Table of Contents
References & Edit History Related Topics

Discussion Questions

print Print
Please select which sections you would like to print:
verifiedCite
While every effort has been made to follow citation style rules, there may be some discrepancies. Please refer to the appropriate style manual or other sources if you have any questions.
Select Citation Style
Feedback
Corrections? Updates? Omissions? Let us know if you have suggestions to improve this article (requires login).
Thank you for your feedback

Our editors will review what you’ve submitted and determine whether to revise the article.

External Websites
  1. Should the death penalty be legal in the United States? Why or why not?
  2. If the death penalty is legal, which forms of execution should be legal? Explain your answer.
  3. If the death penalty is illegal, what (if any) forms of punishment should replace capital punishment? Explain your answer.

Take Action

  1. Ask yourself “whether we deserve to kill” via the Equal Justice Initiative.
  2. Explore the information in the Execution Database provided by the Death Penalty Information Center.
  3. Consider former U.S. Deputy Attorney General Jeffrey A. Rosen’s argument that the death penalty is “straightforward” legally.
  4. Consider how you felt about the issue before reading this article. After reading the pros and cons on this topic, has your thinking changed? If so, how? List two to three ways. If your thoughts have not changed, list two to three ways your better understanding of the other side of the issue now helps you better argue your position.
  5. Push for the position and policies you support by writing U.S. senators and representatives.

