Running head: CAPITOL PUNISHMENT
1
CAPITAL PUNISHMENT
Life or Death
Chris Rieck
Salt Lake Community College
Criminal Justice 1010-022
CRN 25304
“We must reject the idea that every time a law's broken, society is guilty rather than the
lawbreaker. It is time to restore the American precept that each individual is accountable for his
actions.” – Governor Ronald Reagan, July 31, 1968 ¹
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Capital Punishment
Mission Statement
How do you feel about capital punishment? Do you understand what it is? Do you know
what it means to end someone’s life regardless of the crimes they’ve committed? Do you have
empathy for these inmates? There are several factors you’re probably not considering such as
deterrence, retribution, innocence, arbitrariness or discrimination, the cost, the eighth amendment
and in reading this paper you will have the knowledge to successfully argue in favor or against
capital punishment. Take note on your opinion before and after reading this and ask yourself
how you feel about capital punishment now.
Definition of Capital Punishment
Capital punishment or the death penalty is a legal process where a person is put to death
by the state as a punishment for a crime. The term death sentence is a decree that someone is
punished judicially. An execution is the act of killing someone. Capital crimes are crimes that
are punishable by the death sentence.
Early Death Penalty Laws
“The death penalty laws date back as far as the Eighteenth Century B.C. in the Code of
King Hammurabi of Babylon, which codified the death penalty for 25 different crimes. Death
sentences were carried out by such means as crucifixion, drowning, beating to death, burning
alive, and impalement.” (Randa, n.d.).
The Death Penalty in America
Capital punishment is still implemented and carried out today but with much more
humane methods compared to the eighteenth century. To eradicate the death penalty entirely is a
compelling debate among many Americans today. A total of 1,366 people since 1976 (including
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2014) have been executed in the USA alone. Today there are a total of 3,125 inmates on deathrow in America. The numbers of inmates being executed is drastically dropping as state after
state abolish the death sentence. “As of 2013 only 39 people have been executed compared to
1998 when 98 inmates were executed. There are a total of 32 states that currently implement the
death penalty today, while 6 states since 2007 have abolished the death penalty.” (Richardson,
n.d).
Deterrence
Defined
Deterrence is defined as the inhibition of criminal behavior by fear especially of
punishment. (Definition, n.d). This is basically stating that capital punishment or the death
penalty is a deterrent for murder and to prevent future murders from happening.
Hypothesis
With the definition of deterrence stating that it will deter criminals from committing
murder where they live in a state that has the death penalty we can conclude, what we fear the
most deters the most. A person afraid of heights for example would more than likely stay away
from tall ladders, climbing trees or bungee jumping. The fear of heights deters this person from
such activities. Some arguments that deterrence does in fact deter homicide from taking place
are that it keeps the guards in prisons and jails safer or gives them the sense that they are
somewhat protected. Another argument in favor of deterrence is that by executing a murderer
you have already saved a life or lives. This argument states that by executing a murderer you
have saved lives by not allowing that person parole or probation which could result in that
criminal repeat offending thus taking someone’s life that could have been prevented.
We can
also hypothesize that in states where the death penalty is in effect that by definition these states
should have a lower homicide rate.
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Facts
“Of the roughly 52,000 state prison inmates serving time for murder in 1984, an
estimated 810 had previously been convicted of murder and had killed 821 persons following
their previous murder convictions. Executing each of these inmates would have saved 821 lives."
(Sharp, 10/1/97). “ 9-15% of those on death row committed, at least, one additional murder,
prior to that murder which has currently put them on death row; 67% had a prior felony
conviction; 42% had an active criminal justice status when they committed their capital offense;
14% of those sentenced to death from 1988-94, had received two or more death sentences.”
(Sharp, 10/1/97).
The chart below shows all 50 states the ones marked in yellow have no death penalty.
According to the information stated in the chart for 2012 the average murder rate of death
penalty states was 4.7, while the average murder rate of states without the death penalty was 3.7.
We can conclude from this information that states having the death penalty; deterrence has not
hindered people from committing homicides with the threat that they may be convicted and
sentenced to death.
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NATIONWIDE MURDER RATES, 1996 - 2012
ALPHABETICAL BY STATE
MURDER RATES PER 100,000 PEOPLE
States marked in yellow have no death penalty statute
YEAR
201 201 201 200 200 200 200 200 200 200 200 200 200 199 199 199 199
2
1
0
9
8
7
6
5
4
3
2
1
0
9
8
7
6
10.
