still permit it (Liciu, 2016). With capital punishment representing ethical and moral issues,
this paper will provide information gathered from research. The intent for this paper is to focus
on why the capital punishment exists, the ethical issues that is poses, and if it deters future
criminal activity. All of the included research and data will be cited from scholarly articles,
articles by the Department of Justice, and peer-reviewed journals. As a result of this paper, it is
intended to bring awareness and understanding to the capital punishment, as well as the ethical
issues it imposes.
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Deterrence and Ethics in Capital Punishment
As we have discovered throughout our history, ethics play a major role within the decision making process of everything. One of the biggest roles ethics plays is determining what laws, methods, and policies are no longer ethical to our ever-changing society. For several decades, ethical thinking has caused criminal justice professionals to even criticize the criminal justice system and the practices (Liciu, 2016). One of the most controversial punishments is the capital punishment, more commonly referred to as the death penalty. The Department of Justice defines the capital punishment as the highest possible type of sentencing for any committed capital crimes (Liciu, 2016). Capital crimes include espionage, treason, and murder (Liciu, 2016). After an individual has received capital punishment, they must be placed on death row (Liciu, 2016). Many believe that there are hidden legal issues within capital punishment, therefore unethical behavior exists (Acker, 1999).
As any other division within law enforcement, the judicial system has many ethical issues. Ethical arguments against capital punishment include: death is cruel and unusual, reduces due process, wastes resources, displays no human sympathy, and allows one individual to determine that the life of another is not as important (Bilionis, 1991). One of the biggest ethical arguments is how individuals of high power deem these criminal actions as deserving of the highest punishment, such as death (Bilionis, 1991). As mentioned by Bilionis (1991), human life is of the upmost value and every single individual has the human right to live. Under the study of
ethical principles, arguments have been made in support to say that those in full agreement with the use of capital punishment are inhumane and they lessen the value in human life (Myers,
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1980). Other arguments believe that vengeance and retribution are inadequate in resolving a family’s sorrow and loss (Myers, 1980). In response to the backlash on capital punishment, the Department of Justice has determined that life incarceration is more humane, but just as harsh as execution (Myers, 1980). Anti-capital punishment supporters have pushed the issue that death is morally wrong and racist, especially considering the fact that more African American individuals are executed than any other race or ethnicity (Meyers, 1980). It is also important to remember that with the law of capital punishment in stance, some innocent lives have been executed for faulty or corrupt investigation procedures (Myers, 1980). Clemente Aguirre was one
of many individuals who were proven innocent while on death row, as a result, he was exonerated (Labarga et al., 2016). In 2004, Mr. Aguirre was found guilty of stabbing two victims, Cheryl Williams and Carol Bareis, with a kitchen knife multiple times (Labarga et al., 2016). After several years of Mr. Aguirre being on death row, he was found innocent in 2016, due to incorrect DNA evidence on the knife (Labarga et al., 2016). In past years, most innocent individuals on death row were executed, Mr. Aguirre’s life was spared. This case brought awareness into the unethical processes within the investigation and capital punishment sentencing. In opposition, other parts of society strongly approve of the use of capital punishment due
to religion. Looking into the aspects of a supporter, there are numerous reasons for using capital punishment or the death penalty. In the Christian aspect, individuals support the death penalty because of certain statements, such as a life for a life (Myers, 1980). Looking from a monetary perspective, statistical data has shown that using execution is significantly more economical than
allowing hard criminals to live a lifelong incarceration sentence (Myers, 1980). As a result it saves thousands of dollars nationwide for taxpayers, because death row inmates still get medical
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care, dental care, and other amenities (Myers, 1980). Another major argument point for capital punishment supporters is utilizing execution can prevent specific criminals from ever returning to society and conducting additional severe criminal acts (Myers, 1980). While both arguments have vital evidence for support or abolishment of the capital punishment, deterrence must be considered as well. Therefore, will using capital punishment to execute those who have committed some of most severe criminal actions deter future criminals? During the 1970s, five states conducted a study where the results would display the numerical deterrence effect of the death penalty (Decker & Kohfeld, 1990). These states included North Carolina, Utah, Oregon, California, and Ohio, which report 1,547 executions out of the United States’ total executions of 3,863 (Decker & Kofeld, 1990). After years of research and collecting data, the numbers signified that enforcing death penalty did not reduce the number of homicides throughout those five states (Decker & Kofeld, 1990). Understanding the results, it returns public attention to the ethical issues displayed by the capital punishment. Myers (1980) mentions that if execution is not a strong deterrent, then why should the United States continue to take the lives of the convicted. Referring back to the written exercise prompt, I am asked if I personally believe that capital punishment should exist. If so, does it deter future criminal activity? While all of the research conducted explains a full argument for those in support and those against it, my understanding falls in the median. As of our current society, capital punishment is not administered as frequently as it was historically. For this, I do not agree that capital punishment should be totally abolished. Instead, it should be authorized for only the highest and most severe of criminal cases. From the perspective of a Christian, I do understand the statements of Myers (1980), such as a life for a life. As a result of my research, I support the preserving capital
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punishment, it should be used as a consequence for the most gruesome and premeditated of criminal acts. The abolishment of capital punishment has consistently been a controversial dispute for decades throughout our society and it will remain that way for the foreseeable future (Liciu, 2016). Every individual will have a different opinion regarding the existence of the death penalty
within their state; as a result, not many states still use this punishment. Ethical thinking has brought forth arguments regarding the value of human life, deterrence, and even due process (Liciu, 2016). Therefore, each decision of capital punishment brings forth multiple ethical dilemmas. If we take the life of this individual, will it prevent other possible murderers? Will our
decision appeal to opposing arguments stating that the Department of Justice has a lessened view
of human life? There may never be a widely agreeable choice, but all factors of a case must be laid on the table and reviewed thoroughly. Regardless, the Department of Justice must focus on deterring future crime and ensuring punishment of criminal offenders.
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References
Acker, J.R. (1999). Something Old, Something New, Something Borrowed, Something Blue: A Panoramic View of Capital Punishment. Criminal Justice Review(Georgia State University), 24
(2), 169-180. https://doi.org/10.1177/073401689902400204
Bilionis, L. D. (1991). Moral Appropriateness, Capital Punishment, and the Lockett Doctrine. Journal of Criminal Law & Criminology, 82
(2), 283-333. https://doi.org/10.2307/1143809
Decker, S. H., & Kohfeld, C. W. (1990). The Deterrent Effect of Capital Punishment in the Five Most Active Execution States: A Time Series Analysis. Criminal Justice Review(Georgia
State University), 15
(2), 173-191. https://doi.org/10.1177/073401689001500203
Labarga,
C. (2016).
AGUIRRE JARQUIN v. STATE
. Findlaw.
https://caselaw.findlaw.com/fl-
supreme-court/1752166.html
Liciu,
G. (2016).
No, Capital Punishment Is Not Ethical: Failure of Retribution and Deterrence
. Dawson English Journal.
https://www.dawsonenglishjournal.ca/article/no-capital-
punishment-is-not-ethical-failure-of-retribution-and-deterrence-a-study-of-the-u-s-penal-
law/
Myers, G. E. (1981). The Death Penalty. Criminal Justice Review(Georgia State University), 6
(1), 48-53. https://doi.org/10.1177/073401688100600109