Coleman 1

Brandon Coleman
Professor Shari McGriff
ENC 1102
15 November 2016
Word Count: 2,425
The Death Penalty in the United States
Arguably, the Death Penalty in the United States is a controversial topic. Considering
that the murder rate in the U.S. is 4.6 per 100,000 people, the Death Penalty remains a topic of
discussion. (Death Penalty Information Center) There are wide ranging issues with the Death
Penalty, whether or not its constitutional, if the cost is worth the effort, if the Death Penalty
serves justice, whether or not the Death Penalty is discriminatory towards those in poverty or
minorities, and even if the Death Penalty actually deters crime. Even in 2016 the argument over
the Death Penalty continues, and in the state of Florida the Death Penalty has been ruled
unconstitutional twice, once by a U.S. District Judge, and the second time by the Florida
Supreme Court. My goal is to successfully show the different arguments for the Death Penalty
and to educate the reader on the Death Penalty in the United States. Because of the conversation
occurring over the Death Penalty, I will explore the arguments involving: The constitutionality of
the Death Penalty, whether or not the Death Penalty is worth the cost, and if the Death Penalty
serves justice.

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The Bill of Rights to the United States Constitution bestows to the American people
certain rights, among them protection against Cruel and Unusual Punishment; circa the 4th
Amendment. Because of this right, most appeals filed against the sentencing of a defendant to
the Death Penalty cite the 4th Amendment, or even the 5th Amendment. To the contrary,
supporters of the Death Penalty believe that the government has a duty to protect the citizens and
one way to carry out that duty is to inflict the ultimate punishment on citizens that commit
murder. Regardless of how you feel about the Death Penalty, there is an interesting argument for
both sides of the issue.
Most critics of the Death Penalty insist that subjecting a human being to the Death Penalty is
cruel and unusual punishment, and the state does not have the authority to kill a human.
According to one source, limiting the power of the government to take a life should be a
conservative principle, and the application of the Death Penalty is an act of torture (Bergman).
In 1972, with the ruling in Furman V. Georgia, the Death Penalty in the United States was ruled
unconstitutional because of the Supreme Courts opinion on the imposition of the Death Penalty.
Defendant Furman argued in the case that the Death Penalty infringed upon his 14th Amendment
right, and specifically his right to Life, Liberty, and the Pursuit of Happiness as described in
the Declaration of Independence. The Justices, in a 5-4 ruling, determined that the Death Penalty
would be considered Cruel and Unusual Punishment unless there was a uniform and
unwavering policy in determining the imposition of the Death Penalty. (Furman V. Georgia)
The Furman V. Georgia ruling affected the Death Penalty in all fifty states, and in turn, required
a separate ruling in the 1976 ruling Gregg V. Georgia, which reinstated the Death Penalty. It is

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interesting to note that in 2016 the controversy over the Death Penalty continues, with the
Florida Supreme Court declaring the Florida Death Penalty unconstitutional following the
declaration from a U.S. District court judge (Bellware). A recent ruling by the Florida Supreme
Court determined that jurors must be unanimous in their determination that a defendant should
be sentenced to the Death Penalty, thereby adding another hurdle to the imposition of the Death
Penalty. Another staple of the anti-Death Penalty argument is the method of execution used by
the states. In Florida from 1924 until the year 2000, the only method of execution was the
electric chair. After the supposed botched execution of Allen Lee Davis in 1999, the U.S.
Supreme Court pressured the Florida Legislature to sign Lethal Injection into law. After the
Death Penalty argument flared up again in the 2010s, the European Union banned the export of
lethal injection drugs into the U.S.; forcing the states to move to a single drug system. Under
this new system, there have been issues during executions, all of which fuel the fire for the
Cruel and Unusual Punishment in relation to the Death Penalty. (Death Penalty Information
Center).
On the flip side, there are supporters of the Death Penalty that believe that the Government not
only has the right, but also the duty to carry out the Death Penalty. These supporters claim that
the Death Penalty is a form of justice that should be used to adequately punish murderers.
Advocates believe, and Im inclined to agree, that the government has a duty to protect the
people, and in carrying out the Death Penalty, the government is removing a member of society
that poses an unmitigated danger to the people. While there have been case rulings through the

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court systems that move towards eliminating the Death Penalty, there have also been bills signed
into law strengthening the imposition of the Death Penalty. Case and point is Floridas law
which requires the Governor to sign a death warrant within 30 days of the inmate exhausting
appeals, and that warrant being executed within 180 days of issuance. This likely due to the
revelation that in Florida, the average time an inmate spends on Death Row before execution is
12.7 years, according to the Florida Department of Corrections. However, some inmates spend
upwards of thirty years on Death Row before being executed, or in some cases, dying of natural
causes. All of this adds up to the constitutionality of the Death Penalty, more specifically the
governments right to take a citizens life. As of November 9, 2016, there are 31 states in the
U.S. that have the Death Penalty, and 19 states that do not have it. There have also been 1,489
executions in the United States since the Death Penalty was reestablished in 1976 (DPIC).
Aside from the argument about the constitutionality of the Death Penalty, there is an
issue of whether or not the Death Penalty is actually worth the cost. There are varying numbers,
depending on the state, as to the cost of the Death Penalty. This cost has to account for several
factors, such as the trial, cost of incarceration, and the separate cost of appeals. This could also
raise the separate argument about whether or not this discussion actually amounts to putting a
dollar sign on a human life. These figures would also have to balance with the cost to incarcerate
an inmate for life, versus the cost of an inmate on Death Row.
The cost of a Death Penalty system can be enormous and requires the consideration of several
key factors in order to put forward a compelling argument for either side. Several of those factors

