Disparity in Capital Punishment Between the Northern and Southern States - Assignment Example

English 101 Disparity in Capital Punishment between the Northern and Southern s Introduction Over the of two centuries capital punishment has fallen into and out of favor. Public hangings were at one time crowded with onlookers, many times families and children would attend these public spectacles. This was ceased in the nineteenth century, with thoughts that it would be more appropriate if it were conducted within prisons, away from the scrutiny of the public. In 1846 Michigan became the first State to eliminate the death penalty altogether. Historian Louis Masur has argued that the death penalty might have gone and been eliminated in all States, had the civil war and its brutality not occurred (Mcfreely). Elected officials during the civil war era gave complete authority over executions to the State level of Government. This led to the institutionalizing of the death penalty though it was done this way to restrain Judges from acting overzealously. With capital punishment reform also came newer ways of carrying out the capital punishment. The close of the nineteenth century saw the advent of the electric chair for use in capital punishment and lethal injection later became a manner used considered more humane. During the late nineteenth and early twentieth century race relations were at fever pitch and many executions in the South took place, handled by groups of white individuals in lynching that involved hanging black individuals with no trial of any nature. When this lynch mobbing had nearly ceased in 1930, authorized execution rates rose. The reaction of Americans following World War II to the heinous crimes committed and the 6 million Jews who had been killed by State order gave Americans second thoughts on using execution as a means of punishment. There were no executions in the United States whatsoever between 1967 and 1972. The end of the death penalty came at a time when the civil rights movement was striving hard in this direction, claiming a disproportionate number of blacks was being executed over whites for the same or similar crimes. At the conclusion of Vietnam and the civil rights movement legislature sought ways in which to make the death penalty seemed humane and fairly administered, administered without regard to skin color. As a result many States required the Supreme Court to review the case before a capital punishment could be handed down. A later case brought before the Supreme Court was shown fair and just leading the way for the death penalty’s return in all other states. There was much excitement and eagerness on the part of the pro death penalty lobbyists for the first man, named Spenkelink, to be executed to be white, avoiding any racial conflict in an already tense situation. Despite dramatic last minute appeals Spenkelink was put to death in the Florida electric chair in 1979. Executions Since 1976 there have been 1278 executions. In 2012 there has been only one and there were 43 in 2011 and 46 in 2010 (Number…). Texas and Virginia alone account for 586 executions, nearly half of all executions to date with Texas outnumbering Virginia at 477 executions and Virginia reaching 109. By region the South has a considerable lead with 1049, while the Northeast has total only 4. The West and Midwest has total 225. The greatest disparity is obviously between the South and the Northeast, with a greater disparity between the State of Texas and the rest of the country. Numerous opinions and studies have been done to determine the reason for this disparity. Texas Though Texas has a system of at least nine checks by the court in reviewing death penalty cases studies have cited the state as unfair and biased when it comes to capital punishment. Racial bias, prosecutor incompetence, inadequate representation for those without financial ability and phony experts are but a few of the accusations made against the state’s criminal justice system. A 2000 analysis by Ned Walpin using data from multiple sources and interviews examined why Texas is so far ahead of the rest of the country in capital punishment. Texas Appellate Judges are elected officials and as such they frequently use harshness on crime as a selling point in becoming re-elected. Some suggest that elected Judges are of a lower quality and do not consider as extensively capital cases. Opinions can vary greatly from prior court decisions in passing sentences and often do not take other similar cases into consideration. Texas also does not have an indigent public defender system and must depend on court appointed attorneys who may not have any experience in capital cases. Because the constitution does not specify lawyers; necessary credentials in capital cases, it is difficult at best to prove that an inept defense is to blame when appealing. Mitigating evidence was not allowed to be considered by jurors prior to the early 90’s during the sentencing phase of any trial and this is thought to be a factor in many cases that involve mental illness and a defendant’s age at the time of a crime. Many cases that are now in the appeal process are using these circumstances. The Governor does not have the majority of the clemency ability such as in other states and the Board of Pardon and Parole is the deciding agency. Laws expediting appeals and clemency hearings have substantially reduced the amount of time prisoners actually spend on death row and in most states the fact that prisoners spend longer lengths of time on death row equals more opportunity for evidence to be found and the appeals process to grant a commuted sentence to life. Virginia While Virginia follows behind Texas they are much higher in the number of inmates actually executed who have been sentenced to capital punishment. In 2010 their rate of actual execution of those who were sentenced was 72% while Texas has only executed nearly half of those sentenced. On average Virginia inmates spent the shortest amount of time on death row at just 7 years while the national average is twice that at 14 years. Between 1975 and 1995 only 18% of cases were reversed in appeals court with the national average during the same time period being 68% (Virginia). Expedited appeals processes seem to be the primary reason that Virginia follows second behind Texas being closely ahead of Oklahoma and Florida. While it is true that the South region greatly outnumbers Northern states not all Southern states are ranked high in executions. Tennessee for example has had only 6 executions during the same time period with only 86 inmates currently on death row. The Governor has sole clemency power and white individuals make up most of the population despite being a Southern state, which demonstrates a lack of prejudice in sentencing. It is likely that Judges are more favorable to life prison sentences and more thought and consideration of the punishment is used before passing a capital sentence. Race Since 1977 seventy-seven percent of those executed have been found guilty in crimes that involved whites while only 15% of crimes involved African-Americans. A study concluded in 1990 that race was the single most prominent factor in deciding which defendant’s received the death penalty. This would factor in the South being higher in executions if the majority of those who were sentenced committed crimes against white individuals. African Americans are treated much more harshly when committing crimes against whites and they are also placed at less value when they are the victims of crime. This is obvious by the amount of those sentenced to capital punishment being much higher in white crimes. Prosecutors are much more likely to seek out the death penalty when the crime involves white citizens versus involving African Americans. Those executed since 1976 with white defendants and black victims numbered only 17 while those cases involving white victims with blacks defendants was 254. Internationally, the United States follows only behind Pakistan in executing their citizens. Conclusion I feel that the disparity between not only the North and South, but the South and the entire rest of the country is likely directly related to the victims’ race, the jury’s race, and the state climate and attitude towards the death penalty. Those states in the South use elected officials as Judges and these Judges will make every effort to be re-elected. Being stiff on criminals and passing capital punishment sentences is likely to be looked on by citizens as favorable in general though those who really study the issue are likely to be less favorable, understanding that circumstance plays a crucial role in the statistics and sentencing. States such as Texas, which provides no indigent defendant’s services such as provided in most other states, are likely to have defendant’s being represented by attorneys who are paid a very minimum amount, assigned by the court, and whom are less likely to mount the type of defense that most capital crimes in other states receive. The appeals process being expedited and the time between sentencing and execution also plays a very important role in the southern region being much higher in executions. References Mcfreely, W. S. (2011, January). Trial and Error: Capital Punishment in U.S. History. History Matters. Retrieved 2012, from http://historymatters.gmu.edu/d/5420 Number of Executions by State and Region Since 1976. (2012, January 12). Death Penalty Information Center. Retrieved 2012, from http://m.deathpenaltyinfo.org/node/257 Walpin*, N. (2000, December 05). Why is Texas #1 in Executions? Death Penalty Information Center. Retrieved 2012, from http://m.deathpenaltyinfo.org/node/583 Virginia. (n.d.). Death Penalty Information Center. Retrieved 2012, from http://m.deathpenaltyinfo.org/taxonomy/term/119 Read More