I. A Life or Death Debate: Understanding Capital Punishment in America.

The death penalty, also known as capital punishment, has been a contentious issue in the United States for centuries. Its roots trace back to colonial times, reflecting a complex history intertwined with societal values, legal precedents, and ethical conundrums. Throughout the years, the application and perception of the death penalty have evolved, influenced by various social reform movements, legal challenges, and political legislative initiatives.1

II. Justice or Injustice? Weighing the Scales of the Death Penalty.

Capital punishment has long been one of the most divisive issues in the American justice system, sparking passionate debates from supports and opponents. While some argue that capital punishment serves as a necessary tool for justice, deterrence, and closure, others contend that it is an outdated, flawed, and unjust practice. Examining both sides of the debate is crucial in understanding the complexities of capital punishment and its role in modern society.2

II.A. The Case for Capital Punishment: Justice, Deterrence, and Closure.

Supporters for the death penalty argue that it serves as a powerful deterrent against violence crime, ensures justice for victims, and provides much-needed closure for grieving families. Proponents argue that the death penalty serves as a deterrent to serious crimes, suggesting that the fear of execution may prevent potential offenders from committing heinous acts. Some believe that capital punishment is a form of retribution, providing justice for victims and their families by ensuring that perpetrators receive punishment commensurate with the severity of their crimes. The execution of a perpetrator has also been argued to serve as an offering of a sense of closure to the families of victims, potentially aiding in the healing process after a tragic loss. While critics question its effectiveness, proponents believe that the death penalty remains a crucial element of the justice system, ensuring that the most heinous crimes receive the ultimate punishment.3

II.B. Fatal Flaws: The Case Against the Death Penalty.

Opponents of capital punishment argue that the system is deeply flawed, with risks of wrongful executions, racial and economic biases, and a lack of evidence supporting its claim as a powerful deterrent effect.4 Opponents highlight the irreversible nature of the death penalty, emphasizing the possibility of executing innocent individuals due to flaws in the justice system. They always argue for lack of an actual deterrent effect, as studies have shown that the death penalty may not effectively deter crime more than life imprisonment without parole, calling into question its efficacy as a preventive nature.5 Critics also point out that capital punishment disproportionately affects marginalized communities, with evidence suggesting biases based on race and socioeconomic status in sentencing.6 Lastly there are humaneness concerns as the morality of state-sanctioned execution is heavily debated, especially given religious and ethical concerns, with arguments that it constitutes cruel and unusual punishment, conflicting with evolving standards of decency. For those against the death penalty, the irreversible nature of execution, coupled with systemic injustices, makes capital punishment an unacceptable and outdated practice that should be abolished.

III. Death Row in the Palmetto State: The Past, Present, and Future.

South Carolina has a long and complicated history with capital punishment, reflecting broader national trends while also developing its own unique policies. Over the years, the state has shifted between different execution methods and faced significant legal and logistical challenges in carrying out the death penalty. With recent changes to state law, including the reinstatement of alternative execution methods, South Carolina has once again found itself at the center of the national debate on capital punishment.7

III.A. History of the Death Penalty in South Carolina

The death penalty has been part of South Carolina’s legal system since the colonial era, with early executions carried out by hanging. In 1912, the state transitioned to the electric chair as its primary method of execution, believing it to be a more humane alternative. For much of the 20th century, capital punishment remained a fixture of the state’s justice system, with executions occurring regularly.8 In 1995, South Carolina introduced lethal injection as an option for inmates, providing a second method alongside electrocution. Over time, lethal injection became the preferred execution method, as it was perceived to be less cruel than electrocution. However, in recent years, the state has struggled to obtain necessary drugs for lethal injection due to pharmaceutical  companies refusing to supply them for execution. This shortage led to a de factco moratorium on executions, with no inmates being put to death from 2011 until 2024.9

III.B. Current Events in South Carolina’s Death Penalty

In response to the lethal injection drug shortage, South Carolina lawmakers passed legislation in 2021 to reinstate alternative execution methods, namely electrocution and firing squad, as available options for carrying out death sentences. The law aimed to resume executions that had been on hold for than a decade. In September of 2024, South Carolina carried out its first execution in over a decade and since then three more have followed, including one case which utilized the firing squad.10

The case involved Brad Sigmon, a convicted murderer sentenced to death in 2001 for the brutal killing of his girlfriend’s parents. His execution marked a historic moment, as he became the first person in the United States in over 15 years to be executed by firing squad. This execution reignited debates over capital punishment in South Carolina, with some arguing that the state was taking necessary action to enforce justice, while others saw the use of the firing squad as an archaic and inhumane practice.11

Currently, South Carolina has just under 30 inmates on death row, with ongoing legal challenges surrounding the methods of execution and the fairness of sentencing.* The state continues to navigate complex legal and ethical questions regarding capital punishment, and its recent policy changes have position as a key player in the national conversation about the future of the death penalty.12

IV. Conclusion

The death penalty remains a polarizing issue in the United States, embodying a complex interplay of legal, ethical, and social considerations. While some view it as a necessary tool for justice and deterrence, others see it as an inhumane practice fraught with systemic biases and the potential for irreversible errors. South Carolina’s recent re-adoption of the firing squad as an execution method underscores the ongoing debates and challenges surrounding capital punishment, reflecting broader tensions in the U.S. justice system. The state continues to grapple with balancing the pursuit of justice with concerns over fairness, ethics, and humane treatment.

