Aiello 1 Brandy Aiello Mrs. Jackie Burr English 1010 19 December 2013 Capital Punishment: Political and Moral Issue The death penalty has been around for a few centuries, dating back to the first recorded execution occurring in 1608. Because America was still a main part of Great Britain many of its rulings followed. It wasn t until the late 1800 s that more people were being sentenced to a life in solitary confinement rather than execution. In 1972 it was declared that capital punishment was, in fact, a form of cruel and unusual punishment, as discussed in the eighth amendment. However, in 1976 it was put in place once again because of the news laws the states put in place to satisfy the Supreme Court. ( Part I: History of the Death Penalty). Since being reinstated, the number of executions that have taken place has been cut down by nearly half (see fig. 2), showing a decrease in the need for capital punishment. Fig. 1. Amount of people executed between 1930-2010. Snell, Tracy L. 1. Bureau of Justice Statistics.
Aiello 2 Death Penalty: Overview The Lackey claim, for years, has been a way to try and expose the faults in the governmental system and to gain freedom for those being punished. The court has continued to deny all Lackey claims since then, beginning to raise several questions in the efficiency of the system. Clarence Lackey petitioned that the government no longer had the right to execute him because of his extensive stay on death row for seventeen years. Lackey believed it was unacceptable to the Framer and it was considered almost cruel furthering delays in his execution, this later became known as the Lackey claim (qtd. in Sharkey 871). There are currently five ways to perform an execution, lethal injection, electrocution, gas chamber, hanging, and firing squad. The lethal injection has been publically decided that it is the most humane form of execution, but hangings are the oldest form. Capital punishment has been questioned of its political importance and in determining its effects on moral issues, both positive and negative. Political Significance One of the leading causes, influencing a state's decision on legalizing capital punishment is the high costs. Each of the 36 states that currently have capital punishment put in place, spend millions every year to create a case, investigate, and provide the money for necessary needs of every prisoner. Sun explains the expected time to carry out any death sentence has risen from six years in 1984 to 16.5 years (1587). Increasing the average amount that state will spend annually. For example, New Hampshire spends approximately $33,100 annually for each inmate, as stated by the Department of Corrections. One particular case costed $2,356,253.01 (Reams and Putnam 22). These expenses go towards many things such as a lawyer, insurance, state or
Aiello 3 federal investigations, incarceration, and the execution costs itself. The high costs have attracted more negative attention, which is to be expected. Williams used the example that [n]ew Jersey abolished its death penalty in 2007 in large part because the state had spent $254 million over 21 years administering it without executing a single person (55). Capital punishment is not implemented enough to be proved beneficial to the government's system. California s cost for the death penalty is up to $137.7 million annually (Petersen and Lynch 1241). That leaves the question open to many tax payers as to whether or not there are better uses for their money, but this money could lead to finding and creating better ways of preventing or decreasing higher crime rates. What good is a system that continuously needs justification? In order to execute a human life the system must be flawless, although no system truly is. In California, Petersen and Lynch proved [a] total of 531 cases. are missing allegation information and eleven defendants had no recorded gender, twenty-four were prosecuted capitally (1258). Without this information it is hard to believe that the government would be able to take any form of action. That is why it can take up to several years to review a single case. Laws have become very specific for those not resulting in a victim s death as to whether or not capital punishment will be appropriate. There is no room for mistakes making it possible for the process of physically carrying out an execution take weeks or even months of planning. Run-throughs ensure that everything will go accordingly. Statistician Tracy L. Snell from the Bureau of Justice Statistics summarizes that [a]s of December 31, 2010, all 36 states with death penalty statues authorized lethal injection as a method of execution, which has now become the most common way of execution (2). The inmate is strapped into a hospital bed preventing aggressive outbursts or excessive movement in a solitary chamber (see fig. 2). The government does not interfere with the death penalty do to its
