Death Penalty as a Punishment to Capital Offenders - Term Paper Example

Introduction Death penalty is punishing a person for an offense through execution following a judicial process. Death penalty is also referred to as capital punishment. It is a severe punishment inflicted upon a person after committing a capital crime or offence. The drug traffickers, murderers, rapists and violent robbers are considered capital offenders. Electrocutions, hangings, shootings and injecting lethal chemicals to kill capital offenders are some of the ways under which executions occur. Simon and Blaskovich (2007) stated that United States of America is one of the civilized and democratic nations to retain and apply regularly the capital punishment. All states in United States of America have been granted freedom to choose whether to apply death penalty or not. In 1999, ninety-eight people were executed and about three thousand five hundred and sixty-five prisoners were on the death row in 2000. Death penalty is perceived differently by different members of the society. To some, capital punishment provides ultimate solution to reduce or eradicate the vice while to others, it is brutal and a disgrace to a civilized society. To understand the magnitude of death penalty, it is important to know the views of both the opponents and proponents of death penalty as a punishment to capital offenders. Arguments in support of death penalty First, supporters of death penalty argue that capital punishment is a sure way of eliminating worst criminals and making the society safe. This is because when capital offenders are removed from the face of the earth through a judicial process, they are stopped from committing further worst crimes. Worst criminals must be executed because they may commit the same worst crimes if released back to the society or escape from prisons walls. Furthermore, they may commit worst crimes in the prisons that host them. Therefore, terminating their existence through the judicial process is considered appropriate. Secondly, death penalty is considered retribution. The families and friends of victims of murder or rape may feel that justice has been delivered by executing the perpetrators that caused death or anguish to their loved ones. The perpetrators deserve death because it is a punishment proportional to committed offenses. Thirdly, death penalty acts as a strong deterrent to potentially worst criminals. This is true especially where execution is carried regularly and immediately. In Britain and United States of America, the rate of worst crimes such as murders reduced significantly when the death penalty was in force and regularly applied. When Britain abolished capital punishment in 1964, the rate of unlawful killings doubled from 0.68 per 100,000 people to 1.42 per 100,000 people. In the United States of America, the unlawful murders dropped by 26 percent when most states increased the use of death penalty. Other countries that have registered significant reduction of worst crimes due to application of capital punishment include Singapore and China. Death penalty is appropriate to deter crimes that require planning because potential criminal has time to think of the possible consequences when caught. The criminal who do not benefit from imprisonment or treatments in the society is likely to recommit worst crimes should be executed. Arguments against death penalty First, death penalty is unacceptable because a miscarriage of justice may occur. Innocent people may be executed since the police, courts of law and the general judicial system may be flawed and they cannot be trusted to be correct all the time. McAllister (2003) said that former UN Secretary General Kofi Annan admitted that frail and fallible states as well as governments should not be trusted to carry out executions because mistakes may occur. Bedau and Cassell (2005) gave an example of Rolando Cruz who narrowly escaped unjust execution after he was found innocent in Illinois in 1995. Because there could be miscarriage of justice at the present or in future time, the former Governor of Illinois George Ryan pardoned four prisoners on death row and further committed other one hundred and sixty three to life imprisonment in 2003. This is because he noticed that there were flaws in the criminal justice system of his state that could lead to execution of innocent men and women. Once the mistakes occur, it is impossible to compensate the innocent person who died due to flaws in the judicial system since he or she cannot be brought back to life. Secondly, insane persons and children may be victims of executions. Yet children may have committed the worst crime unknowingly or with ignorance. Simon and Blaskovich (2007) revealed United States of America executes mentally retarded persons and highest rate of children as compared to other countries that allow children execution. In fact, one hundred and sixty children have been sentenced to death since 1973. The coalition to abolish the death penalty (NCADP) campaigned against executing children and insane offenders. According to McAllister (2003), one Supreme Court expressed concern over sentencing children to death row by stating that children who commit worst crimes are victims of failed state and family as well as failed school and social system. Thirdly, the application of death penalty in the United States of America is Discriminatory. According to McAllister (2003), more Africans Americans juveniles face execution in the United States of America. Therefore, a serious state or a nation that desire to reduce crime by applying death penalty should execute every worst offender irrespective of his or her sex, age and background if equality is to be realized in executing the worst offenders. Fourthly, of all the prisoners under death row, ten percent are expected to be retarded. The worst offenders may be sick. It is pointless to put genuinely mentally ill people to death when they commit offences. This is because they are not conscious of their actions. Instead, they should be treated to enable them live normal lives. Capital punishment should only be used against people who are consciously evil. The states and government should develop efficient systems that help to distinguish between genuinely mentally ill persons and those who commit the worst crimes knowingly. It is important to develop ways of predicting the sick people who are likely to commit violent as well as murderous crimes to prevent them from executing them. Fifth, the people who hands over the death sentence suffer the psychological torture and anguish. According to Bedau and Cassell (2005), Alex Kozinski suffered sleepless nights when Thomas Baal was about to be executed. According to Judge Kozinski, Mr. Baal did not deserve execution because his victim Frances Maves provoked