Capital Punishment Final

Capital Punishment Katherine Fullerton Gerould once said “Many of us do not believe in capital punishment, because thus society takes from a man what society cannot give (Finestquotes.com).” Is capital punishment moral or immoral? There are many conflicts over matter of opinion. Are those that are for the death penalty for it out of personal reasons? Or are those that are anti death penalty against it because they have/had loved ones on death row? Everyone has different opinions and they are entitled to them. No government has the right to put to death one of its citizens based on a crime that citizen is found guilty of committing, and therefore any form of capital punishment should be eliminated from the penal code in all states across the U.S. Capital punishment, also known as the death penalty is infliction of the penalty of death as a punishment for a crime. There is a difference between the death penalty and other criminal cases. Everything used and needed for a normal criminal case is used in a death penalty case just in a more complicated manner. There will be twice as many people hired, and twice as many attorneys appointed to the criminal on death row. There will also be two trials instead of one. Research done at Duke University indicates that death penalty cases take 3-5 times longer than a normal/typical murder case (nodeathpenalty.org). The death penalty is immoral; it promotes a lifestyle of violence, and teaches children the opposite lesson we want them to learn. It teaches our children that the way to get even is through extreme violence even to point where a life is taken. Capital punishment is a barbaric remnant of uncivilized society (deathpenalty.procon.org). There are many countries/states that have not abolished the death penalty yet. They all have different ideas of what crimes are punishable by death. Some states only put offenders to death for multiple murders, whereas some put offenders to death for engaging in same-gender sexual acts or abandoning the religion of Islam. America does not have a specific code. There are 50 states within America all with a different penal code. Eighteen out of those 50 states have abolished the death penalty. Meaning thirty-two states still actively use the death penalty. It’s not surprising that many consider the death penalty a violation of the Bill of Rights of the U.S. Constitution. The Eighth Amendment to the Bill of Rights states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (ratical.org). Contrary to beliefs of many, the U.S. Supreme Court has ruled that the death penalty is not a violation of the Eighth Amendment’s ban on cruel and unusual punishment. However it isn’t much of a surprise considering that when the Eighth Amendment was written hanging was a common punishment for murder and other crimes, and was accepted at that time in all states. So if it wasn’t a violation when the Amendment was written, it is no surprise that the Supreme Court might not rule it a violation now. Although the death penalty is not a violation of the Eighth Amendment, it is a violation to human rights. The most obvious reason is that every citizen has the right to life, therefore nobody, not even the government, can intentionally take a life. If a criminal is on death row for taking a life is that the message that is to be sent? That we have the type of government that takes a life of a citizen to show others that killing is wrong? How will that message ever be effective? It won’t. Taking the place of hanging was the electric chair, better known as the Old Sparky in some states across America. Nowadays states are adopting the use of the lethal injection. It is considered a more humane method of execution (deathpenaltyinfo.org). Although the electric chair is still around it is only used if prisoners request it over the injection. The enforcement of the death penalty is racist. The death penalty is enforced in a racist and biased manner. African Americans are 12 percent of the U.S population, but 42 percent of prisoners on death row (nodeathpenalty.org). However eighty percent of the victims in death penalty cases were white and only 14 percent were black (nodeathpenalty.org). We are not only talking about the race of the defendants, but the race of the victims too. More than 20 percent of black defendants executed since 1976 were convicted by all-white juries (deathpenaltyinfo.org). When it comes to the death penalty the lives of white are valued more than that of Minorities. About one in every thirty-three black men was a sentenced prisoner and the rate for white men was about one in every 205 (cga.ct.gov). It is hard to ignore because racial bias and ethnic discrimination is evident in the punishment system in many states across the U.S. There is however a way to get of death row, which involves getting good representation. It is explicitly impossible to have good representation without connections and money. There is something wrong in this country; the judicial nets are so adjusted as to catch the minnows, and let the whales slip through (nodeathpenalty.org). Punishing the poor even more, they are forced to work with underpaid, overworked, and inexperienced lawyers, while those with the connections, and money are hiring the best of the best lawyers to represent them. Most people with assigned lawyers at that point know that it is about a 20 to 80 percent chance they will get off. It is true to think of having capable representatives as a luxury. The majority of those on death row however cannot afford “luxury”. Since 1973, 123 people have been released from death row with evidence of their innocence (nodeathpenalty.org). That looks like a very small number; it seems obvious that by now a number of people higher than 123 have been innocent but killed before enough evidence had been gathered. The poor are herded into the gates of the justice system given the number of them that are accused of crimes it is not impossible to believe that innocent people are convicted. Even though there may be evidence pointing in a whole different direction, sometimes police officers and prosecutors looking to further their careers make quick arrests. There is no doubt people who were innocent have been executed. Even though the death penalty is as barbaric as it is, public support persists. Those in favor of the death penalty feel as if murders of their loved ones, family and friends deserve retribution. Punishment comes from the crowds of people awakened by the tragedy that has struck them, and the demands for justice. Their anger may not be selfish but is what they are implying for the government to do right? Once one group of angry citizens gets what they want the opposing group will protest it’s an endless cycle. The function of the law should not be to tame the public’s anger by satisfying it. The government should unite and insist that when it comes to punishments on citizens, it is not the public’s right to intervene. By saying that by satisfying the public’s anger and promotes law-abidingness, you are sending a message that it is ok to decide what fate you want to come of people because it makes our community a better place. In a civilized society we should decline the basis of basically doing to criminals what they have done to their victims. If the penalty for rape cannot be rape, than a murderer should not be punished with death. It may be hard for many citizens to agree on whether the death penalty is acceptable or not, but there are always opportunities for alternatives. In the absence of the death penalty the most severe punishment after execution would be life imprisonment without parole. Parole is when a prison is released early due to good behavior. If the prisoners shows extremely good behavior with life imprisonment the best would be to allow parole after 25 years of imprisonment. Restitution could be added on top of this sentence which means that while in prison the prisoner has to work, and the money they make goes to the family of the victim. This is a win-win situation the criminal is not released back into society, he has a jail sentence of life, and he is working and making money for his victim’s family. There are other alternatives that exist, such as prison with parole. Criminals are similar to other human beings when it comes down to the fact that they can change, and most probably will by spending that long in prison. Some criminals however may never change, which makes this alternative risky. Other alternatives include rehabilitation or reformatories. Rehabilitation is a system in which someone is moved to a useful place in society. Reformatories are institutes offenders are sent as an alternative to prison. This system works with them mentally, and physically, instead or punishing them in jail where these aspects of their life could be shattered by bigger personalities, and bullies within the prison. This way we have prisoners being reformed into useful, helpful, kind members of society. This method would work best with juveniles, because, “Since the death penalty was reinstated in 1976, 18 children under the age of 18 have been executed.” This should not be acceptable. These children most probably had family issues that affected. All young people make mistakes maybe not as bad as taking a life but still make mistakes. Young offenders shouldn’t be punished so severely. This age group would be the best group to take out and reform into bright, helpful men and women of society. The death penalty should be abolished; however, statistics show that people favor having the death penalty there for voluntary criminals over not having it there at all. When a criminal commits an awful crime he could be given the choice between life in prison without parole or death. If a criminal would rather voluntarily ask to be put to death because for some reason he cannot bear the idea of being in jail for the rest of his life. It only makes sense that it should be allowed, even though it goes across all mine an others across the world’s beliefs. No matter the worst crime committed until today, the government has no right to decide which of its citizens, may live or die, and therefore any form of capital punishment should be eliminated from the penal code of all countries. “Most people approve of capital punishment, but most people wouldn 't do the hangman 's job.”-George Orwell
Works Cited
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"Capital Punishment Quotes." FinestQuotes. N.p., n.d. Web. 21 Oct. 2012.

