The Capital Punishment Debate - Essay Example

CAPITAL PUNISHMENT The pros and cons of Capital Punishment have comprised a long ongoing debate in the U.S. Project life imprisonment as a better alternative, pro-arguments call capital punishment inhumane, without moral basis or deterrent effect, mentally torturing executed person’s families and involving chances of miscarriage of justice. Those in favor laud it as benefitting the justice system (documents of authority allow it, possibilities of mistakes are few and the overall system is enhanced), to victims’ families (it supplies just retribution and they feel vindicated), and to society (it permanently removes criminals, potential criminals are discouraged and people feel safe and secure). In conclusion, the pros outweigh the cons because poll results of the adjudicator (the U.S public) clearly favor the practice. Capital Punishment is the lawful infliction of death as a punishment of a crime called capital offence or capital crime. In September 2007, there were 36 states in the United States that had sanctioned the death penalty, whereas 14 did not permit the practice. Between 1976 and September 28, 2007 there were 1,099 death penalty executions in the country. The most were in Texas {405} followed by Virginia {98}, Oklahoma {86}, Missouri {66} and Florida {64}, while the least {1 each} executions were recorded in Colorado, Connecticut, Idaho, New Mexico, Wyoming and South Dakota (http://www.deathpenaltyinfo.org/). The death penalty has become an increasingly controversial issue in the country, with many arguments put forward for and against it. It is my contention that capital punishment is a much needed mode of punishment in the current environment. ARGUMENTS AGAINST CAPITAL PUNISHMENT 1) Capital Punishment is inhumane The Universal Declaration of Human Rights states that everyone has the right to life and liberty (Morley http://www.princeton.edu/~lawjourn/Spring98/morley.html). Capital Punishment is also totally against the “cruel and unusual” clause that is contained in the Bill of Rights (Messerli http://www.balancedpolitics.org/death_penalty.htm). Capital punishment is like decreeing that rapists should be raped, or arsonists should have their own homes burnt down (http://www.willsworld.com/~mvfhr/capital.htm). 2) Life Imprisonment is a better alternative Life imprisonment {average 15 years} will make criminals reform themselves. Even in extreme cases, life in prison without parole {LWOP} is a better alternative to execution (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). The 1,000 adults questioned by ABC News/Washington Post during June 22-25 2006 claimed 46% supported LWOP, 50% thought the death penalty was better, while 5% were unsure (http://www.pollingreport.com/crime.htm) 3) High possibility of miscarriage of justice One cannot expect the law machinery {police and courts} to hit the right spot every time (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). A Gallup Poll conducted between May 8 and 11, 2006 of 510 adults across the U.S. found that 63% thought that persons executed were innocent, 27% thought they were not, and 10% were not sure (http://www.pollingreport.com/crime.htm). 4) Capital Punishment has no moral basis Almost every major religion including the Bibles New Testament denounces the Death Penalty as an ineffective and socially destructive punishment (http://www.willsworld.com/~mvfhr/capital.htm). Every persons right to life is given by God and only He can take life. The State has got no right to interfere in Gods divine rules. 5) Mental torture of the executed person’s family In addition to the ones executed, their family members are very adversely affected. They are made orphans or widows and their agony is prolonged by mandatory appeals and ever probing media coverage (http://www.willsworld.com/~mvfhr/capital.htm). The family and friends undergo a period of suffering, mental torture, desperation and social exclusion during the time leading up to and during the execution. The experience will often cause them serious trauma during many years that follow (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). 6) No real deterrent effect Murderers do not examine risk and reward charts before committing their crimes. Criminal will not commit crimes if they believe they will be caught. It is unlikely that a few executions each year will have any significant deterrent effect (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). Although Canada has banished Capital Punishment for many years, there are hardly any bad effects to social life (http://www.willsworld.com/~mvfhr/capital.htm). A Gallup Poll of 510 adults in the U.S. conducted between May 8 and 11, 2006 found that 64% thought the death penalty did not act as a deterrent, 34% thought it did, and 2% were unsure (http://www.pollingreport.com/crime.htm). ARGUMENTS FOR CAPITAL PUNISHMENT 1) Permanent termination of criminals Capital Punishment permanently removes the worst criminals from society. Death incapacitates them permanently and prevents them from committing any offences either within prison, after escaping or after being released from prison (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). 2) Retribution is obtained Capital Punishment is a just punishment based on the vengeance principle of ``lex talens (an eye for an eye). A criminal has taken the life or lives of other human beings, and it is only just and proper that his life should be taken away from him in retribution (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). Greek philosopher Aristotle also echoes this view, advocating “giving each his due”, which has been interpreted as “allowing the worst crime to be punished with society’s worst penalty” (Morley http://www.princeton.edu/~lawjourn/Spring98/morley.html). 