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The Death Penalty
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Institution
Course
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Abstract
This paper discusses the unconventionality of the death penalty based on two aspects: The issues
related to the death penalty and the Christian Worldview on The Death Penalty. On the issues
related to the death penalty, four main areas are highlighted: contemporary arguments, which
include moral, utilitarian and practical arguments, racial disparities in administering the death
penalty, the deterrence theory, and the errors mistakes that come with the capital punishment. The
necessary changes, together with recommendations on alternative ways of administering
corrections to offenders, are also highlighted, including life term sentences with the possibility of
parole.
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The Death Penalty
Introduction
The death penalty is among the most disputed issues in the department of corrections
since time immemorial. It is famously referred to as “capital punishment.” This is a government
authorized procedure wherein an individual is sentenced to death by the court to serve as
retribution for a grievous crime (Hood, 2020). This being the case, the process of implementing
this capital punishment is referred to as execution, while the individual that has been sentenced
to death and is waiting for execution is regarded as the condemned. As mentioned earlier, the
basis of the death penalty is a result of an individual having committed a capital offense, for
instance, mass murder and terrorism. Lately, the punishment is administered through lethal
injection or electrocution. Over fifty countries still make use of this capital punishment, while
one hundred and six countries have eradicated it worldwide. An important fact to note is that the
death penalty is an issue of active debate and altercation across countries, meaning that these
countries' positions differ within their political ideals or, at times, cultural ideologies. Countries
in the European Union are forbidden from practicing capital punishment according to the
“Charter of Fundamental Rights of the European Union” (Hood, 2020). In the United States,
capital punishment is regarded as among the most disputed topics since it is legal in thirty-six
states. The advocators and abolitionists are divided on whether the punishment is worth it or not.
In particular, the church is also divided on the issue as some Christians view the death penalty as
just based on the Christian worldview, while other Christians view it as unfair and against the
Christian worldview. There are also some issues related to capital punishment, such as racial
disparities and oversights and mistakes in some capital punishment cases. On this basis, this
paper will generally discuss how unconventional the death penalty is basing on issues related to
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it such as racial disparities and the Christian worldview basing on arguments for and against the
capital punishment, then finally provide recommendations on alternative correctional approaches
including the primary one which is life term sentences with the possibility of parole.
Issues Related to The Death Penalty
Contemporary Arguments
Three arguments are among the contemporary issues related to the death penalty. The
first is the moral arguments. In this context, those individuals in favor of the capital punishment
do so on the grounds that an individual who has committed such capital atrocities as murder is
also entitled to death as the individual has lost the right to life. Besides, they believe that the
death penalty is an impartial punishment (Hood, 2020). However, to counter this argument, by
validating the very act that the systems of law seek to put a stop to, which is the act of killing,
this punishment is contradictive in the moral message that it conveys. This type of punishment
also infringes on the convicted individual's right to life, which is immoral and inhumane. The
second is the Utilitarian arguments. The advocators of the death penalty assert that the
punishment can work as an obstacle towards preventing future capital offenses as the offenders
will be wary of the consequences. However, this is not the case since various research has
illustrated that the death penalty is a less effective dissuasion to crime than other punishments
like long term incarceration (Hood, 2020). The third is the practical arguments. The death
penalty advocators are of the notion that it is quite attainable to craft laws and guidelines to
ensure this kind of punishment only goes to the individuals who deserve it (Hood, 2020).
However, to counter this argument singling out particular crimes as worthy of capital punishment
would lead to discriminatory issues.
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Racial Disparities
Individuals, especially those from the minorities in the United States, have often been
subjected to discrimination when it comes to the death penalty decisions. During the Pre-Civil
War era, a time particular referred to as “The Black Codes,” Individuals from the minorities, the
African Americans to be precise were issued the death penalty for petty crimes such as theft
while the whites, on the other hand, were not executed after having committed the same crime
(Costanzo & Krauss, 2018). This being the case, the race of the offender, together with that of
the victim, mattered a lot in deciding the capital punishment. According to (Costanzo & Krauss,
2018), between the years of 1930 and 1967, over four hundred men were issued the death penalty
in the US. Out of that population, 89% were of African American ethnicity. To add to that fact,
over 40% of inmates on death row are of black ethnicity meaning that the capital punishment
structure is purely discriminative. This is against rules of equality and morality, therefore
justifying the reasoning behind abolitionists who have their sights set on doing away with this
type of criminal punishment to avoid instances of racial disparities and in the process promoting
impartiality.
