Is the Death Penalty Effective - Annotated Bibliography Example

Is the Death Penalty Effective? Task Thesis ment The death penalty is ineffective the death penalty is ineffective and should be abolished as a form of punishment. Annotation 1. Toure, (2013) Put to death for being black: New Hope Against Judicial system bias, Time. Retrieved on 20 May 2014 from http://ideas.time.com/2012/05/03/put-to-death-for-being-black-new-hope-against-judicial-system-bias/ Toure is the author of five widely read books that include the I Would Die 4 u: Why Prince became an icon whose interest is in addressing matters of racial discrimination the legal system. In this article, Toure indicates that there is racial bias when it comes to the handing down of the death penalty sentence in which African Americans are the highest in death row. The author suggests that this trait makes the death penalty to be an ineffective way of delivering justice because it only affects one fraction of the population. Further, Toure suggests that race plays a significant role when it comes to delivering this form of punishment as jury members tend to apply it drawing from stereotype of how the African Americans appear or whether they are previous offenders. In addition, Toure intimates that most appeal cases for those handed the death penalty based their arguments on racial prejudice and bias during trial. This article inclines towards the fact that the death penalty is ineffective and should be abolished as a form of punishment. 2. Amnesty International (2014), Abolish the death penalty, Retrieved on 20 May 2014 from http://www.amnesty.org/en/death-penalty Amnesty International is a lobby group charged with the responsibility of fighting for human rights that also stretches to include those of convicted criminals. In this text, the information provided asserts that the death penalty is a violation of human rights as provided under the Universal Declaration of Human Rights by the UN General Assembly. Other than providing the rights under this declaration, indicates that the number of executions conducted in 2013 were higher as compared to 2012. The death penalty according to Amnesty International is an inhumanepractice, hence making it to be ineffective because it does not support the humane treatment of all people despite them being free or convicted of crimes. The idea presented by this article is that the death penalty is ineffective and should be abolished as a form of punishment. However, this text does not provide exceptions to the crimes in which the death penalty can be applied meaning that this organization condemns its use regardless of the nature of the crime committed. Further, the text also suggests that the ways in which states execute this punishment are brutal irrespective of the offence committed. 3. Branch, B. (2013).Point: The death penalty is ineffective and only perpetuates more killing in the name of justice. Retrieved on 20 May 2014 from http://www.enterprisepub.com/dakotacountystar/opinion/columns/point-the-death-penalty-is-ineffective-and-only-perpetuates-more/article_2e1ae1fe-10be-11e3-826b-0019bb30f31a.html Branch, Blake, a reporter for the Dakota County Star provides insightful arguments over why capital punishment is ineffective and also illustrates the states in the USA that no longer apply it. Further, Branch explains that the death penalty is not a deterrent to serious crimes in that the states that reinstated the use of this form of punishment registered high murder crimes. The article gives statistics that are supported with the ineffectiveness of the death penalty because society does not have a single way of executing this punishment. Branch also compares the USA to other nations in which this country is the only to have conducted execution as at 2007 making this to be immoral and inappropriate. However, Branch intimates that those on death row end up dying of natural causes long before they are executed because this process may take time through appealing, which may extend to up to fourteen years hence rendering it ineffective. The text inclines towards the death penalty is ineffective and should be abolished as a form of punishment. 4. The Editorial Board. (2012). Death penalty is costly and ineffective no matter the case, The Daily Iowan. Retrieved on 20 May 2014 from http://www.dailyiowan.com/2012/02/16/Opinions/27024.html Being the largest college newspaper serving the Iowa community,the editorial board provides an insight as why the death penalty is ineffective because of the cost implications that this process attracts. Essentially, the board punctures the decision made in 2012 by the Iowa Senate Republicans to bring back the death penalty by giving the costs attached to appealing these cases. Further, the article suggests that sentencing a convict to life sentence is far much cheaper than putting them on death row regardless of the crime committed. The article makes comparisons of the costs of the death penalty between states, which draws a relatively similar conclusion that the legal fees, that the process of appeal may take can be expensive as it takes time. The other reason that the editorial board gives as a reason why the death penalty is ineffective is that most of those convicted to this punishment do not view it as a form of punishment rather as an escape from punishment. Through the cost implications that it attracts, the death penalty is ineffective and should be abolished as a form of punishment. 