4
Alabama
7.1 6.2 5.7 6.8 7.6 8.9 8.3 8.2 5.6 6.6 6.8 8.5 7.4 7.9 8.1 9.9
Alaska
4.1 4.1 4.3 3.1 4.1 6.4 5.4 4.8 5.6
Arizona
5.5 6.1 6.4 5.8 6.3 7.4 7.5 7.5 7.2 7.9 7.1 7.5 7.0 8.0 8.1 8.2 8.5
Arkansas
5.9 5.4 4.6 6.2 5.7 6.7 7.3 6.7 6.4 6.4 5.2 5.5 6.3 5.6 8.0 9.9 8.7
California
5.0 4.8 4.8 5.3 5.8 6.2 6.8 6.9 6.7 6.8 6.8 6.4 6.1 6.0 6.6
8 9.1
Colorado
3.1 3.0 2.6 3.2 3.2 3.1 3.3 3.7 4.4 3.9 4.0 3.6 3.1 4.6 4.6
4 4.7
6 5.1 6.1 4.3 8.6 6.7 8.9 7.4
Connecticu
4.1 3.6 3.7 3.0 3.5 3.0 3.1 2.9 2.6 3.0 2.3 3.1 2.9 3.3 4.1 3.8 4.8
t
Delaware
6.2 5.3 5.7 4.6 6.5 4.3 4.9 4.4 2.0 2.9 3.2 2.9 3.2 3.2 2.8 2.5 4.3
Florida
5.2 5.2 5.2 5.5 6.4 6.6 6.2 5.0 5.4 5.4 5.5 5.3 5.6 5.7 6.5 6.9 7.5
Georgia
5.9 5.6 5.7 5.8 6.6 7.5 6.4 6.2 6.9 7.6 7.1 7.1 8.0 7.5 8.1 7.5 9.5
Hawaii
2.1 1.5 1.8 1.8 1.9 1.7 1.6 1.9 2.6 1.7 1.9 2.6 2.9 3.7
Idaho
1.8 2.2 1.4 1.6 1.5 3.3 2.5 2.4 2.2 1.8 2.7 2.3 1.2
Illinois
5.8 6.1 5.5 6.0 6.1 5.9 6.1
Indiana
4.7 4.7 4.1 4.9 5.1 5.6 5.8 5.7 5.1 5.5 5.9 6.8 5.8 6.6 7.7 7.3 7.2
Iowa
1.5 1.4 1.2 1.3 2.5 1.2 1.8 1.3 1.6 1.6 1.5 1.7 1.6 1.5 1.9 1.8 1.9
Kansas
2.9 3.9 3.4 4.4
Kentucky
4.5 3.5 4.3 4.3 4.6 4.8
Louisiana
10. 11. 11. 11. 11. 14. 12.
12.
9.9
8
1
0
8
9
2
4
7
Maine
1.9 2.0 1.8 2.0 2.4 1.6 1.7 1.4 1.4 1.2 1.1 1.4 1.2 2.2
Maryland
6.3 6.8 7.4 7.7 8.8 9.8 9.7 9.9 9.4 9.5 9.4 8.3 8.1
9
Massachus
etts
1.8 2.8 3.3 2.6 2.6 2.9 2.9 2.7 2.6 2.2 2.7 2.3
2
Michigan
7.0 6.2 5.9 6.2 5.4 6.7 7.1 6.1 6.4 6.1 6.7 6.7 6.7
Minnesota
1.8 1.4 1.8 1.4 2.1 2.2 2.4 2.2 2.2 2.5 2.2 2.4 3.1 2.8 2.6 2.8 3.6
4 3.4
2 2.9 3.2 3.6
6 6.1 7.1 7.5 7.9 7.2 7.7 8.4 9.2
4 3.9 4.6 3.7 4.5 4.5 2.9 3.4 6.3
6 5.9
10
6 6.6
4 4.6 5.7 4.6 4.5 4.7 4.8 5.4 4.6 5.8 5.9
13
13. 11. 12. 10. 12. 15. 17.
2
2
5
7
8
7
5
Mississippi 7.4 7.8 6.9 6.6 8.1 7.1 7.7 7.3 7.8 9.3 9.2 9.9
Missouri
2
6.5 6.1 7.0 6.5 7.7 6.5 6.3 6.9 6.2
2
2
2
2
10 9.9
11.
6
2 1.9 2.6
7 7.3 7.8 7.5
9 7.7
11. 13. 11.
4
1
1
5 5.8 6.6 6.2 6.6 7.3 7.9 8.1
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Montana
2.7 2.9 2.5 3.3 2.4 1.5 1.8 1.9 3.2 3.3 1.8 3.8 1.8 2.6 4.1 4.8 3.9
Nebraska
2.9 3.7 3.0 2.3 3.8 3.8 2.8 2.5 2.3 3.2 2.8 2.5 3.7 3.6 3.1
Nevada
4.5 5.1 5.8 5.9 6.3 7.5
9 8.5 7.4 8.8 8.3 8.5 6.5 9.1 9.7
New
Hampshire
1.1 1.3 1.0 0.8
1 1.4 1.4 1.4 0.9 1.4 1.8 1.5 1.5 1.4 1.7
1 1.1
New Jersey 4.4 4.3 4.2 3.7 4.3 4.4 4.9 4.8 4.5 4.7 3.9
3 2.9
11. 13.
