Capital Punishment: Does
Death Equal Justice?
Capital punishment causes the death of someone because
that person killed someone else, yet only murderers suffer such a fate.
Rapists do not endure rape, thieves do not have their possessions robbed,
and those convicted of assault do not undergo a similar assault.
ByTara Volpe
or hundreds of
years people have considered capital punishment a deterrence of crime.
Seven hundred and five individuals have died since 1976, by means of
capital punishment; twenty-two of these executions have already occurred
this year (Death Penalty Information Center). Many U.S. citizens who
strongly support the death penalty believe that capital punishment remains
the best way to protect society from convicted killers. I, however,
disagree; I do not feel that execution best punishes criminals for their
acts. Instead, in my opinion, the administration of the death penalty
should end because it does not deter crime; it risks the death of an
innocent person, it costs millions of dollars, it inflicts unreasonable
pain; and most importantly it violates moral principles.
Capital punishment has as its aim not only the punishment of criminals
but also the prevention of similar crimes. Unfortunately, capital punishment
does not in fact deter criminal acts, as most supporters of the death
penalty expect. Michael Meltsner points out that "capital punishment
was justified as a deterrent to crime, yet the killing [has been] done
infrequently and in privacy" (3); these factors lead to the ineffectiveness
of capital punishment as a deterrent. The infrequent administration
of capital punishment stems from the vast differences in each case and
the legal variations among the states that permit capital punishment.
Currently, thirty-eight states have the death penalty, but each state
establishes its own criteria for the establishment of which crimes warrant
the death penalty. For example: "Connecticut executes offenders
of capital felony crimes with nine categories of aggravated homicide,
while California executes offenders of first-degree murder with special
circumstances; train wrecking; treason; perjury" (Death Penalty
Information Center). These inconsistencies do not help the deterrence
of crime, nor make those states that administer the death penalty crime-free.
Statistics of murder rates in states without the death penalty compared
to statistics in states that support the death penalty prove the lack
of deterrence. For example, "the average of murder rates per 100,000
population in 1999 among death penalty states was 5.5, whereas the average
of murder rates among non-death penalty states was only 3.6" (Death
Penalty Infomation Center). This lack of deterrence may exist in part,
from the fact that executions occur in private, and society remains
sheltered from its horrors. On the other hand, perhaps the repeated
execution of prisoners by the state makes society gradually become more
and more immune to the horror that should accompany the forfeiture of
life.
Though capital punishment does indeed fail to eliminate crime from the
streets, the possible execution of innocent individuals outweighs many
other concerns. Most capital punishment cases pose great difficulty
in the determination of guilt or innocence beyond a reasonable doubt.
An example of possible wrongful execution appears in the case of David
Spence, convicted in 1983:
Spence was charged with murdering three teenagers in
1982. He was allegedly hired by a convenience store owner to kill
another girl, and killed these victims by mistake. The convenience
store owner, Muneer Deeb, was originally convicted and sentenced to
death, but then was acquitted at a re-trial. The police lieutenant
who supervised the investigation of Spence, Marvin Horton, later concluded:
"I do not think David Spence committed this crime." Ramon
Salinas, the homicide detective who actually conducted the investigation,
said: "My opinion is that David Spence was innocent. Nothing
from the investigation ever led us to any evidence that he was involved."
No physical evidence connected Spence to the crime. The case against
Spence was pursued by a zealous narcotics cop who relied on testimony
of prison inmates who were granted favors in return for testimony
(Death penalty info center).
Unfortunately, in 1997 the execution of David Spense took place, even
though doubt of his guilt still existed. In such a case, with a human
life at stake, the practice of capital punishment presents too great
a risk. We have no way to know how many inmates will suffer from wrongful
execution for crimes that they did not commit. Due to the irreversibility
of capital punishment, little room exists for human error, in the process
that leads to conviction. In some instances, inmates have barely escaped
execution due to last-minute presentation of evidence that proved their
innocence; their escape resulted from sheer luck. While DNA tests often
serve as proof of guilt or innocence, other factors can lead to wrongful
accusations: "…eyewitnesses make mistakes, snitches lie,
confessions are forced, coerced, or fabricated. Lab tests are wrong
and sometimes rigged" (Brasfield 40). Those individuals who support
the death penalty may claim that these cases occur rarely and that the
need to remove dangerous criminals from society outweighs the risk of
the death of one innocent person. However, I strongly believe that these
individuals would not feel the same way if they or their family members
faced execution for a crime they did not commit.
