The death penalty remains a most controversial topic not only in the ‘US but the rest of the world for many years now. It was in 1622 that the first execution took place in the United States in Virginia for a criminal in the American colonies as stated by Marcus (838). Many oppose while several others support the death penalty. What adds to the debatable issue are the process, mistakes, and costs involved. The last execution in the US took place in 2015.
The paper considers all those issues related to the death penalty and if it is the right form of punishment for the offenders who have committed a serious crime against society. It looks at the history behind and the situation in the US as compared to other countries, as well as the pros and cons of the death penalty.
Death Penalty in the US
Every country has well-defined the framework of rules and regulations that deal with crime and criminals. The death penalty is looked upon as a vital law enforcement tool by the police chiefs, government agencies and the politicians. However, views may differ on the need and purpose of death penalty. Many are of the view that more effective strategies could be designed for fighting the crime. After all, there are enormous costs and precious time that go into the capital punishment (Dieter 2016). The practice of death Penalty emerged from the English common law where any individual convicted of a felony faced the death sentence. Ironically, the practice has become much more pervading in the US as compared to the UK, which abandoned capital punishment in 1973 (Marcus 838). Death Penalty punishment in the US extends beyond the crime of murder and includes armed robbery, rape, arson, burglary, and kidnapping.
Most of the state and federal laws concerning the death penalty trailed the US Supreme Court in endeavoring to limit, but not eradicate, the discretion of a jury (Marcus 842). The criminal sentencing in the US has become sterner over the years. Although the population has not grown tremendously, the rates of incarceration have amplified at least six times as asserted by Marcus (843). It is seen that Americans get incarcerated at a much higher rate as compared to other countries. Another surprising fact is that the death penalty in the US has not kept pace with the growing trend of incarceration rates, and the annual number of executions in the US is still much below than other countries (Marcus 844).Execution Methods in the US Execution in the US is done by hanging, giving a lethal injection and shooting. Other options include Gas Chamber and electrocution (Death Penalty Database 2016). There has been a shortage in lethal drugs supply that is used to execute prisoners, especially the drug thiopental. This is because the foreign and domestic drug companies have refused to provide these drugs because those drugs are meant to save people and not to kill them (Death Penalty Database 2016) Moreover, there is secrecy that shrouds those drugs and their pharmacies that further interrupt the constitutional defense against cruel punishment. European pharmaceutical companies are now refusing to sell the drugs that are used for lethal injections in the death penalty (Kesby 2015).
Current situation It is expected that with the next two decades, the death penalty will see its own end. The signs are there to see as one by one, state by state are imposing the harsh punishment in a lesser degree (Kesby 2015). The latest state to abolish the death penalty is Nebraska.US Supreme Court is reviewing the lethal injection and changing execution methods. Lethal injection remained the most preferred method of execution as it was seen as a humane and safe way to dispatch the convicted. There are no unpleasant side-effects like the sight of blood or smell of burning flesh (Kesby 2015).
The laws of domestic capital punishment are getting influenced by international law and the legal practices of various nations. The instruments of human rights and the interplay of international legal norms plus the domestic laws have been highly controversial. The stark reality is that United State is the only country that sanctions death penalty for those under the age 18 (Douglas 308). According to Marcus (847), the polling data states that the support for the death penalty has dropped considerably over the years. Interestingly, polls piloted throughout the world indicate higher support for the death penalty even in those countries without capital punishment, for example, Japan, South Korea, Canada, Russia and the UK.
Every country has a well-defined framework of rules and regulations that deal with crime and criminals. The death penalty is looked upon as a vital law enforcement tool by the police chiefs, government agencies and the politicians. However, views may differ on the need and purpose of the death penalty. Many are of the view that more efficient strategies could be designed for fighting the crime. After all, there are enormous costs and precious time that go into the capital punishment (Dieter 2016).
Why death penalty continues?
It is hard to answer as to why so many states in the US and countries retain the death penalty. There is a huge diversity of people with significant differences in their ethnic backgrounds and nationalities. The US legal system does not encourage and trust a powerful central government unlike many countries, and this limits the reach of government. Even though the systems of capital punishment are fraught with issues, it continues with strong support even under the fundamental rationale for the death penalty. The situation in the US is a historical one, and any crime of violence was punished seriously as such individuals were thought to be truly deserving the execution. Although the system of capital punishment thrives in the US and with relatively strong support, the number of executions continues to drop all across the world and in the US (Marcus 870).Limitations of death penalty
Despite the detailed laws and updated legal frameworks, there are limitations on the use of capital punishment. This is because only certain crimes are enclosed by the capital punishment (Marcus 862). The US Supreme Court holds that only murders can form the reason for the death penalty. This means that the perpetrators of awful crimes such as sexual assaults and heinous crimes like rape are not tried for the death penalty. The Supreme Court holds that the mentally retarded cannot be executed even if they have committed dreadful murders as stated by Marcus (863). There are very low prosecution rates of individuals under the age of 18 for capital crimes, and the prosecutors are unwilling to bring charges against juveniles.
