Death Penalty or Capital Punishment - Research Paper Example

? Topic: Lecturer: Presentation: Introduction Death penalty or capital punishment is the lawful imposition of punishment by death especially for capital offenses. It has been applied by many nations as a form of punishment especially Arab nations. Herrmann (4) observes that in 2005, 94% of all executions were carried out by China, Saudi-Arabia, Iran and USA. USA is thus considered to be in the same league with terrorist nations in enforcing death penalties. Western countries have long abolished this practice. The execution of those who have committed capital offenses varies from country to country depending on the laws in place and in America it varies from state to state. Some states like Wisconsin, Michigan, New Jersey, Hawaii and the District of Columbia have already abolished the use of death penalty while states like California, Georgia, Florida, North and South Carolina, and Texas among others still enact the practice (Galliher et al. 6). According to (Berkowitz, 66), capital punishment has been in use for many years, since the time of King Hammurabi, as well as during the Roman Empire. However, it has spurred a lot of controversies along political, judicial and moral lines. The proponents of the death penalty argue that it deters crime especially homicide but researchers have over the years established that even though the punishment continues to be imposed, the states that have long abolished the practice have lower rates of murder than those that continue to use it (Morrison, 2011). This begs the question whether death penalty really deters crime. Criminologists argue that death penalty is necessary as it’s a preventive social measure however, religious leaders belief in sanctity of life thus making intentional killing immoral. On the other hand, the offenders are given a chance to defend themselves and appeal before being sentenced to death though this does not prevent innocent people from being convicted. The constitution of many states also seems to offer too much protection to the accused person which then raises the question whether this contributes to further crime. The paper will discuss the various states that support death penalty and those that do not as well as the pros and cons on the death penalty and why it should not be adopted by every state. History of Death Penalty Death penalty is not a new phenomenon as it was in existence as early a 10th century A.D in Britain where criminals were punished by hanging (Herrmann, 4). Later, they were punished by burning and beheading among other cruel means. The first person to be executed in USA was Captain George Kendall for being a spy for Spain in 1608. Nowadays, more means of execution which are more humane have been put in place such as use of lethal injection, electric chair, and gas chamber. Under the 8th amendment on the constitution, death penalty is prohibited as it is cruel and unusual but some states still enforce it. The offenders in early times did not have many protections as they do now. A death row inmate can have his/her sentence reduced to life imprisonment if s/he can prove that the sentence was racially discriminatory (Death Penalty Information Center). The convicts are also provided with defense attorneys, investigators and experts and the jury and the judge have to be qualified. They are also entitled to make appeals which are paid for using tax payers’ money. Besides, some states protect the women and the mentally retarded as well as the juveniles against such punishment. In the past, a convict was executed without delay unlike nowadays where the process is too lengthy and those convicted are rarely executed as they die of natural causes before execution; the time between conviction and execution is 25yrs hence convicts have ample time to appeal (DPIC). In the past offenders were executed for committing crimes such as; murder, treason, and drug trafficking. Many states nowadays execute the offenders for committing first degree murder although some states are calling for extended offenses to include unborn fetus, witnesses in juvenile court proceedings and domestic violence perpetrators who commit murder (Pro-deathpenalty.com). DNA evidence is also crucial in determining whether the defendant is guilty of the offence and this has led to overturning of many court cases. Death Penalty According to States Different states have different views regarding capital punishment and how it should be applied. Some states advocate for death penalty while others advocate for life in prison without parole. The political, religious leaders and the members of the public also have varied views regarding this issue. Death penalty is thus a very controversial issue with those stressing its importance in crime deterrence and those opposing it on moral grounds and considers it a waste of time and resources which can be put into more beneficial use. The state of Michigan was the first to abolish death penalty due to its origins in New York and New England who are supporters of anti-gallows and anti-slavery movements. These movements were against discrimination of the minorities and capital punishment was seen as discriminatory. The likelihood of black men to be executed for committing an offense against a white victim was high. Before abolishment, there were three executions of 2 Native Americans and one white man. Much resentment against corporal punishment was felt when a white man was executed in Detroit for murdering his wife while drank (Galliher et al. 9). There was a lot of support for death penalty to be enacted; two