The American Bill of Rights prohibition against cruel and unusual punishment was a reaction to barbaric methods of punishment. There is no doubt that it was included in the Eighth Amendment because our Founding Fathers intended to outlaw torture and other cruel punishments (Marshall 208). The death penalty would be considered a cruel punishment, but still it is presently being used in the United States. The death penalty should not be administered because the American Bill of Rights prohibited it and the Founding Fathers even included the Eighth Amendment in the Constitution to prevent the use of barbaric methods of punishment. Besides the American Bill of Rights and the Eighth Amendment, the death penalty should not be administered for many reasons. This paper will argue why the death penalty should not be administered in the United States. Besides specific reasons why the death penalty should be made illegal, the United States’ form of punishment will be compared to European punishment, because the death penalty has been abolished in Europe. The death penalty is a very important and controversial issue in today’s society. Currently a barbaric and cruel method of punishment is being used. In addition to its cruelty, the purpose of the death penalty, reducing crime rates, is not being reached. The streets of America are not as safe as they could be considering there is an ineffective form of punishment is being used. The death penalty should be made illegal because the goal of reducing murder rates in the United States is not being met.

For thousands of years, some form of punishment similar to the death penalty has been used in the world. People were executed for crimes or wrong doings that they had committed. In the United States, the death penalty became apart of the Penal Code in 1872. From the year 1872 to present day, some states have abolished the death penalty. In 1972, the U.S. Supreme Court decided that the death penalty is a cruel and unusual punishment in violation of the state constitution. Many inmates were taken off death row because of this decision. Over five years later, legislature re-enacted the death penalty under a new statute, including the adoption of new procedures. Currently, the death penalty is administered by lethal injection, electrocution, gas chamber, hanging, and firing squad. In addition, the death penalty is legal in thirty-eight of the fifty states, allowing the states to decide whether they are willing to allow this cruel form of punishment to continue or not. A form of punishment is being used in the United States that is not even agreed upon in every state, and in the states that do use the death penalty there is been one point in time where it has been abolished.

The death penalty should be made illegal, because innocent people have been put to death. “The wrongful execution of an innocent person is an injustice that can never be rectified. Since the reinstatement of the death penalty, 117 men and women have been released from Death Row, some only minutes away from execution (deathpenalty.org). The death penalty should be illegal to prevent the chance of a person being put to death accidentally. The death penalty is irreversible. There is no turning back, or bringing a person back to life. The truth about death is that it is final. A mistake cannot be corrected if the defendant has been executed (Freedman 68). Life imprisonment would prevent the accidental taking of innocent lives. The sentence can be reversed at anytime. If a person were found innocent during the time that they were serving their jail sentence, they could be released from jail. In addition, many more people have been found innocent with DNA testing. With the widening acceptance of DNA testing it has exposed some of the system’s fatal flaws (“Innocence and the Death Penalty”). DNA testing has helped proven people innocent even after they were put to death. This has caused people to become doubtful of this form of punishment. The death penalty should not exist to easily prevent people from dying from this irreversible punishment.

Not only is the death penalty the cause of the execution of innocent lives, but it should also be made illegal because of the higher costs of putting a person to death than incarcerating them to life in prison without parole. “The total cost of carrying out a single federal death penalty case is approximately seventy-five percent greater than seeking a life sentence (DeathPenalty.org). The United States could be saving millions of dollars, and there would be less of a burden on tax payers, if the death penalty were not in affect. In Los Angeles County the total cost of capital punishment is $2,087,926 and the total cost of life imprisonment without the possibility of parole is $1,448,935(dp.org). There is over a $600,000 difference between the two, and these numbers are for only one person. With the number of people committing first-degree murder a year, millions of dollars could be saved. These numbers could be different if the death penalty was administered correctly. “Proponents say that if the death penalty was applied properly, without so many appeals, it would be less expensive than life in prison without parole” (Notis 122). Supporters of the death penalty have had years to correct the process of trials and appeals, but the justice system still has flaws. The death penalty will not be corrected anytime soon, so it should be eliminated to save millions of dollars. Even those involved with executing the death penalty do not agree with it because of high costs. “The Criminal Justice section of the New York State Bar Association, which includes prosecutors, judges and defense attorneys, opposed re-institution of the death penalty, because of the enormous cost associated with such a measure” (Freedman 67). Prosecutors, judges and defense attorneys are involved with the decision of whether a person is put to death or not, and they do not even agree with it because of its high costs. Simply, the death penalty should not be legal to save millions of dollars.

