Is the Death Penalty, Adequate or Out of Hand

Is the Death Penalty, Adequate or Out of Hand?

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Is Death penalty a flawed cruel system or an appropriate system of punishment? Is the idea of life or death sentence practical enough? Is our systems fool proof to protect the innocent? Nobody can surely answer these questions. We still deal with racial discrimination in our judicial system. The system discriminates innocents and convicts them too. It imparts racial discrimination and thus death sentence has become such a costly affair that it is time to put an end to it.

Notionally, it is believed that white males are responsible for the most number of kills or murders in comparison to the minorities. Yet statistically, in a study of about 49 murders in Delaware, Twenty-six, or 53%, were black, nineteen, or 39% were white and four, or 8%, were Hispanic or Native American. Now, among the total population of Delaware, 69% is white, 21% is black and rest 8% is Hispanic. It is now increasingly clear that the disparity among black and white is constantly increasing; as can be seen from previous eight death sentences, which were imposed on African American defendants only (Johnson et al., 2012). This study covers only one small state. Further to this, consider a case where the victim is white. The discrepancy in black and white becomes strong evident as black defendants who kill white victims are seven times more likely to receive the death penalty as are black defendants who kill black victims. Numerically, the claim establishes 186.7 per thousand as compared to 26.1 per thousand death-sentencing rates (Johnson et al., 2012).

To highlight some of the interesting facts, we consider results of same study as “black defendants who kill white victims are more than three times as likely to be sentenced to death as are white defendants who kill white victims (186.7 per thousand as compared to 48.8 per thousand)” (Johnson et al., 2012). The other thing of the study which really musters the question is that the percentages of the death penalty sentenced to a white defendant are too close. In case the victim is black, the figure is 48.9% and if the victim is white then it is 48.8% (Johnson et al., 2012). Therefore, can anyone be sure that whether all areas of United States are racially biased or not, when the case is pertaining to death penalty?

Comparing historically with the same study, from 1976 to 2007, Kent County records shows that it provides maximum punishment for the homicide than any other state. Accordingly, Kent County accounted for 16 % of the state’s murders but 29 % of the state’s death sentences. This is contrastingly in negative correlation to other Counties. For example, the New Castle County recorded 67% of the state’s murders and 59% of the state’s death sentences. Sussex County with 18% of the state’s murders only 12% of the death sentences were converted in Sussex County (Johnson et al., 2012).

This table shows the percentage rates of death penalty sentences in eight states.

Rate of Death Sentences per 1000 Homicides, by Race of Defendant and Victim

State

Black defendant/black victim

Black defendant/white victim

White defendant/white victim

White defendant/black victim

Delaware 26.1 186.7 48.9 48.8

Georgia4.5 99.241.7 21.4

Indiana 5.642.321.6 0

Maryland 2.4 52.2 14 7.3

Nevada 24.9 101.1 3712.5

Pennsylvania 17.7 48.6 22.211.9

South Carolina 2.9 67.8 27.1 50.3

Virginia 3.6 64.5 18.3 23

As can be inferred from the table, Black defendants and a white victim combination pose a higher risk of getting death sentence than any other combination in the table.

It is not just a question of racial discrimination, but the price of taking someone’s life is a hefty amount to pay for. The mean expense for carrying out life termination ranges from $2.3 M in Texas to $3 M in Florida. It was also established that for the similar amount, the guilty could be locked-in for 40 years in a high security jail (Economist, 1994). That would eventually lead to some sort of revenue, as the prisoners will carve out some noteworthy products during their work time in the prison. Imagine what the savings from reduced number of death sentences could do to our country’s debt. Paying three times more to execute or saving the same to pay off the debts. Do you think that it is even financially viable for our economy to support death sentence? With all assumptions included, is it good enough to pay an amount in which we can keep 3 inmates for life-imprisonment?

Richard Dieter argues on these costs, a life sentence versus a death penalty for an inmate. He compared various figures, such as the one in Maryland having the average total cost of a life sentence as $1 million with $3 million to carry out the death penalty. The same comparison for California, in annual calculations shows the cost of imprisoning an inmate is $25,000 while $90,000 for a year on death row (Goldberg, 2011).

Now the appropriate question is why. What accommodations and adjustments are made to make death sentence so expensive? The answer lies in our legal system proceedings. The appeal process is designed to let the guilty use all his resources and improve his/her chance of surviving or overturning the death penalty. This is mandatory, as it is believed to protect the innocent. The system calls the inmates to go through all the required appeals processes. Every participant of the judiciary is mandated to receive payment for the services availed during the appeal process. These include Lawyers, judges, expert witnesses and other employees within the judicial system. Every step and every process add to the cost and build up a hefty bill for the government. As one of the advocates, Mr. Heller states that the cost of capital punishment in our system is so huge that it serves no good or benefit. It is actually a wasteful spend of money with zero or negative benefit arising out of the transaction (Nagourney, 2012). We are aware of our economic condition; still we waste so much money on such death penalties. It is time we remember the saying, a penny saved is a penny earned.