Sources

  1. Roger Hood, “Capital Punishment,” britannica.com, Aug 29, 2023
  2. Amnesty International, “Death Sentences and Executions 2022,” amnesty.org, May 2023
  3. Jonathan Allen, “U.S. to Carry Out 13th and Final Execution Under Trump Administration,” reuters.com, Jan. 15, 2021
  4. Barbara Campbell, “U.S. Executes Dustin Higgs in 13th and Final Execution Under Trump Administration,” npr.org, Jan. 16, 2021
  5. Death Penalty Information Center, “Execution Database,” deathpenaltyinfo.org (accessed Jan. 18, 2021)
  6. Aris Folley, “Federal Government Carries Out 13th and Final Execution Under Trump,” thehill.com, Jan. 16, 2021
  7. Gallup, “Death Penalty,” news.gallup.com (accessed Sep. 18, 2023)
  8. “Talion,” britannica.com, Feb. 22, 2011
  9. U.S. Conference of Catholic Bishops, “Leviticus,” bible.usccb.org (accessed Sep. 19, 2023)
  10. Stanford Encyclopedia of Philosophy Archive, “Retributive Justice,” plato.stanford.edu, June 18, 2014
  11. Charles Stimson, “The Death Penalty Is Appropriate,” heritage.org, Dec. 20, 2019
  12. Jon’a F. Meyer, “Retributive Justice,” britannica.com, Sep 12, 2014
  13. Robert Blecker, “If Not the Parkland Shooter, Who Is the Death Penalty For?,” nytimes.com, Oct. 27, 2022
  14. George Brauchler, “Coloradans Should Have the Final Say on the Death Penalty (and I’d Hope They Keep It),” denverpost.com, Mar. 1, 2019
  15. Paul Cassell, “In Defense of the Death Penalty,” ndaa.org, summer 2008
  16. Gary Cartwright, “Free to Kill,” texasmonthly.com, Aug. 1992
  17. Katherine Burgess, “Their Father Killed Their Mother. Now, the Siblings Disagree on whether He Should Be Executed,” commercialappeal.com, May 8, 2019
  18. Meghna Chakrabarti and Brian Hardzinski, “How Murder Victims’ Families Are Responding to Death Penalty Halt in California,” wbur.org, Mar. 20, 2019
  19. Jayson Knight, “Central Oklahoma Weeklies | Death Penalty Is Justice for Families of Murder Victims,” oag.ok.gov, Oct. 26, 2022
  20. Equal Justice Initiative, “Death Penalty,” eji.org (accessed Sep. 20, 2023)
  21. Center on Wrongful Convictions, “Explore the Issues,” cwc.law.northwestern.edu (accessed Dec. 13, 2023)
  22. Josh Marcus, “The ‘Stepchild of Lynching’: How the Death Penalty Targets Black People,” independent.co.uk, Oct. 13, 2021
  23. Ed Pilkington, “Virginia May Be First in South to Abolish Death Penalty and Abandon ‘Legalized Lynching,’” theguardian.com, Feb. 2, 2021
  24. American Civil Liberties Union (ACLU), “The Death Penalty: Questions and Answers,” aclu.org, April 9, 2007
  25. Amnesty International, “Death Penalty Cost,” amnestyusa.org, June 26, 2023
  26. Jeffrey Miron, “The Financial Implications of the Death Penalty,” cato.org, July 20, 2023
  27. Benjamin Zober, “The Death Penalty Is Immoral. It Is Murder,” thisisreno.com, Sep. 20, 2020
  28. Dakin Andone, “Why the Brother of Parkland School Shooting Victim Carmen Schentrup Is Against the Death Penalty for Her Killer,” cnn.com, Oct. 10, 2022
  29. John Bessler, “A Torturous Practice: Prohibiting the Death Penalty’s Use Through a Peremptory Norm of International Law,” blogs.law.ox.ac.uk, May 4, 2023
  30. Areesha Lodhi, “What’s Nitrogen Hypoxia? Alabama Carries Out Kenneth Smith’s U.S. Execution,” aljazeera.com, Jan. 25, 2024
  31. Death Penalty Information Center, “Federal Laws Providing for the Death Penalty,” deathpenaltyinfo.org (accessed Aug. 19, 2021)
  32. Death Penalty Information Center, “Federal Death Penalty,” deathpenaltyinfo.org (accessed Aug. 19, 2021)
  33. Amnesty International, “Death Sentences and Executions 2022,” amnesty.org, 2023
  34. Tracy L. Snell, “Capital Punishment, 2020—Statistical Tables,” bjs.ojp.gov, Dec. 2021
  35. Kim Chandler, “Federal Judge Says Alabama Can Conduct Nation’s 1st Execution With Nitrogen Gas; Appeal Planned,” apnews.com, Jan. 10, 2024
  36. Idaho Legislature, “House Bill 186,” legislature.idaho.gov (accessed Apr. 3, 2023)
