Research Paper on "Death Penalty as Justified Murder"

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Research Paper 8 pages (2596 words) Sources: 7 Style: MLA

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Death Penalty as Justified Murder - an Ineffective Method of Crime Prevention

Capital punishment has a history in the United States that goes back to the colonies. The tenet of capital punishment remains one of the most controversial issues in the United States. Since the reinstatement of the death penalty in 1976, 1,151 executions have taken place in the United States (Death Penalty Information Center, p. 1). Thirty-eight of those executions took place in 2008 (Death Penalty Information Center, p. 1). The following research will examine the death penalty from the lens of fairness in a number of special populations. It will then examine the death penalty in its ability to carry out its primary objective, deterrence of violent crime. By the end of this presentation, it will be clear that the death penalty does not accomplish its original intended purpose. It will also be clear that this practice is administered in an unjust fashion.

Justice for All...With a Few exceptions

One of the key arguments against the death penalty is that in 96% of the states where there have been reviews of the death penalty, a pattern of racial discrimination became apparent (Death Penalty Information Center, p. 2). In states that have the death penalty, 98% of the chief district attorneys are white, with only 1% black (Death Penalty Information Center, p. 2). This racial inequality in the justice system may have an impact on the administration of the death penalty and the chances that a person will pay the ultimate price for a crime.

In North Carolina, it was found that blacks are 3 1/2 times more likely to receive the death penalty than whites who commi

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tted similar crimes under similar circumstances (Death Penalty Information Center, p. 2). In California, crimes in which the victim was white were 3 times more likely to receive the death penalty than if the victim were black of Hispanic (Death Penalty Information Center, p. 2). It is not known if these statistics are representative of trends in other states, but at this juncture in time, it appears as if these racial trends are reflected in like. These statistics make the death penalty echo the cries of racially motivated lynch mobs that were common on America's not so distant past.

In 2005, the Supreme Court ended the death penalty for juveniles. However, since the reinstatement of the death penalty in 1975, 22 defendants that were juveniles had been executed (Death Penalty Information Center, p. 3). They were not old enough to vote for laws to protect their rights. They were not old enough to the rights of an adult. They were not allowed to have the chance to turn their lives around and become model citizens. They were in a period of their lives that is typically marked with hormonal rage and impulsive decisions. We will never know what these young persons may have become, or what contributions they may have made in society because they will never get the chance to show us.

The execution of persons with mental health issues is another point of contention among capital punishment opponents. In 2002, Atkins v. Virginia the execution of defendants suffering from mental retardation was ruled unconstitutional (Death Penalty Information Center, p. 3). There are currently proposals by the American Psychiatric Association to make it unconstitutional to execute anyone with a mental illness (Death Penalty Information Center, p. 3). These issues would seem apparent to the person who wishes to make certain that the death penalty does not unfairly target those that are less fortunate.

However, supporters of the death penalty fear that this can be used as an excuse to escape death for those that truly deserve to die for their crimes. One must ask which is worse, to kill an innocent who has not concept of what they have done and is in need of help, or to allow someone to go free so that they can receive proper medical treatment for their condition. If they are deemed unsafe to roam society at large, so be it, but at least we did not murder a person for a handicap. This brings us to our next topic: that of wrongful executions.

Wrongful Executions: Murder by the State

The U.S. constitution has stopgaps to help assure that innocent people are not punished for crimes that they did not commit. In the case of Capital crimes, the importance of his concept become more poignant, as wrongful prosecution can mean the difference between "punishment" and murder for the state. The concept of innocent until proven guilty is a wonderful concept in theory, but in practice, a person is guilty until proven innocent. The concept of "innocent until proven guilty" is not a reality in the world of crime and punishment in the United States.

When a heinous crime occurs, District Attorneys, Judges and juries are anxious to "get their man." They want to find someone to blame and put the public mind at rest. In their haste, sometimes, the innocent must die for crimes that they did not commit. One can find numerous examples where mistakes were made and the innocent were punished while the true murderers went free (Gumbel).

The case of Cameron Todd Willingham is one example. In 1991, a house fire broke out in the Willingham home. Todd tried desperately to save his three children, but to no avail. They burned to death in the fire. Willingham's conviction was based on inaccurate information from the arson investigator, evidence that was later demonstrated to be faulty. The only other key piece of evidence against him was testimony from a neighbor who did not have a high opinion of him. The question of bias never came up. In February 2004, he was executed by lethal injection, still proclaiming to be an innocent man (Gumbel). As an afterthought, the "science" proclaimed to be key evidence was shown to be faulty (Gumbel). Willingham, a grieving father, was murdered by the state for a crime that he did not commit.

The United States has a history of wrongful executions. It is not known how many innocents have been executed for crimes that they did not commit, but when one looks at the historical record, it appears that it happens more than anyone would like to admit. It is easier to understand those that occurred before modern technology, when trials were based largely on testimony and witness account (Radelet, Bedau, and Putnam, 1992). However, with new techniques in forensics, it is hard to believe that this could still happen.

