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Death Penalty
Unfair or Acceptable Punishment
Taylor Leszczynski
CJ2799

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Abstract
Capital punishment is one of the mostly argued cases in America to this day; the biggest
debate is whether or not the death penalty is an acceptable punishment. Capital
punishment is the legally authorized killing of someone as punishment for a crime.
Through the course of this paper going through the history method and reasons behind
the death penalty it will without a doubt prove the death penalty is acceptable and is in
no way unreasonable punishment. Not only will it prove the death penalty is
acceptable it will prove what new methods and older methods will continue to thrive
in this industry as long as it is still available in the last 27 states.
Keywords: Capital Punishment, 8th Amendment, (theory) Eye for an Eye…

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Death Penalty- Unfair or Acceptable Punishment
Capital punishment normally known as the death penalty is the legally
authorized killing of someone as punishment for a crime. The Death Penalty has been
one of the most debated topics since it first became a social norm. It is a daily argument
to prove or disprove whether or not the death penalty is a cruel and unusual
punishment which would then go against the eighth amendment. The Death penalty is
an acceptable punishment, while going through the history, different methods, and
options for the future concerning the death penalty there will be no further doubt to
whether it is acceptable or not. “I will admit, like Socrates and Aristotle and Plato and
some other philosophers, that there are instances where the death penalty would seem
appropriate.” (Kevorkian, 2013)
History of the Death Penalty
The death penalty has been around hundreds of years but when did it really
start, “The first established death penalty laws date as far back as the Eighteenth
Century B.C. in the Code of King Hammurabi of Babylon, which codified the death
penalty for 25 different crimes.” (Unknown, 2013) In the Fourteenth Century B.C the
death penalty was also added into the Hittite Code, and later in the Seventh Century
B.C.'s Draconian Code of Athens. Many culture have dealt with the death penalty and
made us of the ultimate punishment for many different crimes. In the Eleventh Century
A.D. William the Conqueror will not allow persons to be hanged except in cases of

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murder. This caused the Death Penalty to change into a one crime punishment system;
so that only if your murdered another would you have your life taken away. During the
time of the Tenth Century hanging was the usually method of death; soon after it was
declared that the death penalty could only be used in times of war which was very
short lived. Under the reign of Henry VIII it was lead to believe up to almost a quarter
of a million people were killed by execution. “Some common methods of execution at
that time were boiling, burning at the stake, hanging, beheading, and drawing and
quartering.” Executions were carried out for many capital offenses for such capital
offenses as marrying a Jew, not confessing to a crime, and treason among many other
things such as murder of another person. In the years to come there would be over 222
crimes that would have you executed such as cutting down a tree. This ended up
leading to a reform of the British Death Penalty elimination of a 100 crimes that would
cause someone to be executed.
When the death penalty first came to America is was greatly influenced by the
British; it was they in fact that brought the principle to America soil but at that time it
was called the New World. “The first recorded execution in the new colonies was that
of Captain George Kendall in the Jamestown colony of Virginia in 1608.” (Unknown,
2013) Each colony in the New World have different versions of the death penalty some
colonies didn’t even have capital punishment for decades. In 1767 Cesare Beccaria
wrote essay, On Crimes and Punishment, theorizing that there is no justification for the
state to take a life this cause the United States abolitionist movement to begin. Abolition

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is the action or an act of abolishing a system, practice, or institution similar to
abolishment. The abolishment is still ongoing in this day an age when the people who
loudly and continuously go against the belief of capital punishment; whether it is
considered a sin or just immoral the argument is and will continue on whether or not
the death penalty is good or bad.
“In 1846, Michigan became the first state to abolish the death penalty for all
crimes except treason. Later, Rhode Island and Wisconsin abolished the death penalty
for all crimes.” (Unknown, 2013) Though many states soon after followed suit many still
continued to use the death penalty to this day, “Capital punishment is legal in 32 U.S.
states with Approximately 3,095 inmates,” in 35 states awaiting execution. (Library,
2014) The laws have changed over the course of history for the death penalty, where it
concerned age, type of death, or what do with those on death row when the state has
abolished the death penalty it still carries a very strong hold on the government and
will not be leaving very soon.
In the early in 1900 hundreds the death penalty more highly regarded with the
rise of World War I and during the prohibition. Because of the commotion this caused
six states that has previously removed the death penalty brought it back by 1920. “In
1924, the use of cyanide gas was introduced, as Nevada sought a more humane way of
executing its inmates.” (unknown, Early and Mid-Twentieth Century, 2012) From the
1920s to the 1940s, there was a resurgence in the use of the death penalty. This was
mainly due to new opinions of the criminologist, who stated that the death penalty was