2
7
4 3.4 3.5
4 4.2 4.2
6 8.2 5.4 7.4 9.8
10.
11.
7.7
9
5
New
Mexico
5.6 7.6 6.8 9.9 7.2 8.2 6.8 7.4 8.9
New York
3.5 3.9 4.5 4.0 4.3 4.2 4.8 4.5 4.6 4.9 4.7
North
Carolina
4.9 5.2 5.0 5.2 6.5 6.5 6.1 6.7 6.2 6.1 6.6 6.2
North
Dakota
4.0 3.5 1.5 1.9 0.5 1.9 1.3 1.1 1.4 1.9 0.8 1.1 0.6 1.6 1.1 0.9 2.2
Ohio
4.3 4.4 4.2 4.6 4.7 4.5 4.7 5.1 4.5 4.6 4.6
Oklahoma
5.7 5.6 5.2 6.3 5.8 6.1 5.8 5.3 5.3 5.9 4.7 5.3 5.3 6.9 6.1 6.9 6.8
Oregon
2.4 2.2 2.5 2.3 2.2 1.9 2.3 2.2 2.5 1.9
5
5
5 5.1
7 7.2 8.1 8.3 8.5
4 3.7 3.5
2 2.4
6 7.4
4 4.7 4.8
2 2.7 3.8 2.9
4
Pennsylvan
5.4 5.0 5.1 5.3 5.6 5.8 5.9 6.1 5.2 5.3 5.1 5.3 4.9 4.9 5.3 5.9 5.7
ia
Rhode
Island
3.2 1.3 2.8 3.0 2.8 1.8 2.6 3.2 2.4 2.3 3.8 3.7 4.3 3.6 2.4 2.5 2.5
South
Carolina
6.9 6.8 5.7 6.7 6.8
South
Dakota
3.0 2.4 2.8 3.7 3.2 2.1 1.2 2.3 2.3 1.3 1.4 0.9 0.9 2.5 1.4 1.4 1.2
Tennessee
6.0 5.9 5.6 7.4 6.6 6.4 6.8 7.2 5.9 6.8 7.2 7.4 7.2 7.1 8.5 9.5 9.5
Texas
4.4 4.4 4.9 5.4 5.6 5.9 5.9 6.2 6.1 6.4
6 6.2 5.9 6.1 6.8 6.8 7.7
Utah
1.8 1.8 1.9 1.4 1.4 2.2 1.8 2.3 1.9 2.5
2
Vermont
1.3 1.8 1.1 1.3 2.7 1.9 1.9 1.3 2.6 2.3 2.1 1.1 1.5 2.9 2.6 1.5 1.9
Virginia
3.8 3.8 4.7 4.7 4.7 5.3 5.2 6.1 5.2 5.6 5.3 5.1 5.7 5.7 6.2 7.2 7.5
Washingto
n
3.0 2.4 2.3 2.9 2.9 2.7
West
Virginia
3.9 4.7 3.1 4.6 3.3 3.5 4.1 4.4 3.7 3.5 3.2 2.2 2.5 4.4 4.3 4.1 3.8
Wisconsin
3.0 2.4 2.7 2.6 2.6 3.3
Wyoming
2.4 3.2 1.4 2.0 1.9 3.1 1.7 2.7 2.2 2.8
8 8.3 7.4 6.9 7.2 7.3 6.3 5.8 6.6
3 3.3 3.1
3
3
8 8.4
9
3 1.9 2.1 3.1 2.4 3.2
3 3.3
3 3.9 4.3 4.6
3 3.5 2.8 3.3 2.8 3.6 3.2 3.4 3.6
4 4.2
3 1.8 2.4 2.3 4.8 3.5 3.3
“For 2012, the average Murder Rate of Death Penalty States was 4.7, while the average Murder
Rate of States without the Death Penalty was 3.7
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For 2011, the average Murder Rate of Death Penalty States was 4.7, while the average Murder
Rate of States without the Death Penalty was 3.1
For 2010, the average Murder Rate of Death Penalty States was 4.6, while the average Murder
Rate of States without the Death Penalty was 2.9
For 2009, the average Murder Rate of Death Penalty States was 4.9, while the average Murder
Rate of States without the Death Penalty was 2.8For 2008, the average Murder Rate of Death
Penalty States was 5.2, while the average Murder Rate of States without the Death Penalty was
3.3.” (National murder rates, n.d).
