Thesis: The Death Penalty is not fair because innocent people are convicted, some have been almost executed, some have been executed and exculpatory evidence was discovered post execution and some have been executed despite of exculpatory evidence. The high cost of prosecuting Death Penalty cases reflects this.
INTRODUCTION I In spite of far reaching ramifications many states in America still apply and carry out the Death Sentence.
A. The Death Sentence is obtained and carried out inconsistently.
B. Death Sentence cases cost much more to prosecute than those of life without parole because of the finality of the sentence.
BODY
II Death Sentence cases create situations where innocent people can be executed, or wait for years on “Death Row” for crimes they did not commit.
A. Willie Manning was almost executed for a crime he may not have committed; a stay of execution was delivered just hours before he was to die. , .
1. Willie Manning is an example of post conviction evidence discovered before the sentence was carried out.
2. Willie Manning was convicted in 1994 for killing two Mississippi State University students. At the time of the conviction there was no physical evidence linking him to the crime. Since then, the jailhouse informant recanted his testimony. Mississippi officials did not test DNA or fingerprints found at the crime scene. The FBI volunteered to do the tests but the Mississippi Justice System refused because it did not directly incriminate Manning then, It could prove however that there was someone else at the crime scene and might lead to other suspects. Testing this evidence could resolve the crime one way or the other. .
3. Because he was convicted by a predominantly white jury racial bias is another issue assigned to this case..
B. Cameron Todd Willingham was exonerated and pardoned on February 17, 2007 three years after his Death Sentence was carried out
1. Cameron Todd Willingham and Ernest Willis are prime examples of how the Death Sentence, and its execution can go fatally wrong. Ernest Willis and Cameron Todd Willingham were both convicted using the same identical forensic evidence. Ernest Willis was exonerated, the forensic evidence declared invalid and he was freed. Cameron Todd Willingham These two cases provide an example of how the Death Sentence is fatally unfair.
2. Cameron Todd Willingham was convicted based upon testimony from Texas State forensic experts and a jailhouse informant Before he was executed, his attorneys submitted a forensic that he was executed anyway. The Texas Forensic Science Commission agreed to investigate in 2008. In 2011 years after Cameron Todd Willingham was convicted, executed, exonerated and pardoned.
C. . Ernest Willis was exonerated, the forensic evidence declared invalid and he was freed.
1. The case of Ernest Willis shows why Death Sentences are unfair to people convicted unjustly.
2. Ernest Willis spent was accused of setting a fire that killed two women. He was sentenced to death in 1987. After reviewing his case in 2004 a federal judge overturned the conviction. The forensic evidence was the same as the Willingham case.
III Death Sentence cases cost much more to prosecute than those of life without parole because of the finality of the sentence.
A. Judge Arthur Alarcon and Prof. Paula Mitchell did an Assessment of Costs incurred by the State of California for Death Penalty cases since 1978.
1. This assessment not only serves to focus on the serious finality of the Death Sentence, it also shows in stark monetary terms how serious California takes its responsibility.
2. In Assessment of Costs by Judge Arthur Alarcon and Prof. Paula Mitchell (2011, updated 2012),.. They found that it cost more than $4 Billion Dollars more to prosecute Death Penalty cases that it would have if the ultimate sentence was Life Without Parole.
B. The Urban Institute release a report about State of Maryland Death Sentence cases based on the five Death Sentences carried out in Maryland and the costs of prosecuting other Death Sentence cases.
1. This study Illustrates how the grave finality of the Death Sentence affects financial because of the humanistic concerns involved.
2. The study estimated that each of five executions carried out since the Death Penalty was reenacted in 1978 cost the State of Maryland $37.2 more, each. This is because when Prosecutors seek the Death Penalty, every step of the Defense and Prosecution cost more since all possible errors must be eliminated before the sentence is carried out.
CONCLUSION
IV There is clear evidence that shows that the Death Penalty is applied inconsistently and innocent people executed. This happens even though the Death Penalty states spend much more money prosecuting and carrying out the Death Penalty than they would if the sentence was Life Without Parole.
INTRODUCTIONIn spite of far reaching ramifications many states in America still applies and carries out the Death Sentence. One of the Death Sentence is carried out inconsistently. Some people are found innocent, some convicted and later exonerated in their lifetimes, others exonerated posthumously. Because of the finality of the Death Sentence these cases cost much more to prosecute than those of Life Without Parole. The Death Penalty is not fair because innocent people are convicted, some have been almost executed, some have been executed and exculpatory evidence was discovered post execution and some have been executed despite of exculpatory evidence. The high cost of prosecuting Death Penalty cases reflects this
BODY
Creates a situation where innocent people can be executed, or wait for years on “Death Row” for crimes they did not commit. Willie Manning is waiting on Death Row after a stay of execution was delivered just hours before he was to die. He had to endure the psychological and emotional torture of facing death for a crime he insists he did not commit , . Willie Manning’s case is an example of post conviction evidence discovered before the sentence was carried out. By a 8 to 1 decision Mississippi Supreme Court granted a stay of execution for Willie Jerome Manning just hours was to be executed. , He still does not know if he is going to live or die.
