School Essay: The Death Penalty

The Death Penalty

Leslie K. Penny

Chancellor University

Module 6.1 Written Assignment 3

Abstract

The controversy surrounding the death penalty for Americans has been around since the first recorded execution in 1608 of Captain George Kendall in Virginia for being a spy for the country of Spain (Early Death Penalty Laws, 2013).  And it will continue to be a controversy even if it were to be abolished throughout all the 50 states.  The following essay will explain what those merits are as well as argument for and against the death penalty and my own views on the death penalty. 

            The Death Penalty

            Ask anyone their views on the death penalty and emotions can run the gamut.  The controversy surrounding the death penalty for Americans has been in around since the first recorded execution in 1608 of Captain George Kendall in Virginia for being a spy for the country of Spain (Early Death Penalty Laws, 2013).  And it will continue to be a controversy even if it were to be abolished throughout all the 50 states.  For now, though, the death penalty is hanging on by a thread because some believe it has merit.  The following essay will explain what those merits are as well as arguments for and against the death penalty and my own views on the death penalty. 

            Over the years, merit behind the death penalty has gone from petty things such as cutting down a tree to more serious heinous crimes such as murder.  There were actually 222 crimes that were punishable by death back in the 1700's in Britain that included stealing and robbing a rabbit warren (Early Death Penalty Laws, 2013).  Thankfully, people came to their senses somewhat over the years and have gone away with petty crimes and left the more severe crimes to the death penalty.  Each state has their own death penalty statutes as well as federal statutes where "the death penalty in the United States is used almost exclusively for the crime of murder" with other various capital crimes that are not used often (Death Penalty for Offenses Other than Murder, 2013). 

            The following list of crimes merit the death sentence, however, there are currently no offenders on death row for these crimes: treason (Arkansas, California, Colorado, Georgia, Illinois, Louisiana, Mississippi, Missouri and Washington), aggravated kidnapping (Colorado, Idaho, Illinois, Missouri and Montana), drug trafficking (Florida and Missouri), aircraft hijacking (Georgia and Montana), placing a bomb near a bus terminal (Montana), espionage (New Mexico) and aggravated assault by incarcerated, persistent felons, or murders (Montana) (Death Penalty for Offenses Other than Murder, 2013).  The federal capital statutes have a couple crimes that are the same as State and a few others added to the list that are non-murder crimes, and again, there are no offenders currently on death row for these offenses: espionage (18 U.S.C. 794), treason (18 U.S.C. 2381), trafficking in large quantities of drugs (18 U.S.C. 3591(b)), attempting, authorizing or advising the killing of any officer, juror, or witness in cases involving a continuing criminal enterprise, regardless of whether such killing actually occurs (18 U.S.C. 3591 (b)(2)) (Death Penalty for Offenses Other than Murder, 2013). 

            The death penalty for rape cases was deemed recently unconstitutional as a punishment but it was a close 5-to-4 decision in favor of the only two men to ever be convicted of child rape in our country (Greenhouse, 2008).  As a matter of fact, this "decision was the third in the last six years to place a categorical limitation on capital punishment" (Greenhouse, 2008).  The Supreme court put their foot down banning the execution of mentally retarded defendants in 2002 and in 2005, "it ruled that the Constitution bars the death penalty for crimes committed before the age of 18" (Greenhouse, 2008).  Even though we are seeing the application for the death penalty narrowing, complete abolition is not in the near future. 

            Ask 10 different people to provide a reason for why they are for the death penalty and you will most likely get a varied range of reasoning.  Ask why one is against the death penalty and, again, you will get another varied list of logic.  According to the website, www.balancedpolotics.org, reasons for death penalty include:

·       it gives closure to the victim's families who have suffered so much;

·       it creates another form of crime deterrent;

·       justice is better served;

·       our justice system shows more sympathy for criminals than it does victims;

·       it provides a deterrent for prisoners already serving a life sentence;

·       DNA testing and other methods of modern crime scenes science can now effectively eliminate almost all uncertainty as to a person's guilt or innocence;

·       prisoner parole or escapes can give criminals another chance to kill;

·       it contributes to the problem of overpopulation in the prison system;

·       and it gives prosecutors another bargaining chip in the plea bargain process, which is essential in cutting costs in an overcrowded court system (Messerli, 2013).

