Ana Garcia

October 23 2014
English 2010-035
Monday &Wednesday
Professor Fish
Paper 3
Is the Death Penalty Humane?
The death penalty has been a capital punishment for many years. A lot of countries have
had issues when it comes to deciding whether the death penalty is an appropriate punishment for
serious crimes such as genocide. In the 1950s, capital punishment was not seen as a violation of
human rights.1 Each criminal was sentenced to death penalty by proper due process of law.2 The
death penalty is humane because of the effectiveness of due process laws, and the proper
administration of the death penalty procedure.
When an investigation is taking place to prove someone is guilty, the individual being
charged of possibly committing a crime is given a fair trial. By law, it is required to have an
investigation where the accused is investigated, all their rights are still protected and according to
the due process of law, everyone is given a fair chance. The system of due process of law is very
effective, and has been used to determine criminals from innocent people for a very long time.
Even though this system is very effective, it is not realistic to say that it is always correct. Death
penalty has been improved over time as Lynch Mona states, Capital punishment in western

Grant, Stefanie. "A Dialogue of the Deaf? New International Attitudes and the Death Penalty in
America."Criminal Justice Ethics 17, no. 2 para 2. (Fall98 1998): 19. Academic Search Premier,
EBSCOhost (accessed October 23, 2014). The death penalty was determined by proper due process in
which the rights of the accused were honored.
http://web.a.ebscohost.com.dbprox.slcc.edu/ehost/detail/detail?sid=659d4991-d6b7-462d-b9b4f8808798473d%40sessionmgr4001&vid=5&hid=4107&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#d
b=aph&AN=1785325
2
West's Encyclopedia of American Law, edition 2. S.v. "Due Process of Law." Retrieved October 23 2014
from http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law
Fair treatment in a court of law during trial.

states has been progressively cleaned up and made civilized.3 There may be in some occasion
when a witness lie which could compromise the judges decision to determine the individual
innocent or guilty. For the most part, people have the dignity to be honest when they swear under
oath. Trials can take from months to years, one reason is because the court wants to make sure all
evidence is presented.
When a prisoner is going to be executed there are many different paths to go. Many of
those paths are still legal. The different ways to be executed include: lethal injection,
electrocution, gas chamber, firing squad and hanging.4 Out of all these different ways to be
executed, one was picked and used. If it wasnt effective, they would usually have a backup
execution method. Having a backup execution method is not the only way to prepare for an
execution. In some occasions, they must also have at least one doctor present, for example, when
lethal injections are given5. After the execution, the doctors actually check on the individual
being executed to make sure he was dead and therefore pronounce him dead. In a survey done by
the American College of Physicians state that, 19% said they would be willing to actually give
the lethal injection and 36% said they would be willing to pronounce the prisoner dead.6
Looking at things from a different perspective, many anti-death penalty individuals
believe that capital punishment, such as death penalty, is a violation of our universal rights.7 In
the United States of America, all citizens are promised the right of life, liberty, and property. The
3

Lynch, Mona. "Capital punishment as moral imperative: Pro-death-penalty discourse on the Internet."
Punishment & Society 4, no. 2 (April 2002): 213. Academic Search Premier, EBSCOhost (accessed
November 12, 2014). http://pun.sagepub.com/content/4/2/213.full.pdf+html
4

Amsterdam, Anthony G. "Descriptions of Execution Methods." DPIC. Accessed October 23, 2014.

http://www.deathpenaltyinfo.org/descriptions-execution-methods
5

"Summaries for patients. Doctors' willingness to participate in the death penalty." Annals Of Internal
Medicine 135, no. 10 (November 20, 2001): I-36. Academic Search Premier, EBSCOhost (accessed
October 27, 2014).
6
"Summaries for patients. Doctors' willingness to participate in the death penalty." Annals Of Internal
Medicine 135, no. 10 (November 20, 2001): I-36. Academic Search Premier, EBSCOhost (accessed
October 27, 2014). http://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=de21aa59-8c8d-477a9fb6-fde62528523f%40sessionmgr4005&vid=4&hid=4104
7
By universal rights I mean the rights understood by almost anyone to be protected by all government.

death penalty is inhumane, because of its legal limitations of finding the innocent guilty, it can be
considered a torture, and because it forcing physicians to act against the Hippocratic Oath.
There have been many cases in which innocent people have been imprisoned for the
crimes of others. Innocent people should not be sent to pay for the crimes of others let alone die
for the mistakes of others. When innocent people are put on death row, their rights of life, liberty
and property are taken away. Violation of our natural rights is taking place in these situations
like this.
Many times the amount of money the individual may have the better their chances of not
being sentenced to the death penalty, because of the quality of defense that person can afford. An
example of this is OJ Simpsons case, he was able to afford a whole defense team which
included attorneys specialized in DNA evidence which was the main evidence that court had
against him.8 Even if at times our system of due process of the law puts away criminals, there
can also be mistakes in which innocent men and women are sentenced to pay for a crime they did
not commit. There are also times when the eyewitness testifies against innocent people, which
largely contributes to the sentence put upon them. 9 Monikal states, The imposition of capital
punishment is fast becoming a controversial issue in the United States, due to the news of the
high number of innocents being released from prison and from death row.10 There have even