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include the cost to house a Death Row inmate, which often times requires a single isolation cell,
which is costlier than an open bay dorm which is what houses certain inmates sentenced to life in
prison. Another factor to consider would be the actual cost to prosecute, taking into
consideration the cost of the prosecution side (which the state always pays) and if the defendant
is indigent (which is not uncommon) the state often times will pick up the bill for the defense
side as well. Considering that if the state wins and the defendant is sentenced to prison, there is
virtually no opportunity for the state to recoup the funds lost on the prosecution. According to
one source, accounting for the entire United States, only about 15% of those who have been
sentenced to death have been executed (Deiter). The concern here is that this source does not
give any specific timeframe for the study, however, considering the average time spent on Death
Row (speaking directly for Florida from the Florida Department of Corrections, 12.7 years is the
average) it is discernable that a lot of time is spent waiting to execute a condemned inmate. An
older report from Florida, from 1988, put the average cost of $3.2 million per execution. Further
research shows that given the forty-four executions carried out by the State of Florida between
1976 (when the Death Penalty was reestablished) and 2000, the cost per execution rises to about
$24 million apiece. (Dieter). Considering that the State of Florida carries the third largest
corrections system in the United States (Florida Department of Corrections), this gives one pause
to consider the cost per execution for other systems, such as California.
Contrary to the argument that the Death Penalty cases are far more expensive than the Life
without Parole cases, the opposition can agree that the upfront costs associated with the Death

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Penalty cases are significantly larger. However, the argument is that the Life without Parole
cases are in fact more expensive in the long run due to associated medical costs, food, and
lodging for the duration of the inmates life. Another interesting argument is that the inmates
sentenced to Life Without Parole will file a large amount of appeals as well, which, if you factor
in the man hours with the pay associated for the prosecution, defense, and court, plus the
paperwork fees, makes a valid point. There are automatic appeals that go with any Death Penalty
case, however, there are limits to how many appeals can be filed. In contrast, the argument for
the Pro Death Penalty cost crowd is that the inmates sentenced to Life will continue to file
appeal after appeal, based upon habeas corpus petition, because the inmate simply has nothing
better to do. That argument aside, it is undeniable that the costs associated with health care rise
with the age of the person covered by said health care. It is also hard to deny that the actual
standard of health care is lower inside the correctional institution than it is for the average United
States Citizen. Personally, and despite the lack of evidence to the fact, I believe that it is
somewhat immoral to attempt to put a dollar amount on the cost of a human life. Americans
typically place the value of human life higher than others, which is ironic considering the
statistics of our correctional system, which boasts the highest inmate population in the world.
Lastly, the argument about whether or not the Death Penalty serves justice. This is a
complex answer that invokes an individuals morality, which is something that is personal and
deep-seeded. While the U.S. Constitution was set up to separate the powers of Church and
State, our nation is still guided by Christian principles. Because of these principles, we do not

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support an eye for an eye in our criminal justice system. While we do believe in punishment
for crimes committed, there are those that believe that the killing of someone convicted of
murder is tantamount to revenge.
People opposed to the Death Penalty often relay concern over the possibility of an innocent
person being executed. Proof that there are issues with our Criminal Justice system are pointed
out through the Innocence Project, which was founded in 1992 and pursues the use of DNA
testing in order to exonerate innocent defendants convicted and sentenced to prison. (The
Innocence Project) One such case that was handled by the Innocence Project is the story of
Bryon Halsley, who was convicted of the brutal rape and murder of two small children in 1985.
After nineteen years in prison he was exonerated through the use of DNA testing, and Clifton
Hall was arrested for the crime. (Kelley). While Mr. Halsley was sentenced to two life sentences,
he could have easily been sentenced to death, as the prosecution had originally sought the death
penalty. This is just one of many cases that have been overturned years after conviction due to
DNA testing, or another form of evidence surfacing. The Innocence Project has handled over
three hundred cases so far, and has assisted in finding the actual perpetrator in over one hundred
cases. (The Innocence Project).
The counter argument is that the Death Penalty does uphold justice. According to Ed Koch, who
is a former Judge and Mayor of New York City, justice is upheld by the Death Penalty, as shown
by how many inmates are removed from Death Row by the Criminal Justice system. The main
point of the argument is that because the system exonerates people from prison or Death Row