Common Sense
It’s hard to comprehend that someone considering murder or in the heat of the moment
would stop them from killing someone based purely on the fact that they wouldn’t want to be
convicted of murder and sentenced to death.
If hypothetically, murders would die the second after they murdered someone would
they have ever committed murder? Common sense would indicate that the death penalty would
be a deterrent. The problem in this scenario is that murderers may or may not be apprehended
tried and sentenced to death. Furthermore, convicted murderers have the right to appeal their
conviction.
Arguments that life without parole is justice enough, as prisons are considered to
be hell on earth. Your freedoms taken away, in some situations an hour a day glimpse at the
outside world then back to 23 hour a day solitary confinement. It’s easy to see why some think
this is justice enough but just remember this murderer took the life of someone. In some
situations it may have been ruled manslaughter or involuntary manslaughter but someone still
lost their life that didn’t have a chance to make that decision for themselves.
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The Brutalization Theory
The brutalization effect is a claim made by opponents of the death penalty stating that
executions show a low regard for human life and causes an increase in the murder rates. This is
like saying because other criminals are out there doing drugs and stealing that it’s influencing
good people to go out and make the same decisions. How ridiculous. People can see that those
criminals get caught and go to jail so why would they make the same decisions? Of anything
seeing those people getting caught would deter others from making the same poor decisions.
Retribution
Defined
“Retributive justice is a theory of justice that considers punishment, if proportionate, to
be the best response to crime.” (Definition, 25 Jan. 2014). Retribution is also known as or can
be referred to as “an eye for an eye.” This concept is from the Latin term lex talionis. The term
lex talionis does not mean literally eye for an eye in every sense but can also mean a form of
justice equal to the crime committed.
Vengeance vs Retribution
Vengeance is often confused with retribution. Vengeance is to inflict harm or injury out
of pure anger for another that has done something hurtful to them. This is not be confused to
retribution which states simply that the offender deserves a punishment equally to the crime he
has committed. For example if a stranger ran up to your house and threw a rock through your
window you may feel the need to chase him/her down and “teach them a lesson.” This would be
vengeance as it is out of anger. If a person commits murder on the other hand society would
probably feel it’s necessary to put that person to death. This would be retribution.
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Hypothesis
Scenario: You and your significant other go see a late night movie. As you’re walking
back to your car laughing and discussing the comical movie you just saw a strange man steps out
of the darkness and follows you at a distance until you arrive at your car. The man suddenly pulls
out a gun and demands money. You quickly react and try to grab the man’s gun causing him to
pull the trigger, shooting and killing your significant other. The man drops the gun in the struggle
and proceeds to run away. You feel so much anger towards this stranger losing your loved one
that you reach over grab the gun and shoot the fleeing man, killing him. Although this is
considered to be vengeance, an act out of rage or anger, this still is considered eye for eye
correct? This man killed your loved one so you took action and gave the man what he deserved.
Those who oppose retribution argue that this does not change the situation. Your loved one is
still gone regardless if you shot the man or not. While the criminal “got what was coming to
him” the emotions of having your loved one torn from your life in this tragedy remain and will
always remain with you throughout your life.
Opposition
Those who oppose the death penalty by means of retribution claim that by allowing the
execution to take place it’s giving the victim’s closure. “Expressing one’s violence simply
reinforces the desire to express it. Just as expressing anger simply makes us angrier. It does not
drain away. It contaminates the otherwise good will which any human being needs to progress in
love and understanding. Retribution is just another word for revenge, and the desire for revenge
is one of the lowest human emotions - perhaps sometimes understandable, but not really a
rational response to a critical situation. For a Christian, this is an urge to use violence for
one’s own purposes, and urge which should be resisted. To kill the person who has killed
someone close to you is simply to continue the cycle of violence.” (Schroth, Sept 5, 2008).
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“The mere fact that the community demands the murderer's life in return for the evil he
has done cannot sustain the death penalty. The death penalty, unnecessary to promote the goal
of deterrence or to further any legitimate notion of retribution, is an excessive penalty forbidden
by the Eighth and Fourteenth Amendments. I respectfully dissent from the Court's judgment
upholding the sentences of death. This will ultimately destroy the avenger as well as the
offender”. (Marshall, 1976). These statements are basically stating that evil and hate only
begets more evil and hate.
In Favor of
Those in favor of retribution for capital punishment feel that it gives the victims closure.
The opposition, however, is that it does not. Some people who feel retribution is justice, although
losing the person will never be reversed, feel that the criminal convicted of the capital offense
being executed is what they deserve for taking someone else’s life. Some also feel that they
would rather have the criminal “rot in prison” for the rest of their life. Society has a hard time
with both of these decisions. It truly depends on the situation in some people’s minds what the
victim deserves depending on the severity of the crime committed and the nature in which it was
committed. Put yourself in the victim’s shoes. If someone lured your daughter away from your
house that was outside playing with her friends, physically assaulted her and then killed her,
burying her in an open field the criminal clearly lacked remorse in this crime committed. You
might feel that because of the nature of this crime the criminal should in turn be executed
because he expressed his disregard for human life, not just human life but that of a child’s life.
