Against Capital Punishment
Theory of Knowledge
Against Capital Punishment
Capital punishment, also known as the death penalty, is used today as a punishment to several different crimes, such as homicide, multiple homicide, child murder and rape ending in death. History shows that the death penalty was used on people in the 17th century who were accused of being witches. It was also used in the 18th century for several hundred offenses, including murder as well as witchcraft. Most of the crimes punishable by death, however, were crimes against personal property, as well as "cursing, adultery, praying to false idols, lying under oath, and other more serious offenses such as rape, kidnapping, and murder." (Gottfried 15) Two people who opposed the death penalty were Benjamin Franklin and William Bradford, whom had both been influenced by Dr. Benjamin Rush, who is "considered to be the founder of the anti-capital punishment movement in the United States." (Gottfried 15) The newly started anti-capital punishment movement caused many groups who opposed the death penalty to form, but without a strong leader after Rush's death in 1813, they accomplished nothing. However, in the 1840s, Horace Greeley, founder and editor of the New Your Tribune became the leader of the movement. The American Society for the Abolition of Capital Punishment was created in 1845, and in 1846, Michigan, although not yet a state, became the first place in the US to abolish the death penalty and replace it with life imprisonment. Soon, Rhode Island and Wisconsin followed, but when angry citizens claimed the death penalty was necessary, they reversed their law and made it legal. This flip flop continued throughout the following years in the United States, making it the only nation in which the death penalty stance was not united. The death penalty should be done away with because it is more expensive than life imprisonment, it violates constitutional rights, it creates sympathy for the murders, and it does not bring back the dead.
Supporters of capital punishment claim that the death penalty deters crime, it saves lives, it is cheaper to kill them than to keep them in prison, that it is more severe than serving time, and that "Some crimes are so horrific that some people think that revenge or retribution is the only option." (PhilForHumanity.com) The first point that the death penalty deters crime is proven to be untrue in several studies. In fact, homicide rates increase in states with capital punishment. The point claimed by supporters of the death penalty that it saves lives is simply contradictory. A ...
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Supporters of capital punishment claim that the death penalty deters crime, it saves lives, it is cheaper to kill them than to keep them in prison, that it is more severe than serving time, and that "Some crimes are so horrific that some people think that revenge or retribution is the only option." (PhilForHumanity.com) The first point that the death penalty deters crime is proven to be untrue in several studies. In fact, homicide rates increase in states with capital punishment. The point claimed by supporters of the death penalty that it saves lives is simply contradictory. A death is still a life lost, even if it is administered by the state. Some supporters state that killing someone is more severe than keeping them in prison, still alive. How would someone know that dying is more severe than serving time for crimes committed? Would it not be more severe to imprison someone for their entire lives, keeping them from doing things they would otherwise like to do? Killing them would be the quick and easy way out. The reasoning that some crimes are so terrible that revenge is the only option is based on emotion, not logic, therefore this reasoning should not be deemed as a valid justification.
To begin with, the death penalty is, in the long run, more expensive than life imprisonment. When people claim that they do not want to pay to keep murders alive, they may not be looking at the fact that the death penalty costs more to enforce, due to several factors. The typical death penalty case must go through several levels of appeals, which must all be heard by the courts. Several attorneys are used, who are paid dramatically more than prison guards, in every retrial and appeal. Typically, one prison guard is responsible for several prisoners, whereas one prisoner on death row employs several attorneys and legal personnel for several years, while using the average person's tax dollars. Life sentences are rarely appealed and the average person's life in prison is about twenty four years if they are not murdered by other inmates. "The death penalty is much more expensive than its closest alternative -- life imprisonment with no parole. Capital trials are longer and more expensive at every step than other murder trials. Pre-trial motions, expert witness investigations, jury selection, and the necessity for two trials -- one on guilt and one on sentencing -- make capital cases extremely costly, even before the appeals process begins. Guilty pleas are almost unheard of when the punishment is death. In addition, many of these trials result in a life sentence rather than the death penalty, so the state pays the cost of life imprisonment on top of the expensive trial. The exorbitant costs of capital punishment are actually making America less safe because badly needed financial and legal resources are being diverted from effective crime fighting strategies. Before the Los Angeles riots, for example, California had little money for innovations like community policing, but was managing to spend an extra $90 million per year on capital punishment. Texas, with over 300 people on death row, is spending an estimated $2.3 million per case, but its murder rate remains one of the highest in the country." (Dieter)
The death penalty is a violation of the rights laid down by the Constitution. The 8th Amendment to the Constitution states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Capital punishment is, in fact, a cruel and unusual punishment, even if the person committed an atrocious deed. "Whether it's a firing squad, electric chair, gas chamber, lethal injection, or hanging, it's barbaric to allow state-sanctioned murder before a crowd of people." (Messerli)
Unfortunately, the death penalty creates sympathy for the defendant rather than for the victim. A prime example of this is the execution of the former gang leader, "Tookie" Williams in 2005. "This is a man who founded the notorious Crips gang, which has a long legacy of robbery, assault, and murder. This is a man who was convicted with overwhelming evidence of the murder of 4 people, some of whom he shot in the back and then laughed at the sounds they made as they died. This is a man who never even took responsiblity for the crimes or apologized to the victims -- NOT ONCE! These victims had kids and spouses, but instead of sympathy for them, sympathy shifted to Tookie. Candlelight vigils were held for him. Websites like savetookie.org sprung up. Protests and a media circus ensued trying to prevent the execution, which eventually did take place -- 26 years after the crime itself!" (Messerli) There are situations like this everywhere in the legal system. People, evil people, are looked at as the victims, rather than the innocents that suffered and died by their doing.
Perhaps the most important reason to rid ourselves of the death penalty is that the victim is gone and will never come back. Revenge, hate, and anger will never cure the emptiness created by a lost loved one. Forgiveness is the only way to begin the process of healing and it will not happen in a revenge-focused person.
In conclusion, the death penalty should be abolished because it costs more than a life time in prison, it violates constitutional rights, it creates sympathy for the murders, and it does not take away the pain of a lost loved one. The death penalty should be replaced by life in prison without the slightest option of parole. This would deter crime better if all a person had to look forward to was a dull life in prison. What is worse, killing another person to show people that killing people is wrong, or making them actually pay for what they did by serving a life sentence?
Bibliography:
Dieter, Richard C. "What Politicians Don't Say About." 3 Oct. 2008 <http://www.fnsa.org/v1n1/dieter1.html>.
Gottfried, Ted. Capital Punishment: The Death Penalty Debate. Springfield, NJ: Enslow, Inc., 1997.
Messerli, Joe. "Should the death penalty be banned as a form of punishment?" 8 Sept. 2008. 5 Oct. 2008 <http://www.balancedpolitics.org/death_penalty.htm>.
Stamper, Norm. "A Former Cop Speaks Out Against the Death Penalty." Death Penalty Focus. 17 Nov. 2007. 4 Oct. 2008 <http://www.deathpenalty.org/article.php?id=133>.
Turow, Scott. Ultimate Punishment - A Lawyer's Reflections on Dealing With the Death Penalty. New York, NY: Farrar, Stratus and Giroux, 2003.
Tweed, Jason. "Life or Death: My opinion of Capital Punishment." 2004. SunFyre.com. 3 Oct. 2008 <http://www.sunfyre.com/deathpenalty.html>.
