Sunday, September 29, 2013

SHOULD THE UNITED STATES ABOLISH CAPITAL PUNISHMENT? [THE DEBATE OF THE MONTH ~ SEPTEMBER 2013]



NOTE: I will post a debate on a topic of this blog once a month.



Point: The death penalty is ineffective and only perpetuates more killing in the name of justice

By Blake Branch | Posted: Thursday, August 29, 2013 10:17 am

Capital Punishment is highly ineffective.

They say that for every action, there is an equal and opposite reaction. An eye for an eye, a tooth for a tooth. So why shouldn’t it be a death for a death?

Thirty-two states currently use some form of the death penalty, also known as Capital Punishment. Since the U.S. Supreme Court reinstated the use of the death penalty in 1976, a total of 1,340 people have been executed. People may be against the death penalty from a moral standpoint: that killing someone, while not by their own hands, may make them feel no better than the person convicted of the crime. But people should be against the death penalty because it simply isn’t effective. 

Capital Punishment doesn’t work in part because as a country, we can’t collectively agree on not only having it but what method should be used. Eighteen states have abolished the death penalty, with Maryland (2013) and Connecticut (2012) being the most recent. While that isn’t the majority, a still hefty 36 percent of the state governments don’t believe in killing someone for their actions. And several states and groups who have the death penalty, including New Hampshire, Kansas and the U.S. Military, have not executed a person since 1976. This group did include New Jersey until 2007, when they simply abolished it outright. In the Western Hemisphere in 2011, the United States was the only country to execute someone through the death penalty. 

But even with the vast majority of states allowing the death penalty to be used, at times they can’t decide on which of five methods to use. Currently, people can be executed via the electric chair, the gas chamber, firing squad, the gallows and lethal injection, which is the most common. It would seem things like a firing squad and hanging would be extremely outdated and rarely used. But the last electrocution was January of this year, firing squad was three years ago, lethal gas was in 1999. And hanging? That would be 1996, simply 17 years ago. 

Typically the death penalty is used when the crime charged is murder or homicide. However, since 1994 the death penalty can be used in situations where the person sold illegal narcotics (The Drug Kingpin Act) or is accused of espionage or treason (the Federal Death Penalty Act of 1994). In 2008 in Kennedy v. Louisiana, the U.S. Supreme Court ruled against the state of Louisiana’s decision on the death penalty for child rapists, saying “there is a distinction between intentional first-degree murder on the one hand and non-homicide crimes against individual persons.” In addition, they ruled out the death penalty for any crime against an individual where the victim’s life was not taken. 

Currently there are 3,125 on death row. And that is a fairly typical number, with inmates on death row nationwide averaging in the 3,000’s since 1995. Since 1988, there has been at least 2,000 people on death row and at least a thousand since 1982. If it was an effective program, it should deter some people from committing these crimes, not increase it. And many of these people have been on death row for a number of years. According to the Bureau of Justice, in 1984 the average time between sentencing and execution was 74 months, or a little over six years. In 2010 it was 178 months, the equivalent of 14 years and 10 months. As a result, nearly a quarter of death row deaths are as a result of natural causes, this according to the United States Department of Justice. 

 Everyone has their day in court. They go through the legal processes and a jury of their peers decides their fate.  For some people, justice is done when the person is convicted. For others, it’s when they are gone from this earth. And that shouldn’t be the case. An eye for an eye. Never a life for a life.

For Ryan's counterpoint read: Not all should receive death penalty, only those who commit atrocious crimes

Counterpoint: Not all should receive death penalty, only those who commit atrocious crimes

By Ryan Duggan | Posted: Thursday, August 29, 2013 10:22 am 

Life is a blessing. Merely existing, feeling, experiencing the world around us and having conscious thought are all aspects of living that, in and of themselves, are often the overlooked beauties of being alive. It can be a great gift, one which some fully cherish, but others take for granted.

However, I do not believe that all who are living deserve this gift. There are instances of heinous acts in which individuals forfeit their right to live by taking the lives of others in unwarranted, atrocious crimes. 

Call me callous, but some criminals deserve death. However, I emphasize some, and what I disagree with is the notion that no murderer should be executed, as opponents of capital punishment fight for.

Take, for example, Steven Hayes and Joshua Komisarjevsky, two monsters in Connecticut who did unspeakable crimes. The men broke into the house of William Petit and Jennifer Hawke-Petit, bludgeoned William, raped and then strangled Jennifer, sexuality assaulted their 11-year-old daughter while taking photos on their cell phone, then tied the 11-year-old and another daughter to a bed before setting the whole house on fire. 

These two men were rightfully sentenced to death, but opponents to the death penalty would argue that they deserve to live their life in prison and die of natural causes.

No, their deaths won’t give back what was lost, but it will be a sense of justice. It will be a sense of justice in that by executing them, they are punished for their crimes by taking away the one thing that cannot be given back, also the very same thing they took from others. 

Society teaches us how bad an act is by the punishment it merits Allowing men like this to live would belittle the heinous acts of murder and rape which they conducted, displaying to citizens that the most vile things cannot earn someone death in the justice system, all the while simply being an innocent victim of crimes like this can result in death.

Keeping them alive does not send a message of leniency and forgiveness, it’s a message that undermines the value of a moral life if murderers get to live while the innocent die.

It’s not necessarily an eye for an eye philosophy that I adhere to, but I believe these men are well past the point of rehabilitation, and sitting in a prison cell with daily meals, access to books, writing material, and often the radio or television is a bit too much.

That being said, I also don’t believe that all those who are convicted of murder should receive the death penalty. Say, for example, George Zimmerman was convicted of second degree murder. Even though his acts were unfortunate and considered evil by some, I don’t think anyone would compare them to a degree similar to Hayes and Komisarjevsky. 

Murders that are a result of a situation that escalated out of control and were not premeditated, torturous acts, deserve life in prison with parole being debatable. If a judge and jury can without a doubt conclude that a murderous act was intentional and torturous, then those criminals should be put to death.

Also, it’s uncertain whether capital punishment deters crime. Even so, I still say this: If we execute murderers and there is no deterrent in capital punishment, all we have done is taken from criminals what they took from others. If we don’t execute and there is a deterrent effect, then we have allowed even more innocent people to die and murderers to live. 

Many also point to the cost of executions and the lengthy process of conducting them, as well as those  on death row eventually proven innocent and released from prison. Yes, killing those who are rightfully innocent would be a terrible thing. But abolishing the death penalty and allowing those who are clearly guilty of atrocious acts is just as terrible. 

As for the cost, just speed up the process. With advancing methods of gathering evidence, we should be able to sift through which criminals deserve the death penalty and which ones are not beyond reasonable doubt in regards to committing their crime. 

In cases like the one above, or recent cases like Ariel Castro, James Holmes or Nidal Hasan, there is no doubt who committed the crime. There is no doubt what they did, and there is no doubt these were atrocious acts.

Life is a precious thing, and capital punishment should be dealt with the utmost rigorous process. However, there are those crimes which enable no excuse of leniency, and justice should be dealt accordingly.

For Blake's view read: The death penalty is ineffective and only perpetuates more killing in the name of justice

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