            The list against the death penalty, understandably, is marginally longer than the logic for the death penalty:

·       financial costs to taxpayers of capital punishment is several times that of keeping someone in prison for life;

·       it is barbaric and violates the "cruel and unusual" clauses in the Bill of Rights;

·       the endless appeals and required additional procedures clog out court system;

·       we as a society have to move away from the "eye for an eye" revenge mentality if civilization is to advance;

·       it sends the wrong message: why kill people who kill people to show killing is wrong;

·       life in prison is a worse punishment and a more effective deterrent;

·       other countries (especially in Europe) would have a more favorable image of America;

·       some jury members are reluctant to convict if it means putting someone to death;

·       the prisoner's family must suffer from seeing their loved one put to death by the state, as well as going through the emotionally-draining appeals process;

·       the possibility exists that innocent men and women may be put to death;

·       mentally ill patients may be put to death;

·       it creates sympathy for the monstrous perpetrators of the crimes;

·       it often draws top talent lawyers who will work for little or no cost due to the publicity of the case and their personal beliefs against the morality of the death penalty, increasing the chances a technicality or a manipulated jury will release a guilty person;

·       and it is useless in that it doesn't bring the victim back to life (Messerli, 2013).

            To conclude, I am very much for the death penalty and would like to see severe heinous child molestation cases be included in the offenses for capital punishment.  I feel those that have conducted such a heinous crime is not worth the risk for rehabilitation.  That is my opinion which the essay asks for.  I do, however, have one slight hesitation and that is the chance that someone could be put to death that was innocent.  We have seen many death row inmates exonerated from death row, 140 since 1973 to be exact (Innocence and the Death Penalty, 2013).  That is my only issue with the death penalty and it is a risk that continues to be taken as long as the death penalty is in the books. 

            There are no reported cases of this happening because who's going to represent a dead guy?  However there are quite a few cases that show strong evidence of innocence: Carlos DeLuna (convicted in 1983 and executed in 1989), Ruben Cantu (convicted in 1985 and executed in 1993), Larry Griffin (convicted in 1981 and executed in 1995), Joseph O'Dell (convicted in 1986 and executed in 1997), David Spence (convicted in 1984 and executed in 1997), Leo Jones (convicted in 1981 and executed in 1998), Gary Graham (convicted in 1981 and executed in 2000), Claude Jones (convicted in 1989 and executed in 2000), Cameron Willingham (convicted in 1992 and executed in 2004) and Troy Davis (convicted in 1991 and executed in 2011) (Executed but possibly innocent, 2013).  It is a risk our penal system is committed to taking until the death penalty, if ever, is abolished. 

Works Cited

Death Penalty for Offenses Other than Murder. (2013). Retrieved 08 11, 2013, from Death Penalty Information Center: http://www.deathpenaltyinfo.org/death-penalty-offenses-other-murder

Early Death Penalty Laws. (2013). Retrieved 08 11, 2013, from Death Penalty Information Center: http://www.deathpenaltyinfo.org/part-i-history-death-penalty#intro

Executed but possibley innocent. (2013). Retrieved 08 11, 2013, from Death Penalty information Center: http://www.deathpenaltyinfo.org/executed-possibly-innocent

Greenhouse, L. (2008, 06 26). Supreme Court Rejects Death Penalty for Child Rape. Retrieved 08 11, 2013, from The New York Times: http://www.nytimes.com/2008/06/26/washington/26scotuscnd.html?pagewanted=all&_r=0

Innocence and the Death Penalty. (2013). Retrieved 08 11, 2013, from Death Penalty Information Center: http://www.deathpenaltyinfo.org/innocence-and-death-penalty

Messerli, J. (2013). Should the death penalty be banned as a form of punishment? Retrieved 08 11, 2013, from Balanced Politics: http://www.balancedpolitics.org/death_penalty.htm