- 2,970
The use of the death penalty in America is an old and well-established traditiona vestige of the justice system in Britain hundreds of years ago, strengthened by the harsh traditions in our Puritan roots. For years, it has been accepted by most of mainstream America as an acceptable, just, and effective system. It wasnt until the late 1900s that the death penaltys legitimacy as device for punishment was questioned outside of the far-left fringe.
In 1972, the Supreme Court issued a historic ruling in Furman v. Georgia. The ruling held that the death penalty was cruel and unusual punishment and thus in violation of the Eighth Amendment of our Constitution. However, in response to mounting pressure from the states (particularly the South), the Supreme Court overturned the Furman decision with Gregg v. Georgia, which reinstated the death penalty in our nation.
Capital punishment continues to this day in the United States, and the list of executed convicts continues to grow exponentially. Since 1930, four-thousand two-hundred and twenty people have been executed.
Before I alienate any readers who might think that I am some sort of leftist radical for pushing for abolition of the death penalty, I encourage you to step back, loose the chains of any predisposed notions on the subject, and read with an open mind. This is an issue which I see to be of the utmost importance to America an issue growing in need of reconsideration and thought. So please, please, read with a willingness to consider arguments outside of your previous personal convictions.
The first and most fundamental part of my argument rests on the morality of capital punishment. The death penalty is immoral and violates the rights of individuals in this nation. While most of Europe, many of our allies, and even various third-world countries have abolished capital punishment, we remain in a class with countries such as Iran, Pakistan, Rwanda, Saudi Arabia, Syria, and Zimbabwe. Is this the sort of company we want to keep? America, with its tradition of morality and its idealistic ideology, has now fallen behind some of the third-world in our continued use of capital punishment. We are also the leading killer of children. Since 1990, we have executed 19 convicts who were convicted of their crimes as juveniles. Thats something we first need to realize, then consider, then act upon. What does the rest of the world see that we dont?
There have been numerous methods of execution throughout history, many of which are absolutely grotesque in every regard. But before we accept our current techniques as humane, lets look at them in further detail. Today, we employ hangings, firing squads, electrocutions, poison gas chambers, and lethal injections.
Lets consider electrocution, the second most commonly used method, considered by much of the American public to be instant. The prisoner is strapped into a wooden chair, and electrodes are attached to the head and legs. Tremendous amounts of electricity are then applied, ripping through the body with amazing force. This charge causes severe burns over all of the body, hair ignites, and eventually fluids in the brain actually boil.
An eyewitness report of the execution of John Evans in Alabama paints a particularly horrific picture of an electrocution:
A large puff of grayish smoke and sparks poured out from under the hood that covered Mr. Evans face. An overpowering stench of burnt flesh and clothing began pervading the witness room. Two doctors examined Mr. Evans and declared that he was not dead.
This same process occurred two more times before the prisoner died. The total time of the execution was fourteen minutes. Fourteen minutes of burning agony for a citizen of the United States, administered by the US government. Is this not a clear example of cruel and unusual punishment, and thus a violation of the Eighth Amendment of our Bill of Rights? And dont think that this is an isolated incident! Floridas infamous electric chair earned the title of Old Sparky because of the frequency with which it would light a prisoners hair on fire.
Is this the conduct of a civilized society? This infliction of such unbearable pain upon ANYONE is clearly cruel and unusual punishment. Now, I realize that at the time of the founding of our nation, capital punishment was considered an acceptable practice. But lets not forget, so was chattel slavery! Our nation progressed out of the era of slavery, and its time to progress out of the era of the death penalty. Supreme Court Justice Earl Warren said that the Eighth Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. Has our nation not matured sufficiently to realize that killing is wrong?
In addition to its immorality and cruelty, administration of the death penalty is discriminatory and unjust. The system of capital punishment unfairly and disproportionately harms minorities in our country. Before you dismiss this as liberal hogwash, I must present you with the overwhelming evidence and statistics demonstrating this. Since 1930, 53% of executed prisoners have been black. 53%! Take into consideration that African-Americans make up only 11% of the nations population! 11% of the population gets 53% of the executions!
You may say, Thats unfortunate, but fair. The black demographic simply has a higher murder rate. But in response to that argument, I must point out that since 1976, blacks have been 6-7 times more likely to be murdered than whites, yet 80% of murderers executed have been convicted of killing a white victim. Whats wrong with this picture?