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a need requirement and should be a social norm. “There were more executions in the
1930s than in any other decade in American history, an average of 167 per year.”
(unknown, Early and Mid-Twentieth Century, 2012) When the Prohibition, Great
Depression and the World Wars came to end so did the massive death penalty murders.
After the baby boom hit the death penalty was limited and almost about abolished like
so many others countries had done previously. It continues to decrease yearly due to
funding.
After World War II a United Nation statement ‘the Right to Life,’ became the
new motto for life across the nation. The United Nations shifted its focus to limiting the
scope of the death penalty to protect juveniles, pregnant women, and the elderly.
Working eventually to abolish the death penalty completely in the later years. Because
of this and many other petition most countries abolished the death penalty except for
Western Europe and America who continued using it but was a many more limitations
then before. “In 1977, the United States Supreme Court held in Coker v. Georgia (433
U.S. 584) that the death penalty is an unconstitutional punishment for the rape of an
adult woman when the victim was not killed.” (unknown, Limiting the Death Penalty,
2010) Many other limitations involved Mental Illness and Intellectual Disability, race,
and juveniles. In April 1999, the United Nations Human Rights Commission passed the
Resolution Supporting Worldwide Moratorium on Executions. This caused many
countries that have not yet to abolish the death penalty to limit it to the absolute bare
minimum of punishment.

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Different forms of the Death Penalty
Through history there have different techniques as well has procedures for how
someone on death row is forced to die. Each culture has had a very colorful past
concerning death such as the guillotine or the hang man’s noose; but as of recent people
have instead tried to find the most painless ways possible to die, why is that? Many
have considered the death penalty to be the ultimate punishment, and well deserving
for criminals that have broken the law to the point of insanity. Through history different
methods have been made to make the punishment more humane and more fitting for
the United Nations Human Right to Life laws. Before the 8th amendment was created
the death penalty was very different from what we know today. The death penalty was
originally started in the 1700’s when the Code of Hammurabi was created and listed the
25 charges with the punishment of the Death Penalty, ironically enough murder wasn’t
one of the 25 charges. Years later the Death penalty was brought to America by the
British in there hast to control the new world, this in suit made America’s future death
penalty system similar to the British.
"To most constitutional lawyers there seems little doubt that the Founding
Fathers intended to allow for the death penalty in drawing up the US Constitution of
1787. Not only did certain provisions of the Constitution - such as the Fifth Amendment
- expressly allow for the taking of life, but others - such as the Eighth Amendment -
were deliberately phrased in ambiguous ways that suggested even if certain forms of
punishment could be banned (such as crucifixions or beheadings) the basic principle of

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government executions remained permissible if individual states and the federal
government wished to legislate for these." (Joshua Marquis, 2004) The five most
Common methods used in the United States for the death penalty are: hanging, gas
chamber, firing squad, electric chair, and lethal injection.
In old movies and books a favorite form of the death penalty to show for
entertainment was the hanging. “For execution by this method, the inmate may be
weighed the day before the execution, and a rehearsal is done using a sandbag of the
same weight as the prisoner. This is to determine the length of 'drop' necessary to
ensure a quick death.” (Philan, 2012) The method of hanging the actual person was very
simple a man or women would stand on trap door with at least 3 to 5ft drop below; a
rope would be tied around a person neck in a noose knot style. After being read charges
of the defendant a lever would be released and the trap door will be opened causing the
defendant to fall through the hole; causing the defendants neck to break and or
suffocate. “Hanging is the oldest method of execution in the United States, but fell into
disfavor in the 20th century after many botched attempts.” (Pent, 2013) Since 1977 there
have only been 3 executions by the hanging method when the electrocution method
came about the hanging method was kicked to the curb. Only 3 states still offer this
method: Delaware, New Hampshire, and Washington, currently authorize hanging as a
method of execution, all as an alternative to lethal injection. The most recent hanging in
the United States was “Billy Bailey elected Hanging in Delaware on January 25, 1996.”
(Pent, 2013) The Hanging hasn’t been used in almost 10 years and probably won’t be

