Criminal Law Library Blog
For much of its history, the death penalty in the United States has been framed as a tool of justice—a way to hold the most vicious criminals accountable for their heinous acts. Stories of grisly murders and the suffering of victims’ families dominated the narrative, overshadowing questions about fairness or accuracy in the system. In this view, the focus was on the victims, while defense attorneys challenging death sentences were often portrayed as meddlesome “do-gooders” intent on exploiting legal technicalities to obstruct justice.
Today, the story has shifted dramatically. The modern narrative exposes a system riddled with errors, inequities, and deceptions—a bureaucracy that rushes individuals to death row without ensuring they are the right ones. According to the Death Penalty Information Center’s Death Penalty Census, the reality is stark: the most common outcome of a death sentence in the United States is not execution but reversal. Only 15.7% of death sentences ultimately result in execution, with the vast majority overturned due to errors or other issues.
With such a low “success” rate, one must ask: Why does this archaic punishment persist? Austin Sarat, William Nelson Cornwell Professor of Jurisprudence and Political Science at Amherst College addresses this question in his recent posting, Why Does the United States Bother to Impose Death Sentences?, in VERDICT: Legal Analysis and Commentary from Justia. In his posting, Professor Sarat concludes:
“Today, that story ‘is one of a system full of blunders and deception, a bureaucracy hustling people towards death row without proper concern for whether they really have the right person.’
That is why, as the DPIC’s Death Penalty Census says, “[T]he single most likely outcome of a death sentence imposed in the United States is that the sentence or conviction is ultimately overturned and not re-imposed…. By comparison, fewer than one in six (15.7%) death sentences ended in execution.”
15%. With that “success” rate, why bother?
Why bother to hold onto a punishment that is a relic of another era. Its time has passed.
America should recognize that and end it everywhere.”
But others argue that for various reasons the death penalty has a solid future in the United States and will not go away soon. For example, Matthew Robinson of Appalachian University who is considered an authority in the area of death penalty research, writes in a 2022 posting: “[T] here are at least eight connecting reasons capital punishment has not been abolished in the United States,” which he lists as follows:
AMERICAN VIOLENCE
MURDER AND DEATH
POLITICAL PRESSURE
AMEICAN PUNISHMENT
PUBLIC SUPPORT
RELIGION
ALL POLITICS IS LOCAL
TRADITION
The death penalty in the United States stands at a crossroads. On one hand, its historical framing as a tool of justice—an ultimate measure of accountability for society’s most grievous offenders—still resonates with many Americans. Yet, modern scrutiny has exposed profound flaws in its application: systemic errors, inequities, and a strikingly low rate of executions relative to convictions. This duality underscores a deep tension between the values of retribution and fairness.
While critics argue that capital punishment is an outdated relic incompatible with a just and equitable system, its persistence speaks to a complex interplay of factors—cultural traditions, political pressures, and public sentiment. Whether the United States will finally abandon this controversial practice or continue to uphold it as a symbol of justice remains one of the most contentious and enduring questions of our time.