The culture of punishment in America. Deathpenalty - Essay Example

……. ENGLISH ESSAY 6TH April The culture of punishment in America has undergone numerous twists and turns over the years.It is believed that “current retributive responses to punishment reflect the religious traditions of the early settlers who believed that we are all born sinners and, while it is possible to overcome the wickedness in human nature through good deeds, for many, evil must be rooted out through strict and severe punishment with even death being justifiable at times.”(Silberman, pg 154) The author believes that this dogma is so very deeply ingrained into American psyche that from time to time it makes itself evident in the form of extremely harsh forms of punishment being meted out. It has been observed that since the 1970s, the number of death penalty cases have increased manifold, and America continues to justify the use of cruel methods of punishment for those indicted for all sorts of crimes. “The use of mass incarceration and the use of torture in prisons including Abu Ghraib and Guantanamo Bay are other shining examples of resurfacing of earlier held mentalities with regards to meting out of punishments.” (Silberman, pg154)But then, in the latter case, one has to take into account the fact that most of the prisoners were terrorists; what was at stake was the security of the citizens of America which had to be safeguarded under all circumstances! In this paper, the primary focus is going to be on the attitudes of the various states of America towards the use of the death penalty. The primary area of concern would be the justificatory statements pertaining towards the use of or abolishment of death penalty though initially the American attitude towards the use of punishment techniques in general will be touched upon, for that has a strong bearing on present-day attitudes towards death penalty, and the use of numbers and figures would merely be to put the claims under clearer perspective. It would be well to learn about the general attitudes maintained by the federal and state machinery with respect to treatment of prisoners in American jails. The federal and many state prison systems have gradually done away with trying to rehabilitate prisoners, instead opting to keep them in prisons for longer periods of time. And the ones indicted of death penalty are finding it tougher to get their sentencing reduced to life-imprisonment. Throughout the 1970s, religious fundamentalism has played a major part in increasing the use of corporal punishment, long prison terms and death penalty. “Alongside, there is also evidence to show that America had never fully abandoned extreme forms of punishment before the 1970s, nor had she completely rejected the rehabilitative ideal since. The widespread abuse of the mentally retarded in institutions such as Willowbrook and the torture of prisoners in Arkansas and at other places showcases the contradictions in American culture with regards to punishment”. (Silberman, pg 155)Going by these incidents, the reader will have very less cause for wonderment as to the use of more innovative and sophisticated gadgetry to execute death row inmates. The Enlightenment philosophy and the religious traditions that has to do with the Universalist principles of famous political figures like Benjamin Rush have resulted in the “development of the modern penitentiary, designed to isolate prisoners from the negative influences of other prisoners and encourage them to seek redemption by reading the Bible. The restorative justice movement and its historical antecedents are as much a part of the American story as the moralism of the early Protestant settlers.” (Silberman, pg 155) “A growing chorus of voices is insisting on the re-examination of the death penalty in Ohio. Among the most powerful voices include Ohio’s Catholic bishops, Ohio Supreme Court Justice Paul Pfeifer; former attorney general Jim Petro; and former state prison director Terry Collins.”(McCarty pg A9) The only US manufacturer of pentobarbital--the drug Ohio plans to use to execute death row inmates--has requested the state to put an end to its use stating that “it goes against everything we’re in business to do.”( McCarty, pg A9) It isn’t clear as to what the manufacturer exactly seems to be hinting towards. Perhaps the company is feeling guilty about their invention being used to put an end to lives. Maybe that they have avowed to concentrate their energies on coming out with drugs to increase human longevity and not vice-versa. Whatever it may be, it augurs well for human rights groups who are insisting on review of the techniques used to kill death row inmates, for some have been deemed to be very painful and unbearable! Pfeifer, who served as chairman of the Senate Criminal Justice Committee when Ohio was at odds over the capital punishment bill in 1981 has stated that it is time to do away with the death penalty. “The governor should commute the sentences of everyone on death row to life without the possibility of parole. For a good many, this wasn’t an option at the time of their sentencing.” (McCarty, pg A9)State representative Ted Celeste, D-Grandview Heights, is coming out with a bill calling for the end to the death penalty in Ohio. Celeste believes that the issue could attract the support of various factions. He has pointed towards the “extravagant cost of protracted litigation and the emotional toll on victims’ families.