5. Downie, J. (2014). “Oklahoma’s horrible ‘botched execution’ shows again why the death penalty should be abolished”. The Washington Post. Retrieved on 20 May 2014 from http://www.washingtonpost.com/blogs/post-partisan/wp/2014/04/30/oklahomas-horrible-botched-execution-shows-again-why-the-death-penalty-should-be-abolished/ An article by Downie James, illustrates why the death penalty should be abolished because it is a form of torture and not a way punishing criminals as per the legal system. Downie, a seasoned reporter for the Washington Post uses a number of death penalty cases in which the medicine injected on convicts set to die did not serve the purpose as it creates another cause of death. Further, the author intimates that those on death row tend to be African Americans, hence supporting that this punishment is only befitting to one race as compared to the rest. Downie suggests that the closure of the makers of the legal drug used in conducting executions in 2011 has influenced states to use drugs that endanger the lives of those set to die by lethal injection. The implication of this is that the drugs used in execution nowadays make death for convicts more painful instead of the painless way as intended. Based on racial prejudices, Downiesuggests that the death penalty is ineffective and should be abolished as a form of punishment. 6. Bohm, R. M. (2011). Bohm, R. M. (2011). Deathquest: An introduction to the theory and practice of capital punishment in the United States. Amsterdam: Anderson Pub./Elsevier. In this book, Bohm Robert a specialist and professor in criminal and legal aspects contributes to the debate on whether the death penalty is effective by giving the various arguments from the colonial times to date. The author gives arguments from both the ethical, legal and moral angles surrounding capital punishment in order to help those involved in the debate to present evidence based arguments. Other than this, Bohm also helps readers to understand why the American population supports the application of the death penalty, as the argument is that certain crimes attract this punishment. Further, Bohm explains why it is difficult for policy makers to abolish this form of punishment, as the electorate tends to have the final say in terms of the validity of this sentence as rewarding to the victims of the crime committed. On the contrary, the text also supports the fact that the death penalty is ineffectiveand should be abolished as a form of punishmentbecause it is an injustice as much as it may have religious backing. 7. Miller, P. D. (2009). The Ten commandments. Louisville, KY: Westminster John Knox Press. Miller Patrick uses a theological angle to support the fact that the death penalty can be an effective form of punishment because it is likely to influence individuals to shy away from crime. Essentially, Miller points out the book of Exodus as a guide to applying this form of punishment in which those that commit murder deserve to die through the same manner. Miller also seems to suggest that God as per the Old Testament agrees with the law of an eye for an eye in which the equal punishment of death is death. This presents a contrary approach in which the New Testament advocates for forgiveness rather than revenge because each individual deserves the chance to be better society members. The book also provides the crimes that which the Bible permits the death penalty punishment such as blasphemy meaning that murder is not the only crime that can attract this punishment from a Christian perspective. However, this text negates the fact that the death penalty is ineffective and should be abolished as a form of punishment based on religion. 8. Muhlhausen, D. B. (2007). “The Death Penalty Deters Crime and Saves Lives”. The Heritage Foundation.Retrieved on 20 May 2014 from http://www.heritage.org/research/testimony/the-death-penalty-deters-crime-and-saves-lives An article by Muhlhausen David, a researcher in the empirical policy analysis supports the argument that the death penalty is effective as compared to many others that do not support this argument. The author acknowledges that those who argue that the death penalty is ineffective have been too vocal about it, but this is contrary to the actual feelings of the American population. Essentially, this text makes use of empirical data collected among the American population in which they feel that it is equal to the crimes committed. Other than this, Muhlhausen also indicates that it is not possible to show the racial bias applied in delivering the death sentence verdict as there is no evidence in support of the same. The author also uses early and new research that indicates that the death penalty can deter individuals from committing crimes based on the deterrence theory that may be influential to citizens according to various documented research. This text goes contrary to argument that the death penalty is ineffective and should be abolished as a form of punishment. 