Death Penalty for People That Kill Other People, Essay Example

Introduction

This paper argues that the death penalty is an outmoded concept within the framework of a humanitarian modern democratic society. The argument for abolishing the death penalty is weighed against the merits of keeping same.

Against the Death Penalty

Within the context of the US legal system it could be argued that the imposition of the death penalty is in violation of certain individual constitutional rights; in particular that of the eight and fourteenth amendments. It was the US Supreme Court that stated in 1972 ‘ the imposition and carrying out of the death penalty … constitutes a cruel and unusual punishment. (Bedau, H. 2012). Despite this there still remains a number of States that carry out the death penalty for cases of homicide.

In order for the death penalty to be considered constitutionally acceptable it means that the judicial systems administering the law must be conducted with fairness. Regrettably there is now sufficient evidence to prove that this is not the case and many courts have been racially biased and carried out unfair sentencing for both imprisonment and the death penalty. This is still further compounded where juveniles who have been found guilty of murder in the State of Texas, may face the death penalty. (Arnett, L.K. 1989)

There is also the situation where people committing murder have been considered as mentally ill and have either been given life imprisonment or the death penalty. In addition over the last century the judicial; system has seen more black people facing the death sentence for acts of rape and murder than their white counterparts. Georgia having one of the worst statistical records for racial discrimination in this regard. Other factors in the determination of the death sentence have been both gender related and that of socio-economic class. Women are less likely to attract the death penalty than men, this despite some 15% of homicides are committed by women.

The other argument is the case of judicial error. If a person suffers the death penalty from a murder conviction and subsequently the verdict is found to be in error, then it is too late. In Georgia in 1975 Earl Charles was wrongly convicted and spent three years on death row before he was released. In 1989 in Texas Randall Dale Adams was similarly wrongfully convicted and spent three years on death row before being released. There continues to be repeated examples in this area which casts doubt on the legitimacy of the death penalty. (Haines, H.H. 1996)

For the Death Penalty

The main argument that supports the death penalty is that of a deterrent. It is assumed that Capital Punishment should deter potential murderers from carrying out acts of homicide. Whilst this is a relatively plausible claim the statistics do not not support this theory. Perhaps a more frightening prospect is the delay factor that happens when a person is sentenced to death and then waits for years on death row for the sentence to be carried out. The reality is that the threat of the death penalty does little to deter those who would wish to carry out acts of homicide. (Ellsworth, P.C. 1994)

Perhaps one aspect that may cause some pause for thought is the barbarity of how the sentence is carried out. Some States still carry out executions by hanging and these have been known to be bungled causing the victim to have an agonizing death by strangulation. Other aspects of the Electric Chair where the victim has been subject to massive electrocution and burns and then not found to have died. One could argue that this virtually amounts to an act of torture and that perhaps the only civilized manner is by that of lethal injection. (Soss, J. 2003)

To a certain extent the State of Texas has been criticized for its stance that murder should be dealt with on the basis of ‘an eye for an eye’ and as such condones the death penalty as an act of retribution. This becomes more complex in terms of juvenile killings and applying the death sentence to juveniles.

International Perspective

The death penalty in the USA needs to be put into context with the international perspective, the laws on human rights and the procedure in other western democratic countries. This has been abolished in Great Britain, Canada, France and elsewhere in Europe. Does the USA want to really place itself in the category of other countries like China, Iran, South Africa and other Middle Eastern countries noted for their acts of barbarity and lack of human rights. As the flag bearer of democracy, freedom and human rights the USA should be setting an example and leading the way. (Schabas, W. 2002)

Conclusions

In most civilized countries the death penalty has been abolished in favor of life imprisonment for serious crimes. It is hard to consider how a serial killer can be anything other than mentally insane or having a serious psychological defect. In reality such a person should be hospitalized and receive medical treatment. The argument against this is one of cost and why the tax payer should suffer the burden of paying for such treatment. The death penalty providing a swift ending solution to the problem. One of the other outstanding issues is the act of treason and the death penalty imposed under military jurisdiction. (Kronenwetter, M. 2001)

References

Arnett, L. K. (1989). Death at an Early Age: International Law Arguments against the Death Penalty for Juveniles. Law Journal, 245-246.

Bedau, H. A. (2012, 5 24). The Case Against The Death Penalty. Retrieved from ACLU: http://users.rcn.com/mwood/deathpen.html

Haines, H. H. (1996). Against capital punishment: the anti-death penalty movement in America, 1972 … Oxford: Oxford University Press.

Joe Soss, L. L. (2003). Why Do White Americans Support the Death Penalty? Journal of Politics Vol 65 (2), 397-421.

Kronenwetter, M. (Santa Barbra CA). Capital punishment: a reference handbook. 2001: ABC-CLIO.

Phoebe C. Ellsworth, S. R. (1994). Hardening of the Attitudes: Americans’ Views on the Death Penalty. Journal of Social Issues, Vol 50 (2), 19-52.

Schabas, W. (2002). The Abolition of the Death Penalty in International Law. Cambridge: Cambridge University Press.