FREE ESSAY ON CAPITOL PUNISHMENT

CAPITOL PUNISHMENT

Capital Punishment 
Capital Punishment - An Overview "The question with which we must deal is
not whether a substantial proportion of American citizens would today, if
polled, opine that capital punishment is barbarously cruel, but whether they
would find it to be so in light of all information presently available."- Justice
Thurgood Marshall Imagine a man who commits murder once, is given a
fifteen-year jail sentence and is returned to the streets where he kills again.
He is imprisoned again only to be released. This could happen since almost
one in ten death row inmates has been convicted of murder at least once.
That means that some death row inmates have been given more than one
chance to rehabilitate in prison and continue to commit violent crimes. Should
the United States justice system continue to let violent criminals back on the
streets where they are likely to commit murder again? Capital punishment is
one of the oldest forms of punishment in the world. Most societies have
considered it a fair punishment for severe crimes. It is even mentioned as an
appropriate punishment in the Bible. American colonists used capital
punishment before the United States was a country, and most states use it
today. Currently, however, there is a great deal of controversy surrounding
the death penalty. Capital cases are long and expensive, and there is no proof
as to whether capital punishment deters crime. For these reasons total
abolition may be the best way to resolve the capital punishment controversy.
If the laws concerning capital punishment were modified, however, capital
punishment could become much cheaper, and possibly a lot more effective. -
Steve Brinker Capital Punishment: Give It A Chance Since the beginning of
man, people have been put to death. Capital punishment has been used all
over the world as a means of punishing people for their crimes. Here in
America, people are usually given a trial for their crime, judged upon by the
jury and judge, and then finally decided upon their final verdict. If the crime is
serious enough, the person is sent to spend time on death row in a
maximum-security prison. The judge then sets a date when the person is to
be executed. The person has an opportunity to appeal, which must be
granted by the governor in the state in which the person is imprisoned. If the
person is pardoned, then they will set another date for execution, or they will
spend the rest of their lives on death row. If the pardon is denied, then the
person will be sent to die on the scheduled day. Now I would like to give you
a few examples of famous, and not so famous cases of people who were
sentenced to be executed: ? Thomas More: was executed in the 1700s for
being a "traitor" to the Roman Catholic Church in England. According to the
laws of his time.... The accused man had no "rights" in the contemporary
sense. There was no presumption of innocence, and the prisoner was given
no opportunity to call witnesses in his defense... Thomas More was
convicted of being contempt, and not following the rules of the church. He
was sentenced to death by having his head cut off with an axe. After his
death, the flesh was boiled off of his head, it was then impaled upon a pole
raised above the London Bridge. ? Julius and Ethel Rosenberg: This is
probably one of the most famous cases of espionage in American History.
Julius and Ethel Rosenberg were convicted for transmitting Atomic Military
Secrets to the U.S.S.R., and were labeled Communist Spies. This case was
ended with a double death sentence, they were both sent to die in the electric
chair at Sing Sing Prison. ? George Stinney Jr.: was the youngest person to be
legally executed in the United States in the 20th Century. In 1944, George
Stinney Jr., a 14 year old black male, was convicted of stabbing two young
white females with railroad spikes in the head. Despite his age, he was
convicted in less than 90 days after the murders. He was electrocuted in
Central Correctional institution in Columbia, S.C. ? Andrew Lavern Smith:
On December 18, 1998, a man by the name of Andrew Smith became the
500th execution in the United States since capital punishment became
reinstated in 1976. He was lethally injected in Columbia, S.C. He had been
convicted for murdering an elderly couple after they refused to let him borrow
their car. ? Joshua Phillips: On the local standpoint, Joshua Phillips was
convicted for the murder of Maddie Clifton here in Jacksonville. Yet,
because of his age, 14 at the time of the murder, he was sentenced to life at
Wakulla Correctional Institution, instead of death, which is usually given for
pre-meditated murder in the 1st degree. Why was he sentenced to die like
George Stinney Jr.? That question is in the open. These are only a few