“. (McCarty, pg A9)There is little doubt that the litigation costs in death penalty cases can be quite high and is ultimately is borne by the taxpayer. Perhaps this money could instead be invested in programs to rehabilitate youth, for they constitute a major proportion of the death row inmates. It also goes without saying that the emotional toll on victims’ families can also be quite high, and it makes little sense to harm more lives in addition to the one that already has been by actually exterminating it. Wrongful convictions are also something that has led towards cause for concern; and this issue has been highlighted by Petro in his book, “False Justice,” co-written with his wife Nancy. Petro has stated that on many occasions the death sentence was not in conformity with comparable crimes around the state. Pfeifer also notes that race and geography play a part in the death sentence. What is also bothersome, “is the company we keep with the other countries that have the death penalty: China, Saudi Arabi, Iran. It’s a small list and not good company at all according to him.” (McCarty, pg A9)In a strongly worded statement , the Catholic Bishops of Ohio pressed Gov. John Kasich and Ohio legislators to put and end to the death penalty, stating, “Every human being is a child of God, no matter what sins the person commits. Every human life has infinite dignity because it is designed by God to be immortal.” (McCarty, pg A9) Large-hearted thoughts indeed from the mouths of men looked up to in American society. Definitely every human being has the right to live and enjoy but then if he brings harm upon the lives of others then surely there is cause for concern. I‘m not going against the statements uttered by the bishops but exceptions need to be made in certain cases like that of terrorists who rarely repent their deeds, instead choosing to actually glorify themselves! Kevin Werner, executive director of Ohioans to Stop Executions, has said that “America is supposed to be a shining beacon for the rest of the world. But with the death penalty, we’re not.” ((McCarty, pg A9))America is the mightiest power today and as such it would be very unbecoming of her to indulge in acts that might lower her dignity in any way, which is what she sometimes does by using inhumane methods for extermination of death row inmates. “Public support for capital punishment in the United States has reduced for various reasons, one of which is botched executions.”(The Price of Death, pg 5) The reason for this could perhaps be that the public interpreted this as sure signs of God proclaiming his dislike of the practice. This is just a view and might sound too fantastic to some, nevertheless occult practitioners would be willing to agree that any activity that gets botched is sure indication of the practice being against the laws of nature and, in turn, against the will of God! As mentioned before and again reiterated by the Death Penalty Information Center in Washington, DC, death penalty cases require high expenditures, mainly because of re-trials to rectify previous errors. “California’s Commission on the Fair Administrationof Justice, for example, has stated that the state is spending $138 million a year on the death penalty. For the 670 people on its death row, the state spends $90,000 per inmate per year in addition to the $34,000 expenses towards meeting the needs of a prisoner serving a life sentence.”(The Price of Death, pg 5) These, if one cares to observe, are not measly figures and sure does serve to increase public vehemence, for ultimately the costs have to be borne by the public. Although a Gallup poll last year found that a lot many are still in favour of capital punishment, support declined from 69 percent in 2007 to 64 percent in 2008 which is in sharp contrast to the 1994 figures when 80 percent of Americans supported it. (The Price of Death, pg 5) One important factor that has led to the change in public opinion is ’belatedly proven innocence”. (The Price of Death, pg 5)It has also been observed that race has been a criterion in the pronouncement of death penalty. “Studies over the past two decades have shown that people convicted of killing whites were three times more likely to be sentenced to death than those convicted of killing blacks”. (The Price of Death,pg 5) In 