  37. Laurel Wamsley, “With Lethal Injections Harder to Come By, Some States Are Turning to Firing Squads,” npr.org, May 19, 2021
  38. David Ariosto, “Connecticut Becomes 17th State to Abolish Death Penalty,” cnn.com, Apr. 25, 2012
  39. Arizona attorney general, “Capital Punishment in Arizona,” azag.gov (accessed July 20, 2012)
  40. Robbie Brown, “Arkansas Upends Death Penalty,” nytimes.com, June 22, 2012
  41. Jonathan J. Cooper, “John Kitzhaber, Oregon Governor, Imposes Moratorium on Death Penalty for Rest of His Term,” huffpost.com, Nov. 22, 2011
  42. Death Penalty Information Center, “Death Penalty Information by State,” deathpenaltyinfo.org (accessed July 18, 2012)
  43. “Capital Punishment,” encyclopediaofarkansas.net (accessed July 20, 2012)
  44. Iowans Against the Death Penalty, “Iowa,” iadp.org (accessed July 20, 2012)
  45. Michael Kirk, “The History of the Death Penalty in Connecticut,” today.uconn.edu, Oct. 24, 2011
  46. Kathleen A. O’Shea, Women and the Death Penalty in the United States, 1900–1998, 1999
  47. Michael H. Reggio, “The Execution: History of the Death Penalty,” Frontline, pbs.org (accessed July 20, 2012)
  48. Wilson Ring, “Vt. Prosecutors May Seek Death Penalty in Abduction,” boston.com, July 6, 2008
  49. South Dakota Department of Corrections, “Frequent Questions: Capital Punishment,” doc.sd.gov (accessed July 20, 2012)
  50. Texas Execution Information Center, “Texas Execution Information Center Execution Reports,” txexecutions.org (accessed July 20, 2012)
  51. U.S. Department of Justice, U.S. Bureau of Justice Statistics, “Publications and Products: Capital Punishment,” bjs.ojp.usdoj.gov (accessed July 18, 2012)
  52. William Yardley, “Oregon Governor Says He Will Block Executions,” nytimes.com, Nov. 22, 2011
  53. Joe Sutton, “Maryland Governor Signs Death Penalty Repeal,” cnn.com, May 2, 2013
  54. Julie Bosman, “Nebraska Abolishes the Death Penalty,” nytimes.com, May 27, 2015
  55. “Pennsylvania Governor Halts Death Penalty While ‘Error Prone’ System Reviewed,” cnn.com, Feb. 14, 2015
  56. “Connecticut’s Top Court Bans Death Penalty in State,” reuters.com, Aug. 13, 2015
  57. Whitney Ray, “Attorney General Bondi’s Statement on Today’s U.S. Supreme Court Ruling,” myfloridalegal.com, Jan. 12, 2016
  58. Eyder Peralta, “Delaware Supreme Court Finds State’s Death Penalty Law Is Unconstitutional,” npr.org, Aug. 2, 2016
  59. “With Death Penalty Back, Nebraska Looks Ahead to Executions,” nytimes.com, Nov. 9, 2016
  60. Jessica Masulli Reyes, “Supreme Court: Executions off for Those on Death Row,” delawareonline.com, Dec. 15, 2016
  61. Rachel La Corte, “Washington Justices Toss Death Penalty as Arbitrary, Unfair,” theolympian, Oct. 11, 2018
  62. Death Penalty Information Center, “States with and Without the Death Penalty (as of March 13, 2019),” deathpenaltyinfo.org, Mar. 13, 2019
  63. Kelly P. Kissel, “Here Are the 8 Inmates Arkansas Planned to Execute in 11 Days,” usatoday.com, Apr. 15, 2017
  64. Arkansas Department of Corrections, “Executions,” doc.arkansas.gov/correction/inmates/executions/ (accessed Mar. 13, 2019)
  65. “Gov. Gavin Newsom to Block California Death Row Executions, Close San Quentin Execution Chamber,” latimes.com, Mar. 12, 2019
  66. “Grant Death Penalty a Reprieve,” denverpost.com, Dec. 21, 2018
  67. Ellen Powell, “Florida Governor Signs Bill Tightening Death Penalty,” csmonitor.com, Mar. 15, 2017
  68. Bill Estep, “Could Kentucky Resume Executing Inmates? New Death-Penalty Rules Proposed,” kentucky.com, Feb. 14, 2018
  69. “Order Barring Louisiana Executions Is Extended by 1 Year,” apnews.com, July 16, 2018
  70. “Louisiana Seeks 1-Year Extension in Halt to Executions,” nola.com, July 12, 2018
  71. Debra Goldschmidt, “Oklahoma Commission Recommends Extending Death Penalty Moratorium,” cnn.com, Apr. 25, 2017
  72. Johnathan Baker, “In Oklahoma, Death Penalty Moratorium Will Continue Through End of 2017,” hppr.org, Aug. 23, 2017
  73. Kelsey Gibbs, “Death Sentences Continue in Oklahoma Despite Execution Moratorium,” kfor.com, Oct. 16, 2017