examples of the thousands of people who have been executed over time of
man. It would be nearly impossible to sit and write all the cases. I personally
believe that capital punishment is a necessity in our society. Without it, our
prisons would be way overcrowded, and who knows? These people could
once again possibly escape back into the public, then we would have to live
our lives in fear. A Brief History of Execution By Nicholas McCorkle The
practice of execution is as old as civilization itself. From ancient Sumeria to
modern executions by lethal injection, capital punishment has been practiced
by almost every society in the world. Each culture has it's own rites and
rituals, but the feeling of a justified retribution is held by almost every ethnic
and civil group in the world. Yet the debate over its efficacy and morality
continues unabated to this day. The history of capital punishment begins with
the translations of Hammurabi's Code, the oldest legal document ever
discovered. While the precise date of Hammurabi's Code of Laws is
disputed by scholars, it is generally believed to have been written between the
second year of his reign, circa 1727 BCE, and the end of his reign, circa
1780 BCE, predating the Hebrew Ten Commandments by about 500
years. Perhaps the single most striking feature of Hammurabi's Code is its
commitment to protection of the weak from being brutalized by the strong.
He believed that he had been ordained by his gods Anu (God of the Sky)
and Bel (The Lord of Heaven and Earth, the God of Destiny) to establish the
rule of law and justice over his people. It is believed by many historians, that
the practice of execution even predates the code. The laws were merely
administered by an assembly of elders and the acts of execution were usually
performed by the victim's family in cases of murder, rape, and other
atrocities. The concept of an "eye for an eye " or post mortem retribution
was used as justification. Basically, execution began as an act of revenge.
From there, the death penalty continued to evolve. We find references to
execution in the works of Charles Dickens, Voltaire, and Nathaniel
Hawthorne. The severity of the laws changed over the course of history,
providing for other alternatives, but the need for retribution remained. With
the expansion of the British Empire to the New World execution in the
respect that we think of it today was introduced to North America. The first
recorded incident of a man being put to death in the territory now known as
the United States of America was of Daniel Frank, put to death in 1622 in
the Colony of Virginia for the crime of theft. Since then the death penalty has
almost always been a feature of the criminal justice system, first in the
American colonies and then, after independence, in the U.S. It was upheld
throughout the birth of the burgeoning nation and continued into the expansion
west. During the Civil War, most death sentences were provided for
deserters and traitors. As the United States continued to grow, many western
territories, with the lack of dedicated police forces, looked to vigilante groups
to provide justice to criminals. This usually resulted in the accused being hung,
without trial or jury. The United States did not begin to keep regular statistics
on the death penalty until 1930. From 1930, the first year for which statistics
are readily available from the Bureau of Justice Statistics, to 1967, 3,859
persons were executed under civil (that is, nonmilitary) jurisdiction in the
United States. The vast majority of those executed were men; 32 women
were executed from 1930 to 1967. Three out of five executions during that
period took place in the southern U.S. The state of Georgia had the highest
number of executions during the period, totaling 366 -- more than nine
percent of the national total. Texas followed with 297 executions; New York
with 329; California with 292; and North Caroline with 263. Most executions
-- 3,334 of 3,859 -- were for the crime of murder; 455 prisoners (12%) --
ninety percent of them black -- were executed for rape; 70 prisoners were
executed for other offenses. By the end of the 1960s, all but 10 states had
laws authorizing capital punishment, but strong pressure by forces opposed to
the death penalty resulted in an unofficial moratorium on executions for
several years, with the last execution during this period taking place in 1967.
Prior to this, an average of 130 executions per year occurred. Legal
challenges to the death penalty culminated in a 5-4 U.S. Supreme Court
decision Furman v. Georgia, 408 U.S. 153 (1972), which struck down
federal and state capital punishment laws permitting wide discretion in the
application of the death penalty. The majority ruled that they constituted cruel
and unusual punishment in violation of the Eighth Amendment to the U.S.
