Abolishing Capital Punishment

Transcription

1 Center for American Awesomeness Abolishing Capital Punishment Jenna Fischer 6 April, 2013 Carlos DeLuna was executed back in Despite the crime taking place more than two decades ago, it is prevalent now to the controversy over capital punishment. DeLuna was convicted of murdering a gas station cashier, but according to The Huffington Post a Columbia law professor and a team of students he was innocent. Conflicting eyewitness accounts, lack of blood spatter on DeLuna s clothes, ignored tips and careless police work seem to be the faults of the investigation leading to the death of an innocent man. Hernandez, a friend of DeLuna s, is believed to be the real killer and was a lead not looked into, despite multiple people coming forward after hearing Hernandez s confession. i It is commonly believed by many publications that Carlos DeLuna was guiltless. Humans err, it is unavoidable. When lives are at stake, and there is a possibility of executing innocent people like DeLuna, this form of punishment needs to be revisited. Under the case Furman v Georgia in 1972, the Supreme Court found capital punishment to be cruel and unusual punishment violating the Eighth and Fourteenth Amendments and was henceforth considered unconstitutional. Many of the cases where offenders had been condemned to death had their sentences reversed, but the ruling did not last long. Only four years later in 1976, Gregg v Georgia overturned the decision and made capital punishment constitutional again. Although the process for execution was altered into a two-step process where first the person is found guilty or innocent and then the type of punishment is decided, the death penalty still is not a form of punishment the United State should employ. Capital punishment should be abolished because it does not provide equal protection for citizens, it denies due process of law, it is costly and is not deterrent of crime. THE FAULTS OF CAPITAL PUNSHMENT UNEQUAL PROTECTION Capital punishment, for many reasons, is wrong and is an outdated practice that should be eliminated. To begin with, despite the United States being labeled a free country it does not offer equal protection under the eyes of the law. Racial patterns that affect the outcome of the 1 Center for American Awesomeness Abolishing Capital Punishment

2 trial exist for both the offender and the victim in cases. If a white person is the victim and a minority the accused, then it is more likely that the death penalty will be sought and that he or she will be convicted. Also, there is a high number of minorities, such as African Americans, executed or charged with the death penalty even though they only make up thirteen percent of the total United States population. According to the United States General Accounting Office, Death Penalty Sentencing, "In 82% of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e., those who murdered whites were found more likely to be sentenced to death than those who murdered blacks" (qt. in National Statistics on the Death Penalty and Race ). ii Race of Defendants Executed in the U.S. Since 1976 BLACK % LATINO 102 7% WHITE % OTHER 24 2% Race of Victims Since 1976 BLACK % LATINO 128 6% WHITE % OTHER 49 3% There is an unequal percentage or number of African Americans being executed in the United States since 1976, especially when taking into account the number or percentage of white people as victims in these cases. Given the composition of the United States population with a great majority of white people and small percentage of black Americans and other races, these statistics are staggering. It is more than just whether these minorities commit an act supposedly horrific enough to seek the death penalty, but also that the race of the victim is a major factor in iii 2 Center for American Awesomeness Abolishing Capital Punishment

3 these sentences and outcomes that is disconcerting. Many studies also examine the effects of race. The following statistics come from the book Capital Punishment by Joseph Melusky and Magistrate Judge Keith Pesto from the department of political science at Saint Francis University discuss racial patterns. 35% of people sentenced to death since 1976 were Black, 7% Hispanic, 56% were white and 2% were classified as other. A study in North Carolina found that if the victim in a case was white, the likelihood of that defendant being sentenced for execution rose by 3.5 times. A California study concluded that defendants are 3 times more likely to be sentenced to death if they killed a white person rather than a black person. The same study found that defendants are 4 times more likely to be sentenced to death if they killed a Latino. The US Bureau of Justice Statistics found that in 2010, 55% of people sentenced were white and 42% black, but blacks as of 2011 made up 13.1% of the US population. iv If more than just the facts of the case are being taken into consideration, and since racial discrimination, whether done purposely and knowingly or not, have an impact on this serious punishment, then for this single reason alone the practice must be terminated. Representation is another reason that makes capital punishment a practice that is not equal under the eyes of the law. The legal team that defends a person is crucial. The amount of money necessary to pay for a lawyer for a capital case can determine the quality, so which economic class a person in matters. Since legal representation is a guaranteed right to United States citizens, the accused will always have a lawyer, but how good the lawyer is varies. When someone gets appointed a lawyer because he or she cannot afford one, the quality often declines. According to Death Penalty Representation, appointed lawyers are often not paid enough for the amount of work that must be put into the trials, they are inexperienced for cases involving the death penalty, and may be uncaring or unprepared for what they must do to adequately represent their client. Some have even shown up influenced by alcohol or have fallen asleep during the trial. v When the life or deaths of people are at stake, what kind of fair system is it if the accused do not even have competent lawyers on their side? DENIES DUE PROCESS OF LAW Another major fault of capital punishment is how it denies due process of law because it cannot be undone and because innocent people could be executed. It is obvious that execution is the final fate of a person, but what if that man or woman was actually innocent? The American Civil Liberties Union in The Case Against the Death Penalty states that since 1973 more than 140 people from 26 different states have been let out of death row due to their innocence. vi Also, across the United States for every ten people executed at minimum one is exonerated. The Innocence Project outlines facts regarding the exonerations of innocent people. 236 exonerations have taken place since 2000 due to DNA evidence. The sum of years spent wrongfully in jail is 4,041 with an average per person length of time of 13.6 years. 3 Center for American Awesomeness Abolishing Capital Punishment

