The social issue of capital punishment is one of moral and legal debate. Freedman square off in a debate primarily dealing with the positive and negative implications of capital punishment. Both authors agree that the shortcomings of our legal system are the most substantial criteria when considering the positive or negative effects of capital punishment on society. .
Robert W. Lee opens his argument with discussing capital punishment as a deterrent of crime. Lee explains that "due to costly delays and endless appeals, the death penalty has been largely turned into a paper tiger by the same crowd that calls for its abolition on the grounds that it is not an effective deterrent" (316). Lee feels that because of the ineffective implementation of the death penalty its use as a deterrent has been lost. He describes this scenario by saying that "any punishment, including death, will cease to be an effective deterrent if it is recognized as mostly bluff" (316). Lastly, Lee attempts to show that capital punishment can have an impact by citing the state of Utah's lowered murder ratio after administering capital punishment. .
A valid point made by Lee is his explanation of the cost of executions. Lee contends that abolitionist own interminable legal maneuvers allow for the exorbitant financial expense of death penalty cases. Lee goes on to say "the cost is primarily due to redundant appeals, time-consuming delays, bizarre court rulings, and legal histrionics by defense attorneys" (318). .
Throughout Lee's argument, he focuses on the inconsistency of the legal system and of the stance of abolitionists. He points out that issues, such as discrimination, are not valid unless they are linked to the execution of innocent persons (321). Lee goes on to say that failure to punish crimes such as murder are the seeds of anarchy. Lee quotes Supreme Court Justice Potter Stewart saying that the "instinct for retribution is part of the nature of man and channeling the instinct in the administration of criminal justice serves an important purpose in promoting the stability of society governed by law" (324).