Constitution and the due process guarantees of the Fourteenth Amendment.
Only two of the justices concurring in the decision declared capital
punishment to be unconstitutional in all instances, however; other
concurrences focused on the abitrariness of the application of capital
punishment, including the appearance of racial bias against black defendants.
In all, nine separate opinions -- five invalidating existing laws and four arguing
for their retention -- were written by the nine Supreme Court justices spelling
out their different views on what constituted the cruel and unusual
punishment prohibited by the Eighth Amendment. More than 600 death row
inmates who had been sentenced to death between 1967 and 1972 had their
death sentences lifted as a result of Furman, but the numbers quickly began to
build up again as states enacted revised legislation tailored to satisfy the
Supreme Court's objections to arbitrary imposition of death sentences. The
first execution under the new death penalty laws took place on January 17,
1977, when convicted murdered Gary Gilmore was executed by firing squad
in Utah. Gilmore's was the first execution in the United States since 1967.
Since the 1976 Gregg decision upholding the constitutionality of Georgia's
death penalty law, numerous states have reinstated capital punishment in their
statutes. The most recent state to enact a death penalty law was New York
in 1995. As of January 1998, 38 states and the federal government have
capital punishment laws in effect. Alaska, eleven other states Hawaii, Iowa,
Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island,
Vermont, West Virginia, and Wisconsin -- and the District of Columbia do
not have a death penalty. Racial Disparities in Capital Sentencing By
Monique Small One argument that opponents of capital punishment make is
that it is meted out unfairly. They argue two main points: 1) that minorities,
especially blacks, are substantially over-represented on death row and 2) the
murders of minorities are not considered capital cases with even comparable
frequency to the murders of whites. In this section I will address each of these
points beginning with the first. When it comes to the question of
representation on death row, it is obvious to almost anyone that blacks are
severely over-represented. African-Americans total approximately 12
percent of the population of America, while they make up approximately 39
percent of those executed over the last 20 years and 42 percent of those
awaiting execution on death row. This over-representation has long been the
case and has been addressed by virtually every legislative body in America as
well as by the Supreme Court. In the landmark case Furman Vs. Georgia in
1972 the Supreme Court overturned existing death penalty statutes on the
grounds that those selected to die were chose primarily on the basis of race.
In this case the Supreme Court issued a temporary moratorium on capital
sentencing. The moratorium ended in 1976 when the Court cleared the way
for states to resume executions provided that the state statutes applied
racially neutral standards for death sentences. This however, has not been the
case, as we shall see with the examination of the second question. The
second question is whether or not the lives of blacks and whites are looked
upon equally when deciding if a murderer will get the death penalty. Again the
answer to the question is straightforward, no. Out of the total number of
cases in which a prisoner has been executed in the past 20 years, in only 12
percent of the cases was the victim black, while in 80 percent of the cases the
victim was white. This becomes more shocking when we realize that whites
are victims in less than half of the murders committed in America annually. I
offer the state of Georgia as an example, in this state alone over 60 percent of
murder victims since 1972 have been black, however of the 22 total
executed in that state during this period of time 20 were charged with the
murders of whites, only two were executed for killing a black person. So
while cases in which the murder victim is black account for more than 60
percent of total murders, only 9 percent of the people executed in Georgia
had a black victim, while in the other 91 percent of cases the victim was
white. The conclusion to be drawn from this is obvious, that a defendant is
more likely to be charged with the death penalty if the victim is white. While it
is true that states like Georgia and Mississippi are notorious for racism (in
Mississippi a defendant is 5.5 times more likely to receive a death sentence if
the victim is white), these types of disparities are the case all over America,
not only in the south. For example, in Illinois the odds of a death sentence are
4 times higher if the victim is white, and in Philadelphia the odds are 3.9 times
