Capital Punishment - A Critical Analysis

[princeofvegas 0]

I wrote this essay about a week ago for one of my criminal justice classes and I thought I might bring it up in here because I saw the debate going on about the death penalty for rapists. This critical analysis shows both sides of the issue and I hope will spark a good debate in here. The death penalty is ALWAYS a hot topic.

The death penalty is an ever growing issue among Americans. The reason for this is because of the fact that the split between those who oppose the death penalty and those who support it is almost 50/50. There will be a 3 to 5 percent margin of error on either side depending on where the statistics come from. Some states within the United States and some countries in the world have completely abolished the death penalty, stating that it is a form of cruel and unusual punishment. Throughout history, some cultures have accepted the death penalty more than others, but there has always been about a 50% split on which side of the argument people are on.

 

Currently in the United States, the death penalty is a hot issue and is sometimes even the center point for political campaigns. One of the questions that arise is whether or not the possibility of capital punishment actually deters crime. Many sources state that if a prisoner knows that they might be facing death if they commit a certain crime they will be less likely to commit it. The solid facts however show that having a death penalty does not necessarily deter criminals. Take the state of Texas for example. Texas has the toughest laws regarding capital punishment. There is a short appeals process, but if a criminal is sentenced to death in Texas, they will most likely be executed. Given this, Texas still has one of the higher rates in the country for offenses punishable by death. The statistics come straight from the Department of Justice and the National Crime Index.(Department of Justice Website)

 

One of the most hotly debated issues of the death penalty in the United States is whether or not some methods of execution are cruel and unusual punishment. One recent example of this comes from the state of Florida. Back in December of 2006 an inmate was sentenced to be executed using the method of lethal injection. On December 14^th, 2006 Angel Diaz was executed by lethal injection and took almost 34 minutes to die.(Kennedy, Orlando Sentinal) Witnesses to this execution state that Diaz was scrunching his face in pain throughout the entire execution. His arms developed very unusual blisters due to the fact that the first injection of anesthetic was not injected properly. This caused Diaz to feel his organs failing one by one, and the Florida medical examiner stated that this would have been one of the most painful ways to die. Supporters of the death penalty stated that because of the crimes that he committed, he deserved to die in the worst way possible. Many however said that this violated Diaz’s right to not be subjected to Cruel and unusual punishment. Governor Jeb Bush suspended the death penalty in Florida until the matter could be investigated further.

 

One part of this issue that both supporters and opponents agree on, is the possibility of executing someone who is innocent of the crime. No one would like to see someone punished for a crime that they did not commit. There have been many different solutions to this problem. That is why the appeals process in most states, and at the federal level, can go on for many decades. There are follow-up investigations done during each stage of the appeals process, where investigators will go over every detail of the crime in question. However, if there is some evidence that could support the convicted person’s case, it is not always enough to warrant an overturning of the sentence. This is where both sides of the issue vary. Opponents to the death penalty feel that if there is doubt in any way, then that person’s sentence should at the very least be commuted to life. Supporters to the death penalty strongly believe in today’s legal system and feel that if someone was convicted and sentenced by their peers, then that should be upheld, because it is the law.

 

There are other alternatives to capital punishment that have been brought up over the years, for example life in prison. Many states and supporters of the death penalty have a problem with this, because of the cost of keeping an inmate in jail for the rest of their life. For each prisoner that is in jail, it costs approximately $25,000 per year. Over the course of a person’s entire life, if they entered the system when they were young, costs could exceed over one million dollars per prisoner, possibly much more if special health needs are brought up, or there are other unexpected expenses. This is a big burden on the average taxpayer. Supporters say that having a death penalty can help to alleviate some of the costs involved. This is a lot of money compared to the $40,000 to $60,000 that it takes to execute a convicted person. Opponents to the death penalty claim, however, that this financial burden on society is worth the cost, rather than having the possibility of executing one innocent person. Opponents are pushing to have corporate controls of the prisons reinstated, so that the cost to the taxpayers is dramatically reduced.

 

There are two distinct sides to this issue, and as stated earlier, it is hotly debated. There is always going to be those who oppose the death penalty and those who support the death penalty. There does not seem to be any middle ground available for this argument. Research that I have done shows that the average citizen interested in this issue, is either strongly for or strongly against it. There are a few people who do not really care about this issue, because it does not directly affect them in their everyday lives. There is no single solution because each side contains many valid points. The real solution would be to find some way that both sides of the issue can meet in the middle.

 

I do not agree that someone should be executed if there is any evidence that they did not commit the crime. There have been many cases over the years where someone has been put to death because there was some evidence to support their innocence, just not enough of it to warrant commuting their sentence. The death penalty should not be even considered in cases where a judge does not feel it is warranted. This is not a decision that should be left up to twelve jury members who are being fueled by emotion from grotesque pictures that the prosecution has shown them.

[TheDisturbedOne 1]

Ah, you are right that it costs a ton of money for life in prison, but according to a Time article (forgot which), on average a trail in which the death penalty is seeked, the cost of the trial is over $3 million. In contrast life in prison is much less. Even where the death penalty isn't given, but the prosecution seeks it, it costs about $2 million a trial.

Edited December 9, 2009 by TheDisturbedOne (see edit history)

[jlhaslip 4]

princeofvegas,Nice paper, well thought out. I hope your instructor agrees. :PIndeed, this problem is not simply a Legal issue, but a moral one, and morality is difficult to enact laws about. And even more difficult if it is you, or a loved one, involved in the decision, whether you feel the pain of the decision as the victim of the crime or as the victim of the sentence.Overall, an A or better, in my opinion.

[contactskn 2]

Dear friends I think that capital punishment is cruel and it should be banned. As in this the criminal concerned is not getting a second chance, according to me there is nothing as a born criminal and if one is a criminal then its due to the conditions and circumstances in which one is born and brought up and so if that is changed any one can be a good person, so what I think one should try to change the circumstances in which the person became a criminal and give a chance for him to try a good life. So according to me capital punishment is not a solution for anything. The criminal behavior of a person should be eliminated according to me and not the criminal himself. ?

[princeofvegas 0]

Yes contactskn, but have you ever heard the saying, you can take the dog out of the fight, but you cannot take the fight out of the dog? In all of my research there have been numerous statistical surveys conducted on this very matter. To be honest, statistics are against repeat offenders. What happens is they become used to a life of crime and it keeps escalating where the crimes get worse and worse. There was a man who was sentenced to life in prison for a crime he didn't commit in Louisiana. He spent 28 years in prison knowing that he was truly innocent of the crime in question. However, after his 28 years of prison life he ended up becoming very violent and then committing a murder. It is all about how you grew up and how you lived your life that influence your decisions and it is very hard to teach an old dog new tricks.Let me put another question out there. I think we all can agree that Hitler was one of the most evil men in our history. Would you want to see him sent to the electric chair or the gas chamber? If yes, then why is he so different from other people on death row blatantly guilty of first degree murder.

[TheDisturbedOne 1]

I would NOT want to see him in the electric chair or in a gas chamber. It is simply because a death is too easy to give to him. I would prefer to see him put in a labor camp until he dies of old age. It would be a better use, and the end would still be met.

[princeofvegas 0]

Well as a proponent of the death penalty I think it serves as more of a crime deterrent than anything else. Knowing that there is the possibility of death for committing murder there is probably a less of a chance that the person will commit the crime in the first place. Could you imagine what our murder rates would be if there was no death penalty in the united states.