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used again in the next coming years unless the lethal injection method would no longer
be available as a Death Penalty method of execution.
Soon after the hanging method started to dwindle the firing squad method was
created. Never very popular this method caused six random trained executioners to
shot a defendant for a quick but not so painful of death method. “Shooting can be
carried out by a single executioner who fires from short range at the back of the head or
neck as in China. The traditional firing squad is made up of three to six shooters per
prisoner who stand or kneel opposite the condemned who is usually tied to a chair or to
a stake. Normally the shooters aim at the chest, since this is easier to hit than the head,
causing rupture of the heart, great vessels, and lungs so that the condemned person dies
of hemorrhage and shock. It is not unusual for the officer in charge to have to give the
prisoner a pistol shot to the head to finish them off after the initial volley has failed to
kill them.” (Philan, 2012) This method was most commonly used in Utah, only 3 states
continuously use it to this day: Idaho, Oklahoma, and Utah and an exempt from lethal
injection. The most recent execution by this method was that of John Albert Taylor on
January 26, 1996 on his one choosing. There have only been two uses of the firing squad
since 1977, both of these executions were used in Utah. Currently the states of Utah is
trying to bring back its popularity and used the firing squad and the official death
penalty method in Utah.
The Gas Chamber is next on the list, it was first introduced in Nevada, and soon
swept the nation for most common death penalty execution method. “The use of a gas

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chamber for execution was inspired by the use of poisonous gas in World War I, as well
as the popularity of the gas oven as a means of suicide.” (Philan, 2012) The first
execution to use was in Nevada in 1924, since then it’s been used 31 times on inmates.
The process of how the gas chamber worked was simple a person would be restrained
in a chair in a metal sealed chamber and pellets of gas would be set on the floor. When
the gas chamber was completely sealed the pellets would release lethal gas and quickly
make the person unconscious before killing them; when a person was pronounced dead
they would clear out the chamber of lethal gas before retrieving the body. Only 4 states,
Arizona, California, Missouri, and Wyoming, currently authorize lethal gas as a method
of execution. The last execution that made use of the gas chamber was Walter LeGrand
elected Lethal Gas in Arizona on March 3, 1999. There have only been 11 cases of lethal
gas out of the 1,099 death penalty execution deaths less than 1% of the deaths.
The electric chair was one of the most interesting forms of execution, it was
almost one of the biggest failures when it came to the eighth amendment. “The most
common problems encountered include burning of varying degrees to parts of the
body, and a failure of the procedures to cause death without repeated shocks. Witness
accounts of many botched executions over the years have caused electrocution to be
replaced with lethal injection as the most common method of execution.” It was
common for men and women to be restrained into a wooden chair, then a wet sponge
was place on their head before being cover with a metal cap that would have electric
currents run through it into the persons head. When the switch is flipped the electric

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currents runs through to the sponge focusing mostly at the top of the head killing you
quickly. But there have been cases were people have survived being electrocuted and
had to put out of their misery with 3rd degree burns. The execution control panel is
activated. The automatic cycle begins with the programmed 2,300 volts (9.5 amps) for
eight seconds, followed by 1,000 volts (4 amps) for 22 seconds, followed by 2,300 volts
(9.5 amps) for eight seconds. When the cycle is complete, the equipment is disconnected
and the manual circuit behind the chair is disengaged. If the offender is not pronounced
dead, the execution cycle is then repeated. This issue became inhumane when it was
shown many people do indeed survive and are given a tortuous death completely
against the 8th amendment. “In 1888, New York became the first state to adopt
electrocution as its method of execution. William Kemmler was the first man executed
by electrocution in 1890. From 1930-1980 it was clearly the most common method of
execution in the United States.” (Philan, 2012) Only Nebraska currently uses
electrocution as the sole method of execution. 9 other states provide for electrocution as
an alternative method, depending upon the choice of the inmate, the date of the
execution or sentence, or the possibility of the method being held unconstitutional. “As
of April 1, 2008, 154 of 1,099 (14.0%) executions performed since 1976 have been by
electrocution. Most recently, Daryl Holton elected electrocution in Tennessee on
September 12, 2007.” (Philan, 2012) This method is one of the most controversial
methods of execution in the American History books.

