In this project, I aim to provide a comprehensive account of the acceptability and utilization of capital punishment through the lens of retributivist and consequentialist ethical theory. After determining the moral justification for the use of the death penalty, I conclude that there is not enough theoretical ground to claim that capital punishment is ethical or morally justifiable on the basis of theory alone. It is necessary to account for the practical, empirical evidence when making policy decisions, rather than basing them on theory alone. I propose various alternative methods of reaching collective unity and establishing justice in the form of restoration and rehabilitation.

This report explores the United States’ continued use of the death penalty and the various costs of maintaining such a policy. This paper aims to investigate issues in the continued use of the death penalty and potential policy alternatives to this inhumane practice. To this end, topics such as constitutional law, crime control, and economic costs associated with the death penalty will be explored. Ultimately, due to patterns of racial and economic discrimination, a lack of evidence for a deterrent effect, the risk imposed on innocent defendants, and the economic cost of maintaining the status quo, it is suggested that the United States, at the very least places a federal moratorium on executions, while simultaneously encouraging states to do the same through the use of grants or mandates designed to lessen the cost of swapping to a life without parole or LWOP system could create on a state’s budget. Additionally, alternatives such as LWOP are explored as a means to address many of the concerns surrounding the death penalty.