thirds of whites, half blacks in a survey conducted from 1974 to 1977. In another survey conducted in 1982 to 1985, two thirds of Protestants and Catholics supported capital punishment but surprisingly the law was not enacted despite the huge support it got. Michigan State did not revive capital punishment on the basis that it does not have any basis on the bible which emphasizes that only God the giver of life can take life. It was also believed that the trial process is long and innocent people might be convicted and once executed, the mistake cannot be reversed. The senate also had reservations on death penalty as a means of reducing crimes. One professor argued that since only a small proportion of murderers were executed, there was no certainty of punishment hence criminals did not fear committing crime thus the punishment only increased crime instead of reducing. It was also seen as a tool to execute the poor and the minority groups. Furthermore, legislators are not willing to support capital punishment bills. Michigan abolished death penalty for all crimes except treason (Galliher et al. 16). Another state that abolished death penalty for all crimes is Wisconsin. This was much due to the fact that the population was homogenous so no support for the capital punishment. According to Galliher et al (32), capital punishment is advocated most in heterogeneous states. There were also very low murder rates and violence which did not warrant for capital punishment. The cultural traditions of Wisconsin also played a part in permanent abolishment. It practiced liberalism and legislators have to weigh costs and benefits before implementing such a policy. The law making process allows for bills to be heard publicly hence the death penalty bills rarely received public hearing as they would be shot down before then. Before, the state used to execute offenders due to lack of space or jails to put them for life but after the establishment of the state prison in 1851, more offenders could be housed for incarceration and death penalty was no longer an option. According to the death penalty information center, the US military can be executed but the president has to confirm the death sentence. Death penalty is allowed for 15offenses as per the uniform code of military justice. However, the jury must be unanimous in its verdict and sentence (DPIC). The state of California supports capital punishment where offenders are given lethal injection or gas chamber. The state has a current death row population of 714 with 16 women. The governor and not the jury have the sole authority to grant clemency. Though capital punishment is in existence, only a few offenders have been convicted in the recent past and unlike in Michigan, the practice does not enjoy public support and is in the verge of collapse. The state uses sodium thiopental for execution and the manufacture ceased to function and no suppliers are available. As a result, members of public as well as the legislators are worried on how the practice can be effective. It has been accused of being expensive, slow and more risky. A report by the ACLU of Northern California indicates that the practice has cost tax payers $4B since 1978 when the law was repealed with no guarantee of reducing criminal activities (DPIC). The California people now need the government to do away with capital punishment in favor of life imprisonment without parole as it’s less costly and puts criminals off the streets for good. Coates (2011) notes that Texas has the largest number of death penalty convictions and executions. Executions before 1976 amounted to 755 and since 1976 there have been 472 executions. Currently there are 322 death row convicts and 10 women. The punishment is by a lethal injection and the defendant can get death sentence for a felony in which s/he is not responsible for murder. The punishment is decided by the jury. In New York, there have been no executions since 1976.The punishment was considered unconstitutional in 2004 through people Vs Stephen LaValle case. Contrary to the other states, a defendant in this state can’t get death penalty for a felony not responsible for murder (Deathpenaltyfacts.com). Pros and Cons of Death Penalty Many arguments have been advanced regarding the suitability of death penalty for capital offenses. The legal process is considered very costly and a burden to the states that enforce it. Such huge amount of money can be used for other purposes such as education, employing more law enforcers and investigators to curb crime and restore security for the community. For example, Texas uses $2.3m per year, Florida $ 51m and California $114 m in execution cases. This is much more than the states would spend to put the criminals under imprisonment without parole and take them out of the street for good to reduce crime (Meyer & Grant, 34). Death penalty cases require very quality judge and jury to determine the cases so as not to put innocent people to prison. It also requires a strong defense for the offender and state attorneys, investigators and experts hence incurring more costs. There is also a long delay in assigning lawyers for appeals hence making it difficult and more expensive. The inmates also require single cells before execution and this adds to the housing cost. States like Colorado are considering diverting funds to solve old cases Despite the high costs, there are no guarantees that capital punishment will deter crime. It has been established that the states with death penalty have the highest crime rates (Pete, 82). The southern region which has the highest number of states