Capital Punishment : An Issue Of Bias

Capital punishment has been a controversial issue that still exists in America today. Capital punishment is a law passed by the government to punish any individual that has been convicted of committed a heinous crime. The death penalty has been a method used throughout history as punishment for criminals. The punishment also known as the death penalty is a scheduled execution, which would be done with lethal injection. The reason why this punishment is chosen is because when crimes are committed that shock the conscience, the immediate emotional reaction is to retaliate with severe punishment (Schnurbush 2016). The death penalty is debated when it is brought up, opinions vary from one group of people to another, one side says the execution is murder, and the other saying that it is justice being done. Each side presents valid arguments to why people should be for it or against it; people’s opinions are formed by personal beliefs.

More than two centuries ago, the death penalty was commonplace in the United States, but today it is becoming increasingly rare. In the article “Should the Death Penalty Be Abolished?”, Diann Rust-Tierney argues that it should be abolished, and Joshua Marquis argues that it should not be abolished. Although the death penalty is prone to error and discrimination, the death penalty should not be abolished because several studies show that the death penalty has a clear deterrent effect, and we need capital punishment for those certain cases in which a killer is beyond redemption.

Capital punishment and the practice of the death penalty is an issue that is passionately debated in the United States. Opponents of the death penalty claim that capital punishment is unnecessary since a life sentence accomplishes the same objective. What death penalty opponents neglect to tell you is that convicted murders and child rapists escape from prison every year(List of prison escapes, 2015). As I write this essay, police are searching for two convicted murders who escaped from the Clinton Correctional Facility in New York on June 6th, 2015. The ONLY punishment from which one cannot escape is capital punishment.

The article that I read about the racial bias of the death penalty in the U.S. by David Love explained how southern states are responsible for the vast majority of African American executions in the United States. Love explicitly stated that “the application of the U.S. death penalty is unfair, arbitrary, and racially biased.” Most disturbingly, the article explained that whether or not a capital punishment defendant receives the death penalty does not depend on the facts of the case but more so on the race of the defendant and the race of the victim. Moreover, even the county in which the case was prosecuted can play a role in capital punishment sentencing.

The death penalty has been a controversial topic among society for ages. An issue often brought up when discussing the legality of capital punishment is wrongful convictions. Advocates of the death penalty say that, while wrongful convictions are an issue, those few cases do not outweigh the need for lawful execution of felons who are, without a doubt, guilty. On the other hand, the opponents argue that the death penalty is wrong from both a legal and moral standpoint, an ineffective form of punishment, and should, ultimately, be outlawed. With both advocates and challengers constantly debating on this topic, the death penalty and wrongful convictions continue to be hot buttons issues for Americans and people throughout the world.

The U.S. General Accounting Office (GAO) found “a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty.” Moreover, the study reached the conclusion that a defendant in a capital case was much more likely to be given the death sentence if the murder victim was white. Sadly, “the single most reliable predictor of whether someone will be sentenced to death is the race of the victim.”

While the topic can be overwhelming and complex, it is important to study the racist institution of the death penalty because execution is the ultimate expression of which individuals are valued by our society and which are considered dispensable. What the US expresses through its executions carries some racist undertones when we look at the races of the persons being executed, but it takes on a clearly racial direction when we consider the race of the original murder victim. For example, "the most comprehensive study of the death penalty found that killers of whites were eleven times more likely to be condemned to death than killers of African- Americans."3 On the flip side, "only 31 of the over 18,000 executions in this country's history involved a white person being punished for killing a Black person."4 In capital punishment, we find the modernday counterpart to lynching. Of course, lynching often meant sporadic acts of individual racism. Selective killing today is an official, bureaucratized act of the state and therefore an official statement of what our government stands for. And what the government stands for is the most complete disempowerment possible - death - for a large number of Black individuals.

Despite the Court’s insistence upon such safeguards, and judicial pronouncements that all states currently conducting executions have met the standards, disturbing patterns persist in the application of the death penalty. Statistics show, for example, that people who kill white people are far more

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.

My initial assumption on how racial bias affects the capital punishment. Racial bias has a major factor in capital punishment case. We have to take into consideration on how society sees and feels about the individual race and skin color. For example, we have Jose who did not commit the crime, but he belongs to a race that society see them as thugs, criminals, people who break the rules and hurt other people. On the other hand, we have Billy an individual who committed the crime, but he belongs to a race that society see them as the good people, people who follow the rules and help others. Jose will have a bigger opportunity to be sentenced to death than Billy just because society sees his race as criminals. Racial bias does have a significant

While supporters of the death penalty thought that the death penalty could be applied without racial and class disparities, research conducted through the years have indicated that race and class disparities have shown not in isolated cases, but in many cases. The authors argue that “Public opinion on the death penalty show that while most Americans recognize the problem of race and class bias, they do not view such discrimination as a reason to oppose the death penalty” (Radelet & Borg, 2000, page 5).

According to the statistics of Information center of death penalty, the death penalty is legal and supported by thirty three states and it is banned or abandoned in seventeen states. Rationally this division should be removed, and everyone should stand on a single forum to raise voice against the death penalty. There are solid and logical reasons behind setting the capital punishment like death penalty or life sentencing against severe nature of crime like murder or rape by the legal system of any country. When somebody does a crime like murder, he/she should also be convicted with the penalty like death in order to set a strong example for other criminals so that they do not dare to repeat the crime. Both articles are

Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished.

Four major issues in capital punishment are debated, most aspects of which were touched upon by Seton Hall’s panel discussion on the death penalty. The first issue stands as deterrence. A major purpose of criminal punishment is to conclude future criminal conduct. The deterrence theory suggests that a rational person will avoid criminal behavior if the severity of the punishment outweighs the benefits of the illegal conduct. It is believed that fear of death “deters” people from committing a crime. Most criminals would think twice before committing murder if they knew their own lives were at stake. When attached to certain crimes, the penalty of death exerts a positive moral influence, placing a stigma on certain crimes like manslaughter, which results in attitudes of horror to such acts.

One of the most infuriating facts about the death penalty is how disproportionately different races are treated. According to Washington State University, a jury is 3 times more likely to sentence the death penalty for a black defendant versus a white defendant for homologous crimes (Johnson). In fact, it was found that blacks who murdered whites had greater possibility to be convicted of first-degree murder than blacks who killed blacks. Consequently, blacks who murdered whites were more susceptible to receive capital punishment (Johnson). The U.S Government Accountability Office explained "[The] synthesis of the 28 studies shows a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty [after 1970]" and that "race of victim influence was found at