9. European Society of Criminology.,&Kury, H. (2008). Fear of crime-- punitivity: New developments in theory and research.Bochum: UniversitätsverlagBrockmeyer. Kury Helmut also contributes to the death penalty debate by arguing that it is effective since it instils fear among individuals that intend to commit crime. Further, Kury also suggests that it is the most appropriate way of disciplining criminals because it is a permanent way of incapacitating them from committing crimes in the future. In addition, the death penalty is an effective way of making the society to be content with the legal system because it is a rewarding punishment for serious offenders. Kury asserts that capital punishment overrides other lesser forms of punishments, making the society to allow the justice system to execute them. This also applies to policy makers in which they cannot abolish the use of this form of punishment since its abolishment will be viewed as a soft approach to punishing rapists and other serious criminals. Using this as a basis, Kury intimates that, it is still the most effective form of punishment in the eyes of society for serious atrocities. As much as others would argue that the death penalty is ineffective and should be abolished as a form of punishment. 10. Donohue, J.J and Wolfers J. (2006).“The Death Penalty: No Evidence for Deterrence”. Economists’ Voice. Retrieved on 22 May 2014 from http://users.nber.org/~jwolfers/policy/DeathPenalty%28BEPress%29.pdf Two authors from the Economists Voice, Donohue John J and Wolfers Justin gives insights on how the death penalty is ineffective by intimating that this form of punishment is not a deterrent to crime. The authors provide researches and statement that seems to assert that the death penalty is effective, but uses the same to bring out the fact that murder incidents decreases in regions that have abolished capital punishment. Further, the article by Donohue and Wolfers (2006) strongly indicates that the argument that the death penalty is effective is a subject of belief and is not factual. On one side, the text supports the argument that the death penalty is ineffective and should be abolished as a form of punishment. According to these authors, research surrounding this argument has been inconclusive and not convincing enough to retain this form of instilling discipline. Further, the article suggests that those opposing or supporting the debate should focus more on gathering evidence that is convincing enough in order for them to woo more people to their stand. Task 2: Donohue, J.J and Wolfers J. (2006).No evidence for Detterence The last Paragraph in the article Paraphrase: The argument that the death penalty is a deterrent to crime is not evidence based, but is not factual and only relies on individual views on this subject. The USA has not focussed on research that is supposed to strongly that the death penalty can be a deterrent to crime, which should form the basis for future researches. Essentially, it will only be conclusive to say that the death penalty has an influence on reducing crime rates if researchers can provide empirical evidence to support their claims (Donohue &Wolfers, 2006). Those that are not in support of the death penalty should also focus on providing verified evidence that can make their argument stronger rather than just making assertions. However, the question that begs is that if it is proper to spend much of taxpayers money in executing this form of punishment that is not likely to deter crime rates. The implication of this is that governments should explore other effective ways for punishing murderers as the death penalty has not proven to be an influential way of deterring crime. Synthesis Outline: 1. Details of the article 2. Main points of the article 3. Method 4. Participants 5. Results 6. Conclusions Details of the article: Authors: Donohue John J. And Wolfers Justin Article title: The Death Penalty: No Evidence for Deterrence Publication year: 2006 Main points of the article: Many feel that the death penalty is a worthy punishment and morally required Others argue that it can be a deterrent to crime Execution of those found guilty of murder saves lives as it allows society to be safe from criminals that can be a danger to innocent people However, the death penalty does not deter crime but it only influences homicide cases as in the case of research by Dezhbakhsh, Rubin and Shepherd (DRS study) as analyzed by Posner in this study (Donohue &Wolfers, 2006). Data presented in researching on whether the death penalty is effective has failed to provide concrete evidence to either support or object to this claim Method: Those that had prior convictions and those that did not have any and were convicted of murder Participants: Were participants randomly assigned to groups divided into groups based on pre-existing variables: the participants were quasi through instrumental variable estimation in states selected randomly the comparing with changes in the rates of murders in other states Results The instrument variables estimations is likely to influence changes in the rates of executions and not in the percentage of homicide rates. The results can be misleading if a valid instrument is not applied as they can generate quasi experiments in the death penalty. As per the research, a total of four twenty nine lives can be saved after the execution of eighty six meaning that a total of 429, 000 lives would have been saved through the execution of a thousand individuals over a period of twenty five years (Donohue &Wolfers, 2006). However, the DRS study is not effective as it only analyzed data on the county level and not across counties within the same state. Essentially, the errors in this study are highly