An Eye For An Eye: Is It Time To Do Away With the Death Penalty?

The death penalty is one of the top most hotly debated topics in America. It’s discussed in law school, seminary, medical school as apart of medical ethics. It was discussed in my jurisprudence and philosophy classes while pursuing my undergraduate degree. The validity of the death penalty is just as likely to be discussed in a bar among friends as it is at home. 64% of Americans support it while 80% acknowledge a risk of executing someone innocent and 63% say that it doesn’t deter serious crimes.

Republicans and conservatives are more likely to support the death penalty than Democrats and liberals/progressives. 62% of those claiming a religious affiliation also support it, especially Protestants (66%) and among 75% of White evangelicals. 57% of Black Protestants favor the death penalty even thought the majority of those on death row are Black. 58% of Catholics also favor the death penalty, including 61% of Catholic Hispanics.

Oddly, almost more Atheists oppose the death penalty as Protestants who favor it (65% vs 66%). 57% of agnostics oppose the death penalty while those who affiliate with no religious faith at all are more apt to support it than oppose it by 63% to 37%.

Before we get into a discussion about the death penalty, I want to make it clear that I’m not an attorney, nor am I offering any legal advice. What follows is my personal opinions based on well-established sources and data which are linked below. Some of the information may vary by state. If you’re seeking legal advice, I recommend seeking out a licensed lawyer.

When it comes to the death penalty, as of 2025, it’s on the books of 55 countries. 144 others have abolished it (the latest of which being Sierra Leone and Kazakhstan).  Among those nations which still use death penalty are China, Iran, Egypt, Japan, Saudi Arabia, and South Korea, though rare. In fact, a prisoner in South Korea is more likely to die from old age or illness. As of 2021, there were 60 individuals on their death row. Iran regularly executes gays and trans, women who refuse forced marriages, those attempting to educate women, and anyone else opposed to their brand of Shira law. 

In the United States, 23 states have done away with it, with Virginia being the most recent state to do so. Texas holds the dubious distinction of having carried out the most executions, 523, followed by Oklahoma with 116. It’s worth nothing the Virginia was third with 113. Still, that means that 27 states still use the death penalty, in addition to the federal government, which still uses it under certain circumstances.

It also bears mentioning that the United States has the highest incarceration of any nation in the world with a rate of 629 per 100,000 individuals or roughly about two million men and women behind bars. That’s more than Russia (which has suspended its death penalty), China, or Iran. Of those two million, 2,463 are currently on death row.

42% of those on death row are White, which is proportional with the overall prison population. 40% are Black and about 15% are Hispanics. Asians make up just 1.8%. Their average is about 54 years old. Most have been waiting for the sentence to be carried out for between 19 and 24 years.  The number one reason to land on death row? Premediated murder involving aggravated circumstances such as kidnapping, rape, or the use of a firearm.

Since 1976, there have been five forms of capital punishment carried out. The majority are done by lethal injection with a great deal of care taken to ensure that the injection is as painless as possible and every step is taken to ensure the prisoner’s anxiety is kept to a minimum (such as the use of valium, nitrous oxide, numbing solution at the injection site, dimming the lights, and blocking the injection itself from view).

The electric chair (once billed as being the most “humane”) is still used in some states, along with the gas chamber. Kentucky, Oklahoma, Florida, Arkansas, Alabama, South Carolina, and Tennessee are among those state which carry out executions. Gas is still used in seven states. Among them are Wyoming, Missouri, Arizona, and Alabama.  Nitrogen gas is the most commonly used although Alabama and Louisiana have opted for nitrogen hypoxia as an alternative to lethal injection.

Hanging and a firing squad are (surprisingly) still used in executions. As of 2018, only New Hampshire still allows hanging. Note that while New Hampshire did away with capital punishment in 2009, those on death row at the time were excluded. Washington State abolished hanging as recently as 2018.

As for the firing squad, Utah has used it most often. The last time was 2010. However, the firing squad is on the books in South Carolina, Oklahoma, and Mississippi. The victim is typically hooded and strapped to a chair. The shooters, approximately three to five,  are given rifles which randomly carry live or blank rounds so no one knows whether they fired the fatal shot and are positioned between 15 and 20 feet away. Their identity is protected, with the shooters firing from behind a wall or curtain. The bullets are specially designed to fragment and cause maximum injury (duh). 

It bears mentioning that there has been historically around 166 individuals executed in the United States whose, subsequent deaths to their death, have proven to have been innocent. So, it is still worth it? The alternative is life in prison and thus forcing the public to provide for their upkeep, including medical care, which can be in the tens of thousands of dollars (if not more in some circumstances).

In case you’re wondering, for someone to be sentenced to death, they must first be convicted of an especially heinous crime, which usually involves the planning and intentional murder of someone. Quite often, there are secondary crimes, often just as horrendous, involved.

The individual must be convicted unanimously by a jury. The usual criteria is that their guilt must be “beyond all reasonable doubt”. That is, there can be absolutely no question that they are guilty of the crime(s) for which they are charged. If, on the other hand, they are found guilty but based only on the preponderance of the evidence (meaning the insufficient weight of the evidence, leaving the possibility of some doubt) or if the verdict is not unanimous, the death penalty is no longer an option.  

In addition, the death penalty must also be on the table, that is, the option was made available to them by the presiding judge. Lastly, the judge must also agree with the jury’s decision. In many jurisdictions, an appeal or review is automatically granted to insure that the defendant’s rights were properly and adequately protected.  Otherwise, the defendant’s attorney will typically file upon the request of their client.

 While primarily an administrative procedure,  this is often when we hear of “new evidence” or witnesses suddenly coming to light for some reason. If it’s compelling enough to have a direct impact the case, a new trial could be granted or reexamining proposed sentencing and potentially modified (generally speaking, the sentence may only be reduced downward).  

