A current controversial issue is whether or not the death penalty should be allowed. Is it “cruel and unusual punishment,” thus making it unconstitutional? Or is it just a convenient way to ensure that we get rid of terrible criminals?
Reasons to Execute:
A. Deterrence
1. If certain crimes can be punished by death, fewer people would be willing to risk their lives and commit the crime.
2. There is no second chance, no chance of parole. Death is much more permanent than a life sentence.
B. Hard to kill a wrongly convicted criminal
1. Many people feel that if the death sentence is used, then there would be innocent people who were wrongly convicted killed and, if proved innocent, they could not be released. Reasons why this would happen so rarely:
a. " Capital punishment may be imposed only for a crime for which the death penalty is prescribed by law at the time of its commission.
b. Persons below eighteen years of a age, pregnant women , new mothers or persons who have become insane shall not be sentenced to death.
c. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the facts.
d. Capital punishment may be carried out only after a final judgment rendered by a competent court allowing all possible safeguards to the defendant, including adequate legal assistance.
e. Anyone sentenced to death shall receive the right to appeal to a court of higher jurisdiction.
f. Anyone sentenced to death shall have the right to seek pardon or commutation of sentenced.
g. Capital punishment shall not be carried out pending any appeal, recourse procedure or proceeding relating to pardon or commutation of the sentenced.
h. Also capital punishment shall be carried out so as to inflict the minimum possible suffering."
2. Many of the cases are appealed, and it is many years after the sentencing that the convict is actually executed. Any information that would be discovered has most likely been found by then.
3. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the fact (Crime Prevention and Criminal Justice Branch 5-25-84).
C. Incapacitation
1. By killing the person, they cannot then commit the crime again.
D. Lex Talionis (a life for a life)
1. With the assistance of a Latin dictionary, I managed to roughly translate this to mean "contract of retaliation.
2. This “eye for an eye” concept goes way back to the ancient civilizations. For example, Hammurabi’s code.
3. only way for the victim’s family to have definite closure.
4. if prisoners are in jail, they get all sorts of luxuries, including cable.
E. More humane than life imprisonment
1. quick and instantaneous instead of a life in jail.
2. prisoner doesn’t have to suffer and rot in jail for the rest of his life.
F. More economical than life sentence
1. cost of housing, feeding, and appeals
2. we are supporting these people for life
3. amount of money to support one prisoner for a year: $22,000
4. cost to support one prisoner for twenty years: $1,520,000
G. Maximum public safety
1. no parole- people can’t get out and kill again.
2. In 1992, one out of 11 prisoners in death row had a prior homicide conviction. If we had killed these people the first time, they wouldn’t have survived to strike again.
H. Should be enforced in a more timely fashion
1. The average time to remain on death row after convicted is 9 years, 6 months. We are supporting these people the whole time. (See notes on economics)
Reasons not to execute:
A. Chance for convicted to “pay-back” society
B. Cruel and unusual punishment (violation of the 8th amendment)
1. Any taking of human life is cruel and inhumane
2. can be torturous: For example, electrocution. It can cause terrible burns and take more than one try.
3. “capital punishment is a euphemism for legally killing people and no one, not
even the State, has the authority to play God.”
C. Doesn’t deter crime
1. Countries which abolished the death penalty have had no increase in their crime rates.
2. Many people who murder don’t stop to think about the consequences.
D. Less expensive than execution
E. Moral argument
F. Violates human dignity/rights
G. Possibility of innocent death
1. If found innocent, the executed cannot be freed. They are already dead and gone.
2. 1987 Stanford University survey: at least 23 Americans have been wrongly executed in the 20th century
Sorry that was so long- just wanted to show you some of the reasoning. So what do you think of the death penalty? :eek: