Abolishment Of The Death Penalty
Abolishment Of The Death Penalty
Abstract
The death penalty is a debatable issue in many countries including the United States. People have different views regarding the capital punishment as a punishment and crime prevention method. Some believe the death penalty is an effective method of punishing criminals and preventing crime. Others claim the death penalty is not effective method of punishing offenders and deterring criminal behaviors. The death penalty leads to execution of innocent individuals as it is irreversible and also due to lack of evidence. In addition, the death penalty denies offenders fair trial and justice due to racism, discrimination and bias.
Abolishment of the death penalty
Society has used punishment to discourage criminal behaviors. Society has used the strongest punishment available like the death penalty to prevent crime and discourage criminal behaviors. The proponents of the death penalty believe that the death penalty deters criminal behaviors in the society. However, the opponents of the death penalty have presented different arguments to show the ineffectiveness of the death penalty and its impact on criminals and society. The opponents of the death penalty have called for its abolishment. Thesis: The death penalty in the United States should be abolished. (ACLU American Civil Liberties Union, 2012).
Opponents of the death penalty like the American civil liberties union believe that the death penalty infringes the constitution. The United States constitution prevents cruel punishment and unusual punishment. Criminals should not be subjected to brutal and strange punishment according to the constitution. In addition, the constitution warrants due process and equal protection. The dual process should be followed when investigating and punishing offenders to avoid violation of the constitution (American Civil Liberties Union, 2012). The American civil liberties union (2012) claims the country should not grant itself the right to kill especially when using the death penalty. Further, the death penalty denies the offenders their civil liberties, and it is not in line with the US democratic system. The death penalty leads to inequality in the society as it results to discriminatory killing of offenders. Capital punishment in US is not applied in a reasonable and just way and this has had a negative impact on offenders as innocent citizens are killed.
The application of the death penalty in the United States depends on the victim’s race, attorney skills, how much money one has and where the crime happened. People of color are executed more than the white particularly if the victim is white. Trial and sentencing should be conducted with fairness especially where capital punishment is involved. However, the court does not encourage fairness as sentencing and trial is racially biased. The Supreme Court considered the death penalty in Furman unconstitutional due to racial discrimination. The death penalty has affected blacks in the country as they are likely to be executed. A research of capital punishment in Texas showed that a large number of blacks are sentenced to death in US. 4,220 prisoners were excited in the United States between 1930 and 1996. 53% of the prisoners executed between 1930 and 1996 were blacks. Blacks are executed for less violent offences such as Burglary and rape (American Civil Liberties Union, 2012).
Additionally, the American civil liberties union argues that the death penalty wastes tax payers money and does not have safety benefit. This is according to responses from law reinforcement officers surveyed on capital punishment. The law enforcement officers claimed that the death penalty does not deter violent offences as many people in the society think. A survey of police chiefs in the country found that police chiefs rank the death penalty lowest among methods used to reduce violent offences. The police chiefs claimed that increasing the number of law enforcement officers reduced violence (American Civil Liberties Union, 2012).
The proponents of capital punishment have supported the death penalty as a method to deter crime. The society has used the death penalty for many years to deter crime. Deterrence is a function of severity of punishment, certainty and frequency (American Civil Liberties Union, 2012). The proponents claim that threat of executing the death penalty influences offender behavior effectively than imprisonment. Punishment can be effective in deterring criminal behavior if it is consistent and employed promptly. However, capital punishment cannot be administered to meet the above conditions. The percentage of first degree offenders murders sentenced to death is low, and only a small proportion of the first degree murderers are executed. The number of death sentences increased in mid 1990 to almost 300 annually. This accounted for 1% of homicides known to the law enforcement officers. Only 3% of offenders convicted of homicide were sentenced to death. The death sentence reduced between 2001 and 2009. The death sentenced reduced to 137 annually (ACLU American Civil Liberties Union, 2012).
The time between the imposition of the death sentence and execution cannot be avoided because of the procedural safeguards needed by the court in capital cases. Murder cases take long due to the selection of the jury. Thus, the death penalty cannot be effective in discouraging criminal behaviors as it is not consistent and administered promptly (The death penalty Information Center, 2012).
Moreover, capital cannot deter crime as most of the capital offences are committed under drug influence, alcohol and during instants of great emotional stress. During this time, the offender cannot think straight (Bedau & Cassell, 2004). Hence, capital offences are committed by people who are badly damaged and mentally ill. Therefore, the offenders cannot take responsibility for their actions. Further, capital punishment cannot discourage criminals who expect to escape arrest and detection. The ineffectiveness of the death penalty in deterring crime is evidenced in states that have implemented the death penalty.
The FBI noted that states that implemented the death penalty had the highest murder cases. The increase in crime rate in those states is attributed to the death penalty. The death penalty does not deter criminal behaviors but incites violent crimes. Using the death penalty to punish criminals and deter criminal behaviors affects the inhibition against the utilization of lethal force to resolve disputes. Therefore, residents in states implementing the death penalty use lethal force to resolve disputes. Illinois recorded high rate of homicide crimes compared to Wisconsin and Iowa between 1990 and 1994. The rate of murder in states implementing the death penalty was higher than states without capital punishment. The murder rates in states with the death penalty were 25% to 46% higher between 2000 and 2010 than in other states (Bedau & Cassell, 2004).
In addition to that, the death penalty lead to the execution of innocent people as it is not reversible. Most of the death penalty sentences have not been reversed even if new evidence is presented. This has led to execution of innocent people instead of the perpetrators of the crimes. Poor investigation and collection of evidence has led to sentencing of innocent people to death as law enforcement officers rely on incredible evidence. This was evidenced in the Troy Davis case and Camerron Todd Willingham case. Troy Davis was executed after the judge claimed that he did not meet the proof of innocence. The judge did not reverse the death sentence despite the call for clemency. Also, Cameron Tood Willingham was executed for murdering his three children and arson. The police did not provide evidence to support their argument in Tood and Troy Davis cases and instead relied on witnesses. An investigation by a nonprofit organization, newspaper and independent expert showed that the fire was not as a result of arson, but an accident (Bedau & Cassell, 2004).
Conclusion
Therefore, the death penalty should be outlawed as it causes more harm to individuals, offenders and the society than benefits. Capital punishments make it hard for offenders to get a fair trial and for courts to administer justice. The court infringes the rights of the offender including fair hearing and trial when implementing capital punishment. Capital punishment is irreversible, and this has led to execution of innocent people due to lack of evidence. Permanent imprisonment can deter criminal behaviors effectively than capital punishment as it does not incite violent crimes and can be administered consistently and promptly (The death penalty Information Center, 2012).
Reference
American Civil Liberties Union. (2012). Capital Punishment. New York, NY.
Retrieved from http://www.aclu.org/capital-punishment on 16/12/2012
Bedau, H. A., & Cassell, P.G. (2004). Debating the The death penalty. Oxford University Press. Cary, NC
The death penalty Information Center. (2012). Issues. Resources. Facts. Reports.
Washington, DC. Retrieved from http://deathpenaltyinfo.org/ on 16/12/2012
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