2008 Justice John Paul Stevens called the death penalty “the pointless and needless extinction of life”. And in a speech in 2001 erstwhile Justice Sandra Day O’Connor has stated that. “the system may well be allowing some innocent defendants to be executed.” Consider the case of Cameron Todd WiHingham, who was put to death in 2004 for having set a fire that killed his family; later, however, experts could not locate evidence of arson at his home. In 2002 the Supreme Court proclaimed that on the basis of “evolving standards of decency”, the execution of juveniles was against the Eighth Amendment’s prohibition against cruel and unusual punishment. Along similar lines, it also ruled against executing those with mental retardation. Strong statements have also been issued by the Catholic Church from time to time. Starting from the US bishops declaration of their opposition in 1980 to Pope John Paul’s emphasis of the universal church’s opposition in his 1995 encyclical Evangelium Vitae, the church’s stand has not at all wavered all along. In the Autobiography of an Execution. Last Words of the Executed, David Dow has said that he used to be in favour of the death penalty at one point of time but then he had to change his mind after learning how lawless the system had become.(Books and Arts, pg 85) “Capital punishment is known to serve three purposes: incapacitation, deterrence and retribution.” (Lund, pg 122) There’s no doubt that execution incapacitates criminals to the fullest extent. It is also believed that imposition of death penalty will deter other individuals from committing similar crimes. There is reason to believe that death penalty’s relative deterrent effect might change greatly depending on the frequency, certainty and consistency with which it is imposed, the range of crimes to which it is applicable, the nature of the imprisonment scheme with which it is compared, and even the degree of public spectacle with which executions are carried out. Few people doubt that executing criminals serves the purpose of retribution, but many believe that retribution itself is wrong.” (Lund, pg 124) There are also some interesting views on this issue uploaded on you tube: Community Conversation -- The Death Penalty in America: 2010 ( http://www.youtube.com/watch?v=Q0IzAQeaAOA ) and Death Penalty in America 11th Jan 2010 (http://www.youtube.com/watch?v=rA9bTcbMJ0A ) As noted in the American Law Institute’s “Report of the Council to the Membership of the American Law Institute on the Matter of the Death Penalty,” dated April 15, 2009, “Popular political support for the death penalty continue to remain high, with opinion polls reporting stable majorities (about 70 percent)”. (Reams) All in all, it doesn’t look like this issue is going to get resolved anytime soon. “Unfairness, high costs, victims’ needs, and innocence are important to voters’ thinking about the death penalty” (Public Opinion). Though opinions continue to vary from time to time and region to region, there is reason to believe that “Americans' views on capital punishment have stabilized” (Gross) Depending upon the severity of the crime, appropriate decision ought to be taken by the designated authority. It sure doesn’t make sense to exterminate individuals for silly crimes but then it wouldn’t be wrong for anybody to have second thoughts when the crime under question is cruel to the utmost extent. In conclusion, it would be well worth mentioning that America’s diverse heritage shines forth even during the killers’ final moments! A case in point is a 19th century Wyoming murderer who at the time of being executed begged his hangman to hurry up because, “he wanted to get to hell in time for dinner!” Works Cited Silberman Matthew. Cruel and Unusual: The Culture of Punishment in America Contemporary Sociology. Washington.Web. Mar 2010. Vol. 39, Iss. 2. pg. 154-156. McCarty Mary. Voices rise up against death penalty in Ohio. Dayton Daily News. Dayton, Ohio. Print. Feb 6, 2011. pg. A.9 The Price of Death. America. New York. Print. Oct 26, 2009. Vol. 201, Iss. 11. pg. 5. Books And Arts: Theirs but to do and die; The death penalty The Economist. London. Print May 1, 2010. Vol. 395, Iss. 8680; pg. 85 Lund Nelson. Capital punishment in America Public Interest. Washington. Web Fall 2002. , Iss. 149. 122-128 Reams Jim. Support for death penalty is strong. Concord Monitor. Concord, N.H.: Print. Jan 06, 2011 Community Conversation -- The Death Penalty in America: 2010 http://www.youtube.com/watch?v=Q0IzAQeaAOA Death Penalty in America 11th Jan 2010 http://www.youtube.com/watch?v=rA9bTcbMJ0A Public Opinion About the Death Penalty January 03, 2003 http://www.deathpenaltyinfo.org/public-opinion-about-death-penalty Gross Samuel UPDATE: AMERICAN PUBLIC OPINION ON THE DEATH PENALTY-IT'S GETTING PERSONAL http://www.lawschool.cornell.edu/research/cornell-law-review/upload/Gross-2.PDF Read More