Introduction
John Kitzhaber is the governor of the state of Oregon. He has been one of the staunchest anti death penalty campaigners. Kitzhaber terms the practice as ‘inequitable and compromised’. He also states that the practice does not even meet the basic justice standards. So are Governor John Kitzhaber’s sentiments justified? Is it true that the death penalty is indeed an evil practice that should it be eliminated from the United States justice system?
The governor states it is relatively easy for the people of Oregon to find an alternative to this method of “executing justice”. Professor Kaplan has also explored this issue in detail. He has studied the death penalty practice in Oregon particularly focusing on practical realities that are responsible for the problematic nature of the practice. The professor gives a comprehensive analysis of the death penalty’s history in Oregon. He also shows the wrongful convictions issue that has been so prevalent over the year. In addition, he also looks at the enormous amount of taxpayer’s money that has been used throughout the years in sustaining and maintaining the death penalty practice in Oregon State. The god professor in fact uses an analogy of the fact that only two people have actually been executed and both of them were indeed volunteers to show the ineffective nature of the death penalty.
The professor sentiments are complementary to those of the governor. It would indeed seem that the death penalty is outdated and does not accomplish any legal intention any more. In Oregon particularly, state law changes and jurisprudence of the death penalty have rendered the death penalty’s administration ineffective. Just like the governor, the professor argues that the death penalty on Oregon needs serious review and re-examination. This needs to be done with consideration being given to its effectiveness, time, and cost. Professor Kaplan therefore gives a recommendation that the governor formulates a committee that is non-partisan to study the study the death penalty practice in Oregon and give the findings and recommendations. This will ultimately give the citizens of Oregon a chance to determine and decide whether to abolish or maintain the death penalty practice.
In China, this aspect is being looked at from a different perspective. Efforts are not aimed at eliminating the practice but are instead aimed at improving the humanity aspect of the death penalty. I should be recognized that the individuals facing execution also have some basic human rights. This has however been accompanied by many problems. The communist government of China hopes to add some humanity aspect to the individual who are facing execution. This can be done through the provision of certain rights such as right for absolution claim, reproductive right, right to cohabitate with one’s spouse before execution, personality right, terminal care right, right to choose the execution mode and finally the right to determine what should done with the body parts and organs of the individual who has been executed .
In conclusion, it is clear to see that the death penalty is an outdated and irrelevant practice that should be essentially plucked from all legal books. This is because of the various impediments and problems that rendered it ineffective over the years.
