The debate over the death penalty has been a debate that has taken place for years on end, ever since America instituted its practice in the judicial system. History shows that the death penalty is not merely an American practice, but it is conducted world wide. So much so, that it’s history goes as far back as in the 18th Century BC. Many civilizations have incorporated capital punishment as a means of retribution towards an offender or violator of humane law. However, regarding America, the death penalty was adopted based on influence from another country. The interesting fact is that the history of capital punishment in America has early ties to Great Britain.
According to deathpenaltyinfo.org, the following is known about the death penalty in its beginning phase, concerning America:
“Britain influenced America’s use of the death penalty more than any other country. When European settlers came to the new world, they brought the practice of capital punishment. The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain. In 1612, Virginia Governor Sir Thomas Dale enacted the Divine, Moral and Martial Laws, which provided the death penalty for even minor offenses such as stealing grapes, killing chickens, and trading with Indians.
Laws regarding the death penalty varied from colony to colony. The Massachusetts Bay Colony held its first execution in 1630, even though the Capital Laws of New England did not go into effect until years later. The New York Colony instituted the Duke’s Laws of 1665. Under these laws, offenses such as striking one’s mother or father, or denying the “true God,” were punishable by death. (Randa, 1997)“
So, it would seem that Great Britain (now our ally) was the chief influence in America’s inception of capital punishment. Aside from that, we can see the death penalty is and has usually been based upon what is called, “moral law”. Moral law is the concept that is derived out of the system of ethics, which is often surrounded between right and wrong, or good and evil. Moral law has been a basis for the death penalty for centuries, and even goes as far back to Biblical times. Societies enacted death penalties as a way to create examples within a structure, of what would happen if someone violated as set of laws. Also as stated, capital punishment is largely based on exacting retribution upon a person who has committed a crime, meaning it is a form of justice.
However, as we fast forward into 2014, the death penalty remains on the books as legal in 32 states. Only 18 states do not utilize the death penalty or have made it illegal based on the state legislature’s authority. Clearly, we can see that the death penalty is an issue of states rights, instead of it being a Federal mandate. However, with the majority of states still standing by the death penalty and it’s practice, does that mean that it should not be outlawed on a total scale?
Let’s first examine the issue in a total context. Going back to the issue of state rights vs. Federal law, states have certain rights to ratify and or draft laws proposed, within their state legislatures. The issue of the death penalty, is one that is isolated to states rights. Which means, it isn’t likely that the death penalty (as a practice) won’t be outlawed unless it comes through the states legislature. Each representative and state Senator, must have enough support and votes, in order to have the law overturned. It would mean that many within state caucuses, would see this as a moral issue, rather than merely an issue of criminal punishment.
Secondly, the most argued point (as far as supporters of capital punishment) is that of justice for the accused. Basically, anyone who commits a heinous crime, deserves to be punished in the same or greater way, to vindicate the innocent life or lives that experienced tragedy. This goes back the area of “moral law”. Based on that concept, there is an ethical responsibility on behalf of a government, to establish a legal precedent that is based on right or wrong. Anything that errs on the side of wrong or evil behavior, deserves to be sought after by capital punishment. This is based on the brutality of the crime of course, but the notion is that the death penalty is the criminal’s punishment for their crime against humanity, or against a statute.
On the flip side, opponents to the death penalty believe that it is a harsh and inhumane way to exact justice. The idea behind the lack of support is that we as humans are essentially playing God, because we are deciding who lives and who dies. It is also based on the sentiment that a justice system that oversees and executes a person, is no better than the individual that committed the atrocity. In other words, “two wrongs don’t make a right”. It would seem that as time moves forward, we will see our society leaning more so towards this side of the argument. For one, a new poll which was published by Politico.com suggests a change in thought pattern:
“According to a new Washington Post-ABC News poll released Thursday, 52 percent of Americans say they would prefer that people convicted of murder spend life in prison with no chance of parole, compared to 42 percent who prefer the death penalty for those people. That marks the first time in the Post-ABC News poll that a majority of Americans have preferred a life sentence for convicted murderers.”
Of course, polls can change at any time, but polls also show a trend in a specific or even general demographic. That particular piece of information shows that perhaps the institution of capital punishment is no longer supported as it once was. It goes back to the very argument (opponents make) which suggests that there is an inhumanity associated with killing a person. There is also the issue of botched executions, which have led to further controversy. In some cases, executions went unexpectedly wrong, leading to questions of how the criminals were treated, and with what substances.
The point is that there has and will always be a debate over whether capital punishment should remain legal and in practice. So, should the death penalty be abolished under state law? My personal opinion is that the death penalty is an inhumane way of justice. While it was a practice both biblically and even in a world view, I personally do not believe in the practice of killing a person, just because someone else had their life taken. Government was meant to govern, and courts (when established) were meant to exact rulings that protect citizens. However, by allowing capital punishment to exist in America, we are essentially offering the same sentence that perhaps a deranged person inflicted upon an innocent life. The point is, a criminals death will not satisfy the pain and loss a family feels. It may satisfy for the moment, but the overall gap and loss remains. However, like it or not, for the for-seeable future capital punishment will be a way of human civilization and justice.