Facts about the Death Penalty - Literature review Example

November 21, 2007 The Death Penalty Capital punishment has been administered and accepted in this country for over 200 years, however, some states have now abolished the practice, while others continue with sanctioned executions. In 2000, Governor George Ryan of Illinois suspended executions in that state and "commuted the death sentences of all Illinois death row inmates in 2003" (Wolfers 791). Following Ryan's lead, in 2004, New York's highest court ruled that the state's death penalty statute was unconstitutional. Although prisoners still sit on California's death row, executions in that state are virtually nonexistent, however, executions in Texas continue at a even pace (791). There are those who believe that the process is biased and must be curtailed until these issues can be examined, however, I would argue that despite any bias in the application of the death penalty, most of the criminals currently sitting on death row are guilty of the crimes they committed and should see their sentence through to its fruition. Those seeking to abolish the death penalty in this country point believe that the problem of racial bias exists within its administration. The most famous statistical study conducted regarding racial bias in death penalty assessment was the 1970s Baldus study. A professor at the University of Iowa Law School, David Baldus "tried to assess the influence of race and other illegitimate factors on the selection of murder suspects for death sentences" (Howe 2085). The results of the study indicated that if a murder victim was white, the rate to which the offender was sentenced to death was much higher than if the victim was black (2085). In a more recent study, commissioned in 2000 by the former governor of Maryland, capital sentencing in that state between 1978 and 1999 was examined. The study found "pronounced bias against killers of white victims, and within the white-victim cases, additional bias against black offenders" (2090). Attorneys Stephen Bright, Ira Glasser, and Bryan Stevenson have been vocal about the discrimination that exists when it comes to race and capital punishment. They insist that the courts have a tendency to "condemn to death the murderers of white victims, while handing down prison sentences to those who kill blacks" (Haines 165). However, I am of the opinion of Ernest van den Haag, an academic who supports the death penalty and believes: The guilt of any one murderer (and the justice of imposing the death penalty on him) is not diminished if other, equally or more guilty, murderers are not convicted or executed, whether because of racial discrimination, accident, or sheer capriciousness (166). Additionally, a 2001 study of 900 death penalty cases indicated that racial bias is not a factor in capital sentencing. It stated "differences in state criminal laws, prosecutors; decisions and geographical factors, not intentional racial bias, account for the fact that the majority of offenders with death sentences are minorities" (Klug 1). Additionally, the majority of executed death row inmates since 1976 have been white, even though a slight majority of murders are committed by blacks. (Eddlem 24). I would agree that in the past, racial bias may have been a major factor in the administration of the death penalty in this country, however, today, with a bevy of civil rights and many other safeguards built into the system, being sentenced to death due to the color of one's skin is a very unlikely, if not impossible, scenario. The Death Penalty as a Deterrent Another argument used by those against the death penalty is that executions do not deter criminals on the street from committing further acts of mayhem, murder, and violence (citing Death Penalty Focus; Eddlem 25). Such detractors point to meaningless scientific studies to bolter their claims, however, the logic in their argument is flawed. According to C.S. Lewis, "If deterrence is all that matters, the execution of an innocent man, provided the public think him guilty, would be fully justified (Eddlem 25). As Eddlem (2002) asserts, "Men should be punished for their own crimes and not merely to deter othersthe death penalty undoubtedly does deter in some cases. For starters, those executed will no longer be around to commit any more crimes" (26). Additionally, even those firmly opposed to the death penalty must admit its deterrent effects. The renowned member of the O.J. Simpson "Dream Team" of attorneys, Harvard Law Professor Alan Dershowitz, is a strong opponent of the death penalty, and even he has conceded, "Of course, the death penalty deters some crimes. That's why you have to pay more for a hitman in a death penalty state, than a nondeath penalty state" (citing Dershowitz 1995; Bedau & Cassell 191). My argument is that if only a handful of criminals are deterred from taking the innocent life of another, the deterrent effect of the death penalty is priceless. Therefore, the true question is not "whether the death penalty deters every murder, only whether it deters some murders" (Bedau & Cassell 190). Furthermore, those executed represent the loss of one less violent predator on the street, making our neighborhoods safer in the process. DNA and the Death Penalty Finally, there are those who claim that death row is full of innocent men and recent releases due to new DNA evidence is proof of this assertion. In fact, according to ABC News (2000), "618 prisoners have been executed across the nation and about 80 have been exonerated. Those disturbing odds beg the question: If the chances of executing an innocent person are so high, should we have capital punishment" (citing ABCNews.com, March 6; Eddlem 24). This argument actually bolsters the pro-death penalty argument, as if DNA can prove an inmate innocent of crime, it can prove guilt as well, therefore society can be even more certain that those on death row are rightfully there. Additonally, since 1976, "not one person in the United States has been later proven innocent as a result of DNA evidence" (Eddlem 24). I would argue it is the rare occasion that DNA actually exonerates a death row inmate, as ABC's numbers indicate only 13 percent of death row inmates across the country in 2000 was found to be innocent via this testing. Nonetheless, I am in favor of this testing because just as it exonerates the innocent it seals the fate of the guilty predators waiting for their turn to meet their ultimate fate. Conclusion As human beings, whether it is through nature or nurture, we all have biases that we harbor. However, the justice system was designed to set these biases aside and deal with all individuals equally, being fair and impartial. I would argue that safeguards built into the legal system have allowed the courtrooms of today to be places where true justice is meted out in a fair manner. This would include the introduction and subsequent testing of inmates with new DNA technologies, which can determine both innocence and guilt. Furthermore, the deterrent affects of the death penalty, although a hot topic of debate, cannot be denied. The fear of punishment and death is akin to all human beings and criminals are no exception to this rule. Of course, although extremely rare, there will always be those exceptions to this rule, and when these exceptions occur, I agree wholeheartedly they should be examined with a societal microscope. I believe such exceptions are few and far between, and although the death penalty is not "pretty" or pleasant to think about, it is a necessary evil in our society to punish, deter, and eliminate those who would unjustly take the life of another. Works Cited Bedau, Hugo Adam, and Cassell, Paul G. Debating the Death Penalty: Should America Have Capital Punishment The Experts on Both Sides Make Their Best Case. New York: Oxford University Press, 2004. Eddlem, Thomas R. "Ten Anti-Death Penalty Fallacies: The Case Against Capital Punishment Relies on Myth, Misinformation, and Misplaced Emotionalism." The New American 18.11 (2002): 23-26. Haines, Herbert H. Against Capital Punishment: The Anti-death Penalty Movement in America, 1972-1994. New York: Oxford University Press, 1999. Howe, Scott W. "The Futile Quest for Racial Neutrality in Capital Selection and the Eighth Amendment Argument for Abolition Base on Unconscious Racial Discrimination." William and Mary Law Review 45.5 (2004): 2083-2166. Klug, Elizabeth A. "Inter Alia.(Study of Racial And Geographical Disparities in Federal Death Penalty System)(Brief Article)(Statistical Data Included)." Corrections Compendium 26.7 (2001): 1-2. Wolfers, Justin. "Uses and Abuses of Empirical Evidence in the Death Penalty Debate." Stanford Law Review 58 (2005): 791-846. Read More