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Lethal injection to this day the most common form of execution in the United
States of America. It is considered one of the most humane ways to die on death row
and has work effectively for generations. In 1977, Oklahoma became the first state to
adopt lethal injection as a means of execution, though it would be five more years until
Charles Brooks would become the first person executed by lethal injection in Texas on
December 2, 1982. Today, 35 of the 36 states that have the death penalty use this
method. When this method is used, the condemned person is usually bound to a
gurney and a member of the execution team positions several heart monitors on this
skin. Two needles (one is a back-up) are then inserted into usable veins, usually in the
inmate’s arms. Long tubes connect the needle through a hole in a cement block wall to
several intravenous drips. The first is a harmless saline solution that is started
immediately. Then, at the warden's signal, a curtain is raised exposing the inmate to the
witnesses in an adjoining room. Then, the inmate is injected with sodium thiopental - an
anesthetic, which puts the inmate to sleep. Next flows pavulon or pancuronium
bromide, which paralyzes the entire muscle system and stops the inmate's breathing.
Finally, the flow of potassium chloride stops the heart. Death results from anesthetic
overdose and respiratory and cardiac arrest while the condemned person is
unconscious. This method though does not have doctor’s over seeing or participating in
the procedure and can cause medical problems if performed wrong. “As of April 1,
2008, 929 (85%) of 1,099 executions performed since 1976 have been by lethal injection,
including 443 of the last 448 executions.” This method will continue to stay the normal
method of execution until the drugs used to kill becomes unavailable.

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Death Penalty the Acceptable Form of Punishment
We all remember the Oklahoma City Bombing and its Bomber Timothy
McVeigh, he was executed June 11, 2001 to lethal injection in Oklahoma City,
Oklahoma. (Linder, 2006) This man brutally killed over 168 victims most of them
children at a day care center. This man would still be alive today only living in jail with
3 meals okay, free rent and food until the ripe old age 70 to 90’s years old. This man is
an example of why the death penalty is needed this man doesn’t deserve to live when
he destroyed countless families in one bad decision that he deemed necessary. He was
on death row for six years tormenting families across the nation before finally asking to
be put to death as his final smirk to the government. Timothy cared about nothing but
himself he didn’t deserve a soft punishment for his crime many people got their wish
that June night.
Most death penalty cases involve the execution of murderers although capital
punishment can also be applied for treason, espionage, and other crimes. People who
are for the death penalty state that: “Proponents of the death penalty say it is an
important tool for preserving law and order, deters crime, and costs less than life
imprisonment. They argue that retribution or "an eye for an eye" honors the victim,
helps console grieving families, and ensures that the perpetrators of heinous crimes
never have an opportunity to cause future tragedy.” (proc, 2014) The death penalty is
for the victims that live with the tragedy for the repercussion of ones actions. Years in
jail with so many benefits never having to do anything for the rest of their life is not a

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punishment it is a privileges. For people who commit heinous crimes it is not nor will it
ever be enough. They choice to commit their crimes fully knowing the consequences it
is within our right to punish them justly.
Conclusion
Throughout history we have seen the capital punishment in use for crimes that were
ridiculous and were even for murder. For hundred or years the death penalty has proven
effective time and time again. It has but hundreds of well deserving people to death such as Ted
Bundy, the Oklahoma City Bomber, this is the one sure fired way to get rid of these people
without repercussions or guilty conscious. Thirty five states still to this day use the Death
Penalty and will continue to use it for years to come from crimes such as murder and treason.
The death penalty is needed to keep the peace and to show there is repercussion no matter what
the crime there will be a punishment deserving of it.
“I will admit, like Socrates and Aristotle and Plato and some other philosophers, that
there are instances where the death penalty would seem appropriate.” ~Jack Kevorkian
“You know, the Bible is so clear. Go to Genesis chapter nine and you will find the death
penalty clearly stated in Genesis chapter nine... God ordains the death penalty!” ~Rafael Cruz

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Bibliography
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http://www.cnn.com/2013/07/19/us/death-penalty-fast-facts/
Linder, D. O. (2006,September). The Oklahoma City Bombing & The Trial of Timothy McVeigh.
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