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- Capital Punishment:
- Injustice of Society
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- Looking out for the state of the publicÆs satisfaction in the scheme of
- capital sentencing does not constitute serving justice. TodayÆs system of
- capital punishment is frought with inequalities and injustices. The commonly
- offered arguments for the death penalty are filled with holes. ôIt was a
- deterrent. It removed killers. It was the ultimate punishment. It is
- biblical. It satisfied the publicÆs need for retribution. It relieved the
- anguish of the victimÆs family.ö(Grisham 120) Realistically, imposing the
- death penalty is expensive and time consuming. Retroactively, it has yet to
- be proven as a deterrent. Morally, it is a continuation of the cycle of
- violence and ô...degrades all who are involved in its enforcement, as well as
- its victim.ö(Stewart 1)
- Perhaps the most frequent argument for capital punishment is that of
- deterrence. The prevailing thought is that imposition of the death penalty
- will act to dissuade other criminals from committing violent acts. Numerous
- studies have been created attempting to prove this belief; however, ô[a]ll
- the evidence taken together makes it hard to be confident that capital
- punishment deters more than long prison terms do.ö(Cavanagh 4) Going ever
- farther, Bryan Stevenson, the executive director of the Montgomery based
- Equal Justice Initiative, has stated that ôàpeople are increasingly realizing
- that the more we resort to killing as a legitimate response to our
- frustration and anger with violence, the more violent our society becomesàWe
- could execute all three thousand people on death row, and most people would
- not feel any safer tomorrow.ö(Frame 51) In addition, with the growing
- humanitarianism of modern society, the number of inmates actually put to
- death is substantially lower than 50 years ago. This decline creates a
- situation in which the death penalty ceases to be a deterrent when the
- populace begins to think that one can get away with a crime and go
- unpunished. Also, the less that the death sentence is used, the more it
- becomes unusual, thus coming in conflict with the eighth amendment. This is
- essentially a paradox, in which the less the death penalty is used, the less
- society can legally use it. The end result is a punishment that ceases to
- deter any crime at all.
- The key part of the death penalty is that it involves death -- something
- which is rather permanent for humans, due to the concept of mortality. This
- creates a major problem when ôàthere continue to be many instances of
- innocent people being sentenced to death.ö(Tabak 38) In our legal system,
- there exist numerous ways in which justice might be poorly served for a
- recipient of the death sentence. Foremost is in the handling of his own
- defense counsel. In the event that a defendant is without counsel, a lawyer
- will be provided. ôAttorneyÆs appointed to represent indigent capital
- defendants frequently lack the qualities necessary to provide a competent
- defense and sometimes have exhibited such poor character that they have
- subsequently been disbarred.ö(Tabak 37). With payment caps or court
- determined sums of, for example, $5 an hour, there is not much incentive for
- a lawyer to spend a great deal of time representing a capital defendant.
- When you compare this to the prosecution, ôàaided by the police, other law
- enforcement agencies, crime labs, state mental hospitals, various other
- scientific resources, prosecutors àexperienced in successfully handling
- capital cases, compulsory process, and grand juriesàö(Tabak 37), the defense
- that the court appointed counsel can offer is puny. If, in fact, a defendant
- has a valid case to offer, what chance has he to offer it and have it
- properly recognized. Furthermore, why should he be punished for a misjustice
- that was created by the court itself when it appointed the incapable lawyer.
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- Even if a defendant has proper legal counsel, there is still the matter of
- impartiality of judges. ôThe Supreme Court has steadily reduced the
- availability of habeas corpus review of capital convictions, placing its
- confidence in the notion that state judges, who take the same oath of office
- as federal judges to uphold the Constitution, can be trusted to enforce
- it.ö(Bright 768) This makes for the biased trying of a defendantÆs appeals,
- ôàgiven the overwhelming pressure on elected state judges to heed, and
- perhaps even lead to, the popular cries for the death of criminal
- defendants.ö(Bright 769) Thirty two of the states that impose the death
- penalty also employ the popular election of judges, and several of these even
- have judges run with party affiliations. This creates a deeply political
- justice system -- the words alone are a paradox. Can society simply brush
- off mistaken execution as an incidental cost in the greater scheme of putting
- a criminal to death?
