Introduction
Ethics refer to the moral principles governing the way persons are expected to behave or conduct themselves while considering their connection to their immediate social environments. In other words, ethics play a critical role in defining what is expected of individuals within different scenarios and situations. People often find themselves exposed to a wide array of ethical issues or challenges, which they are supposed to handle in a manner that is reflective of set out moral principles governing the society. One critical ethical issue, which is to be considered within this research paper that has raised severe debate in society today is on the use of the death penalty. The death penalty is seen as one of the most controversial punishments used as part of the criminal justice system in which persons, involved in capital offenses, are punished by death or execution often described as being inhumane.
The death penalty is a type of punishment that dates back to the 18 th century BCE during which time persons that were convicted of a wide array of crimes were executed brutally in public (Gratton, 2016). In recent years, the death penalty has raised severe debates on whether indeed this form of punishment ought to be considered as being ethical or moral. That is a question that has created a lot of controversy on the use of this type of punishment for persons convicted of capital offenses. Ultimate that establishes the need for having to embark on research that would seek to examine the ethical arguments surrounding the issue of the death penalty. The research paper will attempt to answer the question of whether the death penalty ought to be considered as being ethical.
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Background of the Ethical Issue
The death penalty is considered as one of the older types of punishments for persons that were convicted of a wide array of crimes. The laws supporting the death penalty can be traced back to the 18 th century BCE in the Code of King Hammurabi of Babylon. The code sought to create a provision through which persons that were convicted of 25 different crimes were executed in public as a way of improving deterrence (Green, 2016). The progression of social development contributed to an increase in the number of executions taking into account that societies viewed the death penalty as one of the key ways through which to punish offenders, especially violent offenders. It must be noted that most of the approaches considered as part of the death penalty were cruel and inhumane, as the offenders were often crucified, burned alive, or beaten to death.
An example of an infamous case that involves the death penalty was that of Socrates, who was a Greek philosopher, who was forced to drink some form of poison as a result of his accusation of ‘corruption of the use.’ Using the case of Socrates as an example seeks to suggest that indeed society, around the world, were on the forefront in accepting the use of the death penalty as a form of punishment for persons convicted of a wide array of offenses. Societies believed in the fact that the use of the death penalty would play a critical role in ensuring that they would be able to ensure that people understand the importance of following the laid outlaws.
In recent history, the use of the death penalty has reduced significantly attributed to the question of whether the purpose of this form of punishment ought to be viewed as being ethical or justified. Philosophers have been on the forefront in projecting the question on whether indeed the use of the death penalty is warranted while considering that it goes against the moral principles of protecting human life (Larsson, 2017). That has paved the way for a serious debate on whether societies should embrace the idea of having to ensure that they execute persons that have been accused of capital offenses, which include murder and rape among others. The main question touching on the use of the death penalty has been on whether this form of punishment ought to be viewed as justifiable retribution or whether it would be categorized as vengeance. That is a critical question that governs the debate on whether to consider the death penalty as being an ethical while because it goes against the moral principles set for societies.
The Death Penalty: A question of ethics and morals
Over the years, the debate on the death penalty has created various reactions regarding whether it is ethical to or morally correct. The issue of capital punishment results in the development of discussions and arguments in the society and within the courts regarding the necessity of putting an individual to death following certain criminal activities undertaken. The issue of capital has two significant sides whereby those that support the death penalty base their argument on factors such as the ability to control crime within the society. Considering that the majority of people fear the issue of death, capitalizing on the subject of the death penalty for certain crimes in society play an important role in reducing the crime rates. In that case, the death penalty is regarded ethical considering that it is a form of retribution for the criminal activities undertaken thus preventing other people from engaging in such activities with the fear of the capital punishment (Gratton, 2016).
On the other hand, opposes of the death penalty argue that punishment through killing the offender does not serve the purpose of finding a solution to the issue. Additionally, the killing of a person is considered unethical considering that it is necessary to ensure that people are given a chance to justify their actions with the aim of enhancing change within the society. An important aspect of consideration regarding the issue of capital punishment is the fact that an innocent individual may end up being killed considering flaws that may be available in the criminal justice systems. In that case, the issue of killing criminal offenders may be regarded as unjust where undeserving people may be executed for crimes that they did not commit. The question of death penalty creates an ethical dilemma on whether it is right to kill a criminal offender with the argument that execution helps in reducing crime rates in the society by preventing the recurrence of similar crimes.
Is the death penalty justifiable retribution or vengeance?
Considering that the issue of death penalty results in a significant argument regarding the ethical considerations attributed to the actions, researchers have engaged in studies to ascertain whether it is moral. Various studies have confirmed that the death penalty is ethical considering that it is a form of punishment for heinous crimes (Green, 2016). Additionally, the implementation of the death penalty focuses on the provision of a payback to the affected persons considering that the criminal activities result in extensive harm to the victims and other parties involved. Illegal activities such as murder results in the loss of an individual thus the need to implement capital punishment to serve as retribution to the persons affected. The death penalty in cases is ethical as it involves an in-depth investigation to ascertain that an individual engaged in a criminal activity that calls for capital punishment.
Deterrence to Violent Crimes
A significant argument explaining that the death penalty is ethical is the fact that it acts as deterrence for other criminal activities. In cases where an individual commits a heinous crime and faces the capital punishment, a majority of the other people in the society tend to fear thus creating a situation where there is a deterrence for others to commit similar criminal activities. Individuals intending to engage in related illegal activities tend to reconsider their thoughts following the fear of execution and facing capital punishment (Adelsberg, Guenther, & Zeman, 2015). The implementation of capital punishment as a deterrent to violent crime plays an essential role in reducing the number of crimes in the society thus enhancing safety. Additionally, the death penalty helps in reducing repeat offenders and ensure that members of society capitalize on maintaining the law and do not engage in criminal activities.