standard as this does not provide effective guidance for those charged with policy developed in order for them to make legislation that supports or objects to the death penalty in terms of its effectiveness. Conclusions The death penalty was far much effective about seven decades ago as compared to the past twenty years in terms of acting as a deterrent to crime. In essence, the murder rates did not decrease with the execution of individuals found guilty of murder meaning that the two are not directly relational (Donohue &Wolfers, 2006). On the contrary, the increase in the number of those who lose their lives to crime is directly influenced by the number of those executed meaning that this cannot deter crime rates. In arguing that the death penalty can deter crime, the evidence that supports this is quite minimal hence making this perception to be insignificant, but with more research it can be arguable. Task 3: Outline Introduction Since inception as a form of punishing serious law offenders death penalty debate is a matter that has attracted immense controversy because the decision to support or not to promote this form of punishment varies Supporting the argument The death penalty is ineffective because: it is expensive does not deter crime Poor defence teams attract the death penalty it attracts Racial bias against African- Americans does not help in reforming convicts Against the argument The death penalty can be a deterrence to crime The death penalty is effective because it corresponds with the crime committed Conclusion The death penalty is ineffective and policy developers should work to abolish this form of punishment because it does not make things any better for those convicted of serious crimes Is the Death Penalty Effective? Task 3:Introduction In the legal fraternity, the death penalty or capital punishment is whereby an individual is sentenced to die as a way of punishing them for a crime committed. Essentially, capital crimes or offences are the forms of crimes that attract the death penalty in which an individual receives the death sentence and the actual enforcement of this punishment is the execution. Since inception as a form of punishing serious law offenders, the death penalty was accompanied by torture in which most of them occurred under the glare of the public as a way of communicating to the same. With the aspect of globalization and evolution of societies into more civilized states, many nations have abolished this form of punishment while others have maintained it within their justice systems. Other nations have also not applied the death penalty for more than ten years, making this form of delivering justice to be redundant while others apply it for special crimes such as those against humanity. Presently, Asia is the continent that registers a high number of death sentences and executions in the world, which has raised the concerns of human rights watch and lobby groups for the governments in his region to take a softer stand on this matter. The implication of this is that the death penalty debate is a matter that has attracted immense controversy because the decision to support or not to promote this form of punishment varies because of the differences in political ideologies and culture. With this, this argumentative essay will illustrate that the death penalty is ineffective and should be abolished as a form of punishment. Supporting the argument The death penalty is expensive Ideally, public opinion varies depending on the country in which most tend to support its application in punishing murder, related crimes while in India its preference is heavily because of the increasing number of rape cases in the country. Over the years, policy developers and researchers have been on coming up with arguments that are likely to poke holes in the use of capital punishment as the only effective way of punishing offenders. According to the Editorial board of the Iowa Daily (2012), the death penalty is an expensive way for punishing offendersas the costs attached to this form of punishment are high as compared to having them serve life sentences. The costs attached to the death penalty also include the legal fees used in defending the case for a convicted set to face the death penalty. The costs are also high in the trial court handling the cases even if the verdict of the cases was to be the guilty one together with the time spent in preparing and defending the cases because most of them take time before their conclusion. Based on this, the death penalty is ineffective and should be abolished as a form of punishment. The death penalty does not deter crime On the other hand, the death penalty is ineffective because it does not influence individuals not to engage in heinous crimes as research has proven that the murder rates tend to go up after the executionsare conducted. Essentially, murder rates tend to go on in areas where the death penalty is not applicable, hence presenting the irony of using such a brutal way for punishing offenders. Those in support of this argument suggest that the idea that the death penalty has the ability to reduce murder rates is ill-advised as this lacks the required facts to back this way of thinking. The implication of this is that the death penalty is the least effective way of fighting and preventing crimes as this form of punishment only catalyses the rates of crime within a region that applies