Conclusion
While it is true that evil or violence does beget more violence and killing someone
whether it is “justice” or not does not and should not give anyone the right to use retribution as a
form to justify capital punishment. However, even those who oppose retribution as a means of
justice cannot deny that in certain cases depending on the brutality, nature, and circumstances
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regarding the crime committed it should be considered. It is far too easy to say that sentencing a
criminal to life in prison without the possibility of parole is justice for taking someone’s life, but
this killer still has his/her life. This killer still has his/her freedoms within the extents of the
prison walls to associate with whomever they want and participate in programs and activities that
they so choose. All the while the victim’s family friends and loved ones have to carry on
without that person in their life. Not to mention say in the example above the little girl never had
the chance to grow up and create a life of her own.
Innocence
Critical points in the topic of executing the innocence in regards to capital punishment are
wrongful methods of evidence and community pressure to solve a case. While it is socially and
politically unacceptable to execute an innocent person for a guilty person’s crime, it is acceptable
in the eyes of politicians who have tried, convicted and executed an innocent person than to let a
guilty man go free. In essence while the real criminal may still be at large in most cases the
prosecutors have “got their man.” “There is considerable evidence that many mistakes have
been made in sentencing people to death. Since 1973, at least 121 people have been released
from death row after evidence of their innocence emerged. During the same period of time, over
982 people have been executed. Thus, for every eight people executed, we have found one person
on death row who never should have been convicted.” (MSU, 2002-2004).
Wrongful Means of Evidence
Wrongful means of evidence can be defined as false confessions or confessions of
citizens to crimes that they did not commit. They can also be defined as incorrect DNA evidence
or improper crime scene processing against a person. In some cases witnesses testify against a
person in fear for their own life or plead their cases down to a lesser degree or sentence.
A. False confessions are where a person confesses to a crime that he/she did not
commit. You may ask yourself why someone would do this. Most often than not you will find a
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person confessing to a crime they did not commit because they are mentally instable or fulfilling
a fantasy. This is a problem for the criminal justice system. There have been people sitting in
jail or prison for a very long time that has confessed to crimes that they have not committed.
Thankfully to technology today, DNA profiling, we are able to sort through some of the nonsense in order to find the truth. That doesn’t always mean that person who confessed can easily
walk out the doors. Defense attorneys still have the daunting task of proving that this person is
still in fact innocent. Attorneys have to use the facts they are presented with to physically link
that person to the crime.
B. DNA profiling and crime scene processing. DNA profiling is using a person’s DNA
and fingerprints to physically link them to the crime. This is done by fingerprinting the murder
weapon if any, and by typically processing the crime scene for any trace evidence such as hairs,
fibers, blood, broken glass and footprints. DNA fingerprinting emerged in the mid- 1990s and
the death penalty has been around since the 18th century. It’s not hard to see here that without
DNA fingerprinting many people, possibly innocent people, have been executed for crimes in
which they did not commit. With the help of DNA fingerprinting and forensic science in the
modern age we are in there is still a possibility that the forensic science could be wrong in the
incrimination of a criminal through human error. The DNA evidence that places them at the
crime scene is hard to overlook as well as witness’ statements and any other trace evidence.
C. There have been cases in the past where witness’ statements are questionable
regarding the convictions of the accused. Witnesses play a big role in the conviction of a
homicide or any other crime for that matter. Say for instance a man and his friend decide to rob
a wealthy investor that has a gambling problem. The man walks out of the casino late at night
and two men approach him. The lead robber demands money while the accomplice keeps an eye
out. The robbery goes bad and the lead robber ends up shooting and killing the investor. The two
men are caught a short time later and the accomplice has been approached and threatened to be
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charged with murder and possibly receive the death penalty if he doesn’t give them the
assistance they need. This person may be assisting the prosecutors in part because the
prosecutors are threatening him with his life by means of the death penalty. Witnesses at the
crime scene however say that the man who was the lead robber was actually the one who shot the
investor. This is where witnesses would be a key to really finding out the truth of this crime.
Multiple witnesses may recollect different scenarios or recall key pieces of evidence differently.
This could be a huge factor in convicting the correct person of murder vs being charged with
accomplice liability. Of course certain states all have different statues by which to charge
criminals.
Community Pressure to Solve a Case
In societies’ eyes if a murder takes place and the murderer has not been arrested they may
feel a sense of uneasiness and not being well protected knowing a killer is running the streets and
could potentially kill again if not apprehended. This could be a driving factor for police and
prosecutors to “get their man.” If there is information that leads to the arrest of a person
suspected for committing this crime it sets people at ease knowing the killer is off the streets.