him to commit murder on February 26, 1988 after resisting his robbery. Had Frances Maves cooperated, he would not have died. Alex Kozinski said that different crimes do not warrant the same sentence. He specifically pointed out the kind of people who deserve to die by giving an account of three defendants who tortured and murdered their victims without provocation. Alex Kozinski said that the defendant and three others who murdered Jerry Alday family after robbing them and killing them at close range should die. Furthermore, the same criminals raped, beat, bound, blindfolded, murdered and mutilated the body of Jerry’s wife did not deserve to live. This is a proof that not all judges are happy when they sentence people to death. This is because they have deep convictions that it is only God who have the right to give life or death. Therefore, under no circumstances should they end the life of other people. Sixth, capital punishment is perceived as savagery. Death penalty is brutal and disgrace to the human race. Every person should act as brother’s keeper. The society automatically fails to do justice by condemning wrong doers to hang or electrocution. According to Katherine and Westcott (2009), abolishing capital punishment does not involve freeing the offenders or interfering with the law of justice. Instead, it is declaring and demanding the spiritual rights of all persons irrespective of age, sex and race. Most religious people especially the Christians believe that putting a person to death for the offense committed is letting the soul into darkness and despair for eternity. The people who are guilty of worst crimes are seen as weaklings and killing them lead to intimidation and arousing their lower natures. In addition, capital punishment is revenge, creates more hatred and does not restore dignity to the fallen humanity. It is perceived as the tide of vice and degradation in the society. Religious people believe that the cause of crimes is diversion from God’s purpose to mankind and the only solution is attaining the highest point of spirituality. Thus people who commit crimes can be changed through the spiritual effort and not eliminating them. Therefore, gaining the highest level of spiritual attainment is the ultimate cure that helps the person to identify what is wrong and right, give courage to declare and do the right thing. Finally, it provides the sustaining power to uphold the laws that promote betterment of human beings. Seventh, the families, friends and neighbours of death row prisoners undergo indescribable stress and anguish before and during executions. It is difficult to believe that their loved ones are guilty of serious crimes and face imminent death. Eighth, the treatment of death row prisoners is inhumane. According to McAllister (2003), death row prisoners are abused as the law enforcers use unethical tactics to manage them. The new rules at SCI-Green Prison in Waynesburg limited death row prisoner’s personal property to shopping bags. In addition, it restricts family visits, phone calls, banned food in the cells and forced them to remove family photographs. The flashlights used for hourly prisoner counts deprive the prisoners sleep. The death row prisoners were also denied religious services and heath care services. For example, in March 2001, Eddie Brown died of heart attack because he was denied medical attention when he needed it. According to criminal lawyer Yolanda Torres the conditions of death convicts were atrocious. The inmates were confined in cubicles more like boxes. However, people convicted of serious crimes are real people with life and capacity to feel pain and fear and should be treated as people with souls. There are numerous calls to end the capital punishment especially based on likelihood of miscarriage of justice and morality. Everybody is a capable of committing murder. Therefore, it should be considered that we or our loved ones are risk of being executed for committing murder. Finally, criminals are less likely to be executed because serial killers will be found insane and the drug barons will intimidate witnesses to obscure justice. In addition, death penalty is not appropriate when the crime is spontaneous. This is because the offender has no time to think of the likely consequences following their actions. Therefore, murder committed spontaneous should not be punishable by execution. There is direct correlation between the application of death penalty and reduction of worst crimes. However, it is possible to reduce the rate of worst crimes by instituting policies that give zero tolerance to crimes as in the case of New York. Furthermore, improved medical techniques and responses to crime can help reduce the number of murders caused by criminals thus reduce the number of prisoners on death row. Conclusion In conclusion, by examining the above advantages and disadvantages of death penalty, it is evident that death penalty is not appropriate to a civilised nation like the United States of America. The rot in the society that give rise to worst criminals need to be corrected to find long-term solution to the death penalty problem. There is no better way putting a person to death. Every form of execution causes the suffering to the prisoner because execution is terrifying ordeal for the criminal. Death row prisoners suffer mentally before and during execution. It is extremely hard to think and imagine how one feels knowing he or she will die tomorrow morning at 7.44 am. Finally, every punishment must be fair, just, adequate and enforceable. Therefore, it is important to distinguish dreadful crimes from less dreadful one to administer justice as required. Simon and Blaskovich (2007) revealed that three protocols have been implemented with a view of banning the death penalty punishment for worst crime offenders. Opponents of death penalty should support these positives moves. The voices of men and women against capital punishment such as those of Sister Helen Prejean must not be ignored because there are genuine concerns that must be considered. To worst criminals, death penalty may be acceptable but is questionable in case of less awful crimes. References Bedau, A. H. & Cassell, G. P. (2005). Debating the death penalty: should America have capital punishment? : The experts on both sides make their case. Oxford: Oxford University Press Pam McAllister, P. (2003). Death defying: dismantling the execution machinery in 21st century U.S.A. USA: Continuum International Publishing Group Simon, J. R. & Blaskovich, A. D. (2007). A Comparative Analysis of Capital Punishment: Statutes, Policies, Frequencies, and Public Attitudes the World Over. London: Lexington Books. Tingley, K. & Westcott, A. (2009). To Abolish Capital Punishment; A Plea to the Citizens of Every Country. USA: BiblioBazaar, LLC. Read More