Capital Punishment or the Death Penalty - Term Paper Example

?Your Full Your 27 February The Case against Capital Punishment Capital punishment or the death penaltyhas been a part of justice and legal systems throughout the world since time immemorial. It is usually reserved as punishment for very serious crimes such as murder, drug trafficking and, in some legal systems, treason. Given out in extreme cases and circumstances in the modern day and age, death penalty has clearly divided the American society into two halves with the first half in favor of and the second against it. Both sides present arguments to support their respective cause. Capital punishment has been abolished in many US states with others passing bills to abolish it in the near future. There was a lapse of four years in handing out capital punishment in the United States of America in 1972. The practice resumed in 1976 and is still being carried out. Considering both sides of the argument and weighing pros against cons, it is better to do away with capital punishment once and for all from the justice system of the United States of America. In our present legal system, there are chances of false falsely convicting individuals. The strongest argument against the death penalty puts forth the hypothesis of an individual being falsely convicted and sentenced to death. Research shows that this hypothesis has come to pass in several cases such as a case in Illinois in 1983 where two men were falsely accused of murder of a 10 year old. After having spent 10 years on the death row waiting for the date of execution, their innocence was proved by defense when DNA evidence cleared them of the charges (Donohue, and Shavell x). If the American legal system had not been slow, two innocent men would have lost their lives for a crime they did not commit at the same time allowing the real culprit to roam free. And if the discovery came after the sentence was carried out, how would the state go about posthumous redress? More than 130 similar cases have come to light in the past 37 years where 130 individuals were found innocent after having spent time on death row (DPIC FactSheet). Questions and incidents such as this one shake the resolve of those in favor because, once death penalty is carried out, the executed cannot be brought back to life. In case of time served, some sort of financial redress can be offered. Capital punishment provides room for abuse. Another argument that is loosely connected to the preceding one is the conviction of the mentally disabled. There are several mental conditions, psychological disorders amongst them, that make individuals who are suffering from them commit acts of violence. It can be argued that these people, whether because of depression, delusion or under the influence of medication that they take to treat these ailments, may commit murder. Though there is a consensus that such people should not be awarded capital punishment, however, as long as capital punishment remains a viable option, there is no way to ensure that such verdicts are not passed. For instance, in the State of Virginia a borderline mentally challenged woman, Teresa Lewis, was awarded the capital punishment (Szkotak). Lewis, despite being mentally retarded and despite not being the actual perpetrator was executed just because the option was available. If capital punishment is abolished, the option would not be present to be taken into consideration in the first place. Death by legal injection is seen by many as cruel and unusual punishment. The current method of execution, the lethal injection is a mixture of deadly substances with potassium chloride being the active ingredient. It is introduced intravenously into the human body. If not in the correct ratio or if not administered properly, the lethal injection can cause a slow and agonizing death. In most cases, potassium chloride merely causes paralysis and the poor individual is painfully aware of every sensation till his or her last breath. This may also happen varying on a person to person basis e.g. in the case of a person’s body reacting in an unexpected way to the compounds. The possibility of equipment malfunctioning is also present as is the risk of misadministration since the staff administering the injection are largely untrained. As one of the largest democracies in the world and a staunch advocate of humane practices, the United States should abolish this cruel punishment due to this reason alone. Capital punishment is a burden on resources and unnecessary utilization of the taxpayer’s dollar. The complex legal and justice system of the United States of America allows for a lengthy process of awarding punishment. Cases can take years to reach their conclusion. The appeal process against capital punishment is also a slow and tedious process. Slowed down by appeals, the whole thing starts getting unnecessarily expensive with all the diligence involved. This puts a burden over a system already straining to do its job. Many developed countries in the world have used this and other reasons discussed above as the basis to completely abolish capital punishment. The European Union is such an example where the death penalty has been replaced by life imprisonment. To cut down on unnecessary expenditure on something which can be seen as cruel and irreversible, the United States should also follow this example. Advocates of capital punishment allude to its deterrent effect on crime and criminals. However, studies show this is a misconception and that there can be a plethora of factors, including economic as well as social, causing the ebb and flow in the rate of crime in an area and that death penalty, or the abolishment thereof alone, cannot be attributed with its increase or decrease (for example, Donohue, and Wolfers, qtd. in Donohue, and Shavell vii). It is seen that countries and regions where capital punishment is no longer in effect have lower crime and murder rates as opposed to countries where death penalty is still part of the system, as seen in the European Union and the United States of America, respectively. Also, according to a study carried out in 2004 by Philips Cooks indicates that there is no connection between the death penalty being abolished and the number of murders committed (qtd. in Donohue, and Shavell xi). Moreover, as opposed to what the proponents thereof state, capital punishment is not about retribution and closure for the family of the victim. It would be an assumption and a grave error to jump to the conclusion that families of victims would want to see the convicted suffer and die. Most families, if given the option, would perhaps even pardon the convicted (Cushing, Robert Renny, and Susannah Sheffer.). Moreover, law should not aim for retribution post-crime; the aim should be to not let the crime happen in the first place. Particularly in societies like ours where mob lynching has been observed. People when aggravated take law into their own hands in what they believe is the dispensing of justice. Enraged people rarely heed logic and reason since their judgment is clouded by righteous rage. It is not a good environment for meting out justice, particularly where there is a chance of them being falsely accused. Leaving open capital punishment as an option is not therefore good practice. Today, out of all developed and advanced countries, the United States of America and Japan are the only ones where capital punishment is still part of the legal system and regularly awarded. Considering all these arguments and the fact that the United States of America is a vocal advocate of human rights, capital punishment should be completely abolished from the American system of justice. Its replacement by life imprisonment leaves a door open for the convicted to repent as well as room for correction and redress in case of an erroneous conviction. Works Cited Cushing, Robert Renny, and Susannah Sheffer. Dignity Denied: The Experience of Murder Victims’ Family Members Who Oppose the Death Penalty. Cambridge, MA: Murder Victims’ Families for Reconciliation, 2002. Web. 18 Mar. 2011. Death Penalty Information Center. Death Penalty Information Center, 2011. Web. 18 Mar. 2011. Donohue III, John J., and Steven Shavell. “Introduction to the Death Penalty Symposium.” American Law and Economics Review 11.2 (2009): v-xii. Print. Drehle, David Von. “Death Penalty Walking.” TIME.com. Time Inc., 3 Jan. 2008. Web. 18 Mar. 2011. Liptak, Adam. “Does Death Penalty Save Lives? A New Debate.” NYTimes.com. The New York Times Company, 18 Nov. 2007. Web. 18 Mar. 2011.. Szkotak, Steve. “Teresa Lewis, Mentally Disabled Woman, Executed in Virginia Amid Outcry.” The Huffington Post. TheHuffingtonPost.com Inc., 23 Sep. 2010. Web. 18 Mar. 2011. Read More