However, whether this man or woman is in fact guilty of the crime or not a suspected killer has
been taken off the streets. If they are innocent they must sit in jail until that is proven. In
situations where forensic science mistakes have been made by human error or faulty witness
statements in the trial, convictions and death sentences have been issued to innocent people. “As
of October 25, 2013 there have been 143 exonerations in 26 different states.” (Exonerations n.d).
Conclusion on Innocence
While there is still a chance that an innocent person may eventually be executed,
executions as a whole are decreasing every year as states abolish capital punishment. There are
and continue to be convicted criminals on death row exonerated through current means of
forensic science and DNA profiling. “The National Registry has recorded 1,304 exonerations
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since 1989. Of those exonerated in 2013, 31% were in cases where no crime actually occurred;
17% occurred in cases in which the defendant had pled guilty.” (Studies on exonerations, n.d).
It is also safe to say that at some point given the evidence an innocent person has been executed,
but with the help of today’s technology and the decreasing numbers in executions every year this
may one day be a part of the past.
Arbitrariness and Discrimination
There are several factors to discuss regarding arbitrariness and capital punishment. These
factors include location, race and legal representation. Arbitrariness is basically defined as
discrimination in this case against a person being tried of a capital crime. An example of this
would be a store clerk that is Caucasian giving only other Caucasian customers a 20% discount
on sales while other ethnic backgrounds pay full price.
Location
There is a theory that geography or the location of criminals being executed plays a major
role in arbitrariness. Critics against discrimination state that criminals executed throughout the
state should be uniform. However those in favor of capital punishment state that where criminals
are executed depends mostly on where the crime was committed, and the funds for individual
counties. This is basically stating that not all counties have the same financial budgets to
perform the tasks at hand. Furthermore that it’s not practical to transport a criminal to a different
county to execute the criminal for a crime he/she not only did not commit in that county but also
because it’s more financially feasible. “An investigation by seven Indiana newspapers in 2001
found that the death penalty depended on factors such as the views of individual prosecutors and
the financial resources of the county. Two Indiana counties have produced almost as many death
sentences as all of the other Indiana counties combined.” (Michael R., Oct. 21, 2001). The map
below shows the number of executions by states from 1977-2013. Notice the southern states
have the highest number of executions. It is clear to see according to the map that the northern
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states don’t have the death penalty so it makes more sense that the southern states would have a
higher execution rate. However, the western states have a significantly lower execution rate than
the Midwest and eastern states. This could be based again on prosecutor’s views in the east vs
west as well as budgets.
(Michael R., n.d.)
Race, Prejudice and Inadequate Representation
Racism and prejudice are still a problem in America today. The fact is not everyone can
afford the best attorney. “Racism in the death penalty has been a persistent problem. In 1990,
the U.S. General Accounting Office reviewed the research on this issue and found that in 82% of
the studies, race of victim was found to influence the likelihood of being charged with capital
murder or receiving a death sentence. Those who murdered whites were found more likely to be
sentenced to death than those who murdered blacks.” (Race, n.d.). Also if the attorney or jury
appointed to you is a racist and you’re of different ethnicity than he/she your legal representation
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may be flawed from the very beginning. If you cannot afford a lawyer one may be appointed to
you. “Almost all defendants in capital cases cannot afford their own attorneys. In many cases,
the appointed attorneys are overworked, underpaid, or lacking the trial experience required for
death penalty cases. There have even been instances in which lawyers appointed to a death case
were so inexperienced that they were completely unprepared for the sentencing phase of the
trial.” (Beverly B. 2011).
Conclusion
Location does seem to play a part in those executed in certain counties or certain part of
the country. This seems to be a factor of budget, prosecutor’s views and where the crime was
committed. Racism is still sadly very much alive in America today. The fact that race plays a
factor in deciding whether a person receives the death penalty is very disturbing, we as a nation
need to start making some changes. Poor legal representation also seems to be a statistical factor
in death sentences. This is not surprising considering most of those being tried for capital
offenses cannot afford their own lawyers and are therefore appointed by state.
Death Penalty Cost
Most people in favor of capital punishment believe that it is cheaper to execute and
inmate than it is to house them for life without parole. Let’s examine a few key factors in
determining this result. These factors include cost and time. “Death by execution is excessively
expensive. Most people who support the death penalty believe it is more cost effective than life in
prison. Perhaps at one time, when executions were swift and sure, this may have been the case. It
is not now. Most people knowledgeable about the subject will agree that the delay now built into
the system, more trial preparation, much longer time to get to trial, much longer jury selections
and trials, much more complicated and far more frequent appeals, and continuous motions, have
increased the cost of capital punishment so that it is now many times the cost of keeping a
prisoner in prison for life." (Sutherland, Aug. 9, 2012).