it (Wolfers&Donohue, 2006).Therefore, the death penalty is ineffective and should be abolished as a form of punishment. Additionally, the death sentence is ineffective because lit is not a deterrent to crime as compared to when the legal system applies life imprisonment or hefty fines in punishing individuals convicted of treason or other serious crimes. Murder tends to be a crime of passion in which an individual might be overcome by anger, then commit the crime, meaning that they may not be aware of the consequences of their crimes. As a fact, the death penalty may not prevent an individual from committing this crime as most of the people accused of murder may not have premeditated to do the crime as this capital may not be on their minds at the time of the crime. Therefore, it is not easy to determine a link between the use of capital punishment and the decrease in murder rates, meaning that the death penalty cannot be a deterrent for individuals to commit these crimes. Poor defence teams attract the death penalty Research has also proven that poor defence leads to individuals receiving the death sentence, which is a valid reason that leads to the reversal of this penalty when an individual appeal against this sentence. In other instances, the failure ofthe defendants to provide their legal counsel with information that is likely to prevent them from receiving the death penalty such as their family history or their mental states. Bohm (2011) indicates that convicts that receive the death sentence tend to shield their families from finding out the causes that led to them being murders as most of them attribute to molestation by family members when they were young. In most cases, those that give a prior history of molestation as a possible cause that influenced them into crime have been able to avert the death sentence through their defence councils. On the contrary, claims to mental illness can also be helpful to an individual facing the conviction to a death sentenceintimating that this punishment is not the only way for punishing offenders. Subsequently, the death penalty is ineffective and should be abolished as a form of punishment. Racial bias against African- Americans On the other hand, Toure (2012) asserts that the death penalty is ineffective because it applies a racial bias as a majority of those handed the death penalty tend to be from the African American race as compared the white race. Essentially, back defendants accused of killing whites are likely to receive the death penalty as compared to the other way round, hence making this to be an unfair way of delivering justice as it only favours one race over the other. Further, most juries and judges tend to view the African American from a stereotypical angle in that those that have big lips and dark skin deserve the death penalty simply because of their appearance. Most cases that end with the death sentence against African Americans also tend to draw influence from the fact that the jury composition may include a majority of them being white and have a few of them being black. The implication of this is that the verdict may incline towards the death penalty because the majority votes that would be in favour of the death penalty are most likely to carry the day. As a result, the death penalty is ineffective and should be abolished as a form of punishment. The death penalty does not help in reforming convicts Branch (2013) argues that the death penalty is ineffective because it does not correct the wrong done, but it permits for the ‘an eye for an eye’ philosophy as a way of executing justice. In most cases, the sentence may take time before its executed in which other convicts may die out of natural courses before they face their punishment. Other than this, killing conducted by the state in the name of justice is in violation of the human rights making it to be a degrading form of punishment under the Universal Degradation of Human Rights. According to Amnesty International (2014), the death penalty is the ultimate denial of human rights in which this organization opposes this form of punishment, irrespective of the crime committed or the method that the state may choose to apply in executing the killing. In most cases, the death penalty serves as retribution to the society for offenders that commit murder to which politicians continue to support its application in response to the voters that elect them. Essentially, the states that still use capital punishment fail to eliminate it because of the fear of them losing their seats, as voters are likely to vote them out because they would feel as though they are sympathizers with murderers. Over the years, the manufacture of drugs intended for executing the death penalty has gone down because most states no longer use this form of punishment, hence making those that still use to struggle to acquire the correct drugs. According to Downie (2014), some cases of torture for the undergoing the execution have been reported in that the process may go wrong such as a convict taking long before they die hence making to be excruciating. In essence, the process of dying should be faster and less painful in which it has changed to be more painful because of the changed drugs intended for this purpose hence making it to be invalid. Using this as a basis, the death penalty is ineffective and should be abolished as a form of punishment. Against