3) Deterrence Crime would run rampant as never before if there was no deterrent. Life imprisonment is a soft deterrent. For most hardened criminals, more is needed (Messerli http://www.balancedpolitics.org/death_penalty.htm). Britain, which abolished the Death Penalty in 1964, witnessed a steadily rising murder rate - 300 before 1964, 675 in 1979 833 in 2004. In the U.S., the murder rate dropped from 24,562 in 1993 to 18,209 in 1997 and 15,600 in 2003 (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). 4) The victim’s family feels vindicated Those against Capital Punishment consider only the criminals, and not the families of the victims. The Death Penalty succeeds in providing solace to the victims families who have endured huge suffering. The Death Penalty brings a favorable, final end to what is certainly the most traumatic period in their lives (Messerli http://www.balancedpolitics.org/death_penalty.htm). 5) No possibility of mistake The trails and appeals system in the U.S is so proper and stringent that it is nearly impossible to convict anyone other than those guilty. Also, a jury of 12 members is required to declare the defendant guilty. DNA testing has now emerged as a strong tool that denotes a persons guilt or innocence beyond the shadow of a doubt (Messerli http://www.balancedpolitics.org/death_penalty.htm). In Chicago v. Miller, Jerry Miller was convicted in 1982 of kidnap and robbery. He was exonerated 25 years later when DNA evidence overturned the 1982 verdict. With increasing use of DNA testing {at present 40 States allow prisoners access to DNA testing} the possibility of mistakes in sentencing are radically reduced. It is reported that DNA testing has overturned 77% of wrongful convictions due to wrong eyewitness evidence and 25% due to false confessions (http://www.innocenceproject.org/Content/530.php). 6) The system of justice is enhanced The current justice framework in the U.S is perceived as being too criminal-friendly instead of rightly being victim-friendly. By adopting the death penalty, the fundamental principle of justice, viz. ‘the punishment should fit the crime,’ is upheld (Messerli http://www.balancedpolitics.org/death_penalty.htm). People who support the death penalty are not sadists but just quietly desperate that they and their families are being overwhelmed and rendered insecure by the rising tide of national crime (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). People want to live in peace, feeling that society and their country is a safe haven for themselves and their children (Messerli http://www.balancedpolitics.org/death_penalty.htm). 7) Good effect on society Capital Punishment makes people realize that it is not easy to get away with crime. The law is there to catch them, the justice system is there to convict them, and the death penalty is there to punish them. The tremendous amount of media coverage for such executions, plus the tendency of people turning up in large numbers to witness executions is, viewed in the above context, a beneficial one for society in general (Clark http://www.richard.clark32.btinternet.co.uk/thoughts.html). 8) Documents of authority implicitly or explicitly allow capital punishment Internationally respected documents directly or indirectly permit the death penalty. The American Convention for Human Rights states: “Every person has the right to have his life respected....No one shall be arbitrarily deprived of life (emphasis added)”, meaning the instrument does not prohibit all taking of human life, merely that which is arbitrary. The International Covenant on Civil and Political Rights states that no human being should be ‘arbitrarily’ relieved of his or her life. The Covenant however goes on to condone the death penalty as punishment only for most heinous crimes (Morley http://www.princeton.edu/~lawjourn/Spring98/morley.html). CONCLUSION While controversy about the death penalty continues, it is logical and fair to say the adjudicator is the U.S public. Current public sentiment in the country is in favor of the death penalty. A USA Today/Gallup Poll {May 5-7, 2006} of 510 adults nationwide found those in favor 65%, those against 28% and those unsure 7%. The ABC News/ Washington Post Poll on June 22, 2006 of 1,000 adults nationwide found those in favor 65%, those against 32%, and those unsure 3% (http://www.pollingreport.com/crime.htm). References used Clark, Richard. (N.d). Thoughts on the Death Penalty. Retrieved April 29, 2008, from U.K.binternet.co. Web Site: http://www.richard.clark32.btinternet.co.uk/thoughts.html Crime/Law Enforcement. (2008). Retrieved April 29, 2008, from Pollingreport.com Web Site: http://www.pollingreport.com/crime.htm Death Penalty Facts. (2008). Retrieved April 29, 2008, from Death Penalty Information Center Web Site: http://www.deathpenaltyinfo.org/ Death Penalty Information. (N.d). Retrieved April 29, 2008, from Willsworld.com Web Site: http://www.willsworld.com/~mvfhr/capital.htm In 200th DNA Exoneration Nationwide, Jerry Miller in Chicago is Proven Innocent 25 Years after Wrongful Conviction. (2007). Retrieved April 29, 2008, from Innocent Project Web Site: http://www.innocenceproject.org/Content/530.php Messerli, Joe. (2007). Should the Death Penalty be Banned as a Form of Punishment? Retrieved April 29, 2008, from Balancedpolitics.org Web Site: http://www.balancedpolitics.org/death_penalty.htm Morley. (1998). At the Edge of the Oath. Retrieved April 29, 2008, from Princeton.edu Web Site: http://www.princeton.edu/~lawjourn/Spring98/morley.html Read More