Can this be just? Former Supreme Court Justice Harry Blackmun wrote, Race continues to play a major role in determining who shall live and who shall die. Our nation is founded upon the principle of equality for all under the law. How can we endorse a system which is so clearly unfair?
My next argument (and one of the most contested and controversial) is that the death penalty is NOT an effective deterrent of crime. First, consider the very nature of a murder. There are two kinds of murder: murders of passion, and premeditated, planned murders. In the case of a murder of passion, the perpetrator isnt thinking about his or her decision to commit murder. There is no weighing of consequences or thoughtful decision-making process. Its a spontaneous act fueled by tremendous emotionand someone who might kill under these circumstances isnt going to stop and consider the potential future effects of their actions, so there is clearly no deterrent effect under those circumstances.
The second kind of murderer, one who premeditates and plans the crime, is certainly not planning on getting caught. If the murderer thought that there was a good chance of being captured, he wouldnt commit the crime. With the assumption that he will get away, why should he worry about punishment?
If these examples and logic arent sufficiently convincing, please consider the studies which have demonstrated ineffectiveness of the death penalty as a deterrent. The New York Times conducted a study in 2000 which showed that the homicide rate for states WITHOUT the death penalty is been 48-101% lower than those WITH the death penalty.
A 1998 FBI Crime Report revealed that the regions of the country with the most executions are the most dangerous places for police. Ironically, the three leading states where police were killed were California, Texas, and Florida, which are the three leading death penalty states. There are too many similar studies and reports to name. If you want more information, Id highly recommend the Amnesty International web site. Amnesty is an NGO/think-tank with a sparkling track record and high reputation as an honorable and valuable resource.
The next point may come as a shocker to you. Contrary to popular belief, the death penalty is significantly more expensive than a life prison sentence without parole. Supporters of the death penalty frequently argue that holding a prisoner for up to 70 years is too high a burden on U.S. taxpayers. This is simply unfounded. The Miami Herald reports that Florida spends $3.2 million dollars on each execution --- or roughly SIX TIMES more than a life-imprisonment sentence. The Dallas Morning News reports that Texas spends $2.3 million per execution, or about three times the cost of forty years in prison at the highest security level.
Even more shocking, the National Bureau of Economic Research reported that from 1982-1997, all capital trials cost the country an EXTRA $1.6 BILLION dollars, which would be eliminated if the death penalty were to be banned. Thats $1.6 billion dollars more than would be needed if the highest punishment was life without parole. What could we do with $1.6 billion dollars? There are 90,000 public schools in the United States right now. With $1.6 billion dollars, we could give each public school almost $18,000. With much of our nations educational system counting on every penny, thats significant!
You must also know that innocent people have been and continue to be put to death. According to the Stanford Law Review, there are on average 4 cases each year when an innocent person is convicted of murder. Inevitably, some of these cases involve the death penalty.
Furthermore, 107 people have been released from death row due to innocence since 1973, some within minutes of execution. If this many have been found to be innocent, how many do you think may have slipped through the cracks? Is that a risk youre willing to take?
The idea that innocent people have been executed for crimes they didnt commit strengthens my absolute resolve that capital punishment must be abolished. Right now, as you read, someone is sitting in a death row cell with the knowledge that he didnt commit any crime but will be killed nonetheless. This could be YOU, or your mother, brother, or child. And I dont accept the argument that mistakes are bound to happen. Even ONE innocent death to capital punishment is a failure of the system.
Finally, nothing is accomplished as a consequence of capital punishment that cant be accomplished as well or better by a life sentence without parole. Both remove a criminal from society. Both ensure that he or she can never kill an innocent person again. Both are very severe punishments. Plus, a death sentence has one indisputable, fundamental, and most obvious disadvantage when compared to life in prison. Death is irrevocable. In the event that evidence emerges which proves someone who was executed was actually innocent, nothing can be done. But in a high security prison with a life sentence, the innocent citizen can be exonerated and go on to live the rest of their life. If theyve been killed, they cant. End of story. And, of course, life imprisonment without parole doesnt have any of the constitutional violations of the death penalty.
Its time for out country and legislators to realize that the death penalty is an archaic, obsolete, cruel practice. Lets abolish it . . . the sooner the better. I am hopeful that this piece may have changed a few minds or at least caused some people consider the morality, justice, and legitimacy of capital punishment. If you read this and stuck with it to the end, I extend my most sincere thanks. Anyone is welcome to discuss this with me . . . just drop me a line.