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"Trial and Error: Capital Punishment in U.S. History." Trial and Error: Capital Punishment in U.S. History. N.p., n.d. Web. 21 Oct. 2012.
"US Constitution--Bill of Rights--The First Ten Amendments." US Constitution--Bill of Rights--The First Ten Amendments. N.p., n.d. Web. 21 Oct. 2012.

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Cited: "Alternatives to the Death Penalty." Alternatives to the Death Penalty. N.p., n.d. Web. 21 Oct. 2012. "Capital Punishment Quotes." FinestQuotes. N.p., n.d. Web. 21 Oct. 2012. "Costs of the Death Penalty." Death Penalty Information Center. N.p., n.d. Web. 21 Oct. 2012. "Five Reasons to Oppose the Death Penalty." Campaign to End the Death Penalty. N.p., n.d. Web. 21 Oct. 2012. "Is the Death Penalty Immoral? - Death Penalty - ProCon.org." Is the Death Penalty Immoral? - Death Penalty - ProCon.org. N.p., n.d. Web. 21 Oct. 2012. "Is the Death Penalty Unconstitutional? - Death Penalty - ProCon.org." Is the Death Penalty Unconstitutional? - Death Penalty - ProCon.org. N.p., n.d. Web. 21 Oct. 2012. "Trial and Error: Capital Punishment in U.S. History." Trial and Error: Capital Punishment in U.S. History. N.p., n.d. Web. 21 Oct. 2012. "US Constitution--Bill of Rights--The First Ten Amendments." US Constitution--Bill of Rights--The First Ten Amendments. N.p., n.d. Web. 21 Oct. 2012. "What Is the Death Penalty and Capital Punishment? - Death Penalty - ProCon.org." What Is the Death Penalty and Capital Punishment? - Death Penalty - ProCon.org. N.p., n.d. Web. 21 Oct. 2012. "What Makes a Death Penalty Case Different from Other Criminal Cases? - Death Penalty - ProCon.org." What Makes a Death Penalty Case Different from Other Criminal Cases? - Death Penalty - ProCon.org. N.p., n.d. Web. 21 Oct. 2012.