РефератыИностранный языкCaCapital Punishment Essay Research Paper 1Who Do

Capital Punishment Essay Research Paper 1Who Do

Capital Punishment Essay, Research Paper


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Who Do We Think We Are?


Capital Punishment is the penalty of death for a crime. The most common criminals


who are executed are convicted murderers. What message is that sending? The use of


capital punishment sends the message that murder is okay, as long as it is applied to the


right person. The application of capital punishment in our society is hypocritical. It has no


place in the judicial system.


The way we handle the punishment of capital crimes is pathetic! There are other


ways to punish criminals outside of taking their lives, but we, for some reason, feel the


need to play the exterminator. The people who commit capital crimes are not animals to


be exterminated. They are human. They deserve the same breath that everyone else takes.


If a person commits a heinous crime then that person is obviously not normal. That person


is obviously in need of mental help and, we should help these criminals instead of hurting


them (religioustolerance.org).


Criminals have families and friends who care about them. Why should the innocent


bystanders be punished because of another’s actions? Killing anyone, for any reason, only


brings on more pain and suffering than is necessary. We should recognize the problems in


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our society and heal those problems instead of placing a temporary fix on a permanent


problem.


Capital punishment is excessive and unnecessary. Killing a criminal only solves one


problem and causes many more. The one problem it solves is the criminal is no longer


walking the streets. Encarceration would serve the same purpose. If the criminal is


encarcerated then he/she no longer poses a direct threat to society, so killing him/her


would be overkill (pardon the pun). It causes other problems because the criminal was


executed merely out of retribution. Sort of an eye for an eye. Actions like this only keep


hatred and condemnation flowing in society (progress.org).


A punishment can only be called a deterrent if it is performed consistantly and


promptly. There are three reasons why capital punishment cannot be performed with any


consistancy or promptness.


1) The number of convicted murderers sentenced to death are small, and of that number,


an even smaller number are actually executed


2)Manditory death sentences are unconstitutional (Woodson v. North Carolina, 1976).


3)A considerable time between the imposition of the death sentence and the actual


execution is unavoidable.


If a person is going to premeditate a capital crime, he/she is not going to be


concerned with the punishment he/she will recieve. Instead, they are actually concentrating


on how they will commit the crime. Even after that they are not thinking of the


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consequences, they now are thinking of how they will evade detection and capture by the


police. The severest of punishments will not deter these criminals.


If a capital crime is commited in the heat of the moment, when most capital crimes


actually are, the criminal is not thinking correctly, he/she can not actually contemplate


what will happen as a result of commiting the crime. Every human being on this planet has


a breaking point, and everyone is capable of murder. When someone reaches that point


there is no punishment capable of deterring them.


Some capital crimes are commited as a result of being under the influence of drugs


or alcohol. The criminals who commit these capital crimes are obviously not in a right


frame of mind and should not be executed. This is not to say they shouldn’t be held


accountable for their actions, this is merely saying they do not deserve to lose their own


life. They may not even be conscious of the action they are committing, so how could they


possibly consider the consequences?


There are also other, underlying, situations when capital crimes are commited.


Here are a few:


Mentally ill individuals who have little or no regard for the consequence of their


actions.


Brain-damaged individuals who experience periods of uncontrollable rage and


sometimes kill


Political terrorists who are acting for either a religion or a leader of a group that


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honors it’s martyrs.


Professional hit-men who are ONLY focused on evading capture


Other than professional hit-men, few of the people mentioned are actually in a


rational state of mind when they commit their crimes. Death as a deterrent is an unrealistic


idea for these individuals because either they cannot conceive what they are doing is


wrong, or they are not thinking of the consequences of thier actions


(www.religioustolerance.org).


Capital punishment in California, as in every other state, is more expensive than a


life imprisonment sentence without the opportunity of parole. These costs are not the


result of frivolous appeals but rather the result of Constitutionally mandated safeguards


that can be summarized as follows:


Juries must be given clear guidelines on sentencing, which result in explicit


provisions for what constitutes aggravating and mitigating circumstances.


Defendants must have a dual trial–one t

o establish guilt or innocence and if guilty


a second trial to determine whether or not they would get the death penalty.


