Capital Punishment in the United States
Capital punishment in the United States has existed since Britain first settled in Virginia. Britain brought this practice with them, where the first recorded execution in the new colonies was of Captain George Kendall in 1608 in the Jamestown colony of Virginia. Today, a country-wide debate has arisen regarding whether or not this punishment should still be allowed in the justice system. As of August 2018, capital punishment is now legal in 31 US States, including California. The primary method of execution is currently a lethal injection, but many states offer a secondary method authorized by statute. California's secondary method is lethal gas, but there are some states such as Washington that offer hanging as the secondary method. Regardless of the method, many believe that capital punishment is unconstitutional as it violates the Eighth Amendment. Arguments also include the fact that it is a racially biased punishment and the fact that there is no valid evidence that suggests that this method actually reduces the rate of homicide.
The Eighth Amendment states that "cruel and unusual punishments [shall not be] inflicted." Although many believe that capital punishment is included as a cruel and unusual punishment, it was actually ruled in Gregg v. Georgia (1976) that it does not violate this Amendment. The dissenting opinion in this case stated that "death is not only an unusually severe punishment, unusual in its pain, in its finality, and in its enormity, but it serves no penal purpose more effectively than a less severe punishment... it treats members of the human race as nonhumans, as objects to be toyed with and discarded." I agree with this opinion, as I believe that if one does commit such a heinous crime, life in prison without the chance of parole is a far better solution.
Other arguments surrounding this punishment is the fact that it is potentially racially biased. This argument is justified by the fact that African Americans make up around 13% of the population, yet they make up 42% of death row prisoners, and 35% of those executed. Studies by the US Department of Justice have also revealed that homicides committed by African Americans against white victims are more likely to result in the death penalty, in comparison to if it was the other way around, or if both the victim and perpetrator were African American. Furthermore, among the states that allow the death penalty, approximately 98% of the prosecutors are white. This, therefore, gives evidence to show a systematic racial bias in the application of the death penalty.
Additionally, although many believe that some crimes are so heinous that they deserve such strict penalties, there is not actually the slightest credible statistical evidence that shows that capital punishment reduces the rate of homicide, according to Dr. John J. Donohue III, a Professor of Law at Stanford University. Similarly, Michael L. Radelet, a Sociology Professor at the University of Colorado-Boulder believes that "the death penalty does not add any significant deterrent effect above that of long-term imprisonment."
This debate relates to the case study 'Darlie Routier', as even though she is currently on death row, she continually persists with her story that she did not murder her two children. But in reality, even if she did, does this really justify sentencing her to death? Is simply sentencing her to life in prison without the chance of parole a more humane solution? Justin McCarthy analyzed the annual Gallup poll on U.S adults' opinions on the death penalty and concluded that, in 2018, fewer than half of Americans now believe the death penalty is fairly applied in the United States. According to this poll, this is the lowest proportion the poll has ever seen since it began in 2000. Given these arguments and these statistics, this gives rise to the question regarding whether or not capital punishment should still be allowed in the United States.
The Eighth Amendment states that "cruel and unusual punishments [shall not be] inflicted." Although many believe that capital punishment is included as a cruel and unusual punishment, it was actually ruled in Gregg v. Georgia (1976) that it does not violate this Amendment. The dissenting opinion in this case stated that "death is not only an unusually severe punishment, unusual in its pain, in its finality, and in its enormity, but it serves no penal purpose more effectively than a less severe punishment... it treats members of the human race as nonhumans, as objects to be toyed with and discarded." I agree with this opinion, as I believe that if one does commit such a heinous crime, life in prison without the chance of parole is a far better solution.
Other arguments surrounding this punishment is the fact that it is potentially racially biased. This argument is justified by the fact that African Americans make up around 13% of the population, yet they make up 42% of death row prisoners, and 35% of those executed. Studies by the US Department of Justice have also revealed that homicides committed by African Americans against white victims are more likely to result in the death penalty, in comparison to if it was the other way around, or if both the victim and perpetrator were African American. Furthermore, among the states that allow the death penalty, approximately 98% of the prosecutors are white. This, therefore, gives evidence to show a systematic racial bias in the application of the death penalty.
Additionally, although many believe that some crimes are so heinous that they deserve such strict penalties, there is not actually the slightest credible statistical evidence that shows that capital punishment reduces the rate of homicide, according to Dr. John J. Donohue III, a Professor of Law at Stanford University. Similarly, Michael L. Radelet, a Sociology Professor at the University of Colorado-Boulder believes that "the death penalty does not add any significant deterrent effect above that of long-term imprisonment."
This debate relates to the case study 'Darlie Routier', as even though she is currently on death row, she continually persists with her story that she did not murder her two children. But in reality, even if she did, does this really justify sentencing her to death? Is simply sentencing her to life in prison without the chance of parole a more humane solution? Justin McCarthy analyzed the annual Gallup poll on U.S adults' opinions on the death penalty and concluded that, in 2018, fewer than half of Americans now believe the death penalty is fairly applied in the United States. According to this poll, this is the lowest proportion the poll has ever seen since it began in 2000. Given these arguments and these statistics, this gives rise to the question regarding whether or not capital punishment should still be allowed in the United States.
I agree that capital punishment is not an ideal punishment for any crime, no matter how bad the criminals actions might have been. I was really surprised that Washington's second option for death sentences is hanging! That seems completely cruel and unusual, as it inflicts a lot of suffering for a pretty long time on the person enduring that punishment. Additionally, another thing about death row is that about 4.1% of people who have been and will be executed are innocent- which is a huge amount of people killed who did nothing wrong. Shouldn't that be considered murder too? I think that this is a risk not worth taking, especially since there is no proof that it deters murderers and other crime, and it is also clearly racially biased.
ReplyDeleteI agree that capital punishment is an inappropriate punishment for most crimes, however what happens if the offender has killed many people, especially when it was done with malice, i.e. mass-shootings.
ReplyDeletePersonally, if someone killed many people, it would be hard for me to empathize with them. If someone killed many people, I believe that the offender is worthy of being punished with capital punishment.
Capital punishment should not be a regular punishment, however capital punishment should continue to exis as a deterrent for people who want to commit heinous crimes.