Capital Punishment

There is also a large disparity between races when it comes to sentencing convicts to Death Row. Looking just at the federal death penalty data released by the Department of Justice between 1995 and 2000, 682 defendants were charged with death-eligible crimes. Out of those 682 defendants, the defendant was black 48% of the cases, Hispanic in 29% of the cases, and white in only 20% of the cases (Coker, 2003).

Capital punishment, otherwise known as the death penalty, is a controversial subject which has been argued for decades due to the ethical decisions involved. People believe the death penalty is the right thing to do and that it is the perfect example of ‘justice’ while others believe that it is immoral and overly expensive. The death penalty is not a logical sentence for criminals, it doesn’t give them the right type of justice and it is immoral.

The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.

1. Disparity of application of the death penalty is a researched and heavily discussed topic. There is no disparity applied to the death penalty due to race. Many individuals believe that discrimination against minorities directly contributes to the amount of offenders on death row that are African American, Hispanic, or part of a different minority group. These trends exist for a reason, however I believe the reason is due to the fact that individuals strive to meet different goals dependent on their racial background. Currently, approximately 41 % of inmates on death row are black, and 44 % are white. There are more inmates who are white on death row, which makes it hard to determine that disparity was applied based on race or gender when individuals are faced with a death penalty sentence. There are far less women on death row. There are not many women on death row because the death penalty is not often applied to their cases. However, this is not due to their gender, it is based on the crimes that were committed and typically women commit less violent crimes than men.

The ethnicity of a defendant in a capital case should not play a role whatsoever in their sentencing. However, it plays a significant and crucial role in deciding who receives capital punishment. According to the American Civil Liberties Union, minorities account for a disproportionate “43% of total executions since 1976 and 55% of those are currently awaiting execution.” An interesting piece of information that I found from the article was that only 12 people have been executed where the defendant was white and the murder victim was black which is disconcerting when compared to the 178 black defendants who have been executed for the murders of white victims. The racial disparities in these statistics are alarming and troublesome.

The injustice that comes from this prosecution isn’t taken as seriously as it should be, with it ruining lives of loved of victims and the victims themselves. A study by Katherine Beckett, details how jurors in Washington State were 3 times more likely to impose the death penalty to a person of color than a white person. Deaths that have included white victims make up 80% of Capital cases, while these victims only make up one half of all murder cases. By 2002, 12 cases of the defendant being white and the murder victim being black have been sent to the death penalty, while 178 cases of the defendant being black have been executed. Discrimination in a court of law that relates to the death penalty correlates directly with the prosecution and defense provided. 94.5% of elected prosecutors that reside in death penalty states are white, even going as far as 100% white in 9 states like Washington and Tennessee. These statistics showcase how the legal system is much more harsher and likely to punish people based on their skin

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.”

To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,

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.

Criminal law is imposed by almost every nation in the world to reduce crime rate and maintain law and order of the society. An individual who found guilty of a crime will have to face corresponding punishments. Among all penalties, capital punishment is considered to be the most severe and cruelest one which takes away criminal’s most valuable right in the world, that is, right to live. It is a heated debate for centuries whether capital punishment should be completely abolished world widely. The world seems to have mixed opinion regarding this issue. According to Amnesty International (2010), currently, 97 countries in the world have already abolished capital punishment while only 58 nations still actively adopt death penalty.

In the courtroom, these stressors come out in full force. Although the Courts have “concluded that statistics alone do not prove that race enter[s] into any capital sentencing decision in any one particular case…” it is obvious that ethnicity becomes a factor (Ross 153). Countering the court’s argument, statistics have shown that in America, “blacks who killed whites were five and six times… more likely to be sentenced to death than whites who killed whites” (151). The reason for this is mainly due to jurors unintentionally letting race influence their decision making process. The in-group bias and ethnic boundaries described above cloud the jury’s judgment, seeking a stronger penalty for minority groups. Also, if the victim who was killed was someone with good

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all

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.

The death penalty is something about which many people do not have a clear opinion. It is considered to be the punishment of execution, administered to someone convicted of a capital crime. Many people support the death penalty, while others wish for the death penalty to be abolished. My personal opinion on the death penalty is that it should be administered only in cases of certain crimes such as: serial murder, serial rape, and terrorism.

Welcome to America, the land of the free, of the prosperous, of the opulent. America the Beautiful, one of the only places in the world where all citizens regardless of race, background, or social class are constitutionally guaranteed life, liberty, and the pursuit of happiness—that is unless you're on death row. In modern day America we are still faced with the antiquated ritual of capital punishment, a practice that interferes directly with the law of the land. The same forms of punishment used during the middle ages are still in effect today, the same ideas that should have been abolished had the U.S. government revised it's penology. Capital punishment is cruel as well as unusual and inadequate for our advanced society. The United