Hey Gals,
as I already said I researched a lot on this and just for information I will post the part of the different pro and contra arguments here - my final statement will come later... is not ready yet ;)
5. The Public Image of Death Penalty5.1 General Voices Pro Death Penalty Argument 1: Incapacitation of the criminal (The lives that are saved)"The death penalty is a warning, just like a lighthouse throwing its beams out to sea. We hear about shipwrecks, but we do not hear about the ships the lighthouse guides safely on their way. We do not have proof of the number of ships it saves, but we do not tear the lighthouse down." (Poet Hyman Barshay)
The basic argument of most Death Penalty supporters is that the good deeds achieved by executing murderers, can't be out-ruled by contradicting opinions, an executed murder can never again commit the crime, and also will his example deter others from acting alike.
Argument 2: DeterrenceThe initial intention of Death Penalty and still one of the strongest Pro and Contra Arguments alike (as most ones, by the way, it is applicable on both positions), by executing offenders others will refrain from taking the same path. Although, most Death Penalty supporters point out that the deterring effect would be incomparably higher, if the time on Death row wouldn't last over decades, and so the impression is easily gained that there is no execution at all.
("I believe that if the Death Penalty, was exactly that, a penalty to die and not a penalty to die in 20 years or so, then yes it would abate serious crime." Ian W., 26, CA)
Argument 3: Cost"The problem we have with the death penalty is the extreme financial burden it places on the taxpayers and public sector. The process to ultimately execute an individual is extremely less than timely. With the appeals process in place and the lack of efficient turnaround of executions, these convicted criminals on death row are living on state and federal funds for years upon years. Even the price of the "humane" execution supposedly costs in the neighbourhood of millions and millions of dollars, all of which are being paid by innocent, law-abiding citizens. If there was a cheap way to dispose of criminals who have done something so horrific they warrant to die, I would be in its favour." (Ian W., 26, CA)
Death Penalty supporters point out that the state should better spend the limited resources on the old, the young and the sick rather than the long term imprisonment of murderers, rapists etc.
Argument 4: RetributionDue to an internet page survey (http://www.geocities.com/trctl11/results.html) retribution is the reason most people who answered to the poll chose. In the tradition of "An Eye for an Eye" Death Penalty supporters point out that if one chooses to end the sacred life of a human being he should pay the ultimate prize.
“I hold life sacred, and because I hold it sacred, I feel that anyone who takes some one’s life should know that thereby he forsakes his own and does not just suffer an inconvenience about being put into prison for sometime." (Professor van den Haag,
http://www.prodeathpenalty.com/OrnellasPaper.htm)Argument 5: Forfeiting RightsAnother argument I often came across, but because always differently put and never completely including every aspect I won't quote it, but summarize the ideas.
Basically the question is whether Death Penalty violates Human Rights by taking a life, but so does any other lawful punishment. Imprisonment violates the right of freedom of person, but it is generally seen that the deed of punishing the offender and saving society from their criminal impulses is to be valued higher then the personal right of the offender and therefore one could say through committing a crime one forfeits some of ones most basic human right. Death Penalty supporters therefore can argument, that by taking one's life one forfeits the right of his own life as well.
5.1.1 Enshrinement in the Constitution"The death penalty, or capital punishment, may be prescribed by Congress or any state legislature for murder and other capital crimes. The Supreme Court has ruled that the death penalty is not a per se violation of the Eighth Amendment's ban on cruel and unusual punishment ("Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Bill of Rights, Amendment XIII). Furthermore, the Sixth Amendment ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence." Bill of Right, Amendment XI) does not require a jury trial on the sentencing issue of life or death." (Legal Information Institute,
http://www.law.cornell.edu/topics/death_penalty.html)5.2. General Voices contra Death PenaltyArgument 1: Contradiction"I believe [Death Penalty] is morally incorrect. Firstly, on the simplistic basis that either it is wrong to take a life, or it is not. If it is wrong to take a life, then capital punishment must also be wrong. (Of course, if it is not wrong, then there is no need to punish murderers)" (BA in Philosophy, 21, GB).
The first is a very simple argument that, opposed to the pro Death Penalty "Eye for an eye" Argument, rather questions the moral responsibility of a state, whereby claiming to kills someone is wrong, they contradict themselves by taking the killers' life as a punishment.
Another quote in that direction I once read on an Amnesty international publication: "Why do we kill people, who kill people to show that killing people is wrong?"
Argument 2: Unfair (Ab-)Use"It is not used fairly--more white people commit crimes, yet more blacks are on death row. It is not uniform throughout the states--Texas being the most morally reprehensible. Mentally ill people, mentally deficient people, and children are sentenced to die, often without adequate representation. (In Texas, people have gotten the death penalty while their state-appointed attorneys slept through the trial.)" (Student, 34, Nebraska)
The law, judge and jury are not blind to race, sexual or religious orientation, if you trust statistics and though the constitution grants every defendant an attorney, good ones increase the chance to get a lesser punishment by 95 percent or more.
Another unfair feature of death penalty is really that for the same crime a completely different penalty can be inflicted, just depending on the state it had happened in.
Also to execute people, who by the time the crime was committed, had not a fully developed and capable brain, like mentally ill or retarded person, or teenager and children, is more then questionable since their ability of guilt is not fully assured.
Argument 3: UltimatenessDeath Penalty can't be repaid after years and when finally someone else is convicted of the crime someone else has been executed for. Innocents are on death row and innocents have been killed already, and there is no way that can be redone.
Argument 4: DeterrenceDeath Penalty opponents claim that it is not effective in deterring possible offenders, and again statistics prove that point, since despite having death penalty the united states is one of the countries with the highest murder rate, as opposed to for example European countries.
Also a survey among American police-officers revealed that they don't see the effect of Death penalty either and place it at the least effective plan to decrease violent crimes - far behind Reducing drug abuse, Supporting a better economy, simplifying court rules etc. (FactSheet.pfd, Death Penalty Information-centre)
Argument 5: CostDespite what most may think, the Indiana Law Study Commission found out in 2002 that the total costs of Death Penalty (assuming that 20% of the Death sentences are in the end changed into life) lie about 38 percent higher then the cost of lifelong imprisonment. Most of the money flows into the trials and appeals.
"In Texas, a death penalty case costs an average of $2.3 million, about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years. (Dallas Morning News, March 8, 1992)" (FactSheet.pfd, Death Penalty Information-centre)
Argument 6: No rehabilitationDeath Penalty does not aim for an improvement of the offender, he has no chance to learn from his mistakes and prove that he can become a better person and is therefore rather a treatment then an actual punishment. Death Penalty only aims for revenge or the publicity but does not acknowledge the fact that making mistakes is human.
Additionally Death Penalty punishes also the family of the offender, who is completely innocent.