Nevertheless, the defendant is still afforded another bite at the proverbial “I’m innocent” apple. In fact, they have virtually unlimited bites at the apple, and all at the taxpayer’s expense, which brings us to the first issue. Should someone convicted of a crime and sentenced to death, be afforded an unlimited number of appeals? Some are emphatically say “no”. They believe that an individual should have a set number of appeals or at least a cut off date (although new evidence can be introduced by their attorney at any time).

 What do you think? Should someone on death row be capped in the number of appeals they can file, at least on the taxpayer’s dime? Some argue that they’re simply trying to delay the inevitable (which is likely quite true. Who wouldn’t? After all, even the most hardcore criminal isn’t in any hurry to die). But, how long or for how much of our tax dollars should you and I be on the hook for? You would think that after the, let's say, tenth failed attempt it’s unlikely anything is going to change. But then, we’re also talking about a human life here (even though they've allegedly already deprived someone else of theirs).

There have been some pretty convincing arguments about the use of certain drugs like Sodium Pentothal, Sodium Amytal, or Scopolamine (so-called “truth serums”) which suppresses the nervous system and reduces one’s inhibitions which encourages them to talk more openly without filters. Should these be employed? 

These drugs could be used under the supervision and direction of a license psychologist. Naturally, their attorney would be present along with the prosecuting attorney and other witnesses with very specific questions. The session would obviously be recorded for future reference. What could go wrong?

Well, in theory, this would benefit all parties concerned, especially those who insist they’re innocent despite a preponderance of evidence against them for instance.  It would allow both sides to question the defendant about the crime and perhaps helps the police to redirect their investigation while allowing the District Attorney to focus their attention elsewhere.

Ideally, the DA could offer one of the drugs in exchange for a reduced sentence, a dropping the possibility of a death sentence, or even a dismissal of the charges. At that time the defendant can alter their previous statement before proceeding. But, if it is revealed that they were lying, there’s no going back. They can’t suddenly decide afterwards to come clean or try and make a deal. It’s a one time offer only. Maybe the threat (or promise) of a truth serum would be incentive enough to get to bottom of what they know. 

However, the main problem is that while under the influence of one of these “truth serums”, an individual becomes highly susceptible to suggestion, false memories, and unless new actionable details are revealed, their statements are difficult to verify. Nevertheless, it would seem that if you’re truly innocent, it would be worth the risk as well as time and would save a lot of time.  

 In addition, the U.S. Supreme Court ruled in 1963 (“Townsend vs. Satin”) that the use of truth serums were unconstitutional since they could be used to self-incriminate, despite that fact that the CIA, the nation’s top spy agency, made use of these (and other) types of drugs through, at least the 1970’s. I wouldn’t doubt that thanks to the Patriot Act and FISA courts, they aren’t still used in one form or another.

Given the current selection of execution methods being used, which many call unethical and inhumane, what if there was another choice made available? What if the defendant was offered a deal like this---they agree to five or some other fixed number of taxpayer based appeals and no more. It would save huge amounts of taxpayer money and reduce wasted court time (courts are already highly congested). 

Then, in exchange for dropping the possibility of lethal injection, the gas chamber, or “Old Sparky” and the long wait on death row, they agree to a life sentence in isolation with no further contact with anyone except their lawyer, the prison doctor and a single guard to check up on them and bring them their meals, etc. However, there can be no conversations. Unlike being in the "hole" where the prisoner is thrown into small cell with no light or anything else, the prisoner would be permitted books, TV, magazines, and receive some limited outside time (again, in isolation) but nothing else.  

It sounds cruel, and I suppose in some ways, it is. As far as society would be concerned, they’re dead as if the execution had been carried out. It wouldn't prevent others from attempting to find evidence on their behalf.  The chief downside is that some would consider it to be  “cruel and unusual”, but then if they’re  willingly agreed to, is it? Currently, the average inmate spends just shy of 20 years on death row awaiting their sentence to be carried out. Talk about the “Sword of Damocles” hanging over your head!

Also unlike the "hole", the prisoner can opt out at any time and agree to an execution within 24 hours. Another variation on this idea would be to execute prisoners on death row within five or so years of their convictions absent any new evidence.  As it is, many die of old age or some illness while waiting to be executed. How fair is that, especially the prisoner?  To me, lingering for 20+ years would be “cruel and unusual” punishment.

Finally, the alternative would be do away with the death penalty altogether. After all, we are the only nation in the Americas still using the death penalty and one of the very few major industrial nations to use it. What if their sentences are converted to life in solitary confinement as suggested above or would it be better that they just spend their life in prison without any restrictions while we continue to pick up the tab?

It should be noted that studies have shown that sentencing someone to death is significantly more expensive than being sentenced to life. In Maryland, a single death sentence case can costs as much as $3 million dollars. In Texas, a death sentence case can be as much as three times that of a life sentence, and so on. What do you think? Should we, in the 21^st Century, still be using a death penalty? Do you think it’s fair or just?

Finally, just as a reminder, although I do have around 25 years of legal experience as the senior legal manager for a receivables firm, I am not an attorney and I’m certainly not offering legal advice. I’m just providing my opinion based on existing data and history. However, there’s no question that our legal system needs serious reforming, and there’s no better place to start than with death row. The lost of 166 innocent lives in 166 lives too many.

 

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Death Row Overview

Hanging Legal States 2025

Execution by firing squad

 

Death Penalty Cost

Kentucky Government: Notes on the Costs of Death Penalty

Death Penalty Information Center: Costs

 

Pew Research: 10 facts about the death penalty in the U.S.