Death Penalty and the Adolescents - Essay Example

Death Penalty and the Adolescents History of Death Penalty Death penalty (or capital punishment in the most common term) is the most severe of all sentences. Restructuring of the death penalty began in Europe by the 1750s, and academicians such as the Italian jurist Cesare Beccaria, the French philosopher Voltaire, and the English law reformers Jeremy Bentham and Samuel Romilly supported this. They argued that the death penalty was needlessly cruel, overrated as a deterrent, and occasionally imposed in fatal error. Along with Quaker leaders and other social reformers, they defended life imprisonment as a more rational alternative. Countries such as Venezuela and Portugal were the first nations to abolish the death penalty altogether (http://www.richard.clark32.btinternet.co.uk/thoughts.html, 2004). The numerous advantages and benefits claimed to be part of having death penalty are (http://www.richard.clark32.btinternet.co.uk/thoughts.html, 2004): 1.) Incapacitation of the criminal - Capital punishment permanently removes the worst criminals from society and should prove much cheaper and safer for the rest of us than long term or permanent incarceration. It is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or being released from it 2.) Cost - Money is not an inexhaustible commodity and the state may very well better spend our (limited) resources on the old, the young and the sick rather than the long term imprisonment of murderers, rapists etc. 3.) Vengeance or retribution - Execution is a very real punishment rather than some form of "rehabilitative" treatment, the criminal is made to suffer in proportion to the offence. Although whether there is a place in a modern society for the old fashioned principal of "lex talens" (an eye for an eye) is a matter of personal opinion 4.) Deterrence - There are numerous and great examples that in those countries (e.g. Singapore), which almost always carry out death sentences there is generally far less serious crime. This tends to indicate that the death penalty is a deterrent, but only where execution is an absolute certainty Death penalty has been banned in many countries. In the United States, an earlier move to eliminate capital punishment has now been reversed and more and more states are resorting to capital punishment for serious offenses such as murder (http://www.duhaime.org/dictionary/dict-c.htm, 2004). The arguments for and against death penalty started with the legal issues concerning the U.S. Supreme Court's decision on Furman vs. Georgia case. During this trial it has been argued that capital punishment is a law that is evidently "arbitrary and capricious." Racial bias is one of the strongest arguments for the 'arbitrariness' of death penalty (http://justice.uaa.alaska.edu/death/history.html, 2006). As a result of the case of Furman, an estimated 600 death row inmates sentenced for death penalty have been lifted during the years 1967-1972. However, the law was studied and revised again thereby continuing the increase in the number of death penalty cases. The revised law is of two categories, namely (http://justice.uaa.alaska.edu/death/history.html, 2006): 1. Provision for guided discretion which was upheld by the Supreme Court in three related cases: Gregg v. Georgia, 428 U.S. 153 (1976), Jurek v. Texas, 428 U.S. 262 (1976), and Proffitt v. Florida, 428 U.S. 242 (1976). 2. After long consideration, the final sentencing decision will be dependent on the jury or the judge Under the new death penalty laws, the first execution in the US happened in Utah on 17th of January 1977, where Gary Gilmore was executed by a firing squad. The number of prisoners sentenced for execution dramatically increased in the years that followed. This was why on year ending 1996, 3,219 prisoners convicted of murder, were sentenced for death penalty, including 3,208 in 34 states and 11 under federal jurisdiction (http://justice.uaa.alaska.edu/death/history.html, 2006). Today, death penalty or capital punishment is virtually abolished in all of Western Europe and most of Latin America. America, Asia, Africa, and the Middle East (except Israel) retain the death penalty for certain crimes and impose it with varying frequency (http://www.richard.clark32.btinternet.co.uk/thoughts.html, 2004). Shooting and hanging are the two most common methods of execution followed by beheading and lethal injection, which is becoming almost universal in America and other neighboring countries such as the Philippines and Guatemala. Electrocution and gas chamber methods, on the other hand, are used only in America and seemed to be disappearing rapidly. Stoning for sexual offences including adultery