  74. Jonathan J. Cooper, “Brown to Preserve Death Penalty Ban,” mailtribune.com, Feb. 20, 2015
  75. Zack Budryk, “New Hampshire Lawmakers Override Governor Veto to Abolish Death Penalty,” thehill.com, May 30, 2019
  76. Jon Kamp, “New Hampshire Governor Vetoes Death-Penalty Repeal Bill,” wsj.com, May 3, 2019
  77. Aris Folley, “Death Penalty Abolished in Colorado,” thehill.com, Mar. 23, 2020
  78. Whitney Evans, “Virginia Governor Signs Law Abolishing the Death Penalty, a 1st in the South,” npr.org, Mar. 24, 2021
  79. Lauren Dake and Conrad Wilson, “Outgoing Oregon Governor Commutes Death Row Sentences, Orders Execution Chamber Dismantled,” opb.org, Dec.13
  80. American Civil Liberties Union (ALCU), “ACLU-PA Statement on Governor Shapiro Continuing the Moratorium on Executions,” aclupa.org, Feb 16, 2023
  81. Lisa Baumann, “Washington State Officially Abolishes Death Penalty,” apnews.com, Apr. 20, 2023
  82. Tracy L. Snell, “Capital Punishment, 2018—Statistical Tables,” bjs.gov, Sep. 2020
  83. Tracy L. Snell, “Capital Punishment, 2019—Statistical Tables,” bjs.gov, June 2021
  84. U.S. Bureau of Justice Statistics, “Capital Punishment, 2013—Statistical Tables,” bjs.gov, Dec. 2014
  85. U.S. Bureau of Justice Statistics, “Capital Punishment, 2016—Statistical Brief NCJ 251430,” bjs.gov, Apr. 30, 2018
  86. U.S. Bureau of Justice Statistics, “Capital Punishment, 2017: Select Findings NCJ 253060,” bjs.gov, July 23, 2019
  87. U.S. Bureau of Justice Statistics, “Number Under Sentence of Death,” bjs.ojp.usdoj.gov (accessed Sep. 19, 2011)
  88. “Infamous Iowa Murderer Dustin Honken to Be Executed in 2020,” desmoinesregister.com, July 25, 2019
  89. R.L. Cartwright, “February 13, 1906: Minnesota’s Last Legal Execution,” minnpost.com, Feb. 12, 2013
  90. Death Penalty Information Center, “District of Columbia: Notable Cases,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  91. Death Penalty Information Center, “Executions by State and Year,” deathpenaltyinfo.org (accessed Aug. 25, 2021)
  92. Death Penalty Information Center, “Executions Under the Federal Death Penalty,” deathpenaltyinfo.org (accessed Aug. 25, 2021)
  93. Death Penalty Information Center, “Massachusetts: History of the Death Penalty,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  94. Death Penalty Information Center, “New Hampshire: Famous Capital Cases,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  95. Death Penalty Information Center, “New York: History of the Death Penalty,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  96. Death Penalty Information Center, “Rhode Island: Famous Cases,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  97. Death Penalty Information Center, “States With No Recent Executions,” deathpenaltyinfo.org, May 6, 2021
  98. Death Penalty Information Center, “West Virginia: History of the Death Penalty,” deathpenaltyinfo.org (accessed Aug. 26, 2021)
  99. Bill Doyle, “The Last Man Executed in New Jersey,” nj1015.com, Jan. 22, 2021
  100. John Lippman, “Vermont Historical Society Stores Windsor State Prison’s Electric Chair,” vnews.com, Aug. 14, 2017
  101. Erin Rhoda, “7 Things You Should Know About the Death Penalty,” bangordailynews.com, Apr. 26, 2015
  102. Dale V. Sandstrom, “Four Capital Murder Trials Since the Last Execution in 1905,” ndcourts.gov, Sep. 7, 2006
  103. Jennifer Sinco Kelleher, “Hawaii Set to Have Death Penalty Trial—Despite Abolishing Capital Punishment in 1957,” businessinsider.com, Mar. 8, 2014
  104. Tracy L. Snell, “Capital Punishment, 2019—Statistical Tables,” bjs.gov, June 2021
  105. State Bar of Michigan, “Michigan Legal Milestones: 41. First to Abolish the Death Penalty,” michbar.org, Nov. 6, 2018
  106. Wisconsin Historical Society, “The Death Penalty in Wisconsin,” wisconsinhistory.org (accessed Aug. 26, 2021)
  107. Nancy Burghart, “Capital Punishment Information,” doc.ks.gov, July 20, 2021