higher. These types of glaring disparities fuel many debates over whether or
not capital punishment should even be administered in America. Many people
who oppose the death penalty do so because the method of sentencing is
obviously racially motivated. These types of problems are not, however,
indicative of a problem with America's system of capital punishment
anywhere near as much as they are indicative of the attitude of America as a
country. There are a number of issues that I will not be addressing in detail
(like the number of innocent African-Americans freed from death row; or the
percentage of executed rapists who were black and charged with raping a
white woman) but they all lead to one conclusion, that in America the lives of
whites are more valuable than the lives of blacks. The problem is not that the
idea of capital punishment is, in this respect, fatally flawed; instead the
problem is the attitude of the people administering justice. Methods of
Execution By Lisa Lorenzo In thirty-eight states of the United States it is legal
to impose the death penalty. There are currently five different legal methods
of executing a prisoner. They are lethal injection, electrocution, gas chamber,
hanging, and firing squad(Peacenet). Lethal injection is legal in twenty-seven
states. This method is a series of shots administered to the prisoner to relax,
knockout, and then kill them. First, though, the prisoner is given an
antihistamine to help against the coughing which the following drugs can bring
on. The next shot used is sodium thiopentone which is a very rapid acting
anaesthetic. Then, pancuronium bromide is given to relax the respiratory
muscles to make the prisoner unconscious. Finally, potassium chloride is
administered to stop the heart. It is not this simple though, each drug has to
be given with the correct dosage and at specific timed intervals(Abbott, 297).
Due to the preciseness needed throughout this method, a man named Fred
Leuchter developed an automatic machine to correctly administer the various
drug at the appropriate times(Abbott, 298). Many states currently view this
machine as the most humane way to kill a prisoner. The next most commonly
found method of execution is by electrocution. It is currently legal in twelve
states. In this process the prisoner is strapped to a wooden chair with large
leather straps and three electrodes are placed on the body, one to the head
and one to each ankle. The electrode placed on the prisoners head is "a
leather helmet lined with copper screening and moistened sponge
material"(Abbott, 113). This helmet allows for some important wiring to also
be connected. It is also necessary to administer the correct amount of voltage
to minimize the amount of pain, too little and the prisoner suffers more, but
too much and flesh would be grilled and the brain fried. It has been
determined that at least two thousand volts AC are needed(Abbott, 113).
The gas chamber is currently only legal in five states. After several tests on
animals the founders concluded that the following set-up was best for
administering the deadly gas. In an octagonal steel cubicle there are two
chairs bolted to the floor. Beneath each chair is a bowl and above it is a
cheesecloth bag containing one pound of sodium cyanide crystals or pellets.
In another room a mixture of sulfuric acid and distilled water is made. After
the prisoner is strapped to the chair and the door locked, the bag of sodium
cyanide is lowered into the sulfuric acid mixture. This combination makes
hydrocyanic gas killing the prisoner(Abbott,161-164). Surprisingly enough
hanging and firing squad each are still legal in two states. Hanging has been
performed in several of different ways, too numerous to go into detail of all of
them. Basically, the prisoner has a rope placed around the neck and is then
has the feet pushed, pulled, or dropped from beneath them. The rope needs
to be a specific length for the individual prisoner though; too short and the
vertebrae would not break and they would die slowly of suffocation, but too
long and the head could literally tear off(Abbott 234-279). Death by firing
squad, like hanging, has been used throughout the ages since the gun was first
invented. The number of people firing, the guns used, and where the bullet is
aimed varies greatly. Some contend that a shot to the head is more effective
than a shot to the chest. The distance between the executioner and the
prisoner along with shooting from the front or the back is debatable
(Abbott,130-155). This like any other method of execution is debatable and
has had its fair share of mishaps. The Morality Debate By Tim Holter For
obvious reasons, the question of state-sponsored executions has raised
passions on both sides of the issue. Whether or not the state has a right to kill
its own citizens, and if so, under what circumstances, is a moral question of