occurs in some Islamic countries. China with a quarter of the world's population carries out the most executions (by shooting) for a wide variety of offences. Since 1998 China has been experimenting with lethal injection and like, while Thailand plans to make it the sole form of execution in the next few years (http://www.richard.clark32.btinternet.co.uk/thoughts.html, 2004). The Benefits of Death Penalty As a support for these arguments on death penalty, a U. S. Department of Justice F. B. I. statistical data highlighted the fact that most criminals released back into society commit additional felonies. Two out of three death row prisoners had prior felony convictions, and one in twelve actually had been convicted of prior homicides. Hence, removing any chance of further contact with innocent human beings, by carrying out the death sentence, effectively assures that this criminal will not commit another crime minor or not. The crimes he or she would have perpetrated on future victims have essentially been deterred (Oberg, 2000). Furthermore, when speaking of its monetary advantages, death penalty is the most efficient manner of dealing with perpetrators of heinous crimes. The long-term financial advantages of the death penalty are difficult to pinpoint, but can be estimated by comparing its costs with those of sustaining convicted criminals of similar crimes, who have received sentences of life without parole. The average annual cost for cell facilities alone is $34,200, which is considering that not all inmates in this category would be housed in maximum-security facilities. Figuring an annual cost increase of 2%, with approximately $75,000 trial and appeal expenses, the total for housing a life without parole prisoner for 50 years is $3.01 million. This is almost twice the cost of processing a death penalty case. An average of $60,000 per year for 6 years on Death Row, with an annual cost increase of 2%, and approximately $1.5 million for trial and appeals costs, the total for death penalty cases is $1.88 million. This is well below that of life without parole cases. Often, these figures are skewed to give weight to the more widely believed view that death penalty cases are more expensive, which is true at the very beginning of the case due to the increased costs of the appeals process. Clearly, however, this is not the case in the long run. (Oberg, 2000). To add up death penalty is neither a cruel nor an unusual punishment. United States Constitution's 8th Amendment related that "cruel and unusual" punishment to methods used in ages past. The 8th Amendment was created to outlaw practices such as burning criminals at the stake, boiling them in oil, or "drawing and quartering", whereas the convicted felon was tied hands and feet to four horses and literally torn to pieces. Indeed, the Supreme Court of the United States declared in its 1976 Gregg vs. Georgia decision that "the punishment of death does not invariably violate the Constitution" (Oberg, 2000). Proponents of the death penalty do not insist that the program is perfect. The lengthy appeals in death penalty cases often frustrate everyone involved, from families of victims to prosecutors and investigators alike. Most people believe that the appeals are for review of the guilt or innocence of the accused perpetrator of the crime, when in all reality the appeal only evaluates the sentence of death. This system would be much more efficient if the appeals process was instead focused on reviewing the finding of guilt or innocence. The sentence of death could then be carried out without further delay, once guilt has been upheld. In this manner, true justice for victims, their families, and for society as a whole, will have been bestowed (Oberg, 2000). Death Penalty and/or versus the Adolescents According to the statistics given by the FBI, there are actually three types of crimes being committed. First, crimes against the person - or violent crimes - are defined as crimes against people that involve violence or the threat of violence. Examples are murder, rape, aggravated assault, and robbery. Secondly, crimes against property - or property crimes - are defined as crimes that involve theft of property belonging to others. Examples are burglary, larceny-theft, auto theft, and arson. A third category, victimless crimes, is defined, as violations of law in which there are no readily apparent victims. Examples are gambling, prostitution, and the use of illegal drugs (http://www.geocities.com/tdeddins/deviance.htm, 2004). Such classification of crimes is form of deviant behaviors that adults, teenagers and even youngsters do. The incident when John Mohammed and John Malvo, obtained an M-16 rifle and used it