As executions persist, the debate over capital punishment remains far from over. Whether South Carolina will continue to use alternative execution methods or face further legal challenges remains to be seen, but one thing is certain: the death penalty will remain a deeply contested issue in the Palmetto State and the nation for years to come, prompting continuous reflection on the values and principles that underpin the American justice system.

V. Opportunities for Law Students: The Posthumous Relief Program

For those interested in the death penalty and criminal justice reform, the Charleston School of Law has partnered with Reverend F. Hillary Taylor and the South Carolinians for Alternatives to the Death Penalty (SCADP) to offer students an opportunity to gain pro bono experience through the Posthumous Relief Program. This initiative allows law students to research cases of individuals who were executed in South Carolina, investigating potential wrongful convictions, and external factors that may have influenced their sentencing. The goal is to provide closure to the families of the deceased by uncovering any overlooked injustices.

Students with a passion for criminal law and a desire to contribute to this meaningful work can earn pro bono hours while developing valuable research skills.13 The project generally adds a new group of volunteers each fall, as Reverend Taylor reaches out when assistance is needed, usually at the start of the academic year. While students are welcome to inquire at any time, those interested in learning more about the Posthumous Relief Program or getting in touch with Reverend Taylor should reach out to Professor Michelle Condon, the Director of Externships, Public Service, and Pro Bono at the Charleston School of Law

Additionally, if you are interested in learning more about capital punishment and similar criminal law subject matters, The Sol Blatt, Jr. Law Library has many books available for check out including:

  • The Death Penalty in the United States: A Complete Guide to Federal and State Laws / Louis J. Palmer, Jr. / General Collection KF9725 .P35 2014.
  • Understanding Capital Punishment Law / Linda E. Carter, Ellen S. Kreitzberg, Scott W. Howe, and Celestine Richards McConville / Study Aids Collection KF9227.C2 .C36 2024.

Similarly, to discover journal articles on recent developments surrounding the death penalty both in South Carolina and across the country, go to the Sol Blatt, Jr. Law Library Database page and access HeinOnline’s Law Journal Library.

*Note: this blog is based on information available as of March 25, 2025.

Austin J. Branson

Charleston School of Law
Juris Doctor Candidate, May 2025
Staff Editor, Resolved: Journal of Alternative Dispute Resolution
Research Fellow, Sol Blatt, Jr. Law Library

Notes

  1. Roger Hood, Capital Punishment, Britannica, https://www.britannica.com/topic/capital-punishment (Mar. 21, 2025). ↩︎
  2. Arguments for and Against the Death Penalty, Death Penalty Information Center, https://deathpenaltyinfo.org/resources/high-school/about-the-death-penalty/arguments-for-and-against-the-death-penalty (last visited Mar. 25, 2025). ↩︎
  3. The Editors of ProCon, Death Penalty: Should the Death Penalty Be Legal?, Britannica, https://www.britannica.com/procon/death-penalty-debate (Mar. 24, 2025). ↩︎
  4. Death Penalty, Amnesty International, https://www.amnesty.org/en/what-we-do/death-penalty/ (last visited Mar. 25, 2025). ↩︎
  5. Nat’l. Inst. of Just., Five Things About Deterrence, U.S. Dep’t. of Just. (May 2016) https://www.ojp.gov/pdffiles1/nij/247350.pdf. ↩︎
  6. Death Penalty, Equal Just. Initiative, https://eji.org/issues/death-penalty/ (last visited Mar. 25, 2025). ↩︎
  7. Chiara Eisner, Secrets of the Death Chamber, The State, https://www.thestate.com/news/local/crime/article254563167.html (Sept. 20, 2024, 10:44 AM). ↩︎
  8. Information by State: South Carolina, Death Penalty Information Center, https://deathpenaltyinfo.org/state-and-federal-info/state-by-state/south-carolina (last visited Mar. 25, 2025).  ↩︎
  9. Id. ↩︎
  10. Hayley Bedard, South Carolina Preparing for State’s First Firing Squad Execution, Marking First Firing Squad Execution in U.S. in 15 Years, Death Penalty Information Center, https://deathpenaltyinfo.org/south-carolina-preparing-for-states-first-firing-squad-execution-marking-first-firing-squad-execution-in-u-s-in-15-years (Mar. 14, 2025).   ↩︎
  11. Jeffrey Collins, A South Carolina Man Executed by Firing Squad is the First US Prisoner Killed this way in 15 Years, The Associated Press, https://apnews.com/article/firing-squad-execution-south-carolina-sigmond-c998f11ecd3fcbf117d55b682ce3604a (Mar. 7, 2025, 10:28 PM). ↩︎
  12. Death Row Report, S.C. Dep’t of Corr. (Mar. 25, 2025), https://www.doc.sc.gov/sites/doc/files/Documents/news/death-row-report.pdf. ↩︎
  13. Join the Movement, SCADP, https://www.scadp.org/join-the-movement (last visited Mar. 25, 2025). ↩︎