Death Penalty Cases - Essay Example

Death Penalty Thesis ment: The statistics used in death penalty cases can be used to argue for or against the practice, but rarely are all of the real statistics given. Outline I. Introduction II. Pro Death Penalty Statistics a. Victims b. Death Row Inmates with Prior Convictions III. Anti Death Penalty Statistics a. Race b. Education Level of Death Row Inmates IV. Real Death Penalty Statistics a. Race b. Number of Executions since 1930 V. Conclusion The statistics used in death penalty cases can be used to argue for or against the practice, but rarely are all of the real statistics given. Pro death penalty advocates generally state crime statistics, while anti death penalty advocates cite the cost and immorality of state sanctioned killings. Many factors can be revealed from the statistics. This paper will give these factors and the statistics on both sides. Pro Death Penalty Statistics Pro death penalty advocates generally give statistics about victims and death row inmates with prior convictions. Victim statistics are: The most commonly cited reason for homicide is argument…One third of all homicides in 1997 were triggered by arguments. Felony (rape, theft, narcotics, etc. ) accounted for a fifth of homicides and gang killings accounted for one twentieth. About a third were of unknown motive and the other 10% were miscellaneous motives (Best n.d.). One third of all victims know their attacker well enough to get into an argument with them. Felonies, gang related deaths, and other unknown motives make up the reason for all homicides. This does not include just the death penalty cases, but all homicides. The death penalty varies from state to state, but death penalty cases have certain criteria. Table 1 shows the exact criteria for each state. The victims must be killed during a felony in most cases. This would include robberies, rape, or drug related homicides. The pro death penalty advocates always give the statistics portraying the victims in the most sympathetic light, with the murderer in the worst light. Prior convictions rate of death row inmates is another main statistic pro death penalty advocates use. As of January 1, 2005: 65.0% had a prior felony conviction at the time of the murder. 08.4% had a prior homicide conviction at the time of the murder. 07.8% had criminal charges pending at the time of the murder. 26.7% were on probation or parole at the time of the murder. 4.9% were incarcerated or had escaped from incarceration. (The Death Penalty in the U.S.2008) These statistics are used to show how bad death row inmates can be. This should be a given. Only people that are criminals commit homicides during a felony. These facts are given to scare people into becoming pro death penalty. These statistics can be manipulated for the anti death penalty individuals. Out of the homicides 91.6% are first time murderers¸ 95.1% were not incarcerated or escaped from incarceration, and so forth. Statistics are only as good as the source they come from. Anti Death Penalty Statistics Anti death penalty advocates always give statistics giving race and education levels of death row inmates. Blacks are considered to be more likely to get the death penalty. This makes the death penalty racists. The facts are only 37% of blacks compared to 57% of whites are executed (The Death Penalty in the U.S. 2008). Current death row statistics show 45% white and 42% black. Race is an emotional issue. This is due to Jim Crow laws in the South. For many years white juries would not convict a white man of killing a black, but black men would be executed for the same crime on whites. This is where the myth that more black men is executed more than whites. Another factor that anti death penalty advocates use is education. “46% were high school/GED graduates” (The Death Penalty in the U.S. 2008). This makes an individual think that 54% are dropouts. However the college educated statistics are not given. Ted Bundy, Scott Peterson, and other death row inmates have college educations. Not all death row inmates are uneducated. These statistics also do not include inmates that receive college educations while on death row. Real Death Penalty Statistics Real death penalty statistics that can be trusted are statistics that give both sides of the debate equally. An example of race would be: MURDERERS AND VICTIMS BY RACE AND GENDER IDENTITY MURDERERS VICTIMS Black male 47.9% 42.2% White male 42.9% 37.3% White female 5.4% 13.3% Black female 4.1% 7.2% Total 100.0% 100.0% (Best n.d.) The statistics above give both sets of facts, not just a one sided view of the race and gender of those on death row. When a statistic is one sided, like black men make up 47.9% of individuals on death row in 2004, that statistic should not be considered. These statistics are different than the other set, but since three sets of statistics are given they will vary. Both sides of the story need to be given, not just one side. Statistics need to be given in totality, not partially for the truth to come out. Death penalty statistics are no different. Just because one race, gender, or educational level is not reported on does not mean that inmate was not executed or receive the death penalty. When some of the statistics are ignored, than deception on advocates for each side can began. Statistics can be manipulated when some data is excluded from the equation. Some real facts on the death penalty are: U.S. EXECUTIONS BY YEAR 1977 - 01 1985 - 18 1993 - 38 2001 - 66 1978 - 00 1986 - 18 1994 - 31 2002 - 71 1979 - 02 1987 - 25 1995 - 56 2003 - 65 1980 - 00 1988 - 11 1996 - 45 2004 - 59 1981 - 01 1989 - 16 1997 - 74 2005 - 60 1982 - 02 1990 - 23 1998 - 68 2006 - 53 1983 - 05 1991 - 14 1999 - 98 2007 - 42 1984 - 21 1992 - 31 2000 - 85 4/1/08 - 00 U.S. EXECUTIONS BY RACE AND GENDER White 630 (57%) Male 1,088 (99%) Black 377 (34%) Female 011 (01%) Hispanic 076 (07%) Native Am 014 (01%) Asian 008 (01%) (The Death Penalty in the U.S. 2008) Three sets of statistics were looked at concerning the death penalty for this paper. The above statistics were just one set. Another set is: Total inmates 3,207 111 119 Yearend Admissions Removals Gender Male 98.2 % 97.3 % 99.2 % Females 1.8% 2.7 % 0.8% Race White 56.1 % 58.6 % 61.3 % Black 41.7% 39.6% 37.0% All other races 2.2% 1.8% 1.7% (Snell 2009) Depending on year, the statistics varied. Statistics can also be manipulated by year. If statistics are taken from the late 70’s lower execution rates will be observed. The whole issue depends on what statistics are given and what statistics are not given. During the research, Snell provides the most comprehensive statistics. This might be because she is a statistician. Snell realizes that for the whole story to come out both sets of statistics must be given. Numbers can be used as propaganda, not solid fact. So Snell provided statistics. She does work for Bureau of Justice Statistics. It is her job to give complete statistics. These statistics were not given in an emotional manner, but a logical form. Her statistics are more reliable than the others. The statistics used in death penalty cases can be used to argue for or against the practice, but rarely are all of the real statistics given. The lack of all informational statistics makes the death penalty a controversial issue. Until all of the facts are presented by either side, this issue will continue to be a hot topic. True statistics need to be given for individuals to truly understand the situation. Table 1 Table 1. Capital offenses, by state, 2008 State Offense Alabama Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)). Arizona First-degree murder accompanied by at least 1 of 14 aggravating factors (A.R.S. § 13-703(F)). Arkansas Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason. California First-degree murder with special circumstances; sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence. Colorado First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason. Connecticut Capital felony with 8 forms of aggravated homicide (C.G.S. § 53a-54b). Delaware First-degree murder with at least 1 statutory aggravating circumstance (11 Del. C. § 4209). Florida First-degree murder; felony murder; capital drug trafficking; capital sexual battery. Georgia Murder; kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. Idaho First-degree murder with aggravating factors; first-degree kidnapping; perjury resulting in death. Illinois First-degree murder with 1 of 21 aggravating circumstances (720 Ill. Comp. Stat. 5/9-1). Indiana Murder with 16 aggravating circumstances (IC 35-50-2-9). Kansas Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625, KSA 21-4636). Kentucky Murder with aggravating factors; kidnapping with aggravating factors (KRS 32.025). Louisianaa First-degree murder; treason (La. R.S. 14:30 and 14:113). Maryland First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied. Mississippi Capital murder (Miss. Code Ann. § 97-3-19(2)); aircraft piracy (Miss. Code Ann. § 97-25-55(1)). Missouri First-degree murder (565.020 RSMO 2000). Montana Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated sexual intercourse without consent (Mont. Code Ann. § 45-5-503). Nebraskab First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance. Nevada First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035). New Hampshire Murder committed in the course of rape, kidnapping, or drug crimes; killing of a law enforcement officer; murder for hire; murder by an inmate while serving a sentence of life without parole (RSA 630:1, RSA 630:5). New Mexico First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA). New Yorkc First-degree murder with 1 of 13 aggravating factors (NY Penal Law §125.27). North Carolina First-degree murder (NCGS §14-17). Ohio Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04). Oklahoma First-degree murder in conjunction with a finding of at least 1 of 8 statutorily-defined aggravating circumstances; sex crimes against a child under 14 years of age. Oregon Aggravated murder (ORS 163.095). Pennsylvania First-degree murder with 18 aggravating circumstances. South Carolina Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)); criminal sexual conduct with a minor with 1 of 9 aggravators (§ 16-3-655). South Dakotad First-degree murder with 1 of 10 aggravating circumstances. Revision: Revised the code ~of criminal procedure. Changes included establishing procedures to be used by circuit judges in determining whether to stop an execution because the inmate is mentally incompetent (SDCL § 23A-27A-22) and clarifying that persons carrying out executions are immune from civil and/or criminal liability (SDCL § 23A-27A-31.2), effective 7/1/2008. Tennessee First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. § 39-13-204). Texas Criminal homicide with 1 of 9 aggravating circumstances (Tex. Penal Code § 19.03). Utahd Aggravated murder (76-5-202, Utah Code Annotated). Revision: Amended the criminal code to allow aggravating circumstances to be treated as separate acts from the capital offense which can be prosecuted as a separate offense (Utah Code Ann. § 76-5-202), effective 2/26/08. Virginia First-degree murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31). Washington Aggravated first-degree murder. Wyoming First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, escape, resisting arrest, kidnapping, or abuse of a minor under 16. (Snell 2009) Bibliography Best, B. (n.d.) Death by Murder. Accessed 17 Mar. 2010 from http://www.benbest.com/lifeext/murder.html Snell, T.L. (2009). Capital Punishment, 2008 - Statistical Tables. Bureau of Justice Statistics. Accessed 17 Mar. 2010 from http://bjs.ojp.usdoj.gov/content/pub/pdf/cp08st.pdf The Death Penalty in the U.S. (2008). The Clark County Prosecutor’s Office. Accessed 17 Mar. 2010 from http://www.clarkprosecutor.org/html/death/dpusa.htm Read More