the argument The death peanlty can be a deterrence to crime As much as there are many abolitionists that argue that the death penalty is an ineffective form of punishment because of the costs attached to this process and the ways in which it heightens murder rates, also others support that it is effective. One such individual is Muhlhausen (2007), who asserts that the death penalty is an effective way of deterring crime and also saving lives because most members of the public to support it. Further, Muhlhausesn (2007) also insists that no solid proof or study that indicates that there is a racial disparity when it comes to those on death row. On the other hand, the death penalty is effective as it apples the deterrence theory in which setting, the risk of apprehension and punishment for individual that commit crimes may deter others from committing the same. In this case, several studies have suggested a link between the execution of the death penalty and the decreased number of murders. The other way in which the death penalty can be an appropriate way for punishing murderers is as indicated by the Supreme Court making this to be constitutional in the event that an individual killed another. In this case, anybody that kills or commits crimes such as treason and rape deserves to die as illustrated in the Old Testament of the Bible in the book of Exodus (Miller, 2009). A majority of the population supports the continued application of the death penalty as to them this is the only way in which a criminal can pay for the wrong that they could have done to the victims and to their families. The death penalty is effective because it corresponds with the crime committed Essentially, society perceives capital punishment as the most appropriate way of incapacitating criminals as they pose as a threat to themselves and to other inmates. In this case, the death penalty is an appeasement approach to the society, which explains why the society continues to serve as an effective way of punishing criminals as compared to other lesser punishments (Kury, 2008). Therefore, withdrawing the death penalty would be an ineffective way of serving justice because the family and victims of certain crimes may feel as though the justice system favours criminal activities instead of them. Conclusion As per the arguments presented above, the death penalty appears to be an ineffective form of punishment as it denies criminals the chance for them to reform their behaviour and become better individuals. This is because this form of punishment does not deter crimes, expensive and also takes time before the completion of a successful appeal. Therefore, it is pertinent for society to look into better ways of reforming criminals rather applying capital punishment on them because every individual deserves the opportunity of reforming rather than condemnation. Further, the death penalty is ineffective and policy developers should work to abolish this form of punishment because it does not make things any better for those convicted of serious crimes as most of them end up staying for longer on death row to which they might have reformed during this time and still end up dying. Therefore, the application of the death penalty is ineffective and states should work towards its abolishment because it inhuman and does not serve the purpose of correcting individuals found to have broken the law. References Amnesty International 2014, Abolish the death penalty, Retrieved on 20 May 2014 from http://www.amnesty.org/en/death-penalty Bohm, R. M. (2011). Deathquest: An introduction to the theory and practice of capital punishment in the United States. Amsterdam: Anderson Pub./Elsevier. Branch, B. (2013).Point: The death penalty is ineffective and only perpetuates more killing in the name of justice. Retrieved on 20 May 2014 from http://www.enterprisepub.com/dakotacountystar/opinion/columns/point-the-death-penalty-is-ineffective-and-only-perpetuates-more/article_2e1ae1fe-10be-11e3-826b-0019bb30f31a.html Downie, J. (2014). “Oklahoma’s horrible ‘botched execution’ shows again why the death penalty should be abolished”. The Washington Post. Retrieved on 20 May 2014 from http://www.washingtonpost.com/blogs/post-partisan/wp/2014/04/30/oklahomas-horrible-botched-execution-shows-again-why-the-death-penalty-should-be-abolished/ European Society of Criminology.,&Kury, H. (2008). Fear of crime-- punitivity: New developments in theory and research.Bochum: UniversitätsverlagBrockmeyer. Miller, P. D. (2009). The Ten commandments. Louisville, KY: Westminster John Knox Press. Muhlhausen, D. B. (2007). “The Death Penalty Deters Crime and Saves Lives”. The Heritage Foundation.Retrieved on 20 May 2014 from http://www.heritage.org/research/testimony/the-death-penalty-deters-crime-and-saves-lives The Editorial Board. (2012). Death penalty is costly and ineffective no matter the case, The Daily Iowan. Retrieved on 20 May 2014 from http://www.dailyiowan.com/2012/02/16/Opinions/27024.html Toure. (2013). Put to death for being black: New Hope Against Judicial system bias, Time. Retrieved on 20 May 2014 from http://ideas.time.com/2012/05/03/put-to-death-for-being-black-new-hope-against-judicial-system-bias/ Wolfers, J. & Donohue, J. J. (2006). “The Death Penalty: No Evidence for Deterrence”. Economists’ Voice. Retrieved on 22 May 2014 from http://users.nber.org/~jwolfers/policy/DeathPenalty%28BEPress%29.pdf Read More