Defendants sentenced to death are granted oversight protection in an automatic


appeal to the state supreme court.


These constitutional safeguards translate into:


a more extensive jury selection procedure


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a four fold increase in the number of motions filed


a longer, dual trial process


more investigators and expert testimony


more lawyers specializing in deathpenalty litigation and automatic, mandatory appeals


Since there are few defendants who will plead guilty to a capital charge, virtually


every death penalty trial becomes a jury trial with all of the above necessary requirements


and expenses.


David Erickson’s study of Los Angeles County breaks down the cost of a capital


trial and compares it with the costs of a murder trial where the death penalty is not sought.


The following schedule is a summary of Erickson’s cost study of a death penalty trial in


Los Angeles County only.


(deathpenalty.org)


If the cost of incarceration on death row and the cost for the mandated appeal to


the State Supreme Court were added to the above capital trial expenses, the cost would


increase to an estimated 2.5 to 3 million dollars per execution. If the cost of incarceration


of an inmate sentenced to life imprisonment without parole were added to the above non-


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capital trial expenses, which is less expensive than confinement of an individual on death


row, the cost of life in prison without parole would increase to an estimated 1 to 1.5


million dollars.


Prisoners are executed in the United States by any one of five methods; in a few


jurisdictions the prisoner is allowed to choose which one he or she prefers. These are the


methods of capital punishment in use in mid-1997.


The traditional mode of execution, hanging, is an option still available in


Delaware, New Hampshire and Washington. Death on the gallows is easily bungled: If the


drop is too short, there will be a slow and agonizing death by strangulation. If the drop is


too long, the head will be torn off.


Two states, Idaho and Utah, still authorize the firing squad. The prisoner is


strapped into a chair and hooded. A target is pinned to the chest. Five marksmen, one with


blanks, take aim and fire.


Throughout the twentieth century, electrocution, has been the most widely used


form of execution in this country, and is still utilized in eleven states. The condemned


prisoner is led – or dragged – into the death chamber, strapped into the chair, and


electrodes are fastened to head and legs. When the switch is thrown the body strains,


jolting as the voltage is raised and lowered. Often smoke rises from the head. There is the


awful odor of burning flesh. No one knows how long electrocuted individuals retain


consciousness.


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In 1983, the electrocution of John Evans in Alabama was described by an


eyewitness as follows:


“At 8:30 p.m. the first jolt of 1900 volts of electricity passed through Mr. Evans’


body. It lasted thirty seconds. Sparks and flames erupted … from the electrode tied to Mr.


Evans’ left leg. His body slammed against the straps holding him in the electric chair and


his fist clenched permanently. The electrode apparently burst from the strap holding it in


place. A large puff of grayish smoke and sparks poured out from under the hood that


covered Mr. Evans’ face. An overpowering stench of burnt flesh and clothing began


pervading the witness room. Two doctors examined Mr. Evans and declared that he was


not dead.


“The electrode on the left leg was re-fastened. …Mr. Evans was administered a


second thirty second jolt of electricity. The stench of burning flesh was nauseating. More


smoke emanated from his leg and head. Again, the doctors examined Mr. Evans. [They]


reported that his heart was still beating, and that he was still alive. At that time, I asked the


prison commissioner, who was communicating on an open telephone line to Governor


George Wallace, to grant clemency on the grounds that Mr. Evans was being subjected to


cruel and unusual punishment. The request …was denied.


“At 8:40 p.m., a third charge of electricity, thirty seconds in duration, was passed


through Mr. Evans’ body. At 8:44, the doctors pronounced him dead. The execution of


John Evans took fourteen minutes.” Afterwards, officials were embarrassed by what one


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observer called the “barbaric ritual.” The prison spokesman remarked, “This was supposed


to be a very clean manner of administering death.” (www.aclu.org)


Since it has been argued in the previous pages, capital punisment is morally wrong,


then to deliberately kill someone, who has already been detained and no longer poses a


direct threat to society, is murder.


Bibliography


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http://www.religioustolerance.org/execute.htm


http://www.progress.org/archive/fold56.htm


http://www.aclu.org/library/case_against_death.html#retribution


Woodson v. North Carolina, 428 U.S. 280


http://www.deathpenalty.org/newsninfo/cost.html

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