CAPITAL PUNISHMENT Tyler Burke Sociology 1010 Table of Contents • Initial Reflection of Topic • Definition and Social Problem • Questions to Ask Yourself • History of Death Penalty • Pros and Cons of Death Penalty • Life Imprisonment vs. Capital Punishment • Final Reflection of Topic Reflection 1 Before Research Knowledge The Capital Punishment is also known as the “death penalty “is a punishment instituted by the state government for people that commit serious felony charges in the United States. Felony cases in which the individual either hurt a massive group of people or is a threat to society still tend to have this sentence. Terrorists found in the US have been given this sentence. However, this sentence is highly debated throughout the country. In fact, about 30 states have or enforce the Capital Punishment sentence. In the states that do not have this sentence as legal tend to morally have a problem with Capital Punishment. These people tend to believe this sentence is barbaric and just because they committed horrific crimes we should not give this person a death sentence. On the other hand states that have the death penalty tend to have a different way of thinking. Most people residing in these states believe that some people have committed crimes so awful and terrible to society itself that they as a person should not be able to live in a jail and live off taxpayer’s money. I tend to just know the basic opinions on the subject but want to know actual statistics, costs, and pretty much everything else on the topic. I believe that becoming more aware of the Capital Punishment sentence will help me become a more informed citizen and voter in the future. Capital Punishment • Definition: The use of the death penalty to punish wrongdoers for serious crimes. • Social Problem: Some believe it a primitive form of punishment that needs to be abolished while others believe the punishment prevents future crime and recidivism. o Country divided ( 32 states support while 18 against). Death Penalty in America Questions to Consider: • Is the purpose of the death penalty to remove from society someone who would cause more harm? • Is the purpose to remove from society someone who is incapable of rehabilitation? • Is the purpose of the death penalty to deter others from committing murder? • Is the purpose of the death penalty to punish the criminal? • Is the purpose of the death penalty to take retribution on behalf of the victim? Article 1: Death Penalty History William Kemmler’s case 1890 : leads to Supreme court ruling found all forms execution are constitutional Weems case 1910: Court set two rules concerning sentencing 1. Cruel and unusual punishment is defined by the changing norms and standards of society and therefore not based on historical interpretations 2. Courts may decide whether a punishment is unnecessarily cruel with regard to physical pain and psychological pain Furman Decision 1960: The Bifurcated death penalty process. A two phrase system , a criminal trial phase and a sentencing hearing phase Ring v Arizona 2002: Determined people who are considered mentally ill, insane or too young cannot be executed. January 17, 1977 Gary Gilmore first man executed under new laws. State governments became responsible for abiding to bifurcated punishment laws. Article 1: Death Penalty History Summary Analysis • This article covers the evolution • It gives a better understanding of Capital Punishment and its major turning points that affect how the Death Penalty is used today. of what others thought and how they acted towards the death penalty in the past. Previous cases in the US help us to come up with current solution now. • Additional background knowledge such as this helps us make a more educated guess that will most likely be the right one. Pros and Cons- Article 2 Pros Cons • Deters Serious Crimes • Fiscally expensive • Prevents Recidivism • Violates Human Rights • Ensures community • No Rehabilitation process protection Article 2 Points of View Pro- Capital Punishment Clark County, Indiana Prosecuting Attorney "...there are some defendants who have earned the ultimate punishment our society has to offer by committing murder with aggravating circumstances present. I believe life is sacred. It cheapens the life of an innocent murder victim to say that society has no right to keep the murderer from ever killing again. In my view, society has not only the right, but the duty to act in self defense to protect the innocent." Con-Capital Punishment Amnesty International "The death penalty is the ultimate denial of human rights. It is the premeditated and coldblooded killing of a human being by the state in the name of justice. It violates the right to life...It is the ultimate cruel, inhuman and degrading punishment. There can never be any justification for torture or for cruel treatment." Article 2 Summary • This article directly compares the pros and cons of capital punishment. It shares inside information along with famous quotes that set the debate and personal opinion openly and clearly. Analysis • I was provided with prominent and reliable sources stating their origin and educational background. I learned of the true debate and the main points therein. This pertained to my topic well and gave me a greater understanding of it. Life Imprisonment vs. Capital Punishment • Community and Individual Costs • Crime and Individual Criminal Impact Community Cost- Article 3 Capital