4 It is not uncommon to find cases where innocent people have actually been executed. Common reasons for incorrect conviction include witnesses misidentifying people, improper handling of scientific evidence and false admissions of guilt. Misidentifying people also relates back to issues of race since it is proven to be more difficult to identify others of a different race than one s own. vii With cases besides capital ones, innocence can be later proven or people can be freed from jail if they are found innocent, but this is not the case with capital punishment cases. People can be exonerated from death row, but the punishment of death once dealt cannot be undone and is irrevocable. COMMON MISCONCEPTIONS COST While it seems more logical that it would be more expensive to keep more people in jail rather than execute them because of food, clothing and hosting costs, it actually is not. It s a common misunderstanding that the taxpayers suffer the costs of life without parole punishments for offenders. Individual states have conducted studies to compare the costs of life without parole against seeking the death penalty. Costs of the Death Penalty from the Death Penalty Information Center lays out the facts. Using California as an example, the savings would be great if the existing execution sentences were changed to life without parole. Since 1978, the death penalty has cost California more than $4 billion Pre-Trial and Trial Costs, Automatic Appeals and Habeas Corpus Petitions, Federal Habeas Corpus Appeals and Costs of Incarceration (which are separate from regular inmates) are some of the extra costs associated with capital punishment $170 million dollars would be saved per year $5 billion would be saved in the future 20 years Seeking life without parole and maximum security instead of capital punishment would cost only $11.5 million per year viii The results are much the same for other states, where capital punishment costs significantly more than lifetime confinement. DETERRENCE One of the main arguments for the death penalty is that it is a deterrent against crime. People are supposed to fear the ultimate punishment so much so that it ll make them decide not to commit the crime, such as murder, after all. Despite the sense behind this most states without this sentence actually have lower crime and murder rates than those with the punishment. Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rates from the Death Penalty Information Center studied the deterrence effect and gathered information contrary to the supposed effect. As clear in the bar graph, death penalty states have higher murder rates on average. 4 Center for American Awesomeness Abolishing Capital Punishment

5 Murder Rates in Death Penalty States and Non-Death Penalty States Since this graph does not identify specific states one could argue that certain states with much higher murder rates act as outliers, but another graph gives an even more detailed look. When looking at neighboring states it gives a more accurate look that keeps geographic location in mind. The difference between the two types of states is significant enough for one to conclude that one of the main reasons for capital punishment to even exist is not in fact true. ix x THE FEASIBLE OPTION With life without parole sentences being considerably less expensive than capital punishment, the best option is a lifetime sentence. It can be suggested that the death sentence would aid the overcrowding problem, too, but most wait for death for about thirteen years while others may wait for up to thirty years. According to the U.S. Department of Justice, out of the fifty states only thirteen of them executed a total of 43 inmates in xi With the long process and waiting time of inmates, not enough get executed per year for capital punishment to actually help with the issue of overcrowding. With deterrence not even contributing to lower crime rates also and 5 Center for American Awesomeness Abolishing Capital Punishment

6 with all of the negative aspects of the practice, the better and more feasible option is life without parole. CONCLUSION In a list of the countries with the highest number of executions the United States is ranked number four behind Iraq, Iran and China. The United States boasts a reputation of upholding freedom, justice and equality, unlike the countries it is ranked with for executions, but lags in the abolishment of a barbaric and unjust practice. From wrongful executions and convictions to racial discrimination, unequal representation to outlandish costs, where are the benefits that make capital punishment in any way worth it? The benefits are non-existent and the drawbacks plentiful. No complicated policies need to be passed or legislation created in order to move forward with a plan of action; all that is needed is the abolishment of this one practice. 6 Center for American Awesomeness Abolishing Capital Punishment

7 ENDNOTES i McLaughlin, Michael, "Carlos DeLuna Execution: Texas Put To Death An Innocent Man, Columbia University Team Says." The Huffington Post. TheHuffingtonPost.com, 15 May 2012, Web, 09 Apr. 2013, < _n_ html>. ii Death Penalty Information Center. Rep. N.p., n.d. Web, 09 Apr. 2013, < iii Ibid. iv Melusky, Joseph A., and Keith A. Pesto, N.p.: n.p., n.d. Google Books, Web, 09 Apr < v "Death Penalty Representation." Death Penalty Information Center, N.p., n.d. Web. 09 Apr. 2013, < vi Bedeau, Hugo, "American Civil Liberties Union." American Civil Liberties Union, N.p., 2012, Web. 09 Apr. 2013, < vii Facts on Post-Conviction DNA Exonerations. Rep. N.p., n.d. Web. 09 Apr. 2013, < viii "Costs of the Death Penalty." Death Penalty Information Center, N.p., n.d, Web. 09 Apr. 2013, < ix "Deterrence: States Without the Death Penalty Have Had Consistently Lower Murder Rates." Death Penalty Information Center, N.p., n.d. Web, 09 Apr. 2013, < x Ibid. xi United States of America, Justice Programs,. Bureau of Justice Statistics (BJS). By Tracy L. Snell. N.p., 20 Dec. 2011, Web. 09 Apr. 2013, < 7 Center for American Awesomeness Abolishing Capital Punishment