enforcing capital punishment has the largest murder rates. In 2007, it had an average murder rate of 5.5 whereas states without the death penalty had 3.1 (Gill, 2011). Moreover, it has also been established that the poor and the minority are the most executed compared to the whites and the rich. Geller et al (32) argues that racism plays a role in determining those to be executed. The jury is mostly comprised of the whites as opposed to the blacks. Innocent people have also been executed and once it is done, it cannot be reversed. For example, Thompson was convicted of murder and rape under Briggs initiative but his co-defender was later found guilty of the offense and Thompson as an accomplice. However, the decision had already been made and could not be reversed (Morrison). The large number of innocent people who have been convicted and released in many states after new evidence emerges proves that innocent people are executed. The defense attorneys are expensive hence the defendants cannot their own attorneys. This affects the quality of representation as the hired attorneys are few thus they are overworked, underpaid, and some lack experience in dealing with death penalty cases. As a result, the defendant may end up being declared guilty while s/he is innocent. Furthermore, death penalty is applied at random depending on the quality of legal counsel, and jurisdiction of the crime and not the facts of the crime itself (Deathpenaltyfacts). For example in China, a 21yr old musician student who accidentally knocked a woman and then silenced her by stabbing her with a knife was executed within a year. Most people believe he was executed because he was believed to be rich hence more public outcry for his execution. If it was in America, it would have taken much more time for the case to be determined and the musician may not have been executed (Coates, 2011). China is very fast in carrying out executions compared to US. The victims of murder suffer a lot due to lengthy process of the case and the costs involved. They demand justice but it takes a long time to be achieved and in most cases the offenders die of natural causes awaiting execution. If the victim’s family is seeking retribution, then this is not achieved. The amount spent on death penalty cases can go a long way in helping those families to come to terms with the situation through counseling and other services. Gill (2011) argues that punishment must fit the crime hence punishment for killing is death. However, religious beliefs do not allow people to kill. Life is sacred and every human being has a right to be given a chance to change thus death penalty is not an option. Human rights convention safeguards people’s lives hence death penalty is a human right abuse. Life in prison without parole is more acceptable as it gives the convicts time to reflect and change. The proponents of death penalty argue that it deters crime. Severe punishment acts as a warning to future offenders to stop their acts. Psychologists would argue that people engage in rewarding behaviors and avoid punishment or engage in where benefits are more than costs. A rational individual would thus desist from committing a crime that would warrant his/her life. This in turn reduces crime. However, inconsistencies need to be eliminated to make it work. For example in Oregon, killing a regular law enforcement officer is a capital offense but killing a reserve officer is not (prodeathpenalty.com). Death penalty is also a punishment for a capital crime. It is the only way to punish a person who takes another persons life. It gives the victim’s family a sense of justice for their loved ones. Without stiff rules, such crimes would escalate. Conclusion Death penalty is a very severe punishment that mankind imposed on himself. It continues to be in use in China, Saudi-Arabia and US. In the United States, each state has its own discretion in applying the law and most states have already abolished it. This is due to the fact that it is a very expensive, lengthy, and harmful for families due to the agony they experience. Most western countries have also abolished the law and abolishment movements continue to fight against human rights violation in form of death penalty. On the other hand, it is believed that death penalty deters crime and this is positive to the society. Emerging trends show that most people are against death penalty hence its future is bleak. References Berkowitz, B. A. Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures, Oxford University Press, 2006 Coates, T. “Some Perspective on the Death Penalty,” The Atlantic. June 8, 2011. http://www.theatlantic.com/national/archive/2011/06/some-perspective-on-the-death-penalty/240134 Galliher, J., Koch, L., Keys, D., Guess, T. America Without the Death Penalty: States Leading the Way, University Press of England, 2005. Gill, K. “Pros and Cons of Death Penalty”About.com Guide. July 25, 2011. http://www.uspolitics.about.com/od/deathpenalty/i/death-penalty.htm. Herrmann, J. The History of the Death Penalty in the United States: Presented and Analyzed on the Basis of Selected US Supreme Court Cases, Grin Verlag, 2007. Meyer J. F. & Grant D. R. The Courts in Our Criminal Justice System, Prentice Hall, 2002 Morrison, P. “Patt Morrison Asks: Donald Heller, Death-Penalty Advocate No More,” Death Penalty Information Center 2010. Los Angeles Times, July 16, 2011. www.deathpenaltyinfo.org Pete E. Circumstantial Evidence: Death, Life, and Justice in a Southern Town, Bantam Books, New York, 1995 www.prodeathpenalty.com www.deathpenaltyinfo.org www.deathpenaltyfacts.org Read More