in killing nine victims, injured two, and stroked fear into a nation (Lluncor, 2003). The Columbine tragedy that resulted to distraught of students, who, with guns in their possession, were able to forcefully exhibit their rage. Opponents argue that these boys were inspired by hateful music or pushed to the edge by insensitive bullies. Yet, without guns, these boys would not have been able to end the lives of classmates nor ravage the psyche of America (Lluncor, 2003). Based on statistics, nearly one million eighth graders admit getting drunk and another 1.2 million twelfth graders are considered binge drinkers. Heroin use by young adults has doubled from 1991 to 1996 and even teenage compulsive gambling is on the rise (http://www.einstein.edu/e3front.dlldurki=8576, 2004). Alcohol alone kills 10,000 young adults each year. Drug and alcohol abuse can also lead to other risky behaviors, such as drunk driving, unprotected sex, date rape, suicide and violence (http://www.einstein.edu/e3front.dlldurki=8576, 2004). These are just some of the facts and figures serving a very good example of criminal acts that are committed by the adolescents in the US. What is quite alarming is that these adolescent-related crimes are becoming highly prevalent, bringing more and bigger problems to society. In February 1963, Gary McCorkell, a 19-year-old sex offender, was scheduled to be hanged. But just days before his execution, the then Liberal cabinet of Lester Person commuted McCorkell to life in prison. Less than 20 years later, McCorkell was arrested, tried, and convicted for the kidnapping and rape of a 10-year old Tennessee boy. He was sentenced to 63 years in prison. Prior to leaving Canada, he was sought by Metro Police in the attempted murder of an 11-year old boy. What this has gained Had McCorkell been executed in 1963, two boys would never have had to go through the horror of being sexually abused. These individuals may themselves become sex offenders, as many sex offenders were sexually abused as children. (http://www.essayworld.com/essays/legal/870.shtml, 1998). Such is an example of adolescent related cases where death penalty could have been a lot useful. In 2004, an argument regarding death penalty and adolescents have been raised. The US Supreme court has implied that the death penalty for teenage murderers should be minimized because this is considered as a "cruel and unusual punishment". The court has further implied that moving down the verdict of capital punishment is just because society has reached a consensus that adolescents are less culpable for their actions than adults (Savage, 2004). Going back in 1998, the court had already struck down the death penalty for crimes committed before an offender reached the age of 16. A year later the court decided to decline the extension of not putting the 6 and 17 year old murderers into the death penalty sentence. This was lifted on the grounds that there was no consensus if it was really immoral to execute people for crimes committed as older teenagers (Savage, 2004). However, it should also be noted that as early as 1989, the number of states that were allowing and carrying out the juvenile death penalty has been continuously descending. Eventually, all other countries except Somalia have formally rejected the punishment for juveniles Savage, 2004). Hence it's the US and Somalia only, versus all other countries that allow death penalty for adolescents. Now it is a big question if adolescent murders should really be subjected to death penalty. Will it provide greater justice to the victims and to the adolescent law offender him/herself Until now, the issue is still on going. Some countries have remained committed into not subjecting the adolescents in any capital punishments and posing them to other attitude or moral-boosting counseling cum punishments instead. Meanwhile there are also countries (like the US and Somalia) who have remained very strong in arguing that adolescent murderers deserved to be punished in a way that they could no longer commit the same crime, hence the death penalty. References: "Capital punishment." 2004 [online] Duhaime.org. . "Capital Punishment: Pros". 1998 [online] "History of Death Penalty". 2006. [online] Lluncor, Ben. Gun Control In America. December 2003. The Pen. [online] Oberg, Cynthia G. May 2000."The Death Penalty - True Cause for Justice" [online] Savage, Charlie. October 2004. "Supreme Court justices weigh limit on death penalty." The Boston Globe. Knight Ridder/Tribune Business News "Thoughts on the death penalty" 2004. [online] The Economist. Home on the Range. 26 March 1994. [online] Treatment for Adolescent Depression. 2004. [online] What is Deviance [online] Read More