part 2 essay

Death Penalty

Maria Feistel

Strayer University

Professor Jenna Thrasher-Sneathen

10/19/2017

Death Penalty

Death penalty is also known as capital punishment. It is a practice sanctioned by the government as punishment for people who have committed a capital offense. The sentence for such a crime is what is referred to as a death sentence; the process of carrying out the sentence is what they refer to as execution. Capital offenses include; murder, espionage, treason, genocide, war crimes and crimes against humanity. Currently, only fifty-six countries have maintained capital punishment, other have either abolished it or maintained it for special crimes such as war crimes (Hoffman, 2005). In the United States, only 18 states have completely abolished capital punishment.

The United States has carried out more than 1400 executions in four decades (1977 to 2016). To begin with, there are no major differences in crime rates in the states that allow death penalty and those which do not. Personally, I believe capital punishment is the worst violation of human rights, it is cruel and inhuman and infliction of unnecessary psychological torture on the victims. Death sentences are biased and to favor the rich who can afford good attorneys (Hoffman, K. (2005). It is also prejudiced against the poor and the minority races. In my opinion on would rather get a life in prison sentence than a death penalty.

The first premise we are going to consider is whether death penalty helps deter crime or not. Personally, I believe it doesn't. According to an article by Professor John J. Donohue who teaches law at Stanford University, there is no statistical evidence indicating that death penalty is a deterrent against crimes such as homicide. However, Professor Cass R. Sunstein of the University of Chicago believes that capital punishment may be required not for retributive reasons but for preventing loss of innocent lives. George W. Bush, the 43rd president of the United States in a 2000 debate, said that he believes that death penalty saves other people’s lives. However, I believe that it is not right to justify death penalty solely due to its deterrent effect. The policymakers ought to find more effective, less costly ways of addressing capital offenses.

The view that capital punishment deters crime is an interesting one since it doesn't have any credible statistical evidence that proves its effectiveness in reducing crime yet many influential people, including George W. Bush a former U.S president, believe it should continue. Jimmy Carter the 39th President of the United States in his 2012 article observed that the claim that death penalty deters crime is ironical since homicide rates in the US country were five times greater than in other western countries without the death penalty. If I believed in this view, I would have observed that death sentences can serve justice to the victims and their families since many people feel some kind of relief when the offender hangs. However, this view would only be right if, there was sufficient evidence to prove that it deters crime. Another condition is that if policymakers are confident that it will enhance public safety and it will be administered fairly and justly.

The second premise is whether capital punishment is ethical or immoral. According to me, the death penalty is both unethical and immoral, and it violates the right of man to life. Professor Edward Feser believes that since death sentences are reserved for the worst cases committed by the most heartless and brutal murderers, they deserve capital punishments as it justifies the heinousness of their crimes. However, former Oregon State Penitentiary superintendent, Mr. Semon Frank thinks that on a moral perspective, the death penalty is a failed policy. He also believes that the judges who handle such cases fall into deeper convictions emotionally leaving feelings of guilt and contemplation (Thompson 2017).

Capital punishment is immoral, unfair and discriminatory. Criminals need not be treated in the same brutal manner they treated their victims since this depicts a society as uncivilized and savage (Hoffman, 2005). Alex Kozinski, a former judge of the court of appeals in the United States, believes that a moral society should demand the life of any person who murders another. Religious books such as the Qur'an however, teach that human life is God-given and it is only He that is allowed to take it. An article by the National Catholic reporter states that, like Jesus Christ, Christians should learn to forgive those who hurt them and their loved ones and love those who have been condemned rather than judge them. This wheel help to stop the vicious cycle of violence. The Jewish Social Policy Action Network advocates for the abolition of the death penalty arguing that it is immoral and constitutes a cruel and unreasonable punishment that depict a culture of violence and misleads the young generations.

The issue regarding whether capital punishment is moral or ethical is an interesting topic due to the views of the proponents and the opponents (Thompson, 2017). For example, proponents suggest that the brutal actions of the murderers deserve equally brutal punishments. Others feel that it is immoral on the part of society not to punish offenders. However, the religion which is sure most of these proponents profess is against taking God-given lives thus making this issue very controversial. If I believed in this opinion, I would probably face the greatest dilemma ever since my religion wouldn't support my opinions. Under some conditions, however, proponents might be right. In countries where cases of jailbreaks are rampant for example, it would be risky to keep murder convicts in such facilities since they will most probably escape. This would put the lives of those who put these convicts in jail at risk. Death sentences can also be considered for crimes that contribute to gross loss of lives.

Finally, our last premise to consider in this paper is whether life in prison without parole is a better substitution to the death penalty. My opinion on this matter is that life in prison is better, less brutal and less expensive. On the other hand, death sentences are costlier, less effective and can wrongly lead to the prosecution of innocent people (Appleton & Grover 2006). Proponents of death sentences, however, argue differently, they believe life in prison exposes convicts to unnecessary psychological torture. The prisons where they are condemned to are designed to be most punitive where they do not have access to rehabilitative or restorative programs. These prisoners often succumb to psychiatric problems such as depression and active psychosis (Hoffman, 2005). Proponents of death sentences feel that the kind of solitude these prisoners go through makes them lose their sanity while lowering their dignity hence this sentence is not lenient in any way.

Proponents of capital punishment bring to light some fascinating facts. According to Ronald Earle, an attorney, it is quite possible for offenders to commit murder again while in prison thus indicating just how risky life imprisonment without parole can be. Some prisoners would rather experience the 15-minute trauma associated with carrying out a death sentence rather than face a lifetime of psychological and emotional torture. Kenneth Hartman a convicted prisoner facing life in prison without parole perceives LWOP prisoners as dead men walking whose lives are condemned to lifetime torture and devoid of any chance of restoration. If I were a death sentence advocate, I would probably notice the additional torture one faces in prison life knowing that one will die there without a chance of ever tasting freedom again. I might also find out that life in prison is not as lenient as I thought it was. However, in circumstances where the prisoner is likely to develop some mental instability and commit more crimes while in prison, executions can be swiftly carried out. Again, in countries where prisons are not well guarded or where cases of jailbreaks are high, death sentences can be considered.

References

Appleton, C., & Grover, B. (2006). The Pros and Cons of Life Without Parole. British Journal Of Criminology, 47(4), 597-615. http://dx.doi.org/10.1093/bjc/azm001

Hoffman, K. (2005). Book Review: Life Without Parole: Living in Prison TodayLife Without Parole: Living in Prison TodayHassineVictor3d ed.Los Angeles, CA:Roxbury. 2004. 267 pp. $38.95. Teaching Sociology, 33(2), 229-231. http://dx.doi.org/10.1177/0092055x0503300214

Novek, E. (2011). The Alternatives to Violence Project's Work for Peace Behind Bars. Peace Review, 23(3), 335-341. http://dx.doi.org/10.1080/10402659.2011.596061

Thompson, S. (2017). Opinion | What I Learned From Executing Two Men. Nytimes.com. Retrieved 11 October 2017, from https://www.nytimes.com/2016/09/18/opinion/sunday/what-i-learned-from-executing-two-men.html