- ôRevenge is an unworthy motive for our society to pursue.ö(Whittier 1) In
- our society, there is a great expectation placed on the family of a victim
- to pursue vengeance to the highest degree -- the death penalty. Pat Bane,
- executive director of the Murder Victims Families for Reconciliation (MVFR),
- stated, ôOne parent told me that people made her feel like she was betraying
- her son because she did not want to kill the person who murdered him.ö(Frame
- 50) This creates a dilemma of morality. If anything, by forcing families
- to seek the death penalty, their own consciences will be burdened by the
- death of the killer. Furthermore, ô[k]illing him will not bring back your
- son[s].ö(Grisham 402). At some point, man must stop the violence. Seeking
- temporary gratification is not a logical basis for whether the death penalty
- should be imposed. Granted, revenge is easily confused with retribution, and
- most would agree that the punishment should fit the crime, but can society
- really justify murdering someone else simply on the basis that they deserved
- it? Government has the right and duty to protect the greater good against
- people who jeopardize the welfare of society, but a killer can be sentenced
- to life without chance of parole, and society will be just as safe as if he
- had been executed.
- A vast misconception concerning the death penalty is that it saves society
- the costs of keeping inmates imprisoned for long periods. In the act of
- preserving due process of justice, the court appeals involved with the death
- penalty becomes a long, drawn-out and very expensive process. ôThe average
- time between sentencing and execution for the 31 prisoners put on death row
- in 1992 was 114 months, or nine and a half years.ö(Stewart 50) ôCriminal
- justice process expenses, trial court costs, appellate and post-conviction
- costs, and prison costs perhaps including years served on death row awaiting
- execution... all told, the extra costs per death penalty imposed in over a
- quarter million dollars, and per execution exceeds $2 million.ö (Cavanagh 4)
- When you compare this to the average costs for a twenty year prison term for
- first degree murder (roughly $330 thousand), the cost of putting someone away
- for life is a deal. Is it really worth the hassle and money to kill a
- criminal, when we can put them away for life for less money with a great deal
- more ease?
- In earlier times--where capital punishment was common, the value of life was
- less, and societies were more barbaric--capital punishment was probably quite
- acceptable. However, in todayÆs society, which is becoming ever more
- increasingly humanitarian, and individual rights and due process of justice
- are held in high accord, the death penalty is becoming an unrealistic form of
- punishment. Also, with the ever present possibility of mistaken execution,
- there will remain the question of innocence of those put to death. Finally,
- man is not a divine being. He does not have the right to inflict mortal
- punishment in the name of societyÆs welfare, when there are suitable
- substitutes that require fewer resources. I ask society, ô...why donÆt we
- stop the killing?ö(Grisham 404)
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- Bibliography
- Bright, Steven B., and Patrick J. Keenan. ôJudges and the Politics of Death:
- Deciding Between the Bill of Rights and the Next Election in Capital Cases.ö
- Boston University Law Review 75 (1995): 768-69.
- Cavanagh, Suzanne, and David Teasley. ôCapital Punishment: A Brief
- Overview.ö CRS Report For Congress 95-505GOV (1995): 4.
- Frame, Randy. ôA Matter Of Life and Death.ö Christianity Today 14 Aug.
- 1995: 50
- Grisham, John. The Chamber. New York: Island Books, 1994.
- Stewart, David O. ôDealing with Death.ö American Bar Association Journal
- 80.11 (1994): 50
- Tabak, Ronald J. ôReport: Ineffective Assistance of Counsel and Lack of Due
- Process in Death Penalty Cases.ö Human Rights 22.Winter (1995): 36
- Whittier, Charles H. ôMoral Arguments For and Against Capital Punishment.ö
- CRS Report For Congress (1996): 1
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