The debate over the death penalty and deterrence continues throughout the world. Most criminal justice professionals disagree with the notion that death penalty has been effective in lowering violent crime (Marcus 846).In favor of death penalty Discouragement and deterrence are the most commonly quoted argument in favor of death penalty. Deterrence may be a factor in offenses that include both the victims, their families and the killers themselves. Still, on closer examination, the death penalty is able to deter only a small fraction of offenses (Hance et al. 7). It justifies those case where multiple murders are involved and where the victim is killed. It is seen that in the majority of the cases where the death penalty is imposed, the crimes are not premeditated. For example, burglars who enter a house with the intention of robbing do not plan to kill anybody. Often people involved in emotional situations or carrying severe psychiatric disorders are not able to focus on deterrence anyway. Those realities negate the effects of deterrence in most cases.
Another strong support for death penalty comes for the victims and their families who have a right to justice. It is unbearable for them to think that their loved one is gone while the murderer is living in a comfortable jail cell. However, in most cases it is seen that the families just want the ordeal to end, and their healing process gets further delayed every time a court hearing shifts to another date. It is not just the family of the victim, but the family of the convicted killer that also undergoes the emotional turmoil of the never ending court process. They often have to face the wrath of the media and public while the victim’s family gets sympathy and support (Hance et al. 7).
Not In favor of death penalty
Several aspects work against the death penalty, and the opponents propose numerous arguments against it. These include the costs involved, the delays, and the probability of mistakes and scarcity of death row lawyers.
The first factors to go against the death penalty are the costs involved. Billions are spent on cases involving death penalty, and when compared to the other cases, the costs of death penalty prosecution is 20 times more. Those cases last longer and the costs mount. The state has to bear the legal expenses for attorneys, feed and guard all inmates and take care of other expenditures (Hance et al. 3).
The next are the incessant delays as the time lag between conviction and execution goes well beyond 17 years, and this is twice the national average. The condemned convict will probably get old and perhaps die of old age. Many convicted often die of natural or other causes. Moreover, there is a dearth of death penalty attorneys, and this is a major reason behind the postponements in appeals for the death penalty. There are several reasons for the lower number of attorneys qualified to handle death penalty cases. One of the major reason is that these cases require special expertise and experience. Those cases are emotionally demanding and time-consuming. Another reason behind the delays are the backlog at the Court as each death penalty case is to be reviewed by the Supreme Court, and the process may take well over ten years. The mounting workload of a death penalty is getting staggered in numbers (Hance et al. 4).
One of the major concerns regarding death penalty is the possibilities of the flaws in the judicial system and its procedures. As there are different witnesses, judges and parties involved, there are chances of human error. Of course, DNA and advanced technologies make the outcomes 99 percent reliable; there are cases of wrongful convictions (Hance et al. 5).
The Moral Argument and challenges
The institution of the death penalty as a punishment is often looked upon as a moral challenge. While some would agree to such penalties, others might think of them to be morally impermissible. The moral challenge remains as to how to justify those convicted of such crimes that demand a death penalty. After all, it is argued that the society carries no right to hang someone. While many may support the death penalty in principle, there are concerns regarding the procedures and wrongful convictions made. It is a terrifying thought to know that an innocent had been hanged or executed. The legal system has its flaws, and there are plenty of examples of wrong people getting convicted sometimes.
Spiritual and religious discussions often question decision regarding the death penalty. There is a question about the impartiality of the procedures. Despite the aspect that the execution of a hardcore criminal may seem moral, but the broader contexts hold such decisions unethical and immoral (Marcus 850). According to the moral philosophy, no one gets justice by killing one. Whether to go for the decision of death penalty will rely on retribution and deterrence. Moreover, there is no guarantee that the level of crime will go down. Recent surveys show that death penalty has a little preventive effect on crimes (Hance, Bryan S., et al. 9).
It is impossible to state that the death penalty will execute only the guilty, and the most serious concern here is the possibility of the wrong man getting executed. There are chances of making errors and mistakes as the legal system relies on judges, witnesses, and other parties. There is every possibility that the real culprit walks free while the innocent gets hanged. There are incidences of misidentifications, improper forensic science, and biased confessions. Thus, the risk of executing the wrong person is very real.