Deterrence
Deterrence theory is among the primary grounds by which the death penalty was
established. This theory claims that the menace of punishment will dissuade individuals from
engaging in criminal activities and mitigate the extent of offenses in society. In the capital
punishment context, however, the theory is used to postulate that prospective killings would be
moderated by the likelihood of execution (Costanzo & Krauss, 2018). To counter this theory,
murderers, in most instances, do not think logically and coherently since most of them are under
the influence of various substances that control them when they are committing capital offenses.
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This being the case, the death penalty is far from their minds as they are committing the crimes
as they tend to have the notion that they will not be caught in the act and executed. Considering
all this, the deterrence theory is thus not upheld. It is said that states in America with capital
punishment in play have higher rates of murders than those states that do not have this
punishment. This indicates that the death penalty does not quash murder rates. The backfiring of
the deterrence theory thus gives rise to the brutalization effect (Costanzo & Krauss, 2018),
whereby the public generally loses interest in life's value, and consequently, more murders are
committed.
Errors, Mistakes, and Changes
As an overview, over sixty percent of capital punishment sentences have been overturned
due to mistakes and oversights during trials. These errors were brought about by factors such as
the incompetency of attorneys, prosecutorial misconducts, and ambiguous jury instructions.
Going back to the year 1900 up to the present, over four hundred individuals have been
undeservedly convicted and given the death penalty, with 23 of them being executed instantly
(Costanzo & Krauss, 2018). Thanks to the later technology, which includes DNA evidence, 140
individuals have been declared innocent. This raises the question; how many individuals have
been executed as a result of erroneous convictions? To avoid wrongfully executing innocent
individuals, the death penalty must be done away with altogether. According to (Hood & Hoyle,
2009), since the late 90s, many countries are trying to do away with the death penalty as part of
changes addressing humanity. The remaining countries acknowledge that the death penalty
should be used sparingly and with caution to ensure that no innocent individuals are executed
(Hood & Hoyle, 2009). This being the case, the countries are nearing the main objective of
entirely getting rid of capital punishment. In America, there are significant changes that have
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been made on the same, including no death penalty to individuals with mental issues underage
individuals and cases where the victim of the offense is not dead (Sethuraju et al., 2016).
Christian Worldview on The Death Penalty
Christians are divided on the death penalty issue since some advocate for it while the rest
do not. These arguments are mostly based on the differences in the interpretation of the Holy
Bible. According to Prison Fellowship (2020), those Christians who advocate for the death
penalty do so on the basis that life is sanctified. This being the case, those individuals who take
the lives of their victims should also lose theirs as a form of restoration. This argument is based
on chapters from the Old Testament, a good example being “Whoever sheds the blood of man,
by man shall his blood be shed; for in the image of God has God made man,” (“Genesis 9:6,”
NKJV). Based on this verse, death penalty advocators claim that capital punishment is justified.
However, to counter this argument, the new testament comes into play. “How much more, then,
will the blood of Christ, who through the eternal Spirit offered himself unblemished to God,
cleanse our consciences from acts that lead to death, so that we may serve the living God!”
(“Hebrews 9:14,” NKJV). This verse shows that the death of Jesus at the cross was the ultimate
sacrifice to all sins, thus rendering the death penalty unconventional (Prison Fellowship,2020).
Based on other Christian views, the death penalty is supported on the basis that the court
acts on God's behalf in administering justice, as said by Saint Paul, an evangelist (Morrow,
2017). This being the case, the death penalty advocators justify this capital punishment as being
for society's well-being. Therefore, the advocators make their claims on the grounds of Biblical
scriptures such as “Whatever measure you deal out to others will be dealt back to you," (Mathew
7:2, NKJV). Advocacy for the death penalty on individuals who have committed capital
offenses is illustrated at this point. Another verse used is, “He who speaks evil of father or
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mother, let him surely die,” (Mathew 15:4, NKJV). According to this verse, the Christian view is
that God does not deny the authority’s power to bring into play capital punishment (BBC, 2009).
To counter these arguments, the words of Pope Francis come into play where he has consistently
been at the front line in inspiring authorities to do away with the death penalty. His line of
thinking is rational as he claims that this capital punishment can be done away with for the
simple fact that modern incarceration facilities are designed in such a way that they put a stop to
convicts from committing additional harm. His argument is justified by the scriptures, which
claim that only God is the giver and taker of life (Morrow, 2017). “Thou shalt not kill” (“Exodus
21:13,” NKJV). According to this verse, human beings are not entitled to take away life.
