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Why the Death Penalty should be Abolished

The Universal Declaration of Human Rights provides that every human being has a right to life that should be inalienable. The same declaration offers that no human being should be subjected to any form of inhuman, cruel or otherwise degrading punishment. Capital punishment, constitutes a violation of human rights and should not be justified in any form. The death penalty execution, right from the incarceration of inmates on death row is torturous and violates human rights. The Capital punishment should be done away with due to its violation of human rights, the lack of evidence of its ability to reduce crime rates, and the propensity for innocent people’s conviction.

The Universal Declaration of Human Rights asserts that every human has the right to life. This right should not be conditional in the event of the charge of a crime. When administered, the death penalty does not provide correction or insanity of a crime as this would be a form of justice provision. Instead, the death penalty only serves as a form of retribution and revenge. While the death penalty is issued as a means of preventing the convicted from causing any more harm and damage to society it is argued that incarceration and other forms of punishment offered by the

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criminal justice system would be as effective. When the aspect of human rights is considered, the means through which capital punishment is administered include lethal injection, shooting or hanging. These means are cruel and subject humans to torture. At the same time, those on death row or life imprisonment are dealt with harsh treatment in prisons through solitary confinement and isolation that are more harmful to their mental health and wellbeing. The current standing by the American Civil Liberties Union is that capital punishment as a form of criminal punishment is inconsistent with the values of democratic systems and denies civil liberties. Further, punishment is a denial of the ‘due process’ on the convicted individuals who cannot seek post-appellate, post-conviction, and retroactive measures.

There is limited proof that to ascertain that the death penalty is effective as a means of deterrence. Studies suggest that some of the crimes that fit the death sentence are accidental in their happening, and motives behind some criminal activities do not potentially match the outcome of the crimes for which they are convicted (Nazario, 07:09). Ideally, a better deterrence means is needed to be more proactive in crime-fighting strategies and action inhibition.

The states that have abolished the death penalty and implemented other forms of punishment for the previously listed crimes for capital punishment are noted to have a lower crime rate than those that still have the death penalty. Simultaneously, however, the maximal forms of issued punishments are more detrimental to the inmates than the death penalty status (Washington Post, p. 1).

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The solution to the Problem

The death sentence has been a form of punishment that violates human rights. Simultaneously, the form of punishment has no real impact on crime deterrence and the overall reduction of the country’s crime rates (Sarat, p.2). An alternative to the death penalty should be a mandatory life sentence that comes with a overall possibility of reviewing the different options that come with the sentence.

How it would Work

With the offering of the life sentence with the potential for review, one is guaranteed the justice of repeal if the one is not satisfied with the court’s decision. Further, there is an overall need to monitor the mandatory life sentence’s effectiveness and the overall possibility for review on the crime rates. (Ridgeway and Casella, p.1). The measure would be a comparative aspect that would consider the crime rate before implementing the new policy.

How Long Would it Take

The implementation of the alternative approaches would require only a re-ordering of the state penal systems and later monitoring of its effectiveness over a while.

Who would be in charge of the Plan

The Plan to set up alternative sentencing would be left to the judges and attorneys of the different states to determine the sentencing’s specifics outlined by a set policy. However, the

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monitoring of the effectiveness will be done by the Corrections Department, which will also keep the data on the level of congestion in the prisons.

How will the plan help resolve the issue

The plan seeks to channel the offenders through alternative correction means while at the same time considering minor offenders for alternative supervised monitoring and rehabilitation programs without incarceration. This will help keep sentences shorter yet strict and allow for better rehabilitation.

Downsides

Some might argue that a less stringent form of punishment is expected to potentially fail due to lenient punishment laws. However, this will be accounted for and averted through a higher level of deterrence policies and crime prevention measures that would be set along with the Plan.

Conclusion

A death sentence is a form of punishment that violates basic human rights to life. At the same time, it has been noted to have no impact on crime deterrence. This why there is an overall need to do away with the death sentence and introduce other forms of punishment for crimes that would otherwise necessitate the Capital sentence.

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Works Cited

“End the death penalty.” Washington Post, 1 Jan. 2020, p. NA. Gale In Context: Opposing Viewpoints,

https://link.gale.com/apps/doc/A610210029/OVIC?u=balt47855&sid=OVIC&xid=1f29a938. Accessed 15 Nov. 2020.

Sarat, Austin. “How to Convince Americans to Abolish the Death Penalty.” Gale Opposing Viewpoints Online Collection, Gale, 2020. Gale In Context: Opposing Viewpoints,

https://link.gale.com/apps/doc/XHHNKB992394238?OVIC?u=balt47855&sid=OVIC&xid=ba0f492a. Accessed 15 Nov. 2020. Originally published as “How to Convince Americans to Abolish the Death Penalty,” The New Republic, 31 May 2019.

Nazario, Ismael. What I Learned as A Kid in Jail." Ted.com. N.p., 2015. Web. 5 Nov. 2020.https://www.ted.com/talks/ismael_nazario_what_i_learned_as_a_kid_in_jail?utm_campaign=tedspread&utm_medium=referral&utm_source=tedcomshare.

Ridgeway, James, and Jean Casella. “What death penalty opponents don’t get.” Marshall Project (2014).www.themarshallproject.org/2014/11/30/what-death-penalty-opponents-don-t-get#.ow0tkt6aS.