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Just Desserts
Is the death penalty cruel and unusual punishment without just cause, or is it just
desserts? According to the 8th Amendment of the United States Constitution: “… nor cruel or
unusual punishment inflicted.” (U.S. Constitution, 1791). It states that no one will be sentenced
to a punishment greater than the crime, with a just system in place to ensure other constitutional
rights are not infringed upon. I believe capital punishment is justified under the right
circumstances. Some may say the capital punishment is cruel, for the reason you are
extinguishing a bright, human life. However, is that life so bright if it smothered and snuffed out
others?
Before exploring the modern day implications of capital punishment, one must
understand that the death penalty is as old as law itself. According to the website procon.org, the
Code of Hammurabi “contained the first known death penalty laws” (History of the Death
Penalty), and that was 1700’s B.C. Throughout history, capital punishment has been applied to
the most serious crimes according to a civilization’s values at the time. Whether it’s helping
slaves escape in the 18th century B.C., or murder in the 21st A.D., humanity has punished criminals
with the death penalty for heinous crimes for thousands of years.
For Americans, the death penalty is an incredibly controversial issue relating to every
citizen’s constitutional rights. Regardless of which side of the issue you agree with, it is
important to recognize the death penalty is only applicable to criminal cases of aggravated
murder, treason, kidnapping, and rape, as well as a few other various crimes that vary from state
to state (Death Penalty Information Center). One may only be sentenced to death if they have
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been convicted by a jury of their peers and if they have committed one of the aforementioned
crimes. Therefore, their constitutional right to a fair trial, as granted by the 6th Amendment to the
Constitution, is never violated (U.S. Constitution, 1791).
As well, the death penalty affects the common good of society as a whole. Capital
punishment keeps the truly dangerous criminals off the streets and out of the prison system.
Those that choose to rape and murder could never hope to ever contribute positively to society,
so, why should they live in prison and sponge off of state and federal government funds. In short,
capital punishment keeps the general public safe from those that would seek to cause harm and
grief.
Furthermore, the interaction between these two features of American life is subject to
fierce debate. I believe that the common good must come before individual rights, or the needs
and safety of the public come before the rights of the individual. Now, this may seem like an
alienation of one’s rights, but the public is a conglomerate of people with their own rights, the
rights to life, liberty, and the pursuit of happiness as outlined by the Declaration of Independence
(Declaration of Independence, 1776). So, the question posed is how can a person utilize and live
these rights when there are murderers, rapists, and bombers that seek to undermine the safety of
the American public. The answer is to apply the death penalty to the most gruesome of crimes
and to remove these individuals from the world once and for all, to ensure that no one may ever
again fall victim to a heinous or violent crime. Additionally, let us not forget that each of these
criminals is entitled due process of law and a fair trial. The scales are tipped in favor of the
public as far as rights are concerned.
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Moreover, I intend to advocate my position by providing dangerous criminals on death
row that are the underbelly of society. As well, I will explore the morality and implementation of
capital punishment. There is a constitutional principle behind the 8th Amendment: that no on
shall receive a punishment greater than the crime committed. This is an apt policy, demonstrating
the foresight of our founding fathers. It ensures capital punishment is not doled out for minor
crimes such as petty theft or vandalism. Rather, it is reserved for only the most gruesome of
crimes.
One such gruesome crime was the 2005 murders of Brenda Groene, her boyfriend and
son, as well as the kidnapping of Brenda’s two youngest Shasta and Dylan in Coeur d’ Alene,
Idaho (Joseph Duncan, Spokesman.com). The perpetrator, convicted felon Joseph Edward
Duncan, then proceeded to murder Dylan in the Montana wilderness. As well, after his
apprehension by the authorities he was tied to several other murders, one in California and two in
Washington. Duncan was given due process of law, and was sentenced to ten consecutive life
sentences and the death penalty for seven murders across four states in a ten year time span. The
constitutional principle of just punishment was upheld, an eye for an eye. Justice was served in
this instance, for if one murders seven others in cold blood, how can they themselves be worthy
of life?
Inversely, opponents to capital punishment unanimously believe that the punishment is
racially biased. They believe this because the majority of prisoners on death row are in fact
minorities. However, an independent study conducted by the R.A.N.D. Corporation (Research
ANd Development), in which several separate teams were tasked with determining whether or
not race factors into capital punishment (Muhlhausen, The Death Penalty Deters Crime and
Saves Lives). They concluded, independently with no inter-team contact, that incases resulting in
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the death penalty, “… that decisions to seek the death penalty are driven by characteristics of
crimes rather than by race.” Furthermore, Prof. Richard Berk of the University of California
concluded that “cases with a black defendant and white victim or ‘other’ racial combination are
less likely to have a death sentence.” (Muhlhausen).
In continuation, another primary argument against capital punishment is it costs state and
federal governments a great deal to carry out the sentences. They believe this because of constant
appeals to convictions and demanded re-trials due to new evidence that cost the courts time and
money over the course of decades per inmate. However, in a letter to the editor of the Inland
Valley Daily Bulletin, Assemblyman Curt Hagman of the California State Assembly observes
the people against the death penalty are the ones that are creating the deficits with those very
same appeals. (Hagman, Inland Valley Daily Bulletin). In this way, I believe the opposition to
capital punishment, groups such as the American Civil Liberties Union (ACLU), is poisoning the
public and courts against justice for grisly crimes. The solution to this problem is to take all the
time needed the first time around, as well as to gather all possible evidence and prove beyond a
shadow of a doubt guilt or innocence, as well as limiting appeals to one per inmate.
In summary, the death penalty must be applied strictly, quickly, and fairly. By
implementing the death penalty, justice can be served for capital crimes such as murder, and the
public will be safe from humanity’s worst. Also, if we as a nation dispose of all the red tape in
the judicial system, the cost for euthanizing inmates will be reduced drastically. The time to act
is now. Hundreds of prisoners have sat on death row for 30 years or more, with countless victims
and families never seeing justice served. Help set everyone’s minds at ease and encourage the
death penalty.
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Bibliographies
The Declaration of Independence. The Heritage Foundation. 2008. Print
Hagman, Curt. “Don’t End Death Penalty, Streamline It.” Inland Valley Daily Bulletin. 5
May 2012. Web. 5 Dec. 2012.
<http://search.proquest.com/docview/1011073902/13ACC4937C578F474D0/22?account
ide=2829>
Muhlhausen, David B. “The Death Penalty Deters Crime and Saves Lives.” Heritage.org.
28 Aug 2007. Web. 29 Nov. 2012. <http://heritage.org/research/testimony/the-deathpenalty-dters-crime-and-saves-lives.>
Staff Writer. “Crime Punishable by Death.” Deathpenaltyinfo.org. Bjs.ojb.usdoj.gov. 29
Jan. 2012. Web. 29 Nov. 2012. <http://deathpenaltyinfo.org/crime-punishable-deathpenalty#BJS>
Staff Writer. “History of the Death Penalty.” Procon.org. 8 May 2012. Web. 28 Nov.
2012. <http://deathpenalty.procon.org/view.resource.php?resourceID=003096.>
Staff Writer. “Joseph Duncan”. Spokesman.com. 15 Mar. 2011. Web. 11 Dec. 2012.
<http://www.spokesman.com/topics/joseph-duncan/>
U.S. Constitution. Art./Amend. XI, Sec. 3
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U.S. Constitution. Art./Amend. XIII, Sec. 3