Capital punishment not only takes the lives of many, it also costs American
taxpayers millions of dollars each year. California spends about ninety
million dollars each year on executions alone; thus, according to the
Joint Legislative Budget Committee
of the California Legislature the "elimination of the death penalty
would result in a net savings to the state of at least several tens
of millions of dollars annually, and a net savings to local governments
in the millions to tens of millions of dollars on a statewide basis"
(Death penalty Information Center). The cost of execution should concern
American citizens because the millions of dollars spent each year to
put criminals to death could instead go to better the community. With
the elimination of the death penalty, millions of dollars each year
would become available for schools, education, roads, and community
services, which include the police department. Life imprisonment costs
less than execution and does not require the extinction of life.
Nowadays the preferred method for execution has become lethal injection,
for most supporters of the death penalty consider it the most "humane"
method of execution. Supporters of capital punishment state that death
by lethal injection involves no pain; however, we can never really know
whether lethal injection causes pain or not. In some cases, a convicted
criminal executed by lethal injection has suffered greatly before death
occurs. For example, on June 8, 2000, the execution of Bennie Demps
took place in Florida. Technicians who administered the death penalty
could not immediately find a suitable vein in which to inject the lethal
combination of drugs; in fact, the process took thirty-three minutes.
Thus, Demps' execution involved extreme pain. He stated just before
his death, "They butchered me back there I was in a lot of pain.
They cut me in the groin; they cut me in the leg. I was bleeding profusely.
This is not an execution, it is murder" (Death Penalty Information
Center). In the end, no "humane" way to kill another human
exists; execution equates murder, whether the state orders it or not.
Whether execution of capital offenders violates morality causes much
debate; citizens of the United States hold various religious beliefs
and different opinions about the morality of legal execution. Hugo Bedau
explains that, "the law of God is "thou shall not kill,"
and every system of ethics and code of morals echoes this injunction"
(184). However, many supporters of the death penalty state that God's
will permits the state to enforce capital punishment because, after
all, it abides by the principle of "an eye for an eye, a tooth
for a tooth." Capital punishment causes the death of someone because
that person killed someone else, yet only murderers suffer such a fate.
Rapists do not endure rape, thieves do not have their possessions robbed,
and those convicted of assault do not undergo a similar assault. Though
these crimes seem less significant compared to murder, how can the state
justify the murder of killers as punishment for the crime of murder?
If we allow the state to administer executions, I believe that we give
the state power that we do not possess. God, not man kind, should both
create and take life.
Many supporters of the death penalty say that criminals must die to
ensure public safety; however, if these inmates stayed in maximum-security
prisons for consecutive life terms, they would remain isolated from
society, with very little chance of escape. I, personally, view capital
punishment as an act of vengeance rather than an act of justice. Even
though many societies have used capital punishment as a way to control
crimes rates, I do not think that capital punishment properly punishes
those convicted of capital offenses. The government should focus more
on rehabilitation rather than execution; after all, some convicted murderers
do feel strong remorse for what they have done. I think that the legal
system should require inmates to meet with counselors, or spiritual
advisors if they wish, and work to pay their debt to society, while
they stay in prison. The execution of individuals for crimes they have
committed, such as murder, causes yet another family to suffer the loss
of a loved one, no matter how heinous the crime. Capital punishment
causes pain for the inmate, the inmate's family, the victim's family,
and society as a whole. Death sentences should cease; instead of spending
money on executions, states should use those funds to better the community
and rehabilitate those individuals convicted. Every human life possesses
value.
Works Cited
Bedau, Hugo. The Death Penalty in America. Chicago: Aldine Publishing
Co.,1964.
Brasfield, Philip. "The End of Innocence." The Other Side
Nov 2000:40.
Death Penalty Information Center. 23 March 2001
<www.deathpenaltyinfo.org/index.html>.
Latzer, Barry. Death Penalty Cases: Leading U.S. Supreme Court Cases
on Capital Punishment. Boston: Butterworth-Heinemann, 1998.
Meltsner, Michael. Cruel and Unusual: The Supreme Court and Capital
Punishment. New York: Random House Inc., 1973.
Essay Assignment
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