Research Proposal on "Pros and Cons of Capital Punishment"

Research Proposal 12 pages (3068 words) Sources: 8

[EXCERPT] . . . .

For instance, Mannes and Ingaglio (2015) report that, "One argument in support of the death penalty rests on predictions of future dangerousness. However, some researchers have questioned the relative dangerousness of different categories of inmates and have suggested that the death penalty may be obsolete" (p. 351). In fact, innovations in forensic science technologies, most especially DNA analysis, have shown that fully one-in-25 people, or about 4.1%, who have been sentenced to death in the United States since 1973 were actually innocent. For instance, a report by Levy (2014) emphasizes that, "Since 1973, 144 people on death row have been exonerated. As a percentage of all death sentences, that's just 1.6%. But if the innocence rate is 4.1%, more than twice the rate of exoneration, an untold number of innocent people have been executed" (para. 2).

The statistics compiled by the Innocence Project indicate that although more than 300 condemned prisoners have been exonerated as a result of new DNA evidence, at least 18 of these prisoners were forced to spend some length of time on death row (Mannes & Ingaglio, 2015). Moreover, although African-Americans only comprise around 12% of the general U.S. population, the make up more than 33% of the prisoners currently condemned to die in the prison population (Mannes & Ingaglio, 2015). As Mannes and Ingaglio conclude, "Based on these inequities and statistics, the necessity of rethinking the death penalty becomes evident" (2015, p. 351).

Although the precise numbers of innocent people who have been executed in the United States over the years may never be fully known, it is reasonable to conclude that based on these percentages, the numbers are not only unacceptable, they are downright alarming. Most recently, in May 2014, Jermaine Wright, the longest death row resident in Delaware was granted a new trial after serving 23 years in prison for the murder of a clerk during a liquor store robbery (Mannes & Ingaglio, 2015). At his new trial, Mr. Wright was found not guilty of these charges due to extenuating circumstances, including most especially the withholding of exculpatory evidence by the prosecution, and he has since been released from prison (Mannes & Ingaglio, 2015).

Indeed, the argument can be made that state and federal governments are committing the very same types of capital crimes that they are executing these innocent people for by taking their lives unjustly, but governorships change hands and newly elected officials can claim their hands are clean because these actions were taken before they assumed office. Moreover, some authorities believe that the innocence rate of condemned prisoners may even be higher than 4.1%, making capital punishment a fundamentally inappropriate punishment given its finality and irreversibility (Levy, 2014).

Can a modern society that regards itself as enlightened and compassionate continue to allow these types of miscarriages of justice persist? Some critics of the death penalty argue that as long as capital punishment continues to be allowed for any types of crime, the United States remains associated with totalitarian regimes such as China, Iran and Saudi Arabia where basic civil liberties are ignored in the hasty pursuit of seeming justice at any price. For instance, Baik (2012) reports that, "A majority of western democracies reject capital punishment in law or practice and in 1999, the U.N. Commission on Human Rights called for a worldwide moratorium on executions" (p. 80). In fact, the UN Secretary-General, Ban Ki-moon made it clear how the international community is regarding capital punishment when he stated, "The death penalty has no place in the 21st century" (Ki-moon, 2015, para. 1). In response to the UN's call and the growing recognition among national policymakers that capital punishment is an obsolete practice that should be relegated to the Dark Ages, more than 160 nations have abolished the death penalty in recent years or no longer practice it (Ki-moon, 2015). It is especially noteworthy that the abolishment of the death penalty is one of the few commonalities shared by these countries. In this regard, UN Secretary-General Ki-Moon adds that, "More than 160 Members States of the United Nations with a variety of legal systems, traditions, cultures and religious backgrounds, have either abolished the death penalty or do not practice it. Yet, prisoners in a number of countries continue to face execution" (2015, para. 3).