Punishment Cost • Longer Jury Trials • More complicated and frequent appeals • Continuous motions • Drawn out Trial Preparation Due to these things the capital punishment sentence costs the individual and the state many times the cost of keeping a prisoner in prison for life. "Cases receiving a death notice are approximately $517,000 more costly during the trial phase, $147,000 more costly during the penalty phase, and $201,000 more costly during the appellate phase than a capital eligible case where no death notice was filed. On average, a death notice adds about $1,000,000 in costs over the duration of a case." • John Raman: PHD Article 3: Community Cost Summary Analysis This site along with its many references presented me with an accurate cost of the death penalty on the state, community and the individual himself. It compared and defined the massively misconstrued idea that Life in Prison costs more money. It provided a new light to my topic by giving its financial impact on society. Article 4- Death Row Unseen horror Death Row cells are inhumane • Prisoners are on average left in solitary confinement for over 22 hours until execution. • Rooms are depressing and small for captives Article 4- Death Row Summary The report reveals that most death row prisoners are housed in tiny cells, ranging from 36-100 square feet, roughly the size of an average bathroom; 93% of states lock up their death row prisoners for 22 or more hours a day. Analysis This report exposes the true horror of the death penalty and its inhumane effects. The novel was written by a captive before he was executed. This article gives an insider opinion to the view of the death penalty. Cullen and Ball 2005 Article 5:Criminal Impact Life in Prison •Does not prevent recidivism •Prone to additional crime and depression •However, may open areas of religious avenues and possible change "the inmate who has served a longer amount of time, becoming more “prisonised” in the process, has had his tendencies toward criminality strengthened and is therefore more likely to recidivate than the inmate who has served a lesser amount of time" Article 5- Criminal Impact Summary • Life imprisonment really does not promote a behavior change in criminals. Criminals are prone to emotional trauma that can lead to violence. Analysis • Life imprisonment may not be as humane as people may think. Ending a horrible life through capital punishment may be a more viable option especially if criminals have emotional damages. Final Reflection • The death penalty became the highly debated topic that I believed it would become. Opinions from both right and left wings, police officers and criminals and the overall general public understanding gave me a far better understanding of the problem at hand. A capital punishment I found depended mainly on situation, seriousness of the crime, who was involved and even the community tax payers running the incarceration facilities. It would shocking to find out that the Death Penalty causes the state and the charged criminal more headaches fiscally. Due to longer jury trials, more complicated and frequent appeals, continuous motions and drawn out trial preparation the death penalty cost the state and its individuals 3 times the cost of housing a criminal in jail for life. In fact according to John Rahman, “on average, a death notice adds about $1,000,000 in costs over the duration of a case.“ The death penalty may not be however, the most fiscally responsible system however, it is the greatest deterrent the legal system can use in preventing criminals from once again committing crime. Life imprisonment does not have that effect. Researchers have proven that criminals locked up for life not only have a greater chance of committing crime compared to others that are incarcerated but than those that have the death penalty. Many argue that the rehabilitation center inside the jail could help aid that problem. However, statistics show that this rehabilitation center has completed little change in the criminals and their behavior. Those that support the death penalty believe it has several purposes: it deters crime/murder, punishes criminal and seeks retribution of victim, to remove harmful criminals that may be dangerous to citizens or themselves. . From my research I believe the system of Capital Punishment needs to be altered to become more fiscally responsible so that situations involving the Death penalty will run more smoothly. Life imprisonment may seem more humane however; criminals subject to their life rotting in the prison for good are susceptible to additional crimes. Unless the Life imprisonment comes up with a more statistically consistent solution to recidivism, the Death Penalty should be looked toward more . To keep our streets safe for now and the future the Death penalty may still be the best option for dealing with extreme criminals. Works Cited URL Used: • http://deathpenalty.procon.org/view.answers.php?questionID=001000 • http://www.deathpenaltyinfo.org/costs-death-penalty • http://www.newworldencyclopedia.org/entry/Capital_punishment Books Used: • L. Kay Gillespie, The Unforgiven: A History of Utah's Executed Men (1991) • A Death before Dying: Solitary Confinement on Death Row: Anthony Graves People Opinions Based Off : • Dec. 1, 1997 - Gary D. Beatty, J • Dec. 15, 2009 - John Roman, PhD • Apr. 18, 2012 - Charles M. Harris, JD • Clark County, Indiana Prosecuting Attorney • Amnesty International