Anti Death Penalty Essay

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  • 7/30/2019 Anti Death Penalty Essay

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    Lauren Novak

    Hour 6

    Death Penalty Essay

    Death Penalty

    The death penalty is a controversial issue that has been up for debate for over sixty years. We

    understand the human desire for retribution, but we need to question whether revenge is

    equivalent to justice. After gathering professional research, testimonials, and other

    experiments we will convince you of why the death penalty should be abolished. The main

    concerning issues of the death penalty are the cost, error rate, constitutionality, and the

    effectiveness of deterrence. So before we begin this debate, ask yourself these questions:

    should we be spending more of our tax money for government to pay for the execution of

    vicious criminals? Should there be a chance that we kill an innocent person for someone elses

    crime? Lastly, should we be attempting to end violence by perpetrating it?

    According to the death penalty information center, the average cost of defending a trial in a

    federal death case is $620,932, which is about eight times the cost of a federal murder case in

    which the death penalty is not present. According to Amnesty International, the death penalty

    cost totals up to 1.26 million dollars and cases that do not include the death penalty average up

    to only $740,000. More pretrial time, experts, attorneys, and appeals, are needed for inmates

    being held on death row, which is how the cost of cases including the death penalty outnumber

    cases that do not. Why should we be spending more money than needed by executing criminals

    when a life in prison is debatably a worse sentence for a criminal anyway?

    Lorrain Taylor is the mother of two twin boys who were murdered while working on theirstalled car. Despite her unimaginable pain and grief, she decided to speak out against the death

    penalty: Revenge is notjustice, says Lorrain Taylor, Taking anotherpersons life does not

    stop violence. Theres a contradiction in responding to murder by executing people. She also

    stated: If the government really wanted to end the violence, it would take the millions of

    dollars it is wasting on the death penalty in California and use it for violence prevention for

    youth, rehabilitation, and victim services. Lorrains testimony shows that the death penalty is

    not necessary or relevant to gaining justice or relief from the death of her loved ones. In fact,

    she completely opposes the death penalty because of its hypocriticalness and lack of

    deterrence.

    Eighty-eight percent of the countrys top criminologists do not believe the death penalty acts as

    a deterrent to homicide, according to a new study published in the Journal of Criminal Law and

    Criminology. Additionally, eighty-seven percent of the expert criminologists believe that

    abolishment of the death penalty would not have any significant effect on murder rates.

    According to the ACLU, the death penalty has not been proven to be more effective than life in

    prison without parole. There has been no reliable research to back up the notion that states

    with executions lead to reduced crime rates. As the ACLU also mentions, the vast majority of

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    killers dont think about the consequences of their actions. Usually, it is either a crime of

    passion, committed while intoxicated, or the individual does not believe he/she will get caught

    anyhow. The notion that he/she will receive the death penalty rather than life in prison will not

    typically affect the decision to commit crime.

    Is the death penalty Constitutional? No. The death penalty violates the eighth amendmentstating that no cruel or unusual punishments shall be inflicted and also the right to life as

    proclaimed in the Universal Declaration of Human Rights. The death penalty is unusual in its

    pain, its finality, and in its enormity. The fatal constitutional weakness in the punishment of the

    death penalty is that it treats members of the human race as nonhumans, as objects to be

    toyed with and discarded (William J. Brennan-Justice of U.S. Supreme Court). Contrary to

    popular belief, studies done by Michigan State University affirm that the death penalty isn't

    reserved for the worst crimes, but for defendants with the worst lawyers. It almost never

    applies to people with a lot of money or a higher social rank. This fact makes capital

    punishment even more cruel and unusual because it targets a specific class of society and the

    discriminatory aspect adds another unconstitutional factor.

    The death penalty would be fair if guilt was always guaranteed. However, our legal system is

    flawed and this leads to wrongful convictions and executions. According to Senator Russ

    Feingold, theres an error rate of one out of every seven people executed. 87 people have been

    released from death row because they were found innocent in recent history. Theres no

    telling for sure how many more of those executed were not truly guilty of the crimes. An article

    on acadp.org revealed in 2009 that a Texas man had been convicted and executed for arson

    wrongfully when forensic evidence proved his innocence. It was too late to take back this grave

    mistake at the hands of the legal system. Frank Lee Smith was sentenced to death based on

    one witnesss testimony. There wasnt any DNA or evidence to prove his guilt and that same

    witness later realized she had pointed out the wrong man. It was later reaffirmed by DNA thatSmith had been innocent.

    In conclusion, the support for the death penalty is indefensible. The cost benefit analysis

    doesnt justify it. It cant be justified for deterrent purposes. Revenge is not justice. Injustice

    cannot be undone with the finality of the death penalty. Finally, based upon the discriminatory

    application of the death penalty and the imperfections built within the system, the death

    penalty constitutes cruel and unusual punishment and must be outlawed.