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every year, the system is clearly working. While the argument in my opinion is flat, it does raise
a valid point as to the justice aspect of the Death Penalty. Personally, while I believe that there is
justice served by the Death Penalty, I also believe that it is too costly.
To conclude, the Death Penalty in the U.S. is a controversial topic that has both critics
and supporters. The Death Penalty has moral and financial consequences for the individual
states, and the nation as a whole. Even today thirty-one states have a Death Penalty law and have
inmates on Death Row currently awaiting execution. Nineteen other states do not. Even the
Federal Government and the U.S. Military have the Death Penalty. While the debate over
whether or not the Death Penalty uphold justice, is ethical, or even worth the costs, continues,
the sentencing of inmates to Death Row does. Personally, I have serious doubts about whether or
not the state or U.S. Government actually has the authority to deprive a U.S. citizen of their life,
which is the ultimate civil right. Furthermore, the cost alone associated with the implementation
of the Death Penalty gives me pause. I have personally worked in the Corrections field for over 9
years, and having worked in a state prison, I believe true justice for murderers would be life in
prison, without the possibility of parole. Sentencing an inmate to state prison with the knowledge
that he or she would never be free would be the ultimate punishment. States typically view the
Death Penalty as the punishment instead of the time associated with the sentence, which in turn,
forces the states to pamper the inmates on Death Row, so as to not violate their civil rights. It is
undeniable that an inmate in a single man cell, who doesnt have to worry about his own
personal safety in regards to other inmates, has it easier than an inmate serving time in an open

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population dorm. Regardless of how you feel on the topic, you should see that it is a serious
issue that requires research and a fundamental understanding of the Death Penalty entirely.
Thank you for your time.

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Works Cited
Bradbury, Michael D. "The Death Penalty Affirms the Sanctity of Life." The Death
Penalty. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2002. Opposing
Viewpoints. Opposing Viewpoints in Context. Web. 25 Oct. 2016.

Berger, Peter L. "The Death Penalty Is Cruel and Unusual Punishment." The Death
Penalty. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2002. Opposing
Viewpoints. Opposing Viewpoints in Context. Web. 26 Oct. 2016.

Costanzo, Mark, and Friends Committee on National Legislation. "The Death Penalty Is
Discriminatory." The Death Penalty. Ed. Mary E. Williams. San
Diego: Greenhaven Press, 2002. Opposing Viewpoints. Opposing Viewpoints in
Context. Web. 21 Oct. 2016.

"Death Penalty Information Center." Death Penalty Information Center. DPIC, 1 Jan.
1990. Web. 19 Nov. 2016.

Dieter, Richard C. "The Death Penalty Is Too Costly for Society." Death Penalty.
Ed. Nol Merino. Farmington Hills, MI: Greenhaven Press, 2015. Current
Controversies. Rpt. from "Testimony of Richard C. Dieter, Executive Director,

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Death Penalty Information Center." 2013. Opposing Viewpoints in Context. Web. 27

Oct. 2016.

Feingold, Russ. "Capital Punishment Should Be Temporarily Suspended." Capital

Punishment. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2005. Current
Controversies. Rpt. from "testimony before the United States Senate."
2002. Opposing Viewpoints in Context. Web. 21 Oct. 2016.

Goldberg, Jonah. "Why Death-Penalty Opponents Can't Win." National Review Online.
2011. Rpt. in Death Penalty. Ed. Nol Merino. Farmington Hills,
MI: Greenhaven Press, 2015. Current Controversies. Opposing Viewpoints in
Context. Web. 26 Oct. 2016.

Greeley, Horace. "The Death Penalty Is State-Sanctioned Murder (1872)." The Death
Penalty. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2002. Opposing
Viewpoints. Opposing Viewpoints in Context. Web. 25 Oct. 2016.

"Innocence Project." Innocence Project. N.p., n.d. Web. 26 Nov. 2016.

Johansen, Jay. "The Death Penalty Deters Crime." The Death Penalty. Ed. Mary E.
Williams. San Diego: Greenhaven Press, 2002. Opposing Viewpoints. Opposing
Viewpoints in Context. Web. 21 Oct. 2016.

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Koch, Edward. "Justice Is Served with the Death Penalty." The Death Penalty. Ed.
Jenny Cromie and Lynn M. Zott. Detroit: Greenhaven Press, 2013. Opposing
Viewpoints. Rpt. from "Why I Support the Death
Penalty."http://www.newsmax.com. 2012. Opposing Viewpoints in Context. Web. 26
Oct. 2016.

Lesniak, Raymond. "Justice Is Not Served with the Death Penalty." The Death Penalty,
edited by Jenny Cromie and Lynn M. Zott, Greenhaven Press, 2013. Opposing
Viewpoints. Opposing Viewpoints in Context. Web 26 Nov 2016

Notis, Christine, and Edward Hunter. "The Death Penalty Does Not Deter Crime." The
Death Penalty. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2002.
Opposing Viewpoints. Opposing Viewpoints in Context. Web. 21 Oct. 2016.