Despite these trends and calls for a moratorium by the UN, the United States remains one of the few countries in the entire world to continue to use capital punishment, purportedly as a deterrent to crime. In this regard, Baik (2012) adds that, "The United States accounts for a majority of executions with three other countries -- China, Iran and Saudi Arabia" (p. 81). It is reasonable to suggest that many Americans do not want to be lumped together with these countries and their sad track record of human rights abuses, but the harsh reality is that not only is the U.S. smack-dab in the middle of these countries in practicing capital punishment, it is among the countries that use it the most. For instance, Saul (2015) reports that in 2014, "Aside from China, Iran at 289 officially recorded, Saudi Arabia [with] at least 90 and the U.S. at 35 continue to execute the highest number of people" (para. 4).

Besides the fundamental moral and ethical issues that are involved, there are some pragmatic reasons for abolishing the death penalty in the United States as well. In an era when the United States is attempting to persuade other countries to democratize and improve their human rights records, the fact that the U.S. continues to execute more people than any other country with the notable exceptions cited above undermines these efforts and makes American appear hypocritical and barbaric to the rest of the world. As the recent attacks by radical jihadists in Paris clearly demonstrate, in order for the United States to assume the leadership role that is needed today, capital punishment must be abolished. For instance, Langford (2015) emphasizes that, "Not only does the U.S. lock up more people than the rest of the known world, we also stand alone as the only member of the G8-the eight nation states with the highest national economy (Canada, France, Germany, Italy, Japan, Russia, the UK and the U.S.) -- to permit the execution of prisoners" (p. 154).

Against this backdrop, it is puzzling how the United States can continue to allow prisoners to be executed when their innocence may be proven later due to missteps on the part of the prosecution or the identification of fresh exculpatory evidence. The legal track record of prosecutors in the United States is overwhelmingly positive, of course, but in their zeal to achieve a conviction, some prosecutors and law enforcement authorities have withheld this type of evidence from the outset or have otherwise violated their trust in ways that resulted in an innocent (or at least not guilty) individual being condemned to death and in far too many cases executed for crimes they did not commit.

Summary and Conclusion

Death penalty advocates continue to rely on the outdated notion that this type of punishment serves as a deterrent to capital crimes, but many of these types of crimes are committed during the "heat of passion" when otherwise normal people find themselves faced with extraordinary circumstances. Moreover, despite enormous advances in civil rights for minorities over the past 50 years, the lingering racism that remains throughout the country also plays a significant role in how the death penalty is meted out. It is reasonable to suggest that most juries would not convict an affluent white male for chasing an African-American burglar down the street and shooting him in the back (especially in the Deep South) even after he no longer represented a clear and present danger, while the reverse might well be true if these roles were also reversed. What does all of this have to say about modern American society? The U.S. continues to receive harsh criticism from the vast majority of the international community, including some countries with human rights records that would make any UN secretary-general cry. There are few defenses to these criticisms, though, and even the best arguments in favor of the death penalty lose their credibility when viewed through the lens of a modern worldview.

References

Capital punishment. (2014). The Bureau of Justice Statistics. Retrieved from http://www. bjs.gov/content/pub/pdf/cp10st.pdf.

Baik, E. (2012, January 1). Gender, religion and national origin: Latinos' attitude toward capital punishment. Journal of Social Sciences, 8(1), 79-83.

Facts (2015). Facts about the death penalty. Death Penalty Information Center. Retrieved from: http://www.deathpenaltyinfo.org/documents/FactSheet.pdf.

Furman v. Georgia, 408 U.S. 238 (1972).

Gregg v. Georgia, 428 U.S. 153, 181 (1976).

History of the death penalty. (2015). Death Penalty Information Center. Retrieved from: http://www.deathpenaltyinfo.org/part-i-history-death-penalty.

Huffman, D. N. (2008, October). To act or not to act: Will New York's defeated death penalty be resurrected? Fordham Urban Law Journal, 35(5), 1139-1143.

Ki-moon, B. (2015). Death penalty. United Nations Human Rights: Office of the High Commissioner for Human Rights.… READ MORE

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