The death penalty does not bring fast and swift justice. The whole procedure can take months and years, thus making the families of the victim and the murderer suffer. The longer the process, the deeper is the pain as the families are forced to recall their trauma. They have to face years of uncertainty and sufferings. The death penalty is different as it is a lengthy trial and each level can differ and become more time-consuming. There is no way of identifying if those who have been executed were the real culprit and not innocent. There are statistics that show an inequality between the percentage of blacks listed on death row and their population when compared to whites (Marcus 858). This shows that death penalty is not just and remains biased. It is not easy to overlook the element of racism in the cases lined for the death penalty. The discriminatory application of the punishment of white and black offenders is evident.
Different attitudes towards punishment
The fundamental question remains as to why and how why offenders should be punished and how their getting punishment will benefit the society. More importantly, turns the offender into a better human being and will the punishment help curb crime. The answers relate to the offender deserving the punishment and crime prevention. Different criminologists, social theorists, and moral philosophers follow different ideas on the concept of punishment.
Despite the efforts of many brilliant minds and ongoing expenditure to create an effective criminal justice system, the vision of a perfect system is still far and distant. What one finds here is, the solutions of on problem leading to another and those personal misfortunes getting tenured to other calamities. For those accused of a crime, it is like entering a world of a night mare. The portals of the justice system promise fair and fast justice, but what one finds is just delays, bewilderment and financial losses. One will come across not just the offenders, but the victims and their families too caught in the labyrinth of the so-called justice system, already feeling exhausted and defatted. Moreover, those frustrations are shared by both offenders and the victims (London 1) The conception of community-based justice is recognized as restorative justice carrying the possibilities of better and transformative kind of justice. For most, restorative justice has become the better alternative to the oppressive power of the current judicial system in the state. For the prisoner’s; rights advocates, it means and alternative to incarceration, and for the victim, it means the possibility of genuine involvement, and for the Christian groups, it means forgiveness (London6). Crime is a serious matter and what differentiates it from other injuries is the loss of trust and the failure of the society. While the victim becomes scarred for life, the offender becomes an outlaw for all his life, and thus, in a way, the crime hurts both. The restorative justice system in the society should build that level of trust and act as a healing process for both the victim and the offender. Restorative justice can be seen as a philosophy and an implementation strategy as stated by London (13).
The empirical evidence points out that the punishment carries no individual deterrent, and the capital punishment is in no way more deterrent than the life imprisonment. As those policies regarding punishment show just a temporary effect, they cannot be considered a successful deterrent. It is often seen that most criminals do not make balanced choices when committing a crime. The principles of restoration are seen as an effective goal of punishment and is looked upon another alternative to philosophies for punishment. The focus here is on correcting the mindset of the offender and make him realize his wrongdoing and take the responsibility. The community groups and local support groups can join hands with the law for these restorative efforts.
Many organizations in the United States remains committed to law enforcement and make continuous efforts to find solutions to the problems of crime and reduce criminal activities. The planned solutions cover the restructuring of society and implementing new solutions that affect a wide range of people. The motive is to strike at the roots of the crime by restructuring and strengthening the criminal justice system. Capital punishment may fulfill the criteria of incapacitation, but there is still no guarantee that the crime will not take place again.
Conclusion
The pragmatic evidence based on the past research shows that capital punishment is in no way better or more credible in comparison to the life imprisonment. After all, each case is different. The criminals do not think rationally when they commit a crime, and their intentions might be influenced by the underlying criminal subculture, values acquired or lack of self-control due to anger and personality disorders. Other criteria such as rehabilitation and retribution should be looked into before setting a punishment for any crime. The seriousness of the crime measures the level of offense, and it is just not the logical, but an ethical rationale is required to justify punishment. It is the fear of the punishment that carries a higher practical value than the punishment itself. There are so many cons that point towards the death penalty, for example, the staggering costs, shortage of attorneys and the delays and backlogs in the legal system, that only add to the risks of making mistakes. Crimes and criminals vary in their nature and the motivation behind. In some cases, the punishment can have a deterrent effect on individual while on the other hand; there are no such effects seen. That having said, the death penalty is an absolute punishment and destroys the humanity of an individual. Still, in some rare and grave crimes, one can justify the capital punishment. However, even if the punishment seems justified, there is always the risk of making errors and executing the wrong man. Thus, capital punishment can never get justified hundred percent. Those delays and backlogs need to get dissolved and costs of getting justice controlled. The morality of punishment lies in its ethical rationale and the level of offense. There are no specific ways to measure crime or design a particular punishment/It is the fear of punishment that should carry a far higher practical value. The death penalty cannot be the supreme solution to end crime as the complexity of the subject makes it difficult to arrive at the nature and purpose of punishment.
Works Cited
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