The Death Penalty is Killing Me
The death penalty has existed ever since humans have formed a coherent society. And over time, it’s supposedly been refined to be more perfect. More safe, less painful, more consistent, more humane.
Despite the numerous “improvements” over the years, the death penalty still faces the same issues on ethics of a socially acceptable murder. Despite the death penalty consisting of 0.1% of prison sentences in the US, capital punishment accounts for 12% of all exonerations. Despite your stance on the death penalty, it has and will continue to be a flawed system. And despite your opinion on the current state of the US, our criminal justice system is undoubtedly outdated - every other similar country has outpaced our policies over the years, modernizing a neglected institution through either reform or abolition.
“Refinement”
The death penalty is only served to crimes like murder, terrorism, or similar-caliber offenses. Yet this list not only continues to shorten, but also has lost accuracy over time. This is directly resulting from limitations from the federal courts; following the landmark case Kennedy v. Louisiana in 2008, 70% less people were convicted and given the death penalty.
In said case, Defendant Kennedy was rightfully convicted for child rape and given the death penalty due to both the severity of the case and the circumstances. With a narrow majority, the Supreme Court held 5-4 that capital punishment could not be given to child rape cases, since it would fall under “cruel and unusual punishment” stated in the Eighth Amendment. As a result, other states began lowering the punishments of similar-level crimes, like treason, kidnapping, and espionage. This moderate approach to sentencing only serves to further encourage such predatory behaviors, especially for severe crimes such as rape, assault, or murder.
While this initially may seen like a positive, this decrease in sentencing only serves to benefit the perpetrator in rape cases, which on average is 178 months in prison—a mere 14 years for a crime that permanently scars one's life, especially at a young age. And with these shorter sentences comes no change in crime rates: the numbers have been dormant since 2005, according to Pew Research Center.
Modern Cases
More recently, there’s been a multitude of cases that have been in limbo. Back in October of 2024, Robert Roberson narrowly avoided execution for a murder which has been disproved over the past twenty years he’s spent in prison. Despite countless pieces of new evidence, misleading testimony that could constitute a mistrial, and health conditions improperly taken into account, the Texan courts still are fighting to subdue him for a crime they can’t conclusively prove happened. It gained support not only from the officers who originally had prosecuted him back in 2003, but also by the doctor who pioneered the idea of SBS, the alleged cause of murder. Currently, he’s alive due to a last-minute stay on his execution, but his case still hasn’t been dismissed by the courts.
There’s also the case of Robin Myers, who was granted clemency on February 28th by the Governor of Alabama herself. In Governor Ivey’s words, the case had “enough questions about [his] guilt” and even she wasn’t convinced of the states’ work. In this case, the damning evidence provided by the state was never proven to be tied to him; instead, his case was rushed forward to death row for closure on the murder, where he has sat waiting for the past thirty years.
Death row is meant to be a way to serve justice. It’s a solution to the most severe of issues, yet is treated so casually in modern times, and ignored in modern culture despite the flaws exposed by Robert Roberson and Robin Myers’ cases.
What needs to go?
The death penalty is failing to do what it was created to do, and with the number of problems it holds right now, is in dire need of change. And this is the largest issue with the criminal courts: the lack of reform. The world is constantly changing. And especially with the death penalty, the most severe punishment used in first world countries, there is a clear need for an overhaul of the system.
There’s two main feasible options for what should become of the death penalty—either it stays or goes. And there’s plenty of reasoning for both.
Keeping the Death Penalty
If we choose to redefine what parameters constitute a case eligible for the death penalty, then we also need to consider how we move forward with such cases. The improper work in law and crime is only the result of bias, pride, and negligence. And when they meet in the middle, we end up with over 200 people wrongfully convicted to the death penalty over the past half century alone.
The solution is incredibly simple: a more extensive, less prideful system. For a punishment as severe as the death penalty, it is all-too easy for any error to occur. Cases such as Roberson v State of Texas and Myers v State of Alabama needed some sort of further verification before their sentencing, a necessary step for such a conviction. A shorter, secondary trial before execution would allow for additional confirmation of the sentencing, all under alternative circumstances to decrease the chance of mistrial.
This route is best highlighted by similarly-developed Japan. Not only are the executions reviewed by a Minister of Justice, which improves the verification of the death penalty due to their lack of involvement with either side, but also contains further criteria on which cases meet the bar for capital punishment, a list of nine different aspects held in question by the court. Alternatively, the United States’ Attorney General Pam Bondi has only furthered American support for capital punishment with the calling for the execution of Luigi Mangione. We shouldn’t be rushing to execute anyone - especially if they haven’t been proven guilty in the court of law. Following Japanese practices would allow for the same hard line ideas as before while also ensuring the process is better checked.
Removing the Death Penalty
There are plenty of issues with the death penalty. As of 2025, 85 countries have abolished the death penalty entirely, citing issues with permanence and morality.
For one, it’s a permanent solution to a problem. If there’s someone who was falsely accused of a crime, then if evidence comes about after their execution, the ruling is unable to be overturned. This is why a majority of said countries have replaced execution with life sentences or other forms of justice. Murdering another human, regardless of who they are, is also considered immoral to people across the globe. Especially amongst traditional Christians or Buddhists, the death penalty is a violation of the sanctity of human life, preached for in Christianity, and still is an act of violence, something strictly prohibited in Buddhist culture. Seeing that this makes up roughly 40% of the world, the death penalty should be a clear violation of religious beliefs stemming from their scriptures.
Final Thoughts
It is without a doubt that the death penalty has flaws. Whether you think the system needs an overhaul or abolishment, the best avenue of instigating change is through organizations like the Innocence Project or Amnesty International, two groups that aim to revise the death penalty from both a social and legal standpoint. Keeping up with modern cases helps shed light on this neglected institution and enables further action and reform.
Ian Hsu contributed to this article. Published 8 April 2025.
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