the highest order. Both proponents and opponents of capital punishment have
looked to the Bible to support their views. The Christian church, itself, is far
from united on this issue. Some point to the Old Testament, wherein one finds
the Sixth Commandment, "Thou shalt not kill." On the surface, this seems a
straightforward proscription of the death penalty. Many dispute this,
however, as the word most commonly translated as "kill" is in reality more
accurately translated as "murder". Their view is that to punish a murderer by
taking his life does not constitute "murder", and therefore there is not in
conflict with the Sixth Commandment. Another view states that capital
punishment is contrary to the Bible's teaching of love for one's neighbor as
we love ourselves. Just as popular is the argument that vengeance is not the
domain of those of us here on Earth, but is reserved only for God. The New
Testament book of Romans 12:17-19 states, "Recompense to no man evil
for evil... Dearly beloved, avenge not yourselves... Vengeance is mine; I will
repay." This argument neatly dovetails with the somewhat oversimplified view
that "two wrongs don't make a right." However, Romans 12:17-19 is
followed closely by Romans 13:1-4, which reads, There is no power but of
God: the powers that be are ordained of God... If thou do that which is evil,
be afraid; for he beareth not the sword in vain: for he is the minister of God, a
revenger to execute wrath upon him that doeth evil. This passage clearly
establishes the state as an instrument of God, authorized by Him to carry out
His will. Arguably, it also establishes the right of the state to administer capital
punishment to those that "doeth evil". Perhaps the most popular Biblical
passage used in opposition to the death penalty is found in John 8:1-11. This
is the well-known parable of the condemned adulteress about to be stoned to
death, until Jesus says, "He that is without sin among you, let him first cast a
stone at her." In the absence of clear Biblical direction on this matter, various
other moral arguments have been made both for and against capital
punishment. As discussed above, the racial dimension alone has led many to
repudiate the practice. Another commonly used argument is centered on the
possibility of executing the innocent. If a single innocent citizen is deliberately
killed by his own government, the argument goes, then that government is
guilty of pre-meditated murder, and does not have the moral authority to
administer capital punishment. As it happens, since 1900, at least 23 people
have been executed in America who were later found to have been innocent
of the crimes for which they were put to death. In addition, 350 more have
been found not guilty while on Death Row. Still another point raised by those
opposed to capital punishment is that the death penalty contributes to a
"culture of violence". They believe that state-sponsored execution only serves
to further lower the value society places on human life, making additional
crimes and murders only more likely to occur, not less. Perhaps the strongest
arguments in favor of capital punishment, as well as those most popular
among the general citizenry, are those centered around the principle of
retribution. Some crimes are so heinous, it is believed, that only through the
extreme punishment of execution can justice be served. This case of
execution-as-retribution can be classified as lex talionis, a term from the
Greek meaning "punishment in kind". The alternative form of retributive
punishment is known as lex salica, or "punishment through payment or
atonement". This belief in retribution for the most heinous of crimes is shared
by a majority of Americans, including this author, but by no means all.
Conclusion Capital punishment has been an instrument of government
authority since it was first written into Hammurabi's Code nearly four
thousand years ago, if not before. In today's modern, more "enlightened"
times, many find the practice barbaric, and object on principle. Others
believe the practice is sometimes justified, but object on grounds of iniquities
in its application. Still others believe capital punishment lacks "teeth", and
would be a more effective deterrent to crime if used less sparingly, and with
less of the Byzantine judicial process currently required. Recent reforms here
in Florida reflect the latter view. In an effort to reduce the time actually spent
on Death Row by the condemned, the State of Florida is altering its law to
require that all appeals be complete within five years of sentencing in the
absence of new evidence, and must be submitted simultaneously, not
sequentially. At the same time, other states, such as Illinois, have imposed a
moratorium on executions. It is an issue few are in total agreement about.
Most Americans, however, agree that in the most heinous, horrific cases, the
condemned has earned his fate.