If post-Furman death penalty statutes and Court decisions had the impacts desired by the Court’s majority in Furman
The court ruling and post-Furman death penalty statutes have not achieved the desired effects since capital punishment still follow the same trend. Importantly, racial discrimination is still evident in convicting murder and other serious offenders. Black Americans have higher chances of facing capital punishment as compared to Natives with similar offenses. Since the revival of the capital penalty in the 1970s, close to half of offenders on death row are blacks (Uniform crime report, n.p.). Evidently, the White and Black Americans exhibit equal chances of committing murder or rape. Thus, the reports on the ratio of blacks and whites facing death row reveal that race is a resolute aspect. Baldus study established that defendants charged with murdering whites had 4.3 times chances of receiving capital punishment than those accused of killing blacks (Bedau, 254).
Death penalty statutes cannot be made constitutionality acceptable due to several reasons. It violates the warranty of equal protection as stipulated in the constitution. Also, it blocks the due processes of law. An offender cannot benefit if new evidence emerges. Additionally, capital punishment is not an efficient means of compacting crime.
If current execution methods are unusual or cruel
Some of the current execution methods are cruel and unusual because of these reasons. They represent ancient days of slavery and corporal penalties. Vollum, del Carmen and Frantzen (299) states that some failures that occur during the execution process hurt the offender such as taking long to locate the veins. There are instances when the person facing death row undergoes a period of severe pain before being pronounced dead.
If we should be concerned about botched executions
Botched execution has raised serious concerns that should be addressed. Even after medical examination, determining the right drug and dosage that will initiate death is usually a challenge. The executors may administer a drug that makes the patient undergo a lot of pain before dying. Also, injecting the drug into the right vein poses challenges, and it may take even 18 minutes (Seideman n. p.). Highly experienced practitioners should do bothered executions. Further, the patient should undergo a series of medical examination a day or two before execution to allow the executors determine the right drug and dose.
If death penalty deters capital crime adequately than LWOP
Capital punishment does not bar individuals from committing murder due to various reasons. Only a consistent penalty can prevent a particular crime. Thus, since capital punishment is not frequent, it cannot prevent capital crimes. Only a small percent of those sentenced to death end up being executed. Importantly, from 2001 to 2009 death penalties reduced to 137 (“Death sentences, n. p.). Additionally, capital crimes mostly happen due to stress, emotions, or mental problems. It is impossible for the offender to predict if they or will not perform a capital crime. Hence, there are chances it will occur again despite capital punishments. Permanent imprisonment is an effective method of deterring this crime since capital punishment may even prompt more criminal violence.
The decision in Atkins vs. Virginia
I don’t agree with the Court’s ruling in the Atkins vs. Virginia. Mentally ill offenders should not be sentenced to death. Mental illnesses usually lead individuals to make unclear or wrong decisions which they would not make if they were normal. I think mentally ill offenders should undergo treatment, counseling, and short imprisonments. The worst punishment for a mentally ill person should be life imprisonment.
Works Cited
Bedau, Hugo. The Death Penalty in America: Current Controversies. 4th ed. New York: Oxford University Press, USA, 1997. Print.
“Death sentences in the United States from 1977 by state and by year.” deathpenaltyinfo.org. 2016. Web. 8 June 2016. < www.deathpenaltyinfo.org/death-sentences-united-states-1977-2008 >
Seideman, David. "A Twist Before Dying." Time 143.21 (1994): 52. Academic Search Premier.
“Uniform crime report: Expanded Homicide data.” 2010. Web. 8 June 2016. < https://www2.fbi.gov/ucr/cius2009/documents/expandhomicidemain.pdf>
Vollum, Scott, Rolando Carmen, and Durant Frantzen. The Death Penalty: Constitutional Issues, Commentaries, and Case Briefs. United Kingdom: Routledge, 2014. Print.