Discrimination and Capital Punishment
Although there are justifications that ascertain that capital punishment is ethical, there are factors that indicate that the death penalty may be associated with injustices due to its implementation to the criminal offenders. When considering the aspect of discrimination, the majority of African Americans tend to experience capital punishment more often compared to Americans. The element of discrimination in the capital punishment indicates the injustices that may be associated with the practice considering that the Americans and the African Americans do not receive similar punishment despite engaging in similar criminal activity (Xiang, Meng, & Ungvari, 2016). Additionally, a majority of the Americans tend to have adequate resources to afford lawyers with the ability to dispute cases associated with the death penalty compared to the African Americans that depend on the final judgment within the court. The discriminations related to the death penalty create a situation where the punishments are considered unjust considering that external factors such as racial background influence the sentencing.
Ethical Arguments on the Death Penalty
When considering the ethics associated with the death penalty, it is essential to focus on the moral arguments that have been presented on whether or not to engage in the death penalty as a form of capital punishment. The following is an analysis of ethical arguments in favor and against the use of the death as part of expected disciplines:
Moral Arguments in Favor of the Death Penalty
One of the critical cases that have been raised concerning the use of the death penalty has been on the fact that it paves the way for retribution or justice for those affected by the offenders. The purpose of the death penalty is seen as a platform through which victims affected by the crimes committed can get the justice that they deserve. An example can be seen in cases where the persons have been accused of premeditated murder; thus, meaning that the use of the death penalty paves the way for retribution for their unjustified actions against others.
Another key argument that has been raised concerning the question of the death penalty has been on the fact that the use of the death penalty is essential in crime deterrence, as potential offenders often see this as an outcome. By engaging in the death penalty, what becomes evident is that it creates a real platform through which to ensure that others do not participate in the same manner of criminal activities. This means that the death penalty acts as one of the ways through which to reduce the number of cases associated with capital offenses. That is an argument that has been directed towards ensuring that indeed societies understand the value of the death penalty towards reducing the number of serious crimes.
Ethical Arguments against the Death Penalty
The first critical moral argument that has led to severe opposition to the death penalty has been on the fact that every human being has the right to life, as has been guaranteed within the constitution. The right to life is not limited for persons that have been convicted of capital offenses, as they too are considered as human beings, who must be protected at all times (Oliver, Straub, Chenoweth, Guenther, Howells, & Kamuf, 2018). The argument seeks to create a platform through which to ensure that indeed the people can understand the value of human life. In other words, this means it creates an avenue through which to consider human life as being valuable in every sense; thus, saying that it must be protected and preserved.
The second critical ethical argument reflects on the fact that exposing persons to the death penalty is cruel, inhumane, and degrading considering that it creates a situation where the persons are painfully exposed to death. The debate on whether the approaches used as part of the death penalty ought to be painless has persisted above the discussion about the death penalty as a whole. One of the critical foundations of the debate has been on the fact that the current approaches used tend to expose those being executed to immense pain before their death. That has created a severe ethical disclaimer touching on the fact that exposure to such pain is cruel and inhumane. That has led to the ethical decision reflecting on the need for having to avoid all possible outcomes in terms of exposing human beings to the death penalty.
Lastly, an argument on deterrence has also been raised to support the fact that that indeed the death penalty ought to be viewed as being unethical considering that the death penalty is not sufficient towards promoting deterrence. A review of the number of persons engaging in capital offenses when compared to the number of persons that are executed annually, it is clear that the number of persons convicted is on the rise. That means that the use of the death penalty does not seem to have any significant impacts on the deterrence of these crimes. Additionally, this also reflects on the fact that most of the persons that are executed only serve as mentors for a significant number of the persons that are convicted of serious crimes including rapes and murders.
Conclusion
Ethics refer to the moral principles governing the way persons are expected to behave or conduct themselves while considering their connection to their immediate social environments. The death penalty is a type of punishment that dates back to the 18th century BCE during which time persons that were convicted of a wide array of crimes were executed cruelly in public. The issue of capital punishment results in the development of discussions and arguments in the society and within the courts regarding the necessity of putting an individual to death following certain criminal activities undertaken. One of the critical arguments that have been raised concerning the use of the death penalty has been on the fact that it paves the way for retribution or justice for those affected by the offenders. The first critical ethical argument that has led to severe opposition to the death penalty has been on the fact that every human being has the right to life, as has been guaranteed within the constitution.
References
Adelsberg, G., Guenther, L., & Zeman, S. (Eds.). (2015). Death and other penalties: Philosophy in a time of mass incarceration . Fordham University Press.
Gratton, P. (2016). Philosophy in Denial: Derrida, the Undeniably Real, and the Death Penalty. Derrida Today , 9 (1), 68-84.
Green, B. A. (2016). Should There Be a Specialized Ethics Code for Death-Penalty Defense Lawyers. Geo. J. Legal Ethics , 29 , 527.
Larsson, K. (2017). Critical Thinking in Students’ Ethical Reasoning: A Reflection on Some Examples from the Swedish National Tests in Religious Education. In Assessment in Ethics Education (pp. 51-67). Springer, Cham.
Oliver, K., Straub, S., Chenoweth, K., Guenther, L., Howells, C., & Kamuf, P. (2018). Deconstructing the Death Penalty: Derrida's Seminars and the New Abolitionism . Fordham University Press.
Xiang, Y. T., Meng, L. R., & Ungvari, G. S. (2016). China to halt using executed prisoners’ organs for transplants: a step in the right direction in medical ethics. Journal of medical ethics , 42 (1), 10-10.
