The death penalty is viewed as barbaric and cruel by some, but to others it is just and fitting. For advocators of the death penalty, capital punishment falls in line with lex talionis, the law of retaliation, which consists of the “life for life, eye for eye, tooth for tooth…” mentality. If someone kills a person, they themselves should be killed. However, these feelings face a considerable amount of criticism and opposition. Many strong arguments are made by both sides on this controversial issue, but reasons which oppose the death penalty are more convincing to this author. The flaws of the legal systems application of capital punishment are, but not limited to, the fact that it is arbitrary, unfair, costs more once everything is taken into account, and does not act as a powerful deterrent of crime. For these reasons and more, the death penalty should be abolished from every country around the world.
Whether it is intentional or not, the death penalty is administered in an arbitrary manner. A first criticism of how capricious the law is, with respect to the death penalty, can be seen right from the beginning of the process. In a given court case, it is the prosecutor who has the option of seeking the death penalty or not. Therefore, there is no direct formula in determining when exactly to use capital punishment, making it fairly random at times. Furthermore, according to Amnesty
Bibliography: Acker, James R., & Lanier, Charles S. (2004, October). Capital Punishment, The Moratorium Movement, and Empirical Questions: Looking Beyond Innocence, Race, and Bad Lawyering in Death Penalty Cases. [Electronic version]. Psychology, Public Policy, and Law, 10, 577-617. Amnesty International USA (2007, November). Get the Facts About the Death Penalty. Death Penalty. Retrieved November 9, 2007, from http://www.amnestyusa.org/Death_Penalty/Fact_Sheets Bedau, Hugo A. (2004). Killing As Punishment: Reflections on the Death Penalty in America. Boston, MA, USA: Northeastern University Press. Department of Justice Canada. (2005). Fact Sheet: Capital Punishment in Canada. Ottawa, ON, Canada: Author. Retrieved November 9, 2007, from www.canada.justice.gc.ca/en/news/fs/2003/doc_30896.html Dow, David & Dow, Mark (Eds.). (2002). Machinery of Death: The Reality of America’s Death Penalty Regime. New York, NY, USA: Routledge. Lunden, W.A. (1969). Is There Any Penalty in the Death Penalty? Ames, IA, USA: The Art Press. McAdams, John C. (1998, Autumn). Racial Disparity and the Death Penalty. [Electronic version]. Law and Contemporary Problems,61, 153-170. Mulvey-Roberts, Marie (Ed.). (2007). Writing for Their Lives: Death Row USA. Chicago, IL, USA: University of Illinois Press.