Sunday, September 28, 2008

The Death Penalty. Is it an Evil Act?

'under what circumstances would you allow the government to kill you?'

Murder is the ultimate evil, no doubt about it. I hold murder in the same dis-regard as serious crimes such as rape, paedophilia and torture, but I think it is safe to say that Murder itself is the worst, the most evil.

What causes someone to commit murder? passion, revenge or maybe just some kind of twisted mentality? do they even understand the gravity of it? I think many people do not understand the gravity of it whatsoever.

We, the people, the system, the country in our enlightened and civilised view should know and fully understand the impact, the seriousness and gravity of the crime that is murder.

In my mind, how can we, or the system in its cool, calm and collected manner commit murder in response to murder?

If murder is evil, then surely death penalty is even more evil.

At the end of the day, humans commit murder for a variety of reasons, none of which can be tolerated in a civilised society and they must be removed from society for the safety of others.
A murderer kills, and a murderer has a reason for it. This reason may be complex, it may not be understood by society, it certainly is not tolerated and can never be allowed, but at the very least, a murderer has some kind of motive for their actions.

The Death Penalty does not deter murder.
Murder rates are not affected by the Death Penalty, because only a clear-minded person can be deterred and they are exactly the people who will likely never commit murder.
Someone (with a reason) in a fit of rage or passion, will not think clearly about the repercussions at the time of the killing anyway.

Innocent people are executed.
It has happened, it still happens and it will continue to happen. Humans are not perfect, our judicial systems are not perfect, evidence is not perfect and yet we impose the perfect, ultimate and final sentence.

Once an innocent person is murdered by the state, they cannot come back to appeal. Its over.
All over.

Imagine living on death row as an innocent person, awaiting your country, your people and your system to cooly decide your fate. To sentence your existence to be extinguished. Forever.

At the very least, a wrongfully imprisoned person could eventually be set free with new evidence or appeals. A dead person cannot appeal.

Innocent people have been released from prison after being subject to the unimaginable and crushing psychologial weight of being a Death Row inmate for on average, 9.5 Years! >>

Murders will continue to happen in society either way, by the mentally ill one on hand or a simple Joe Bloggs on the other, who knows?

Perhaps medical science will one day discover a gene, or a reason why a person does it, and it gets fixed. How will we feel then, knowing that we exterminated "guilty" people in such a way?

Once a murderer is caught, why not let them sit in a prison and think about it for the rest their lives? I would argue that would be a worse punishment, if they are really guilty, whereas in the event when an innocent person is imprisoned, they at least can have hope.

4 comments:

Music Monkey said...

Well said.

Michael M. said...

Passionate view, but you fail to fully recognize or attempt to appreciate the majority of the citizen's view who continually vote FOR capital punishment. We are a free society and the cost of taking a life is that often the offender has to give a life. The people that agree have gone to the polls and voted in support and those that don't have diluted the penal laws so that life in prison (the popular alternative to death row) no longer means life in prison. That tactic has backfired and has bolstered the death row advocacy even more because a permanent solution is needed that can't be diluted by the defense bar.

If you want to sway death penalty supporters instead of just rally people that agree with you, you might consider reducing the rhetoric and the drama and try harder to understand why the majority of folks/voters don't agree with your position.

dudleysharp said...

A few corrections:

The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters, contact info below
 
NOTE: Detailed review of any of the below topics, or others, is available upon request
 
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
 

Innocence Issues
 
Death Penalty opponents have proclaimed that 129 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
 
The number is a fraud.
 
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers. This is easily confirmed by fact checking.
 
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in for the claims of death penalty opponents. Other studies show their error rate to be about 70%. The totality of reviews points to an 80% error/fraud rate in these claims, or about 26 cases - a 0.3% actual guilt error rate for the nearly 8000 sentenced to death since 1973. 

The actual innocents were all freed.
 
It is often claimed that 23 innocents have been executed in the US since 1900.  Nonsense.  Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had."  While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
 
No one disputes that innocents are found guilty, within all countries.  However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be one of the most accurate criminal justice sanctions in the world. 
 
Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
 

Deterrence Issues
 
16 recent US studies, inclusive of their defenses,  find a deterrent effect of the death penalty.
 
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some.  The studies finding for deterrence state such.  Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence.  It cannot. 
 
