George W. Bush's position on

Death Penalty: In the 1972 case of Furman v. Georgia, 408 U.S. 153 (1972), the Supreme Court issued a 5-4 decision effectively striking down most federal and state death penalty laws finding them "arbitrary and capricious." The court held that the death penalty laws, as written, violated the "cruel and unusual punishment" provision of the Eighth Amendment and the due process guarantees of the Fourteenth Amendment. But the decision did not rule the death penalty itself to be unconstitutional, only the laws upholding it; therefore, many states began to write new laws to comply with the court's ruling. At present, 38 states and the federal governemnt have a death penalty.

Description of candidate's position: Bush supports the use of the death penalty in all applicable cases, but often avoids questions about the number of executions. Instead, he claims that no innocent people have been executed; the 152 executions during his time in Texas were "fair and just." Three men have been executed during his time as President. Bush also views the death penalty as a deterrent (not as a source of revenge), which is why he supports the use of DNA testing to prove innocence or guilt. If DNA testing can prove for certain innocence or guilt, the death penalty is used only to deter others from committing similar crimes. Link and Link and Link

Quotation from the candidate: "I'm going to uphold the law of the land and let the political consequences be what they may. If it costs me politically, it costs me politically." "No case is an easy case," he continued, adding: "I also keep in mind the victims, and the reason I support the death penalty is because it saves lives. That's why I support it, and the people of my state support it too." June 22, 2000 from Link

Assessment of the proposal: Two critical questions about the death penalty are being asked that sometimes overshadow assessments of candidate's policy: is it morally wrong, and will the wrong person be executed? Therefore, some assessments are based on those questions, not specifically the candidate's policy.

Positive: The National Center for Policy Analysis specifically analyzes both arguments against the death penalty; morality and accuracy. It states that the required DNA testing that Bush supports would eliminate uncertainty about guilt while also saving lives, making it morally acceptable. In fact, the study indicates that each execution would results in 18 fewer murders. Link and Link

Negative: Amnesty International, a worldwide human rights organization, opposes the death penalty as a human rights violation. Therefore, accuracy of guilt does not justify its use. Instead, Amnesty supports the Federal Death Penalty Abolition Act, which would halt federal executions and extend sentences to life in prison without parole. Link

Comparison: At first glance, the two candidate's positions on the death penalty are polar opposites: Bush supports the death penalty while Kerry opposes it. However, both candidates support required DNA testing for federal executions. For Bush, the requirement means deterring others from committing crimes; for Kerry, the requirement means fewer mistakes are made when executing federal offenders.

Link to Kerry's issue page