Death Penalty Dilemma - Essay Example

The death penalty is a continuously debated topic, specifically because of the implications that are associated with the legal and moral concepts of the penalty. The death penalty is one which continues to be practiced and justified, specifically because it has been written into the Constitutional framework as justice when an individual has committed a crime, such as murder. The idea of punishable by death; however, is one which is now questioned because of the belief that one doesn’t have the right to take another life. While the death penalty creates questions on the morality and terms of the penalty, it is also impossible to determine whether this justification is right or wrong. Examining the use of the death penalty, historical attributes and the different viewpoints shows that there are controversies that allow the penalty to continue to be practiced within society. The concept of the death penalty is one which continues to remain questionable, specifically because of the moral implications which are associated with this. Despite the debates, the penalty continues to be practiced within this time frame. The problem which is now arising is based on the intent of murder as well as the question of whether a life should be taken from an individual. The several debates show that there isn’t a way to justify the death penalty and the reason to kill an individual because of the crimes committed. The questions that arise from the debates as well as the problems which are continuing to arise with the circumstances within the death penalty are some of the many reasons that the death penalty is one which can’t be attributed or practiced in society. The death penalty first began in the United States in the 17th and 18th centuries when colonialism was still functioning as the main structure in society. The most common reasons for the death penalty ranged from treason to murder, burglary, counterfeiting or arson. The American colonies justified this because of the smaller communities which were trying to build and the several problems which arose when the communities were hindered by the difficulties which arose. The punishment system was also not in place, making the death penalty a reasonable option to stop the crimes in the community and to ensure that there were controls on those who committed crimes within the region. It was also known that the political and religious traditions were developing in a more conservative manner, which led to little debate over the death penalty and the approaches which many took when looking at the purpose used for this type of punishment. It wasn’t until the development of the United States at later time frames and in relation to the growth of prison systems that the alterations were made within the system (Banner, 2003). The death penalty is currently practiced by 34 states and is prohibited by 16 states. Out of these states, there were 1260 executions which were performed between the years of 1976 to 2011. It is noted that there are racial differences with those who are tried with the decision to face the death penalty with 56% being white, 7% Hispanic, 35% black and 2% other. It was also noted that there were frequent patterns between the race and the death penalty with the race of the victim and the race of the defendant making a difference in the number of executions which were performed by each state. Other demographics which are associated with this are inclusive of juveniles, which include 22 youth that have faced the death penalty, as well as several which have faced the death penalty while being diagnosed with mental illness. It has also been found that an average of 130 individuals was released from prison since 1973. They were tried for the death penalty and were later found as innocent (Death Penalty Info, 2011). The complexity with the death penalty first comes from the other facts that are based on the penalty and its effectiveness. The penalty was first used as a control for prisoners and as a way to stop individuals from causing complexities within society. However, it today doesn’t work as a strong deterrence with criminals, with over 88% stating that it wasn’t a factor in considering a crime. It has also been noted that the public remains divided with the issue because of the moral and social opinions as well as the question of whether it is effective for punishment. The division includes 39% that believe the prisoners should stay in prison for life without restitution while 33% believe that they should receive the death penalty. The other two of life without parole was at 13% and life with parole at 9% (Death Penalty Info, 2011). The concept of the death penalty is one which is opposed because of the moral implications as well as the questions of whether it is a viable solution, specifically because of the other options which are available for imprisonment. The concept is one which questions the validity of a judgment and whether an individual can be considered as completely guilty to be tried to death. This is associated with the several that have been tried for the death penalty and later have been found innocent. The complexity of the court system raises this as a question, specifically because many legal issues may be raised that change the innocent or guilty aspect of an individual. This is furthered by the question of the legal system being based on monetary needs and the amount of defense which an individual can afford. This often alters the judgment of the court and can lead to the accountability of innocence for an individual. The challenge which is raised is based on taking the focus off the death penalty and instead creating a system that is able to provide stronger justice both morally and in terms of the processes used to determine if one is innocent or guilty (Innocence Project, 2011). Even though there are several which state the death penalty is one which can’t be justified, others believe that one who has created a murder which can’t be justified should receive the same punishment. This is based on the lack of value for life that the criminal creates toward the situation. It is also based on the belief that if the criminal has the capacity of being released in the future that it won’t protect the innocent. This is combined with the concept that the system of justice, while not right all the time, is able to create a sense of controls by using the death penalty for the problems which arise in the system and which create complexities among criminals. The system is able to use the controls of proving innocence through the use of timing for the death penalty as well as other alternatives which are available. From this viewpoint, there is the ability to create a belief that the death penalty is a way of justifying the crime which has been committed within society (Clark County, 2011). An example which shows the complexity of this debate is through the case study of Greg Wilhoit. The story of Wilhoit is based on the belief by the jury that there was a murder committed by Wilhoit. The trial led to the belief that Wilhoit killed his wife specifically because a bite mark was found on his wife which was believed to be from Greg. In the initial judgment, Wilhoit was deemed as guilty without opposition from the jury. However, it was noted that this was problematic because the lawyer which Wilhoit hired was a known alcoholic and was unable to represent Wilhoit. Wilhoit was immediately placed on death row, where he waited for five years. The following year, Wilhoit hired another lawyer who moved through the case for four years to prove the innocence of Wilhoit. The innocence from the case was proven and allowed Wilhoit to be released from prison. However, he hasn’t recovered from the experience, lives off social security and suffers from PTSD because of the experiences within the court as well as from the loss of his wife and the lost relationship with his children (Vollersten, 2011). This particular case study is an example of the complexities of the death penalty and how the system is one which questions whether the penalty can be supported. The initial use of the death penalty was based on the need to create a change within the system and to regulate crime within the community. However, the court systems of today have created an alteration because of the complexity of legalities and judgment systems. This often leads to individuals being placed in prison without a fair trial or while being innocent. At the same time, most criminals aren’t deferred from the death penalty when deciding to commit a crime. These several concepts, as well as questions of morality and political governance then create questions of whether the death penalty can continue to be implemented with just cause. The case studies and statistics both show that the changes in today’s society lead to the understanding that the death penalty can not be attributed to being a just means of punishment when a crime is committed. Annotated Bibliography 1. Banner, S. (2003). The death penalty: an american history. Harvard University Press. A Book covering our American history as it relates to the death penalty. 2. Dieter, Richard. (2010). Death penalty information center. Retrieved from http://www.deathpenaltyinfo.org/contact-dpic This website is an informational database which includes facts and stats on the death penalty. 3. Scheck, B., & Neufeld, P. (1992). The innocense project. Retrieved from http://www.innocenceproject.org/about/ Website containing statistics, facts, as well as true stories of innocent people who were exonerated and/or are on death row. 4. Stewart, S. (2010). Methods of execution. Retrieved from http://www.clarkprosecutor.org/html/death/methods.htm Within this website I am able to extract information regarding history on execution methods from 1913 to date. 5. Vollertsen, Nancy. (2008, March 28). Innocent and condemned to die. Retrieved from http://www.deathpenalty.org/article.php?id=50 This webpage discusses the life story of Greg Wilhoit. Read More