Death Penalty

THE DEATH PENALTY

The main purpose of this study is to explain the incorrectness of the death penalty, the contradiction between international human rights and the death penalty; to prove the capital punishment is not deterrent, in the light of historical experiments.

-------HISTORY---------

The first traces of the death penalty could be seen in the Code of King Hammurabi of Babylon in the 18th century BC, but the first recorded punishment was in the 16th century BC in Egypt. Also, in the 14th century BC’s Hittite Code, and in the 7th century BC’s Draconian Code of Athens, according to which for every crime death penalty was made, and in the 5th century BC’s Roman Law of the Twelve Tablets it was possible to see the punishment. Burial alive, drowning at sea, beating to death, stoning, beheading and crucifiction were the most common ways of execution. To set a famous example, Greek philosoper Socrates was killed by being drunk poison for the reason that he had led the degradation of the youth.( Randa 1-2)

-------AMERICA----------

As for reforms about the death penalty; the first reforms occured between 1776-1800. A group of people led by Thomas Jefferson proposed a law that recommended the death penalty for only treason and murder. After a stormy debate the legislature defeated the bill by one vote.(Randa 4) Finally, in 1846, Michigan became the first state to abolish the death penalty, except for treason against the state. The second Great Reform era was 1895-1917. In 1897, U.S. Congress passed a bill reducing the number of federal death crimes. In 1907, Kansas abolished all death penalties with the “Main Law”. Then, eight more states abolished capital punishment. Also, other states came close to ending the death penalty. This process continues even today. Citizens’s fear for their security creates a strong movement against lawnessness. As a result of this, governments are calling for more frequent death penalties, longer prison sentences, death penalties for more crimes. The ones who oppose these moves argue that tougher sentences do not slow crime and that crime is little or no worse than in the past. FBI statistics show murders now up. (For example 9.3 persons per 100,000 population were murdered in 1973 and 9.4 persons per 100,000 were murdered in 1992). (Randa 9)

----------EXAMPLES-------------

A few examples of capital punishment decisions made by Supreme Court, according to Randa’s Society’s Final Solution:

“Wilkerson v. Utah 99 U.S. 130 (1878)__ Court upheld execution by firing squad saying that other types of torture are forbidden.”(9)

“Louisiana ex rel. Francis v. Resweber 329 U.s: 459 (1947)__ Seventeen year old Willie Francis sat on electric chair and due to faulty of equipment he survived. He was put into his cell again. Six days later he was executed.” (10)

“Penry v. Lynaugh 492 U.S. (1989) __ He was seen as sane by the court and received death penalty. After his execution, it was fixed that he had the mental age of six-year old child.”(11)

*************As it can be seen through the examples, death penalty has nothing to do with humanity. They kill people by firing them,by electrifying them. Furthermore, they do this thinking they do the right thing and they fight against cruelty. They have such an ill mind that they can say it is the only way to prevent the innocent people but in fact the thing they do is no more than satisfying their own ego.

--------JUVENAL OFFENDERS------------

According to the questionnaire conducted by the Secretary-General of the United Nations in 1987, in several countries the execution limit of year is sixteen.(Hood 162). *********************How much reasonable is it to accuse a sixteen-year CHILD of an offense, even punish him with death! Can we hold a child accountable for a crime? Is not it more reasonable to look for a more durable solution? Killing and getting rid of him is the easy way. The hard and also the right one is to rehabilite the guilty and regain him into the social life. In my opinion, executions arouse detestation towards government and law among young people. As a result of this, they do not feel guilty while commiting a crime.*****************

---------------PREGNANT WOMEN-------------

A second horrible result of the questionnaire is execution of pregnant women. It was fixed that only in one country the execution of pregnant women occured. Furthermore; there are instances of mentally ill people’s executions. According to the questionnaire, in several countries defendants in capital cases receive inadequate legal representation.(Hood 163) They (governments and courts) seem to look for reasons and create the appropriate environment to execute their citizens. A good example for this; almost all countries gave assurances that trials would be fair but in several countries, especially under military law, abuse the law to speed up the trial.(Hood 163) Can you imagine that you kill people so that you could deal with more cases? Despite of the denials of the countries, it is known that these have occured. Information from press reports and other sources suggest that over the last ten years public executions have taken place in at least twenty-two countries.(Hood 164)

-------------RACIAL DISCRIMINATION--------------

As it can be seen through the report, those who supports and practice the death penalty cannot conduct even it properly. It is not more than murder. However, according to Kleck with some statistical data, in America there is no racial discrimination in criminal sentencing. (Kleck 783).

According to the Kleck’s article there is not any racial discrimination in criminal sentencening in America except for South. Also Kleck claims that “at least five different practises can produce racial differentials in criminal sentences which are likely to be viewed as illegitimate or unjust”. (784). These are; over racial discrimination against minority defendants, disregard for minority crime victims, class discrimination, economic discrimination, institutional racism (Kleck 785).

In the light of the “Emprical Studies of Racial Discrimination and the Death Penalty” Kleck states that “there were no significant differences between black killers as a group, but when offender / victim racial relationship