Cpitol Punishment

INTRODUCTION

Capital punishment is the infliction of the death penalty on persons convicted of a violent crime. This type of penalty has been around since the beginning of civilization. Hebrews, Greeks and Egyptians had public executions for acts that are now considered minor. Often these executions were horrifying. They took place in public intending to deter others from committing the same violent crime. Today, this topic is a very touchy subject. Capital punishment is a pressing issue, which has people from all over the world up in arms. This is not an easily debatable issue because emotions run deep when it comes to death as a punishment. Some people are so opposed to the death penalty while others feel very strongly that an eye for an eye is deemed worthy.

Death sentences in the Eighteenth century were carried out through the means of crucifixion, drowning, beating to death, burning alive, and impalement. Now, in the twenty-first century there are only five methods of execution; electrocution, firing squad, gas chamber, hanging, and lethal injection. With those five ways of execution, there are only 12 states that do not participate and North Dakota is one of them.

There are two parties who argue whether or not capital punishment is an adequate form of punishment. These two classes of people are the proponents and the opponents. The proponents believe the death penalty is fitting, while the opponents disagree with capital punishment. Proponents of the death penalty have many reasons as to why they feel it is just. They firmly believe that if someone has taken a life, then their life should ultimately be taken. Proponents feel that execution is the only way to satisfy the public as well as themselves. Another opinion of the proponents is that it will keep prison populations down to a minimum, and that death is less costly than housing prisoners for life. What it all comes down to is safety and getting revenge. Feeling that the felon will no longer be around to hurt any one else puts proponents at ease.

On the other hand, there are the opponents. They feel that capital punishment is wrong in many ways. I will be discussing this issue and presenting quotes along with theories and statistics on why the death penalty should be banned in the remaining 38 states.

The cost of life imprisonment without parole vs. the death penalty

The general population believes that putting a murderer in prison for the rest of his life costs more than the death penalty. This is where most people are wrong. In fact, life imprisonment without parole serves the same purpose as capital punishment at a smaller cost, and without the disadvantages and injustices. Most people do not understand how death is more costly than housing a prisoner for 50 some years. What they are not taking into consideration is the cost of trial after trial. The pre- trial alone is 49% of the total costs, then there is the trial, the appeal, incarceration and execution costs.

Capital cases cost more at every level, from the trial through the numerous appeals even through the imprisonment and the execution itself, all to make sure that the wrong person is not executed. Some of the cost statistics from the death penalty information I have found are presented below.

* A 1993 Duke University study found that going through the entire process required to execute a prisoner costs $2.16 million more than keeping him locked up until he dies of natural causes. (Zorn par. 18)

* A 2002 report from the Indiana Criminal Law Study Commission found that the costs of maintaining that state's death penalty system exceed the projected costs of maintaining a life-without-parole system by 38%. (Zorn par. 16)

Is the death penalty a deterrent for other criminals?

The argument most often used in support of capital punishment is the threat that executions deter capital crimes more effectively than imprisonment. This claim is believable, but research has shown that it is inaccurate. Only a small number of first- degree murderers are sentenced to death, and even fewer are executed. Of all those convicted on a charge of criminal homicide only one in fifty are sentenced to death. Any punishment can make people scared to commit a crime if it is used steadily. Clearly, the death penalty is not used consistently.

Considerable delay is unavoidable in carrying out the death penalty, given the precautionary measures required by the courts. These delays start with collecting the jury, murder trials take far longer when the death penalty is involved. These factors increase the time and cost in administering the death penalty. The only way to reduce such delays and costs is by throwing out the precautionary measures, which then leads to a high risk of convicting the wrong person.

Serious crimes and murders are classified in one of two categories, premeditated and sporadic. If the crime is premeditated, the criminal ordinarily concentrates on escaping the arrest and conviction. The thought of even the harshest crime will not deter them from committing it, for they do not plan on being caught. If, however, severe punishment can deter crime, then long-term imprisonment is severe enough to cause any rational person not to commit a violent crime. The studies and the researchers show that the death penalty is no more a deterrent than life imprisonment, and may even be an encouragement to criminal violence in many cases.

* Death penalty states as a group do not have lower rates of criminal homicide than non-death penalty states.

* Use of the death penalty in a given state may increase the subsequent rate of criminal homicide in that state. In New York, for example, between 1907 and 1964, 692 executions were carried out. On the average, over this 57- year period, one or more executions in a given month aided a net increase of two homicides to the total committed in the next month. ( Uniform crime reports. Annually, 1972-1990)

* In neighboring states, one with the death penalty and the others without, the one with the death penalty does not show a consistently lower rate of criminal homicide.

* Prisoners and prison personnel do not suffer a higher rate of criminal assault and homicide from life- term prisoners in abolition states than they do in death penalty states.

New Orleans, Louisiana carries out the death sentence and there are murders their every day. Residents tell visitors not to go into certain neighborhoods or they will be murdered, not they could be murdered. Most murders go unsolved or even unpunished. How is that going to discourage others from committing the same crime? They already know that they can get