Capital Punishment: A Barbaric, Outdated Practice - Essay Example

Capital Punishment, a Barbaric, Out d Practice The fundamental reasons society punishes criminal behavior can be classified into two areas. One is to obtain desired consequences which include protecting society, obtain reparations from the offender and to deter that person and other potential offenders from the commission of crimes. The other, retribution, or vengeance, involves punishment for a wrong perpetrated on society. Throughout the history of civilization this rational has not changed substantially. Aside from deterrence, the central reasoning for proponents is vengeance guised as ‘justice for the victim and their families.’ Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death. Opponents also maintain that the practice is racially biased, overtly costly and does not achieve the intended outcome. Capital punishment opponents argue that the practice does not deter crime, which statistics reprove. Opponents also deny that the death penalty is a deterrent to crime because of the nature of the reasons people commit homicide. People cannot conceive their own demise therefore cannot contemplate or appreciate the consequences. In addition, these crimes are usually committed as a result of impulsive actions and not carefully considered beforehand. Therefore, “the deterrent case has no validity” (Donohue, 2006). If the person committing the murder does contemplate the consequences, they may kill not only the victim but any witnesses as well rather than risk being caught. Fear of capital punishment potentially increases capital crimes. Many studies have been performed to determine if the death penalty is indeed deterrence. All prevailing research indicates capital punishment is as much of a deterrent to crime as a life sentence. Further, statistics from the U.S. Department of Justice show states that do not have the death penalty actually have lower murder rates. “The average murder rate per 100,000 people in 1999 among death penalty states was 5.5 and the average murder rate among non-death penalty states was 3.6.” (U.S. Dept. of Justice, 2001). The State of Texas is widely acknowledged as executing more prisoners than any other state, a title it holds on an annual basis. A study conducted from the years 1984 through 1997 demonstrated homicides were not deterred as a result of the practice. “The murder rate (in Texas) was steady and there was no evidence of a deterrent effect. The number of executions was found to be unrelated to murder rates (Sorenson, Wrinkle, Brewer and Marquart, 1999). Punishment for crimes which are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. By definition, capital punishment is not unusual, legally speaking, unless one considers and acknowledges the racial bias that exists in the justice system. The statistics provide evidence for their claim. Since 1976, 43 percent of executions in the U.S. have been black or Hispanic. This group accounts for 55 percent of those currently on death row. About half of those murdered in the U.S. are white but 80 percent of all murder cases involve white victims. From 1976 to 2002, 12 whites were executed for killing a black person while 178 blacks were executed for murdering a white person. (“Race”, 2003). The Furman v. Georgia case of 1972, the Supreme Court ruled that the death penalty was being subjectively applied because a disproportionate amount of minorities had faced execution which made the practice ‘unusual’ (“Furman v. Georgia”, 1972). The interpretation of the Eighth Amendment has evolved somewhat throughout the years and the Court could possibly reverse this point of view sometime in the future as result of changing societal values. For example, the whipping of offenders was commonplace until the late Eighteenth Century. This practice came to be considered inappropriate because society’s opinion changed to include it as a ‘cruel’ punishment. With respect to capital punishment, though, “the Court has maintained that there remains broad public support for the death penalty as a remedy for the most serious of crimes” (Mott, 2004). That’s epicenter of the problem. The High Court is basing the ruling more on broad public support rather than strictly abiding by the law. Society finally came to understand whipping did not deter crime and that it was cruel and unusual. Slavery was legal in the Southern United States for much longer than in the Northern States. The horrendous practice was immoral and obviously unconstitutional but remained in place because of public opinion. A parallel can be drawn between slavery and the death penalty. On a side note, did whipping captured slaves deter others from trying to escape? It is unreasonable to assume anything but no. Wealthy, white criminals are less likely to be executed than underprivileged minority members of society and if the victim is white or wealthy, it is more likely to be imposed. It would seem that the ‘unusual’ aspect of the death penalty continues to be a valid argument but another aspect must be present for the practice to again be abolished. A justice system that disproportionately executes its citizens cannot be considered anything but corrupt which devalues the entire system. This corrupt system is largely supported by the religious factions in this country. What could be more ironic? Individuals, scientists and researchers who have determined the death penalty is a deterrent to others who might be inclined for whatever reason to commit murder base their belief on presupposed ideology. No credible evidence is offered that supports this position. However, evidence heavily favors the notion that the death penalty does not deter a person from killing. During the past week or so, five mass killings have occurred in the U.S. Besides a small hiatus during the 1970’s, the capital punishment has sadly been a part of the American way of life. The death penalty does not deter crime and is legal only because the majority of Americans believe they must seek vengeance for murder. This is everyone’s first instinct but the laws of a society must raise above individuals initial inclinations. Our Constitution was intended to protect the minority rights from popular majority opinion. The justice system thus far has failed to live up to this ideal in this particular instance. Works Cited Donohue, John; Wolfers, Justin J. “The Death Penalty: No Evidence for Deterrence” The Economists’ The Berkley Electronic Press Voice Vol. 3 Issue 5 (2006). “Furman v. Georgia.” “The Supreme Court Collection.” Cornell Law School Legal Information Institute. (1972). Mott. Jonathan. “Is the Death Penalty Constitutional?” This Nation. April 6, 2009 “Race and the Death Penalty.” Unequal Justice. New York: American Civil Liberties Union. (February 26, 2003). April 6, 2009 Sorenson, J., Wrinkle, R., Brewer, V., & Marquart, J. “Capital Punishment and Deterrence: Examining the Effect of Executions on Murder in Texas.” 45 Crime and Delinquency. pp. 481-493. (1999). U.S. Department of Justice. (2001). April 6, 2009 Read More