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Capital Punishment and Justice

Updated on August 28, 2017

Photo Source: William Widmer/Redux

Exposing the Industry: Capital Punishment

The death penalty can be arbitrary, unfair, and racially biased. Additionally a large portion of death row inmates couldn’t afford their own attorney at trial. Capital punishment, or the death penalty, is a widely debated matter in the United States, and around the world. Opponents of capital punishment argue that innocent people have been wrongly imprisoned and executed, and that the main motive is revenge for the family, not true justice. Those who support the death penalty argue that it is more cost efficient than life sentences in prison, and the punishment offers retribution for victims’ families. The debate continues with the numbers of supporters of the penalty raising above the opposition's. But should capital punishment, beneficial or not, be our final solution?

There is not a more substantial price to pay than death, as life is the most precious thing in the world. To some however, it is acceptable to use this heinous punishment as a means to an end when dealing with criminals, instead of creating alternatives. In 1972, the Supreme Court declared that under then-existing laws "Imposition and carrying out of death penalty in these cases held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments." (Furman v. Georgia, 408 U.S. 238)” Four years later, the Court countered this decision in Gregg v. Georgia allowing the death penalty once again. The majority of states currently allow some method of capital punishment, (lethal injection, the gas chamber, electrocution, hanging, and firing squad.) Though they are still looking for more “humane” methods of execution. But no matter how humane, for any person to know the exact day that they were going to die, that has to be an immense weight. Many people who are sent to jail, and more specifically death row, do need to be sent there. Others however, can and should be rehabilitated, to once again enter as a functioning member of society, instead of being sent away to their awaited fates.

Being on death row is a long and slow process, and the Judicial System always has some mistakes. USA Today reporters, Richard Wolf and Kevin Johnson, in a study of the U.S. death penalty wrote the following. ”[Anthony] Hinton was nearing his 30th year on Alabama's death row when the Supreme Court, in a little-noticed decision last year, granted him a hearing because of a defense lawyer's mistakes during his murder trial in 1985. That led to a new review of ballistics evidence used to convict Hinton of two murders half a lifetime ago, when he was 29. Although prosecution witnesses had testified the bullets came from a gun found in Hinton's mother’s home, defense experts hired this year found no such connection. The case fell apart, and in April, Hinton was freed. ‘"Being on death row has taken so much from me as a human being,”’ he says. ‘“I spent 30 years on death row for something I didn’t do.”’

The wrongful incarceration of this man, along with many others, is undeniable proof that there are faults in the judicial system, as soon as someone is suspected, especially when involved in a heinous crime, retribution is sought out, even if falsely. Innocence on death row is a leading dispute, with many cases having strong evidence of innocence. According to the Death Penalty Information Center, “There is no way to tell how many of the more than 1,400 people executed since 1976 may also have been innocent. Courts do not generally entertain claims of innocence when the defendant is dead. Defense attorneys move on to other cases where clients' lives can still be saved.”

People tend to overlook something once they reach a conjecture. It’s hard to break away from false conclusions of a few people debating the fate of a person. When so much evidence, right or wrong, is stacked against them, there are only so many conclusions to come to, and it becomes harder for a person to prove their innocence. With a defective system, it should be transparently obvious that this system of death should be left as part of the past.

However the death penalty can also be seen as a more appropriate way to deal with criminals. It not only punishes those who break the law, but it can also deter possible felons from committing those crimes in the first place. David B. Muhlhausen a leading expert on criminal justice programs reported, "One particularly good study, based on data from all 50 states from 1978 to 1997 by Federal Communications Commission economist Paul Zimmerman, demonstrated that each state execution deters an average of 14 murders annually.

The cost of death penalty cases is certainly not trivial. But the deterrent effect yields a most valuable benefit. The death penalty saves lives." Retribution and closure for the families is also a salient part of the death penalty. Though in recent cases, the death penalty has been shown to no longer scare people who want to commit the crimes. It takes such a long time to actually go through the process of appeals, that some inmates with a life sentence actually prefer to be put on death row. It can take up to thirty years or more in some cases, and many of the prisoners on death row don’t worry much about actually dying because there are setbacks and postponements all of the time.

It is said that state execution deters 14 murders annually, but is that truly stopping people when in the first five days of 2016, 128 people had already been murdered. The scare of the death penalty is no longer a deterrent for those who would commit the crimes. A better option instead of ending someone’s life, would be life without parole, but not just waste their time but do something productive with it.

All in all, the death penalty truly needs to be ended, and if not, at the very least, reformed. It’s almost unimaginable to believe that someone's life can be ended so easily by a small group of people, and even more so that the investigations that coincide with these decisions aren’t always done accurately and in depth. Place yourself in the position of a man who has been convicted for twenty years and is waiting to pay, to die, for what he didn't do. Those placed in this system need a quick resolution, that is also done as accurately and professionally as possible. The American people need to realize that executing these people is not the way to stop them. It is a hypocritical and truly inefficient process.

Works Cited

  • Executed But Possibly Innocent, Death Penalty Information Center, Robert Dunham
  • Muhlhausen, David B. "Studies Confirm: Death Penalties Deter Many Murders at Far Less Cost." McClatchy - Tribune News Service. 16 Oct. 2014: n.p. SIRS Issues Researcher. Web. 10 Dec. 2015.
  • Wolf, Richard, and Kevin Johnson. "Decades of Life Stolen from Men Facing Death." USA TODAY. 16 Sep. 2015: A.8. SIRS Issues Researcher. Web. 09 Dec. 2015.

© 2017 Evan Lippold

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    • JezMyOpinion profile image

      JezMyOpinion 2 months ago from The South

      DNA confirms her guilt:

      https://youcouldbewrong.files.wordpress.com/2014/0...

      Darin knew what she had done the second he saw the boys: https://www.youtube.com/watch?v=cDQOAj1LeqU&t=...

      In an update to her case, Darlie and her attorneys have conceded that she is the only possible killer, as noted by the Texas Court of Criminal Appeals on May 21, 2003. A request for retesting forestic evidence was granted on June 18, 2008. During the Summer 2014 a judge ordered for more forensic testing again. That testing was completed in June of 2015. Only unidentified thing is a smudged finger print that is Darlies size, just too smudged to id.

    • AshutoshJoshi06 profile image

      Ashutosh Joshi 2 months ago from New Delhi, India

      The debate world over has been going on for far too long and I am pretty sure there won't be a consensus, even in the near future.

      It's one of those scenarios that often keeps you at the fence. Though I agree that capital punishment may not necessarily act as a detterent and retribution isn't always confined to 'eye for eye' notion but rather a sense of closure.