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Pro-Death Penalty
According to Wikipedia, “Capital punishment, also referred to as the death
penalty, is the judicially ordered execution of a prisoner as a punishment for a
serious crime, often called a capital offence or a capital crime.”
- Supporters say that there is no evidence that racial
minorities are targeted more often than white persons for the death penalty.
Instead, they say that misleading evidence is given to support a nationwide
abolishment of the death penalty. To support this claim is the fact that since
1973, hardly any convicts have been proved to be innocent on Death Row, and if
they have been proved innocent, they have been freed. This shows that the
system is working correctly.
- After the case of Furman vs Georgia in 1972, amendments
were made to the criminal justice system prevailing in Georgia, and in the
case of Gregg vs Georgia in 1976, these amendments were approved. These have
made the judicial system less like to make mistakes in sentencing convicts to
death.
- Death is an appropriate punishment for those who have
committed the most brutal and inhumane acts. A death sentence is the only way
to ensure that these acts are not committed again.
- Capital punishment, if given correctly, can serve as a
powerful way to deter would-be murderers. Because of the extremity of the
punishment given, society is less apt to condone crime and therefore crime is
a more frightening prospect. This fear of crime leads to its prevention.
During the 1990s, the murder rate dropped, showing evidence that the death
penalty led to less crime.
· The death penalty is not
“cruel and unusual,” so long as a correct judicial process is followed to mete
out a decision. As Alex Kozinski, a judge for the U.S. 9th Circuit Court of
Appeals, says, "Most of us continue to believe that those who show utter
contempt for human life by committing remorseless, premeditated murder justly
forfeit the right to their own life."
· There is an efficient judicial procedure that deals with crime, following the
decision of Gregg vs Georgia. Judges must be extra careful while dealing with a
case of capital punishment. In the first trial, the defendant’s guilt or
innocence is determined. If the defendant is found guilty, in the second trial
the punishment is decided. In this trial mitigating factors are considered, such
as the convict’s background and history of crime and motive for murder. Convicts
who suffered child abuse or emotional trauma are usually given a more lenient
sentence of life in prison. However, if the convict murdered for money or
tortured the victim, s/he is likely to be sentenced to death. Therefore, a very
careful procedure is followed before a convict is sentenced to death.
- · During the case of Penry v. Lynaugh in 1989,
there was evidence shown that the convict had the age of a six-and-a-half year
old child, but since there was no law barring execution of mentally retarded
inmates, the convict was executed. Although many human rights groups have
tried to stop mentally retarded death row inmates from being executed, it is
risky to do so as an inmate can use their mental capacity as an excuse to get
away with murder.
Against the Death Penalty
According to Wikipedia, “Capital punishment, also referred to as the death
penalty, is the judicially ordered execution of a prisoner as a punishment for a
serious crime, often called a capital offence or a capital crime.”
- According to the Death Penalty Information Centre, it is
more likely for a black prisoner to be sentenced to death for committing a
crime against a white person than it is for a white person to be sentenced to
death for committing a crime against a black person. This was based on
observations made in 1000 Philadelphia homicide cases over the past 10 years.
There are many studies which show that black persons or persons of other
racial minorities are sentenced to death more often than white persons. This
is obviously due to racial bias in the criminal justice system, and is
therefore unconstitutional.
- There is no evidence to show that the murder rate
declines in countries where the Death Penalty is practised. If anything, those
who are treated more brutally are more likely to commit crime than those who
have not been as brutalised. In fact, the United States, a supporter country,
has a far higher murder rate than abolitionist countries in Europe.
- Those who receive lower incomes are not able to afford
good defence attorneys, and for this reason they are more likely to be
sentenced to death. This is unfairness as it is probable that because of this
reason, innocents are put to death.
- Another reason that affects the fairness of the death
penalty is the fact that from state to state, laws and popularity regarding
the death penalty vary, and therefore a convict’s sentence is affected by
where his/her case is tried.
- In the 1972 case of Furman vs. Georgia, the Supreme
Court ruled the Death penalty as being unconstitutional due to its widespread
use rather wantonly and freakishly. This violated the 14th Amendment, which
promises fair trials and equal protection for all citizens of the United
States. This pattern of use also violated the Eighth Amendment, which
prohibits cruel and unusual punishment.
- New evidence can come to light after an execution, and
putting an innocent to death is too great a risk to take. In any case, humans
as fallible creatures do not have the right to decide that another human’s
life can be taken.
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