Continuing with the issue of money and the death penalty, the death penalty is also economically biased. “The issue of class, or economic status, is also a problem in death penalty cases. Defendants who have adequate funds are more likely to hire better, more experienced (and more expensive) lawyers than those defendants who do not have these funds” (Notis 123). The defendant’s life is put into the hands of a lawyer. They deserve the best lawyer that can represent them to their fullest. Money should not pose a problem in whether a person gets represented properly or not. Supporters may now argue using the Miranda Rights as a defense, saying that if a person cannot afford an attorney, one will be appointed for them. Mark Costanzo asserts that “although poor defendants on trial for murder are entitled to a lawyer, they are not necessarily entitled to a good lawyer. The poorly trained, poorly paid court-appointed lawyers who usually represent poor defendants are usually no match for experienced prosecutors who can rely on the investigative skills of local police” (Costanzo 174). Not everyone in the United States is lucky to land a decent job and make a decent amount of money. They have the right to be represented by a lawyer with the same skills as the prosecutor. Despite this, money still plays a role in capital cases. “Not surprisingly, defendants represented by court-appointed attorneys are more than twice likely to be sentenced to death than those represented by private attorneys or public defenders” (Costanzo 175). It still continues that a person with a low income will have more of a chance of losing their case, because they were unable to afford an experienced and qualified lawyer.

The death penalty should also be made illegal, because it is bias with respect to race. Race is an important factor in determining who is sentenced to die. “In 1990, a report from the General Accounting Office concluded that in eighty-two percent of the studies, race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty. Otherwise stated, those who murdered whites were found more likely to be sentenced to death than those who murdered blacks” (dp.org). People even believe that you can escape the executioner by making sure that the victim is African American. This may sound absurd, but there have been many instances that those who kill white people are more likely to be sentenced to death than those who kill black people. “Since the death penalty was restored in 1976, only six white people have been executed for murdering a black person, while 112 people have been executed for murdering whites” (Costanzo 174). The death penalty should be eliminated, because it is adding to the problems that already exist in society. Once again, a person involved with the decisions of whether a person should be put to death or not, is doubtful of the death penalty. Former U.S. Supreme Court Justice, William Brennan, in 1987, criticized the majority of the court for continuing to uphold a “capital sentencing system in which race more likely than not plays a role” (Ross 149). Not only are criminals forced to face the affects of prejudice and racism, but some may even reach the extent of becoming another innocent life, victimized by the irreversible effects of capital punishment.

The most important issue of the death penalty is that it does not deter others from committing crimes punishable by death. Currently supporters of the death penalty believe in the “fear of death” myth. They simply believe that a person will not commit a crime because they have a fear of dying. Those who oppose the death penalty believe this idea is absurd and that “people who commit capital murders generally do not engage in probability analysis concerning the likelihood of getting the death penalty if they are caught. They may be severely mentally disturbed people” (Freedman 64). Most people who commit capital crimes have mental problems, and do not logically think. They are not thinking ahead nor could they be debating what will happen in the future. Many others do not fear the death penalty because of the years of trials and appeals. “In 1995, a total of 3,054 prisoners were sentenced to death. Of these individuals, only fifty-six were actually executed. It is hard to fear for your death when there is a very small risk of actually dying” (Notis 121). Only two percent were put to death in this case, leaving a ninety-eight percent chance of living. People are trying to put the death penalty in affect, but too many problems have arisen. A small amount of people are put to death, because of the court process. It takes years of trials followed by appeals. These trials reach the hands of twelve jury members who must have a unanimous vote. Murderers clearly understand this causing them to have a fear of nothing. It is surprising that more than three quarters of the country has the death penalty in affect, and that very few people are being put to death. “Right now, the states that use the death penalty most often have the highest murder rates in the country. If the death penalty actually deterred murders, we would expect to see opposite results” (Notis 122). Not only do people not have a fear of death, but the use of capital punishment is not working. If it were a deterrent, then states with the death penalty should have the lowest murder rates. Clearly the death penalty is not a deterrent because people are still committing crimes, very few are actually being put to death, and murder rates are still high in states that legalized the death penalty.

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