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Cost
The total cost through trial and conviction may shock you. According to Dudley Sharp,
Death Penalty Resources Director, it costs on average 34,200/year to house a convicted murder
for life without parole and $75,000 for trial and appeals. It costs $60,000/year on average to
house a criminal being tried for the death penalty and $1.5 million for trial and appeals. (Sharp,
10/1/97). Given this information it’s safe to assume that it costs more initially through trial and
appeals to convict someone of the death penalty than it does to give someone life without parole.
Dudley goes on to further state that by annual cost increase it costs more overtime to house a
murder on death row than in general population.
Time
Those in favor of the death penalty state that the death penalty costs less money
because the prisoner isn’t sitting in prison accumulating annual prison fees. They go on to say
that the prisoner will use his/her time to appeal their case costing the tax payers more time and
money. We cannot argue that this is not true; however, thru the appeals process that we have in
place today it makes it extremely difficult to execute a criminal in a timely manner. Times have
changed and the justice system in place today is nothing like the old days where a criminal was
convicted and taken out back to be hung from a tree. Those who claim that the death penalty
costs more and takes longer state that “Every stage of a capital case is more time-consuming and
expensive than in a typical criminal case. Jury selection takes much longer; more mental health
and forensic experts will be needed; two trials will be required - one for guilt and one for
sentencing; and the appeals will be far more complex, focusing on both the conviction and the
death sentence. Two attorneys are usually appointed for the defense, so that issues of guilt and
sentencing can be separately explored.” (Sutherland, 2011).
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Conclusion
“In measuring the comparative time it takes to go from charging a defendant to final
sentencing, the study found that LWOP cases took an average of 526 days to complete; death
cases took almost 4 calendar years longer--1,902 days.” (Marceau and Whitson, 2013). While
the initial costs of those who seek the death penalty may be more than seeking life without
parole, inmates sentenced to death may possibly die in prison of natural causes before ever being
executed. We may then ask why are we bothering to seek the death penalty when those funds
can be applied to much dire needs such that of law enforcement? According to The Death
Penalty Information Center the 8 inmates on death row whom have been executed in the current
year 2014, all 8 have been in prison for over 10 years. Seven of those inmates have been in for
over 15 years and 4 of them have been for over 20 years. This goes to show that even though
they were tried and sentenced to death it took over 10 if not 20 years before their execution took
place.
The Eighth Amendment
Those opposed of capital punishment in other words state that capital punishment should
not be allowed because it violates the criminal’s constitutional rights, more so the eighth
amendment which states “Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.” (Gaines/Miller, 2013). In other words the methods of
executions are inflicting cruel and unusual punishment.
Methods of execution today
In order to conclude whether executions are cruel and unusual we must first take a look at
the methods of executions practiced today. There are five different methods of executions which
are lethal injection, electrocution, the gas chamber, hanging and a firing squad. Lethal injection
is the most common form of execution practiced today of the 32 states that still have the death
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penalty. Of those 32 states 8 states, Alabama, Arkansas, Florida, Kentucky, Oklahoma, South
Carolina, Tennessee, and Virginia still have the electric chair as a secondary means of
execution. Arizona, Missouri, and Wyoming have the gas chamber as a secondary means of
execution. Delaware, New Hampshire and Washington have hanging as their secondary means
of executions. Oklahoma and Utah are the only two states to allow execution by means of a
firing squad as their secondary method of execution. Utah no longer offers the firing squad as an
option, but would allow it only for inmates who chose this method prior to its elimination.
Oklahoma offers firing squad only if lethal injection and electrocution are found
unconstitutional. (Methods, 2006).
Cruel and unusual
Now that we have the methods of executions let’s examine a couple methods in depth.
The gas chamber has been said to cause extreme pain such as that of a heart attack. Victims die
in the gas chamber by breathing in a deadly combination of sulfuric acid and sodium cyanide.
The victim’s weight should fracture the neck of the inmate being hung; however, this more often
than not does not happen. Most of those who are sentenced to death by hanging die of asphyxia.
The victim’s eyes pop their necks stretch, their tongue protrudes and the face swells. A jolt of
500 to 2000 volts sent through the inmate’s body should cause immediate death by means of
electrocution. This again is seldom the case. The inmate must be shocked several times and
his/her pulse checked to determine if death has occurred. The tissues of the body swell and there
is a smell of burnt flesh in the chamber. The prisoner’s eyes pop occasionally and rest on the
cheeks of the victims. It is common for the inmate to defecate, urinate and vomit blood. The
body turns bright red, the skin stretches and sometimes the victim catches fire. After the victim
is deceased the skin is so hot if touched can cause blisters. The body is left sitting there while
the internal organs cool off before transporting to the morgue.