Aiello 4 inability to control a state s decision on enforcing capital punishment. Governor John W. Hickenlooper believes that it is the choice of the people to decide whether or not it is too much and they are not equipped with the necessary provisions (State of Colorado). It is so rarely used that laws must be set in order to discuss the severity of the crime and punishment. Fig. 2. Lethal injection chamber equipped with gurney and leather straps. State by State Lethal Injection. Cunningham et al. reveals Texas has long been in the leader board perform[ing] 38% of the executions in the United States in the past three decades (2). Some argued that capital punishment was being used based on racial views. Based on the number of those who have been placed on death row and based on their racial standings, the differences have been extremely minimal showing an invalid argument (Snell 8 & 9). Moral Respect Those awaiting capital punishment are detained in Death Row. People have argued that such solitary confinement and little human contact is considered physiological torture (Sun 1602). People need social interaction to stimulate brain activity both mentally and physically,
Aiello 5 without it they are likely to decline. There are different reasons for keeping an inmate on Death Row is to be readily prepared for execution, to prevent violence from happening between inmates, and to avoid any chance of parole. Inmates released back into state prisons were estimated that 50% would commit an additional assault charge; only 5% actually did, showing they are able to interact with others and it does not depend on the severity of the crime they committed (Cunningham et al. 2 & 4). It is difficult to accurately put a number on estimating the behaviors of another person. Many religions go against the killing of any human being and some religions may go as far as comparing it to abortion. Some consider it an act of hatred or revenge, which brings up the question, who is to say we are better now than any of them? Every person has the constitutional right to a fair trial, but death is never an acceptable consequence and life is considered sacred to most. Public opinion can easily persuade the states decisions in making changes to the laws of capital punishment because their biggest supporters must be the population. However, those families that have experienced the tragedy of losing a loved one, do not necessarily gain closure from the offender being sentenced to death. Jim O Brien, the father of a murder victim, testified: We woke up every day wondering what might happen that day. Will there be another appeal? Another motion? What new decision might come down? The toll it took on me and my family was horrendous Eight years of trials and retrials changed my mind about the death penalty. I learned the hard way that the death penalty is an albatross over the heads of victims' families. (Quotes by families of Homicide Victims).
Aiello 6 The courts have made it their purpose to create and maintain a successful justice system that those who are affected the most by it, are often looked over and their opinions are not as respected. Conclusion Political and personal views of capital punishment have immensely evolved throughout the years. In some ways it has become a major part of the economy and gave closure to those families of victims but also goes against religious beliefs, moral values, and is still being researched on whether it is deemed constitutional or not. We are living in a world where everything needs to be justified but we must not forget the moral values of we the people. State and federal taxes to implement capital punishment could be put to better use unless there is a dire need.
Aiello 7 Works Cited Cunningham, Mark D., et al. "Life And Death In The Lone Star State: Three Decades Of Violence Predictions By Capital Juries."Behavioral Sciences & The Law 29.1 (2011): 1-22. Academic Search Premier. Web. 10 Dec. 2013. Part I: History of the Death Penalty." Death Penalty Information Center. N.p., n.d. Web. 15 Dec. 2013. Petersen, Nicholas, and Mona Lynch. "Prosecutorial Discretion, Hidden Costs, And The Death Penalty: The Case Of Los Angeles County." Journal Of Criminal Law & Criminology 102.4 (2012): 1233-1274. Academic Search Premier. Web. 10 Dec. 2013. "Quotes by Families of Homicide Victims." Equal Justice USA. N.p., n.d. Web. 17 Dec. 2013. Reams, James M., and Charles T. Putnam. "The Costs Of Capital Punishment Litigation." New Hampshire Bar Journal 52.2 (2011): 21-23. Academic Search Premier. Web. 10 Dec. 2013. Sharkey, Kara. "Delay In Considering The Constitutionality Of Inordinate Delay: The Death Row Phenomenon And The Eighth Amendment." University Of Pennsylvania Law Review 161.3 (2013): 861-896. Academic Search Premier. Web. 10 Dec. 2013. Snell, Tracy L. "Capital Punishments, 2010 Statistics Table." Bureau of Justice Statistics. U.S. Department of Justice, Dec. 2011. Web. 6 Dec. 2013. State by State Lethal Injection. N.d. Photograph. Death Penalty Information Center. Web. 12 Dec. 2013. State of Colorado. Department of Corrections. Executive Order: Death Sentence Reprieve. By John W. Hickenlooper. N.p.: Office of the Governor, 2013. Print. D 2013-006. Sun, Angela April. "Killing Time" In The Valley Of The Shadow Of Death: Why Systematic
Aiello 8 Preexecution Delays On Death Row Are Cruel And Unusual." Columbia Law Review 113.6 (2013): 1585-1636. Academic Search Premier. Web. 10 Dec. 2013. Williams, Richard. "The Cost Of Punishment." State Legislatures 37.7 (2011): 55-56. Academic Search Premier. Web. 10 Dec. 2013.