Lynch, Michael. "The Discursive Production of Uncertainty: The OJ Simpson 'Dream Team' and the
Sociology of Knowledge Machine." Social Studies Of Science (Sage Publications, Ltd.) 28, no. 5/6
(December 1998): 829. Academic Search Premier, EBSCOhost (accessed November 12, 2014)
http://sss.sagepub.com/content/28/5-6/829
9

Jain, Monikal. "MITIGATING THE DANGERS OF CAPITAL CONVICTIONS BASED ON

EYEWITNESS TESTIMONY THROUGH TREASON'S TWO-WITNESS RULE." Journal Of Criminal
Law & Criminology 91, no. 3 (Spring2001 2001): 761. Academic Search Premier, EBSCOhost (accessed
October 27, 2014). http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=879cf7c4-4eb8-4f3aa058-930dcb54ce98%40sessionmgr111&vid=14&hid=109 The errors found in court cases due to
eyewitness testimonies is largely discussed in this article.
10

Jain, Monikal. "MITIGATING THE DANGERS OF CAPITAL CONVICTIONS BASED ON

EYEWITNESS TESTIMONY THROUGH TREASON'S TWO-WITNESS RULE." Journal Of Criminal
Law & Criminology 91, no. 3 (Spring2001 2001): 761. Academic Search Premier, EBSCOhost (accessed

been cases in which men and women serve years on death row only to be released on the bases
of exonerated11 meaning that the individual has been released from all charges.
Another very controversial issue regarding death penalty is the presence of a doctor or
physician in some cases. Many believe that doctors should preserve life not be the cause of it to
end. Doctors should not have to perform tasks like pronouncing a prisoner death after. Many of
the cases in which doctors have participated in death row killings, more specifically lethal
injections, have later caused mental damage or unstable mental health. Many doctors and
physicians agree to participate in lethal injections but many others would like to refuse but
cannot because they cannot lose their jobs. In the Hippocrates Oath it states,
Proficiency and deviate from evils: I will follow that system of regimen which, according
to my ability and judgment, I consider for the benefit of my patients. Abstain from
whatever is deleterious and mischievous, will give no deadly medicine to any one if
asked nor suggest any such counsel and will not give to a woman a pessary to produce
abortion.12
When physicians participate in giving someone a lethal injection they are going against the oath
they swore to keep. Its hypocritical to expect and require physicians to participate in any
situation involving taking a life, they should only help preserve life not end it.
Many also see death penalty as a type of torture. In many cases the trials are extended for
long periods of time. Trial time frames can range from months to even years. For innocent men
and women that are just waiting on death row to be killed, every day would be a torture. If the
way of execution isnt immediate deadly the prisoner on death penalty would only suffer greatly.
October 27, 2014). http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=879cf7c4-4eb8-4f3aa058-930dcb54ce98%40sessionmgr111&vid=14&hid=109 The errors found in court cases due to
eyewitness testimonies is largely discussed in this article.
11

Marquis, Joshua. "THE MYTH OF INNOCENCE." Journal Of Criminal Law & Criminology 95, no. 2
(Winter2005 2005): 501-521. Academic Search Premier, EBSCOhost (accessed October 27, 2014).
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=879cf7c4-4eb8-4f3a-a058930dcb54ce98%40sessionmgr111&vid=16&hid=109
12
Kumar, Anand. "Hippocratic Oath, 21st Century." Indian Journal Of Surgery 72, no. 2 (April 2010):
171-175. Academic Search Premier, EBSCOhost (accessed November 12, 2014). Page 172
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=25e07aae-4e38-4ecd-ac9c75dd6fd889be%40sessionmgr110&vid=6&hid=106

After researching both sides of this very debated issue, I have come to the conclusion that
the death penalty should not be allowed in any part of the world. Many countries in Europe have
abolished the death penalty and capital punishment all together, because they have come to
realize that it is inhumane to punish even the most twisted people. Many states of the United
States have actually gotten rid of the death penalty, but there are still a few who support and still
practice this type of punishment in prisons.
Violence only brings violence. Killing someone who has also committed murder only
puts you in the same level as the person you thought was unworthy to live. In my opinion death
penalty is more of revenge then anything because pro death penalty individuals support it based
on highly emotional and symbolic, rather than knowledge based13 It is very human to be angry
and want justice when a crime is committed but it is also human to forgive. Taking a life for
committing a crime should not be a way to punish for any type of crime. I believe humans have
evolved and we are no longer in the middle ages, therefore I believe we should not use the same
punishments as before because now we are more civilized and can work problems out by proper
procedures of the law. Their views appear to be driven more and more by anger and retributive
urges rather than by fear14 this statement proves that the people who want death penalty are
filled with anger, which is not healthy for anyone. It should also not be required that physicians
go against their oath to end someones life instead of preserve it. Death penalty should no longer
be used as punishments because it is not humane to kill others for what some believe is justice.