The most frightening thing about wrongful executions is that faulty science and lack of evidence are often not to blame. In an examination of wrongful executions for which the person was exonerated for the crime after the fact, the faulty justice system was often to blame. The problem occurs when valid scientific evidence is ignored and opinion and hearsay are accepted in its stead. This is scary, but true.

When evidence is ignored and the innocent are executed, the result is irreversible (Amnesty International). When an innocent is murdered, even if they are later proven innocent through valid forensic evidence, what is done cannot be undone. Even if the real murder is found and convicted, for the innocent it is too late. When an innocent is executed, the state has committed murder. Yet, there is not one case where a DA or judge has been executed for the willful murder of their innocent victims. When evidence is ignored that could prove a person's innocence and faulty evidence is admitted that leads to their execution, the crime is much more heinous than the original. Yet, those in the criminal justice system appear to be exempt from the death penalty that they so willingly and indiscriminately impose on others.

Crime Deterrence

The last and final case in point deals with the original purpose of the death penalty in the first place. The death penalty was designed to serve as a deterrent to committing violent crimes.

The irony of this argument is that if it worked, we would not need it. However, despite existence of the death penalty, people still continue to commit capital crimes. A survey of former and present experts on criminology rejected the idea that the death penalty is a deterrent to crime (Death Penalty Information Center, p. 4).

Consistent with these statistics, in 2006, the Southern states had the highest murder rate in the country. Yet, nearly 80% of all executions occur in these same areas (Death Penalty Information Center, p. 4). Consequently, the northeastern United States had the lowest murder rate and they also account for less than 1% of all executions (Death Penalty Information Center, p. 4). These statistics are heavy indicators that the death penalty and murder rates have absolutely nothing to do with each other. Let us now examine some plausible explanations for these trends.

Crime occurs for many different reasons. If all crime were committed due to a singular cause, then the ability… READ MORE

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Quoted Instructions for "Death Penalty as Justified Murder" Assignment:

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LIST OF SOURCES

1.Helen Prejean, Dead Man Walking (New York: Random House, 1993).

2.Helen Prejean, The Death of Innocents: An Eyewitness Account of Wrongful Executions (New York: Random House, 2005).

3. Banner, Stuart. The Death Penalty: An American History. Cambridge, MA: Harvard University Press, 2002.

4. Amnesty International USA, *****United States of America: The Execution of Mentally Ill Offenders,***** Amnesty International, 31 January 2006,

5. Jamie Fellner and Sarah Tofte, *****So Long as They Die: Lethal Injections in the United States,***** Human Rights Watch, April 2006,

6. Andrew Gumbel, *****The Innocence Project: Guilty until Proven Innocent,***** Common Dreams, 4 May 2006, http://www.commondreams.org/headlines06/0504-09.htm

7. Hekmat, Mansoor .Capital Punishment The most Deplorable form of Deliberate Murder( International Weekly No. 26, November 3, 2000)

http://hekmat.public-archive.net/indexENG.html

8. Dead Man Walking. Prod. MGM, 1996

9. Death Penalty Information Center

http://www.deathpenaltyinfo.org

Length: 2200 words minimum, excluding the works cited page. Papers less than 2200 words WILL NOT be graded.

Sources: 7 sources minimum.

In text citations: At least 10 in text citations (quotes, paraphrases, summaries) need to be included. Please remember, quotes are not always the best way to make use of source material *****“ try using paraphrases and summaries of the source material. Also, no more than one long quote is permitted A long quote is defined as a quote that is four or more lines in your paper). If the paper contains more than one long quote 10 points per additional long quote will be deducted from the grade of the paper. Quotes cannot exceed 250 words without written permission from the author of the source you are quoting from. Correct parenthetical documentation is required. Also, all sources cited in the paper must appear on the works cited page.

Format: Typed, double-spaced with proper MLA heading. The paper should have one inch margins. Please save the paper in either Microsoft Word (with a .doc extension) or in rich text format (with a .rtf extension). The paper will require correct MLA documentation *****“ both in the parenthetical citations and on the works cited page. The works cited page is the last page of the paper and should not be sent as a separate file.

Audience: You will be writing this paper for a wavering audience of your peers. Remember your audience, and their needs, when you write the paper. (Reminder: wavering audience responds to all types of appeals). When writing this paper you will need to use third person to prevent bias with this audience.

Other information:

This paper MUST use the same topic that was approved for the Controversial Issue paper. Do not change the topic of your paper without contacting the instructor and receiving approval.

In this paper you will present a clear argument that supports one side of your selected issue. You will need to address at least three specific points for your side of the issue. You will need to incorporate emotional, ethical and logical appeals as needed by your specific audience. You will also need to address at least two points for the opposition and refute those points with evidence.

Carefully consider your organization when writing this paper. It is also important that you have a strong thesis and clear topic sentences that allow the reader to understand the argument. Use cluster paragraphs to develop the complex ideas. Transitions are important in connecting your ideas and moving the reader through your argument.

The title for the paper should be more than the subject. Work to create a title that reflects the content of the argument and grabs the reader*****s attention.

You need to use third person in the paper unless you are quoting a source. Papers that use first person will receive a 20% point deduction (that is 60 points). Use soruces to reflect/present your views on the issue.

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