Analysis of Arbitrariness of Death Penalty - Essay Example

The current cases of the death penalty in the United States of America have determined that the death penalty is arbitrary and unfair.

Evidence for Arbitrariness

Decades have passed after the sentencing rules and regulations were accepted by the Court in Gregg but the death penalty is still capriciously applied to an insignificant number of criminals. The capital punishment system is deficient in uniformity. The most atrocious murderers are not sentenced to the death penalty (Blume, Eisenberg &Wells, 2004). Unsuccessful bylaws and limitations in the capital punishment system have resulted in prosecutors falling back on their partialities regarding the worst and most sympathetic criminals.

According to Amnesty International Report, 95 percent of offenders cannot pay for their lawyers. Poor people are over and over again subjected to convictions and death punishments that equally but more prosperous offenders do not receive. Black murderers are more likely to be subjected to the death penalty by prosecutors than white murderers. Co-defendants who have committed the same crime are subjected to different punishments. Individual prosecutors decide the death sentence which depends on the nature of the crime. Offenders found guilty of crimes for which the death penalty is possible, have not received a death sentence. Two offenders convicted of capital crimes get significantly different sentences (Amnesty International Report, 2005).

Analysis of Arbitrariness of the Death Penalty

The University of Maryland conducted a study of inmates on death row in 2002 and found out that most defendants were to receive the death penalty because they had killed white people (Burkhead & Luginbuhl, 2003). There was another report which was released by the New Jersey Supreme court where it concluded that criminals involved in killing whites were more likely to receive the death penalty rather than the killers of black victims. Interviews conducted with jurors found that they decide the penalty before the commencement of the trial. The National Law Journal concluded that capital trials were ambiguous because the defense attorney is too often inexperienced, unqualified, and poorly paid (Steiner, 2004). From the above studies, it has been proven that the death penalty is applied unfairly and arbitrarily inside the United States.

Conclusion

In light of the evidence mentioned, it is concluded that the current death penalty rules and regulations are ineffective and are exposed to arbitrariness. The capital sentencing system has failed to implement the death penalty for several reasons. Racism, gender, unqualified attorneys, bias in jury selection, etc. are the factors that have affected the death sentence.