13

Lynch, Mona. "Capital punishment as moral imperative: Pro-death-penalty discourse on the Internet."
Punishment & Society 4, no. 2 (April 2002): 213. Academic Search Premier, EBSCOhost (accessed
November 12, 2014). http://pun.sagepub.com/content/4/2/213.full.pdf+html
14

Lynch, Mona. "Capital punishment as moral imperative: Pro-death-penalty discourse on the Internet."
Punishment & Society 4, no. 2 (April 2002): 213. Academic Search Premier, EBSCOhost (accessed
November 12, 2014). http://pun.sagepub.com/content/4/2/213.full.pdf+html

Bibliography
"Summaries for patients. Doctors' willingness to participate in the death penalty." Annals Of Internal
Medicine 135, no. 10 (November 20, 2001): I-36. Academic Search Premier, EBSCOhost (accessed
October 27, 2014). http://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=de21aa59-8c8d-477a9fb6-fde62528523f%40sessionmgr4005&vid=4&hid=4104

Amsterdam, Anthony G. "Descriptions of Execution Methods." DPIC. Accessed October 23, 2014.
http://www.deathpenaltyinfo.org/descriptions-execution-methods

Emanuel, Linda L., and Leigh B. Bienen. "Physician Participation in Executions: Time To Eliminate
Anonymity Provisions and Protest the Practice." Annals of Internal Medicine, November 20, 2001., 922924, Academic Search Premier, EBSCOhost (accessed November 1, 2014).
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=464e800d-08ca-449a-be549d6dcf7de251%40sessionmgr111&vid=1&hid=102

Fair treatment in a court of law during trial.

Grant, Stefanie. "A Dialogue of the Deaf? New International Attitudes and the Death Penalty in
America."Criminal Justice Ethics 17, no. 2 (Fall98 1998): 19. Academic Search Premier,
EBSCOhost (accessed October 27, 2014).
http://web.a.ebscohost.com.dbprox.slcc.edu/ehost/detail/detail?sid=659d4991-d6b7-462d-b9b4f8808798473d%40sessionmgr4001&vid=5&hid=4107&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#d
b=aph&AN=1785325

Jain, Monikal. "MITIGATING THE DANGERS OF CAPITAL CONVICTIONS BASED ON

EYEWITNESS TESTIMONY THROUGH TREASON'S TWO-WITNESS RULE." Journal Of
Criminal Law & Criminology 91, no. 3 (Spring2001 2001): 761. Academic Search Premier,
EBSCOhost (accessed October 27, 2014).
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=879cf7c4-4eb8-4f3a-a058930dcb54ce98%40sessionmgr111&vid=14&hid=109
Kumar, Anand. "Hippocratic Oath, 21st Century." Indian Journal Of Surgery 72, no. 2 (April 2010): 171175. Academic Search Premier, EBSCOhost (accessed November 12, 2014). Page 172
http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=25e07aae-4e38-4ecd-ac9c75dd6fd889be%40sessionmgr110&vid=6&hid=106

Lynch, Michael. "The Discursive Production of Uncertainty: The OJ Simpson 'Dream Team' and
the Sociology of Knowledge Machine." Social Studies Of Science (Sage Publications, Ltd.) 28,
no. 5/6 (December 1998): 829. Academic Search Premier, EBSCOhost (accessed November 12,
2014) http://sss.sagepub.com/content/28/5-6/829
Lynch, Mona. "Capital punishment as moral imperative: Pro-death-penalty discourse on the Internet."
Punishment & Society 4, no. 2 (April 2002): 213. Academic Search Premier, EBSCOhost (accessed
November 12, 2014). http://pun.sagepub.com/content/4/2/213.full.pdf+html

Marquis, Joshua. "THE MYTH OF INNOCENCE." Journal Of Criminal Law & Criminology
95, no. 2 (Winter2005 2005): 501-521. Academic Search Premier, EBSCOhost (accessed
October 27, 2014). http://web.b.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=879cf7c4-4eb84f3a-a058-930dcb54ce98%40sessionmgr111&vid=16&hid=109
West's Encyclopedia of American Law, edition 2. S.v. "Due Process of Law." Retrieved October 23 2014
from http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law