In 1972, the Supreme Court issued a historic ruling in Furman v. Georgia. The ruling held that the death penalty was cruel and unusual punishment and thus in violation of the Eighth Amendment of our Constitution. However, in response to mounting pressure from the states (particularly the South), the Supreme Court overturned the Furman decision with Gregg v. Georgia, which reinstated the death penalty in our nation.
Capital punishment continues to this day in the United States, and the list of executed convicts continues to grow exponentially. Since 1930, four-thousand two-hundred and twenty people have been executed.
Before I alienate any readers who might think that I am some sort of leftist radical for pushing for abolition of the death penalty, I encourage you to step back, loose the chains of any predisposed notions on the subject, and read with an open mind. This is an issue which I see to be of the utmost importance to America an issue growing in need of reconsideration and thought. So please, please, read with a willingness to consider arguments outside of your previous personal convictions.
The first and most fundamental part of my argument rests on the morality of capital punishment. The death penalty is immoral and violates the rights of individuals in this nation. While most of Europe, many of our allies, and even various third-world countries have abolished capital punishment, we remain in a class with countries such as Iran, Pakistan, Rwanda, Saudi Arabia, Syria, and Zimbabwe. Is this the sort of company we want to keep? America, with its tradition of morality and its idealistic ideology, has now fallen behind some of the third-world in our continued use of capital punishment. We are also the leading killer of children. Since 1990, we have executed 19 convicts who were convicted of their crimes as juveniles. Thats something we first need to realize, then consider, then act upon. What does the rest of the world see that we dont?
There have been numerous methods of execution throughout history, many of which are absolutely grotesque in every regard. But before we accept our current techniques as humane, lets look at them in further detail. Today, we employ hangings, firing squads, electrocutions, poison gas chambers, and lethal injections.
Lets consider electrocution, the second most commonly used method, considered by much of the American public to be instant. The prisoner is strapped into a wooden chair, and electrodes are attached to the head and legs. Tremendous amounts of electricity are then applied, ripping through the body with amazing force. This charge causes severe burns over all of the body, hair ignites, and eventually fluids in the brain actually boil.
An eyewitness report of the execution of John Evans in Alabama paints a particularly horrific picture of an electrocution:
A large puff of grayish smoke and sparks poured out from under the hood that covered Mr. Evans face. An overpowering stench of burnt flesh and clothing began pervading the witness room. Two doctors examined Mr. Evans and declared that he was not dead.
This same process occurred two more times before the prisoner died. The total time of the execution was fourteen minutes. Fourteen minutes of burning agony for a citizen of the United States, administered by the US government. Is this not a clear example of cruel and unusual punishment, and thus a violation of the Eighth Amendment of our Bill of Rights? And dont think that this is an isolated incident! Floridas infamous electric chair earned the title of Old Sparky because of the frequency with which it would light a prisoners hair on fire.
Is this the conduct of a civilized society? This infliction of such unbearable pain upon ANYONE is clearly cruel and unusual punishment. Now, I realize that at the time of the founding of our nation, capital punishment was considered an acceptable practice. But lets not forget, so was chattel slavery! Our nation progressed out of the era of slavery, and its time to progress out of the era of the death penalty. Supreme Court Justice Earl Warren said that the Eighth Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. Has our nation not matured sufficiently to realize that killing is wrong?
In addition to its immorality and cruelty, administration of the death penalty is discriminatory and unjust. The system of capital punishment unfairly and disproportionately harms minorities in our country. Before you dismiss this as liberal hogwash, I must present you with the overwhelming evidence and statistics demonstrating this. Since 1930, 53% of executed prisoners have been black. 53%! Take into consideration that African-Americans make up only 11% of the nations population! 11% of the population gets 53% of the executions!
You may say, Thats unfortunate, but fair. The black demographic simply has a higher murder rate. But in response to that argument, I must point out that since 1976, blacks have been 6-7 times more likely to be murdered than whites, yet 80% of murderers executed have been convicted of killing a white victim. Whats wrong with this picture?
Can this be just? Former Supreme Court Justice Harry Blackmun wrote, Race continues to play a major role in determining who shall live and who shall die. Our nation is founded upon the principle of equality for all under the law. How can we endorse a system which is so clearly unfair?
