United States Death Penalty, Research Paper Example

This paper examines the Criminal Justice perspective of the death penalty as it is applied across the United States.  It is split into three distinct parts (1) Background and Introduction  (2)  Purpose and reason for having a death penalty – the Pro’s and Con’s  (3)  Summary or conclusion.  The paper addresses the key question – Do we need a death penalty within the US legal jurisdiction ?

Introduction

Since 1977 statistics show that over 1100 people have been executed in the United States.  At this point in time there are around 3,300 people awaiting execution across the different States that still have the death penalty or the ultimate deterrent for cases of homicide. One of the more controversial issues is the execution of those people clinically diagnosed with mental illness. ” The execution of those with mental illness is clearly prohibited by international law”  (Amnesty International, 2010).  Despite international legal standards, these are often disregarded in the United States and people are executed with diagnosed schizophrenia and those with other ‘clinically-branded’ mental illness. Public support for the death penalty is generally declining across the USA but certain states like Texas, including a number of southern states, remain strong advocates for the retention of the death penalty. Texas remains one of the few states where juveniles can be executed for homicide.

Purpose of having a death penalty

The main reason is one of a deterrent for serious crimes such as Murder and Rape.  The key issue however is not one of prevention but an act of justice. Hence the moral question of is it right to take a persons life because that person has extinguished another life i.e. ‘ an eye for an eye’.  The danger is that the justice system gets it wrong and an innocent man is executed.  There is no right of appeal from the grave.  ” Arguing against capital punishment, Amnesty International believes that ‘The death penalty’  is the ultimate denial of human rights. It is the premeditated and cold-blooded killing of a human being by the state in the name of justice”  (White, 2010).  Arguments for supporting the death penalty (Pro’s) have been cited as : (1) To act as an example to other criminals and to deter them from committing acts of violent crime including terrorism and murder (2) A means of punishment that is fitting the act and a means of retribution for the victims and family of the victims.  Arguments against the death penalty (Con’s) are cited as:  (1) The death penalty is considered a breach of the 8th Amendment and is considered a cruel and unusual punishment to achieve justice (2) The death penalty may be used disproportionately against the poor, ethnic minorities, and the mentally ill who cannot afford the expense of legal counsel  (3) The death penalty is not applied consistently in a judicial manner across the different states (4) Innocent and wrongly convicted people have been tried and executed – there is no appeal from the grave!  (5) A rehabilitated criminal is a victory for society  and such a person may make a valued contribution (6) Certain religious groups do not support the death penalty e.g. Catholic Church  as it is not “pro life”.

In addition to the moral arguments there is also the costs involved, consider a latest report from California ‘ “In California, legislators are wrestling with the cost of maintaining the nation’s largest death row even though the state has executed only 13 inmates since 1976. Officials are also debating construction of a new $395-million death row prison that many lawmakers say the state cannot afford.” (White, 2010). Others disagree and consider the costs worthwhile ” I agree that death penalty is irreversible, but the chance of making a mistake in the death penalty is extremely low. Death penalty is considered an extreme punishment and the judicial system takes a lot of care in finalizing the death penalty”  (123 helpme.com, 2010)

Conclusion

The emotive concept of the death penalty is a stance adopted by a large number of Americans .. “. The death penalty does what it is suppose to, which is dole out justice in direct proportion to the crime. A side benefit is that those killers don’t get another chance to take another innocent life.”  (Adams, 2004).  The key issue though is the dispensation of justice in accordance with the law.  Society needs a set of standards and legal principles to live by otherwise we would have anarchy.  There is a due process of law through the criminal trial proceedings and the jury system.  No system can be considered infallible but in the largest percentile terms the justice system gets it right.  The concept of a deterrent, like any deterrent system e.g. the nuclear deterrent is a means of making you think of consequences before you commit the act.  This means that you place a value on your life and it has a sense of purpose and meaning to you.  This may not apply in the case of terrorists and people who are criminally insane.  There then becomes the moral dilemma of whether you want these people in Society where potentially they may commit another lethal act.  “We oppose the death penalty not just for what it does to those guilty of heinous crimes, but for what it does to all of us, it offers the tragic illusion that we can defend life by taking life.” (Joseph A. Fiorenza, 2010).

Works Cited

123 helpme.com. (2010, 4 15). Capital Punishment Essay: Benefits of the Death Penalty. Retrieved 4 15, 2010, from 123 helpme.com: http://www.123helpme.com/view.asp?id=3686

Adams, J. (2004, 5 7). Does the Death Penalty ‘Prevent’ Crime? Retrieved 4 15, 2010, from The Price of Liberty: http://www.thepriceofliberty.org/04/05/07/adams.htm

Amnesty International. (2010). US Death Penalty. Retrieved 4 15, 2010, from Amnesty International: http://www.amnestyusa.org/death-penalty/death-penalty-facts/death-penalty-trends/page.do?id=1011572

Joseph A. Fiorenza. (2010). Reasons against Capital Punishment (Death Penalty). Retrieved 4 15, 2010, from Buzzle.com: http://www.buzzle.com/articles/reasons-against-capital-punishment-death-penalty.html

White, D. (2010). Pros & Cons of the Death Penalty. Retrieved 4 15, 2010, from About.com: http://usliberals.about.com/od/deathpenalty/i/DeathPenalty.htm