Agreed that death sentence is costly and along with racial discrimination, it becomes a legal and social stigma. What about the consequences of death sentence? Does it provide any positive behavior enforcements? Studies have shown that the death penalty actually is not positively productive to the victims and their families. It is an unnecessary distended and failed mechanism to punish someone. You are actually not giving a person a chance to improve. Majority of the victims who have testified had a universal voice that “death penalty does not bring “closure”; in fact, the seemingly endless court hearings keep wounds fresh” (Keshen, 2010). It is quite impractical and waste for a person to go back to court every couple of years and testify once again against the defendant only because of the mandatory appeals process. Even if there is no testimony, the pain of sitting in a courtroom and remembering the loss is torture enough for a family member of the murdered victim.

Then there is another argument of prisoners on life sentence. If death is not been sentenced, what will stop those murdering fellow prisoners or the prison staff? Even extending their sentences will not prove any better. What could be done to stop them from killing in prison premises? As an example, if a person sentenced to life happens to escape, what has to stop him from killing anyone who blocks his way or tangles with him (Messerli). The argument fails because of the following reasons. Firstly, the death row inmate is still in prison for a very long period. Till the appeal process is going on, and the inmate is actually executed, he poses equal danger to other inmates as to the public. Secondly, do you even think about extending a life sentence! What if a death row inmate murders in prison, will you give double death or fasten the process to execute him sooner? Additionally, how does the chance of life sentence inmate and death sentence inmate different in escape scenarios?

Consider a case when someone is wrongfully convicted of murder. Though we agree that the system is designed and we do have appeal process, but alas, we are humans. We are bound to commit mistakes. How can we get the assurance that the person death row is innocent? Thus in wake of this reasoning I believe it is always wrong to kill the guilty as it poses a much higher risk of killing an innocent.

To conclude, we all agree that the system is in total mess with respect to death sentences. Already devastated and disturbed family members not treated in the best manner and we keep their pain alive with our system of appeal and hearings. Racial Discrimination is stuck in our roots and thus it shall not be uprooted in near future from the system. The cost of executing a death row inmate is three times more than to keep him alive. We have a bad economic situation. We cannot afford to spend extra. Truly, does risking an innocent life makes sense by spending extra dollars, which may add to the racial discrimination voice of the human right activists too? With all aforementioned facts and reasoning, it is only good to bid adieu to Death penalty.

References:

Economist. (1994) Does Death Work? 333(7893), 27. Retrieved March 21, 2012 from HYPERLINK “http://web.ebscohost.com/ehost/detail?sid=9d5a4f18-884f-49f1-8cb7-0246829e8c8c%40sessionmgr13&vid=5&hid=11&bdata=JkF1dGhUeXBlPWlwLGNwaWQmY3VzdGlkPXM4ODU2ODk3JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d” l “db=aph&AN=9412197708” http://web.ebscohost.com/ehost/detail?sid=9d5a4f18-884f-49f1-8cb7-0246829e8c8c%40sessionmgr13&vid=5&hid=11&bdata=JkF1dGhUeXBlPWlwLGNwaWQmY3VzdGlkPXM4ODU2ODk3JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=aph&AN=9412197708

Goldberg, B. (2011, March 20). States’ Budget Woes Aid Death Penalty Opponents. South Florida Sun- Sentinel. Pg. A. 15 Retrieved March 21, 2012 from HYPERLINK “http://proquest.umi.com/pqdweb?index=4&did=2296989041&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1323304129&clientId=74379” http://proquest.umi.com/pqdweb?index=4&did=2296989041&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1323304129&clientId=74379

Johnson, S. L., Blume, J. H., Eisenberg, T., Hans, V. P., Wells, M. T. (2012, March 11). The Delaware Death Penalty: An Empirical Study. Social Science Research Network. Abstract retrieved April 15, 2012, from HYPERLINK “http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2019913” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2019913

Keshen, B. (2010, December 31). On death penalty, state bucks the trend. Concord Monitor. Concord, NH. Retrieved March 21, 2012 from HYPERLINK “http://proquest.umi.com/pqdweb?index=8&did=2225827141&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1323304129&clientId=74379” http://proquest.umi.com/pqdweb?index=8&did=2225827141&SrchMode=1&sid=1&Fmt=3&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1323304129&clientId=74379

Messerli, J. ( N/A). Should the death penalty be banned as a form of punishment. BallancePolitics.org Retrieved April 15, 2012 from HYPERLINK “http://www.balancedpolitics.org/death_penalty.htm” http://www.balancedpolitics.org/death_penalty.htm

Nagourney, A. (2012, April 6). Seeking an End to an Execution Law They Once Championed. The New York Times. Retrieved April 15, 2012 from HYPERLINK “http://www.nytimes.com/2012/04/07/us/fighting-to-repeal-california-execution-law-they-championed.html?_r=3&pagewanted=1&hpw” http://www.nytimes.com/2012/04/07/us/fighting-to-repeal-california-execution-law-they-championed.html?_r=3&pagewanted=1&hpw