⚖️ Retribution
Some crimes, such as murder, are so terrible that the offender deserves the most serious punishment. Supporters say that justice means getting what you deserve.
Peace and Conflict: Key Ideas » Capital Punishment: Arguments For and Against
What you'll learn this session
Study time: 30 minutes
Edexcel spec: Paper 1, 3.6
- What capital punishment is and where it stands today
- Social reasons for capital punishment
- Social reasons against capital punishment
- Humanist views and the kinds of religious argument used on each side
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Unlock This CourseWhat is capital punishment?
Capital punishment, also called the death penalty, is when the state puts a person to death as a punishment for a very serious crime, after a court has found them guilty. It is a punishment carried out under the law of a country, not a killing by a criminal.
Key terms:
- Capital punishment (the death penalty): execution by the state as a punishment for the most serious crimes.
- Abolish: to end something by law. A country that has abolished the death penalty no longer uses it.
- Miscarriage of justice: when a court gets it wrong, for example by convicting an innocent person.
- Pardon: an official decision that a person is cleared or forgiven of a crime.
- Humanist (recap from How Did the Universe Begin? Religious and Scientific Views): a person who believes people can live good lives without religion, using reason, evidence and compassion.
Where does it stand today?
In Great Britain, a law of 1965 suspended the death penalty for murder, and in 1969 it was abolished for murder. In 1998 it was abolished for all crimes in the UK. So no one can now be executed under UK law.
Across the world, most countries have abolished the death penalty, either in law or in practice (meaning they have not used it for many years). But some countries still keep it, including China, Iran, Saudi Arabia and Japan, and parts of the United States. Laws change, so up-to-date facts are best checked on sites such as Amnesty International (amnesty.org) or the BBC.
Social reasons for capital punishment
These are reasons about society, not about religion. People who support the death penalty often give these arguments.
⚠️ Deterrence
Supporters say the fear of being executed will put people off committing terrible crimes.
🔒 Protection of the public
A person who has been executed can never harm anyone again. Supporters say this keeps society safe from the most dangerous people.
👫 Justice for victims' families
Some families of victims feel that only the death penalty shows how serious the crime was, and that it gives them a sense that justice has been done.
A fifth reason is cost. Some people say it is cheaper for taxpayers to execute a person than to keep them in prison for life. Others dispute this, but supporters use it as an argument.
Social reasons against capital punishment
❌ It can kill an innocent person
Courts can make mistakes. If a person is executed and the mistake is found later, nothing can put it right. In Britain, Timothy Evans was hanged in 1950 for murder. Later, another man was shown to have committed the killings, and Evans was given a pardon in 1966. Cases like this were one reason many people wanted the death penalty ended.
📈 Little evidence it deters
Opponents say there is little evidence that the death penalty puts people off crime more than a long prison sentence. Many people who commit terrible crimes do not expect to be caught.
⚖️ Human rights
Opponents say that every person has a right to life, even someone who has done something terrible, and that the state should not take it away.
🌱 No chance to reform
An executed person can never change, say sorry or make up for what they did. Imprisonment leaves that door open.
Opponents also say the death penalty can be used unfairly. They argue that poor people, who may not be able to pay for a good lawyer, and people from minority groups are more likely to be executed than others who commit the same crime.
Non-religious (humanist) views
Most humanists are against the death penalty. They say a mistake cannot be put right, and that it ends any chance of reform. Humanists value human life and want justice to be fair and based on evidence.
Not every non-religious person agrees. Some support the death penalty for the very worst crimes, for the same social reasons as other supporters, such as retribution or protection of the public. Not being religious does not decide a person's view.
Religious arguments, in general terms
Each religion has its own teachings on this topic, which you will meet in your own religion's lessons. Here are the kinds of argument believers use.
✅ Used to support it
Some believers point to teachings that the law must punish serious wrongdoing, or to old laws in their holy books that allowed execution. They may say that a fair punishment for taking a life is to lose one's own.
❌ Used to oppose it
Many believers teach that life is sacred, so only God should end it. Others stress forgiveness, mercy and a second chance for the offender.
Believers in the same religion often disagree, because they read their teachings in different ways. That is why it is important to give more than one view in an answer.
Common mistakes
- Saying the UK still has the death penalty. It does not: it was abolished for murder in 1969 and for all crimes in 1998.
- Mixing up social reasons with religious reasons. Deterrence and protection are social. 'Life is sacred' is a religious reason.
- Saying that all religious people are for it or against it, or that all humanists are against it. Views differ within groups.
- Listing reasons without explaining them. Say why it matters: 'It cannot be undone, so an innocent person could be killed.'
Exam-style question
(a) Identify three reasons why some people support capital punishment. [3 marks] (Paper 1, AO1)
(b) Outline two reasons why some people are against capital punishment. [4 marks] (Paper 1, AO1)
(c) Explain why some non-religious people are against capital punishment. [6 marks] (Paper 1, AO1 and AO2)
(d) 'Capital punishment is the right punishment for the worst crimes.' Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks] (Paper 1, AO1 and AO2)
Model answer
(a) 1. Retribution (1) 2. Deterrence (1) 3. Protection of the public (1). Justice for victims' families would also be accepted.
(b) It can kill an innocent person (1), and because the punishment cannot be undone, the mistake can never be put right (1). It takes away the chance to reform (1), which means the offender can never change or make up for what they did (1).
(c) Many humanists are against capital punishment because courts can make mistakes. If an innocent person is executed, nothing can put this right. This is why the case of Timothy Evans, who was hanged and later pardoned, worries many people. Non-religious people may also say that there is little evidence that the death penalty deters crime more than a long prison sentence, so it does not make society safer. They may argue that it ends any chance of reform, because the offender can never change. Many also believe in human rights, including the right to life, and think that the state should not take a life. Some say it is used unfairly against the poor and minorities, which goes against equal treatment. (Level 2: several developed reasons.)
(d) Plan. For: retribution, because the worst crimes deserve the most serious punishment; justice for victims' families; protection of the public from the most dangerous people; some say it deters. Against: the risk of executing an innocent person, which cannot be undone; little evidence of deterrence; the right to life; no chance of reform; unfair use against the poor and minorities. Religion: add a teaching from your own religion, for example on the sacredness of life, justice or forgiveness, and show whether it supports or opposes the statement. Say that believers in the same religion may disagree. Contrast it with a humanist view. Possible conclusion: the risk of a wrongful execution is the strongest argument, because nothing can reverse it, so capital punishment is not the right punishment even for the worst crimes. Or, if you disagree, say why retribution and protection outweigh this risk, and show that you have weighed both sides.
Exam tip
In (d), do not just list arguments for and against. Judge them: say which is stronger and why, and finish with a conclusion that picks a side.