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1. Firing squad
There are only two states that allow this method and only if the inmate was convicted
before the method was abolished (Utah) can the inmate request this method of execution and if
lethal injection is found unconstitutional-Oklahoma. Prisoners are shot in the chest region by
three to five shooters. A doctor pins a small white piece of cloth over the inmate’s heart after
using a stethoscope to locate it. One of the firing squad members is given a blank round but this
blank round is not disclosed to that particular shooter. Sandbags are put around the inmate that is
strapped at the waist and head to absorb the inmates blood once he/she has been shot. The
inmate dies as a result of blood loss or by rupture of a main artery. The inmate loses
consciousness when blood supply to the brain decreases. If the inmate’s heart is missed the
inmate will bleed to death slowly. “It is not unusual for the officer in charge to have to give the
prisoner a pistol shot to the head to finish them off after the initial volley has failed to kill them.”
(Clark county, 2008).
2. Lethal injection
There are three drugs used in the lethal injection procedure. The first, sodium pentothal,
when injected renders the prisoner unconscious. The second, pancuronium bromide, is a muscle
relaxant that paralyzes the entire muscle system and stops the inmates breathing. The last,
potassium chloride, causes cardiac arrest while the inmate is still unconscious. Inmates are
typically bound to a gurney, and then inserted with two needles one in each arm. One needle is a
backup. After the needles are inserted a harmless saline solution is started as an intravenous
drip. After the warden’s signal the first dose, then more saline solution, then the second dose,
followed by more saline solution. Finally the potassium chloride is injected. There are a few
flaws in this system that rarely occurs. One flaw is that doctors are not allowed to deliver the
injections. This can cause pain to the inmate if the technician inserts the needles into a muscle
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rather than the veins. The inmate will more than likely not be rendered unconscious with the first
drug and will feel the drugs being delivered into their body until they ultimately die. The second
issue with this procedure is past intravenous drug use damages veins making distributing the
three deadly doses difficult and timely.
After examining two of the five methods, one of which has been abolished and only
practiced under certain circumstances, we can see why those who oppose capital punishment
argue that it is a violation of constitutional rights. Firing squad is not an immediate certain death
and may take several minutes to allow the inmate to bleed out or may take the officer in charge
delivering a shot to the head before the inmate finally dies. This method is extremely violent and
appears to show no human compassion. Although this inmate possibly showed his victim no
compassion if say he raped a female and beat her to death are we no different than him by killing
him in such a violent manner? Lethal injection on the hand appears to be a much more
acceptable method if executed properly. The inmate is rendered unconscious, and muscles
paralyzed so they don’t feel any pain before they are injected with the final drug.
Conclusion
The gas chamber, hanging, firing squad and electrocution are all primitive methods of
execution. While some of these methods are still in use today lethal injection, even with the few
small issues it has, still appears to be the most painless prompt method of execution. “The
current argument against executions seems to hinge on the supposition that the second and 3rd
drugs in this regimen would be cruel to someone who could feel them... Yet for that argument to
be valid in any way, you must ignore the 1st drug in the process - sodium pentothal - that (1)
renders the inmate to be completely unconscious, (2) has been used for decades to induce
anesthesia in surgical patients and (3) is given in doses far exceeding what is needed to keep the
inmate from being aware or feeling anything." (VIII Amendment, 2013).
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Closing remarks
While those that oppose capital punishment believe it to be cruel and unusual are they
forgetting the hurt, anguish, fear and forever life changing event that took place when those
convicted of murder, bestowed upon their victims the days they ended their lives? Those
inmates sitting on death row committed heinous crimes against humanity. They ended the life of
another in some cases with extreme violence. These men and women showed no compassion, no
empathy, no humanity, no emotions other than that of personal gain and gratification. These
men and women have been tried and convicted of a capital crime. They sit in prison for in some
instances up to 30 years before their execution day comes. Have they not had their due process of
law? Have they not had their day in court before a judge and jury to determine their guilt and
punishment? Have they not had the right to appeal their cases? By law and their constitutional
rights yes they have had all of these. It may be cruel and unusual to use methods of execution
other than lethal injection but how then do we punish those who rape and murder innocent
children? How do we punish those who take the lives of more than one person and will without a
doubt do it again with no remorse if set free into society? These are questions we as Americans
and those in the criminal justice system are faced with every day.
At the beginning of this paper I instructed you to ask yourself where you stand on capital
punishment. How do you feel about it now? It is with great emphasis that I hope you at least see
the good and bad that come along with such a decision. It is imperative that we understand the
positives and negatives in every situation before we make a decision such as ending someone’s
life in the pursuit of J-U-S-T-I-C-E.
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