As a united front, the Protestant churches turned down the death penalty, claiming that
where capital punishment is enforced, Christianity, together with the love of God, is infringed.
(Frédéric, 2019). Therefore, according to them, the process of doing away with an individual’s
life is going against God’s Will. On the other hand, The Roman Catholic Church also made a
united statement of abolishing capital punishment. This being the case, the church places in high
regard the right to life and has, over the years, been rallying fellow Christians to support the
cause through campaigning against the unconventional practice orchestrated through the death
penalty (Frédéric, 2019). According to the book of Hebrews, “God’s word is sharper than any
kind of sword” (NKJV), and thus only this word should be used to render justice to the society.
(Hart, 2017).
In general, basing on the Christian Worldview, capital punishment is unconventional in
that first, it does not value and respect the entitlement to life. “The right to life” should be
absolute in that it is not determined by a panel of judges and jurors whether it is deserved or not.
Therefore, the death penalty is an inhumane and demeaning form of “justice” (Frédéric, 2019).
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The second point is that capital punishment is not a successful deterrent. According to the
Christian view, the death penalty is not sufficient to deal with capital offenses as it is seen to
increase the chances of crime. Another point is that the death penalty is reliant upon a flawed
system of justice. This being the case, the system is flawed with discrimination and bias towards
various races and religious movements, together with the risk of executing offenders who may be
innocent. Finally, the death penalty doesn’t permit the convicted individual to repent. This is
because it is irrevocable, and it cuts in on any proceedings of healing and reintegration into
society. In executing an individual, the only thing that is achieved is getting rid of the individual
instead of punishment. Thus, for Christians, advocating for the death penalty contradicts the
churches’ solid stance against it hand in hand with the scriptures which make up the gospel
(Frédéric, 2019).
Recommendations
First, no individual should be considered as past the point of improvement, and this being
the case, the convicts, even with grievous offenses, should always be given the opportunity for
corrections and later on be released if possible. This being the case, the death penalty should be
done away with and, instead, sanction the “International Covenant on Civil and Political Rights,”
which handles the eradication of capital punishment (Frédéric, 2019). The crime must be subdued
through rendering harmless the convicts who carried out the crime without striping the individual
of the opportunity and likelihood of repentance. According to the Bible, “Thou shalt not kill”
(“Exodus 21:13,” NKJV). This means that it is not the duty of human beings to kill but to correct
one another's mistakes with the hope of becoming better individuals. The right to life is sacred,
and thus bloodless techniques should be used in the process of correcting a capital offender to
integrate them back to society.
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The pre-eminent way of putting a stop to crime is not by inflicting grave
retributions to the offenders but by ensuring that all crime is subject to punishment.
The prison systems should also be reformed to ensure that they are competent enough
to hold offenders and guide them through the correctional process, after which they
might have a chance of being incorporated back to society. In the biblical context, the
death penalty should be replaced with other means that may guarantee a second
chance at life the way Jesus died for us on the cross. “How much more, then, will the
blood of Christ, who through the eternal Spirit offered himself unblemished to God, cleanse our
consciences from acts that lead to death, so that we may serve the living God!” (“Hebrews 9:14,”
NKJV). This verse shows that Jesus died at the cross to give as a second chance with God's
glory, and this should also be the case in applying punishment to capital offenses. Therefore, the
best alternative to the death penalty is life term sentences with the possibility of parole in the
event of a change in the offender’s behavior. God states that “Behold, all souls are mine, the soul
of the father as well as the soul of the son is mine: the soul who sins shall die,” (“Ezekiel 18:4,”
NKJV). This means that it is his role to give and take life (“Penal Reform International, 2015”).
Conclusion
The death penalty is unconventional due to the various issues that it raises including
Contemporary Arguments, like the moral and utilitarian arguments, racial disparities that arise as
a result of the death penalty being enforced whereby minorities are the ones mostly executed, the
errors and mistakes that also arise from the death penalty cases raise questions about its
legitimacy. The death penalty has also failed to deter crime as it instead raises crime levels.
Basing on the Christian worldview, capital punishment is unconventional because it leads to loss
of life, which is against the scriptures rebuke murder and advocate for second chances. Thus, the
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central replacement to the death penalty is a life sentence with an option for parole according to
behavior change.
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