Willie Manning was convicted in 1994 for killing Jon Steckler and Tiffany Miller, two Mississippi State University students. Since that time, the jailhouse informant recanted his testimony explaining that he thought he would get special consideration in exchange for his testimony. Mississippi officials did not test DNA or fingerprints found at the crime scene. FBI volunteered, to do the tests on Manning’s DNA and determine if it matches the DNA and fingerprint samples taken from the crime scene. This evidence did not directly incriminate Manning then; and still has not been tested. It could prove however that there was someone else at the crime scene and might lead to other suspects. Testing this evidence could resolve the crime one way or the other. .
Racial bias is another issue that may have played a role in this case. The Prosecution dismissed black potential jurors on issues so trivial they included reading black magazines. This left Manning facing a white majority jury for the crime of killing two white college students. .
Cameron Todd Willingham was exonerated and pardoned on February 17, 2007, but it was too late. He was executed in 2004. The pardon came three years after his Death Sentence was carried out. Another man, Ernest Willis was convicted using the same evidence but he was exonerated in time. Cameron Todd Willingham and Ernest Willis are prime examples of how the Death Sentence, and its execution can go fatally wrong. Ernest Willis and Cameron Todd Willingham were both convicted using the same identical forensic evidence. Ernest Willis was exonerated, the forensic evidence declared invalid and he was freed. Cameron Todd Willingham executed during the Texas Governor Richard Perry’s 2004 Presidential campaign. . These two cases provide an example of how the Death Sentence is fatally unfair.
Cameron Todd Willingham always maintained his innocence. He was convicted based upon testimony Texas State forensic experts and a jailhouse informant who claimed Willingham had confessed to him. Before he was executed, his attorneys submitted a forensic report by Gerald Hurst, a forensic expert who is nationally recognized for his expertise in investigating arson. This report proved conclusively that none of the forensic evidence used in convicting Cameron Todd Willingham was valid. . The Texas Forensic Science Commission agreed to investigate in 2008. . In 2011 years after Cameron Todd Willingham was convicted, executed, exonerated and pardoned the Texas Forensic Science Commission issued a report on the Willingham & Willis cases. (See: Addendum A)
Based on the same evidence used against Cameron Todd Willingham Ernest Willis was convicted of arson. But his case ended better Ernest Willis was exonerated, the forensic evidence declared invalid and he was freed.. The case of Ernest Willis shows why Death Sentences are unfair to people convicted unjustly. . He had to sit on Death Row for 17 years, waiting to die for a crime he did not commit.
Ernest Willis spent was accused of setting a fire that killed two women. He was sentenced to death in 1987. After reviewing his case in 2004 a federal judge overturned the conviction. Willis given improper medication during the trial, the court-appointed lawyer who represented spent a total of three hours with him before the trial. One of these lawyer gave up his law license later because of drug charges. However, he was one of the lucky ones, after 17 years on Death Row he was exonerated and the charges dismissed in 2004. He walked out of prison alive and free. The State of Texas even gave him $100, the clothes on his back and ten days of medication.. He was quoted by Maureen Balleza of the New York Times as saying “It is great to be free.” Referring to his wife who waited for him all those years he said, “There is so much catching up to do, but we’re going to catch it up a day at a time, hour by hour, minute by minute.” .
In addition to the human injustice there is a practical fiscal aspect to this as well. Death Sentence cases cost much more to prosecute than those of life without parole because of the finality of the sentence. Studies from different states, carried out by different people or institutes consistently uphold these findings.
Judge Arthur Alarcon and Prof. Paula Mitchell did an Assessment of Costs incurred by the State of California for Death Penalty cases since 1978. This shows in stark monetary terms how serious California takes its responsibility regarding the serious finality of the Death Sentence. In an Assessment of Costs by Judge Arthur Alarcon and Prof. Paula Mitchell (2011, updated 2012),.. They found that it cost more than $4 Billion Dollars more to prosecute Death Penalty cases that it would have if the ultimate sentence was Life Without Parole. Furthermore, they estimated that if California would immediately commute the sentences of the inmates on Death Row to a sentence of Life Without Parole the State would see immediate savings of $170 Million Dollars a year. The total savings to the State of California over the next 20 years would be more than $5 Billion Dollars. . The list below is a breakdown of the savings as illustrated by this study
- $1.94 billion--Pre-Trial and Trial Costs
- $925 million--Automatic Appeals and State Habeas Corpus Petitions
- $775 million--Federal Habeas Corpus Appeals
- $1 billion--Costs of Incarceration
In another study, The Urban Institute release a report about State of Maryland Death Sentence cases based on the five Death Sentences carried out in Maryland and the costs of prosecuting other Death Sentence cases. This study estimated that each of five executions carried out since the Death Penalty was reenacted in 1978 cost the State of Maryland $37.2 more, each. This is because when Prosecutors seek the Death Penalty, every step of the Defense and Prosecution cost more since all possible errors must be eliminated before the sentence is carried out.
CONCLUSION
The cases described above present clear evidence that shows that the Death Penalty is applied inconsistently carried out inconsistent and innocent people suffer and are executed because of this. This happens even though the Death Penalty states spend much more money prosecuting and carrying out the Death Penalty than they would if the sentence was Life Without Parole. Based upon this evidence it would seem logical that the Death Penalty be abolished across the country. Inmates convicted and facing Death Sentences should have their sentences commute to Life Without Possibility of Parole. Otherwise, innocent people will continue to face death for crimes they did not commit. Some will some will be almost executed before they are freed. Others will be executed despite exculpatory evidence discovered post execution, delivered before the sentence is carried out and not acted on by the Justice System. Other will be found innocent posthumously. The high cost of prosecuting Death Penalty cases reflects this
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