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware.  Many factors are involved in such evaluations.  Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none.  No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some.  Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
 

Racial issues
 
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
 
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases.  Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders.  This, so the logic goes, is proof that the US only cares about white victims.
 
Hardly.  Only capital murders, not all murders, are subject to a capital indictment.  Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders.  White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
 
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
 

Class issues
 
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts.  The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973.  Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups? Not to my knowledge.
 

Arbitrary and capricious
 
About 10% of all murders within the US might qualify for a death penalty eligible trial.  That would be about 64,000 murders since 1973.  We have sentenced 8000 murderers to death since then, or 13% of those eligible.  I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available.  Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the  US.
 

Christianity and the death penalty
 
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this.  Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context.  This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries.  It is not an ethical pronouncement about capital punishment."  A thorough review of Pope John Paul II's position, reflects a reasoning that should be recommending more executions.
 

Cost Issues
 
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
 

Polling data
 
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
 
71%  find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll). In May, 2007, the percentage dropped to 66%, still the highest percentage answer, with 27% opposed. (Gallup, 5/29/07)
 
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives."  (Gallup 5/2/01).
 
81% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
 
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
 
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question,  actually support the death penalty under specific circumstances, just as it is imposed, judicially.
 
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
 
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
 
--------------------------------
 
Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
 
copyright 1998-2008 Dudley Sharp
Permission for distribution of this document, in whole or in part,  is approved with proper attribution.
 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html see Death Penalty
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2   (Sweden)
www.wesleylowe.com/cp.html

dudleysharp said...

The death penalty is not murder.

The foundation for death penalty support is the same as it is for all sanctions, that it is a just and appropriate sanction for some crimes.

The moral difference between those who oppose or support capital punishment is that one finds it morally wrong, the other morally correct, respectively.

In addition, many of us find that the death penalty is a greater protector of innocent lives.

There are some excellent moral/ethical writings supportive of the death penalty. Here are a few. I hope you have the chance to read them.

(1) John Stuart Mill, speech on the death penalty
http://www.mnstate.edu/gracyk/courses/web%20publishing/Mill_supports_death_penalty.htm


(2)"The Death Penalty", by Romano Amerio, a faithful Catholic Vatican insider, scholar, professor at the Academy of Lugano, consultant to the Preparatory Commission of Vatican II, and a peritus (expert theologian) at the Council.
www.domid.blogspot.com/2007/05/amerio-on-capital-punishment.html

titled "Amerio on capital punishment ", Chapter XXVI, 187. The death penalty, from the book Iota Unum, May 25, 2007


(3) Immanuel Kant, "The Right of Punishing", inclusive of the death penalty
http://web.telia.com/~u15509119/ny_sida_9.htm


(4) "Capital Punishment: A Catholic Perspective",
by Br. Augustine (Emmanuel Valenza)
www.sspx.org/against_the_sound_bites/capital_punishment.htm


(5) "Defending Capital Punishment" by William Gairdner
http://www.williamgairdner.com/defending-capital-punishment/


(6) "Capital Punishment: The Case for Justice", Prof. J. Budziszewski, First Things, August / September 2004 found http://www.orthodoxytoday.org/articles4/BudziszewskiPunishment.shtml


(7) Just Violence: An Aristotelian Justification of Capital Punishment
http://www.csuchico.edu/pst/JustViolence.htm


(8) "Christian Scholars: Support for the Death Penalty",
www.homicidesurvivors.com/2006/10/12/catholic-and-other-christian-references-support-for-the-death-penalty.aspx


(9) Chapter V:The Sanctity of Life, "Principles of Conduct: Aspects of Biblical Ethics" By John Murray

http://books.google.com/books?id=phoqAAaGMpUC&pg=PA107&lpg=PA114&ots=mFvByHqGSy&dq=Murray+%22It+is+the+sanctity+of+human+life+that+underlies+the+sixth+commandment.%22&ie=ISO-8859-1&output=html&sig=ACfU3U1b0mdM3BfpNSXnhrwFYXaE_9Ij9A


NOTE: Religious positions in favor of capital punishment are neither necessary not needed to justify that sanction. However, the biblical and theological record is very supportive of the death penalty.

Many of the current religious campaigns against the death penalty reflect a fairly standard anti death penalty message, routed in secular arguments. When they do address religious issues, they often neglect solid theological foundations, choosing, instead, select biblical sound bites which do not impact the solid basis of death penalty support.

Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas

Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.

A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.

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