My next argument (and one of the most contested and controversial) is that the death penalty is NOT an effective deterrent of crime. First, consider the very nature of a murder. There are two kinds of murder: murders of passion, and premeditated, planned murders. In the case of a murder of passion, the perpetrator isnt thinking about his or her decision to commit murder. There is no weighing of consequences or thoughtful decision-making process. Its a spontaneous act fueled by tremendous emotionand someone who might kill under these circumstances isnt going to stop and consider the potential future effects of their actions, so there is clearly no deterrent effect under those circumstances.
The second kind of murderer, one who premeditates and plans the crime, is certainly not planning on getting caught. If the murderer thought that there was a good chance of being captured, he wouldnt commit the crime. With the assumption that he will get away, why should he worry about punishment?
If these examples and logic arent sufficiently convincing, please consider the studies which have demonstrated ineffectiveness of the death penalty as a deterrent. The New York Times conducted a study in 2000 which showed that the homicide rate for states WITHOUT the death penalty is been 48-101% lower than those WITH the death penalty.
A 1998 FBI Crime Report revealed that the regions of the country with the most executions are the most dangerous places for police. Ironically, the three leading states where police were killed were California, Texas, and Florida, which are the three leading death penalty states. There are too many similar studies and reports to name. If you want more information, Id highly recommend the Amnesty International web site. Amnesty is an NGO/think-tank with a sparkling track record and high reputation as an honorable and valuable resource.
The next point may come as a shocker to you. Contrary to popular belief, the death penalty is significantly more expensive than a life prison sentence without parole. Supporters of the death penalty frequently argue that holding a prisoner for up to 70 years is too high a burden on U.S. taxpayers. This is simply unfounded. The Miami Herald reports that Florida spends $3.2 million dollars on each execution --- or roughly SIX TIMES more than a life-imprisonment sentence. The Dallas Morning News reports that Texas spends $2.3 million per execution, or about three times the cost of forty years in prison at the highest security level.
Even more shocking, the National Bureau of Economic Research reported that from 1982-1997, all capital trials cost the country an EXTRA $1.6 BILLION dollars, which would be eliminated if the death penalty were to be banned. Thats $1.6 billion dollars more than would be needed if the highest punishment was life without parole. What could we do with $1.6 billion dollars? There are 90,000 public schools in the United States right now. With $1.6 billion dollars, we could give each public school almost $18,000. With much of our nations educational system counting on every penny, thats significant!
You must also know that innocent people have been and continue to be put to death. According to the Stanford Law Review, there are on average 4 cases each year when an innocent person is convicted of murder. Inevitably, some of these cases involve the death penalty.
Furthermore, 107 people have been released from death row due to innocence since 1973, some within minutes of execution. If this many have been found to be innocent, how many do you think may have slipped through the cracks? Is that a risk youre willing to take?
The idea that innocent people have been executed for crimes they didnt commit strengthens my absolute resolve that capital punishment must be abolished. Right now, as you read, someone is sitting in a death row cell with the knowledge that he didnt commit any crime but will be killed nonetheless. This could be YOU, or your mother, brother, or child. And I dont accept the argument that mistakes are bound to happen. Even ONE innocent death to capital punishment is a failure of the system.
Finally, nothing is accomplished as a consequence of capital punishment that cant be accomplished as well or better by a life sentence without parole. Both remove a criminal from society. Both ensure that he or she can never kill an innocent person again. Both are very severe punishments. Plus, a death sentence has one indisputable, fundamental, and most obvious disadvantage when compared to life in prison. Death is irrevocable. In the event that evidence emerges which proves someone who was executed was actually innocent, nothing can be done. But in a high security prison with a life sentence, the innocent citizen can be exonerated and go on to live the rest of their life. If theyve been killed, they cant. End of story. And, of course, life imprisonment without parole doesnt have any of the constitutional violations of the death penalty.
Its time for out country and legislators to realize that the death penalty is an archaic, obsolete, cruel practice. Lets abolish it . . . the sooner the better. I am hopeful that this piece may have changed a few minds or at least caused some people consider the morality, justice, and legitimacy of capital punishment. If you read this and stuck with it to the end, I extend my most sincere thanks. Anyone is welcome to discuss this with me . . . just drop me a line.