Capital punishment what is it

Whatever deterrent capital punishment provides can likely be matched by the threat of permanent lockup. The second historical purpose has been discredited by time: the death penalty was a powerful tool of white supremacy.

The antebellum South was haunted by the possibility of slave uprisings; capital punishment was used to tamp down resistance. You can see it in the early Virginia law that made it a capital offense for slaves to administer medicine—it might be poison!

Or the early Georgia statute that invoked the death penalty if a slave struck his master hard enough to leave a bruise. The late Watt Espy, an eccentric Alabaman whose passion for this topic produced the most complete record ever made of executions in the U. The racial disparity is arresting. In a mostly white America, significantly more blacks than whites were put to death.

Whites were almost never executed for crimes—even murder—involving black victims. Some analysts still find vestiges of racial bias in the modern system, but the overt racism of the old order is now plainly unconstitutional. The best defense lawyers cost a lot of money. As a favorite saying on death row goes: Those without the capital get the punishment. This leaves only the question of justice, which is a visceral and compelling force.

Capital punishment is an expression of the principle that certain extreme boundaries cannot be crossed—that some crimes are so terrible that death is the only punishment sufficient to balance the scales.

It shows how seriously we take our laws and the moral traditions underlying them. Anti-death-penalty thinkers have tried to knock down this idea for hundreds of years.

Momentum is moving away from the death penalty not because it offends the sense of justice but because it is a system that costs too much and delivers too little. Reason 4.

Governments are going broke. Across the country, governments are wrestling with tight budgets, which are likely to get tighter. Aging populations mean a rising demand for health care and retirement benefits. When more is spent to meet those commitments, less is available for everything else. The American death-penalty system is so slow, inconsistent and inefficient that it costs far more than the life-without-parole alternative. This fact may puzzle many Americans. But think of it this way: as the country recently saw in the Tsarnaev case, a death sentence involves not one trial but two.

The first procedure decides guilt or innocence, and the second weighs the proper punishment. This doubly burdensome process is followed by strict appellate review that consumes hundreds if not thousands of billable hours on the part of lawyers, clerks, investigators and judges.

Compared with the cost of a complicated lawsuit, the cost of incarceration is minimal. A more recent study by a federal commission pegged the difference in the costs of the trials at eight times as much.

Duke University professor Philip J. From Kansas to Maryland , Tennessee to Pennsylvania , studies have all reached similar conclusions. Rising pressure to cut wasteful spending will cause more and more legislators and law-enforcement officials to look hard at these findings—especially in a climate of low crime rates and secure prisons. As more states consider joining Nebraska in abolishing capital punishment, they may create a momentum that will, in time, sway the U.

Supreme Court. Reason 5. The Justices. From to , 1, executions occurred in the United States, and of them took place in the South. Time and time again, we have proven that the criminal justice system fails to protect the innocent and persons with serious mental disabilities and illnesses from execution. Even the administration of executions is utterly flawed: Every method of execution comes with an intolerably high risk of extreme pain and torture.

Public support for the death penalty is falling; the numbers of new death sentences and executions are both rapidly decreasing. The time has come for America to end this failed experiment. Several recent executions have proven that lethal injection can often be painful and prone to mishaps that lead to torture.

In recent years, as pharmaceutical manufacturers have withdrawn permission to use their drugs in executions, states have frequently failed to find safe alternatives and been forced to shroud their executions under cloaks of secrecy.

The result has been a lack of accountability for state governments in relation to botched executions. Politicians who preach the desirability of executions as a method of crime control deceive the public and mask their own failure to identify and confront the true causes of crime. Capital punishment wastes limited resources. It squanders the time and energy of courts, prosecuting attorneys, defense counsel, juries, and courtroom and law enforcement personnel. It unduly burdens the criminal justice system, and it is thus counterproductive as an instrument for society's control of violent crime.

Limited funds that could be used to prevent and solve crime and provide education and jobs are spent on capital punishment.

Opposing the death penalty does not indicate a lack of sympathy for murder victims. On the contrary, murder demonstrates a lack of respect for human life. Because life is precious and death irrevocable, murder is abhorrent, and a policy of state-authorized killings is immoral. It epitomizes the tragic inefficacy and brutality of violence, rather than reason, as the solution to difficult social problems.

Many murder victims do not support state-sponsored violence to avenge the death of their loved one. Sadly, these victims have often been marginalized by politicians and prosecutors, who would rather publicize the opinions of pro-death penalty family members. Changes in death sentencing have proved to be largely cosmetic. The defects in death-penalty laws, conceded by the Supreme Court in the early s, have not been appreciably altered by the shift from unrestrained discretion to "guided discretion.

A society that respects life does not deliberately kill human beings. An execution is a violent public spectacle of official homicide, and one that endorses killing to solve social problems — the worst possible example to set for the citizenry, and especially children. Governments worldwide have often attempted to justify their lethal fury by extolling the purported benefits that such killing would bring to the rest of society.

The benefits of capital punishment are illusory, but the bloodshed and the resulting destruction of community decency are real. Deterrence is a function not only of a punishment's severity, but also of its certainty and frequency.

The argument most often cited in support of capital punishment is that the threat of execution influences criminal behavior more effectively than imprisonment does. As plausible as this claim may sound, in actuality the death penalty fails as a deterrent for several reasons. A punishment can be an effective deterrent only if it is consistently and promptly employed. Capital punishment cannot be administered to meet these conditions. The proportion of first-degree murderers who are sentenced to death is small, and of this group, an even smaller proportion of people are executed.

Although death sentences in the mids increased to about per year , this is still only about one percent of all homicides known to the police. Of all those convicted on a charge of criminal homicide, only 3 percent — about 1 in 33 — are eventually sentenced to death. Between , the average number of death sentences per year dropped to , reducing the percentage even more.

Mandatory death sentencing is unconstitutional. The possibility of increasing the number of convicted murderers sentenced to death and executed by enacting mandatory death penalty laws was ruled unconstitutional in Woodson v.

North Carolina , U. A considerable time between the imposition of the death sentence and the actual execution is unavoidable, given the procedural safeguards required by the courts in capital cases. Starting with selecting the trial jury, murder trials take far longer when the ultimate penalty is involved.

Furthermore, post-conviction appeals in death-penalty cases are far more frequent than in other cases. These factors increase the time and cost of administering criminal justice.

We can reduce delay and costs only by abandoning the procedural safeguards and constitutional rights of suspects, defendants, and convicts — with the attendant high risk of convicting the wrong person and executing the innocent. This is not a realistic prospect: our legal system will never reverse itself to deny defendants the right to counsel, or the right to an appeal. Persons who commit murder and other crimes of personal violence often do not premeditate their crimes. Most capital crimes are committed in the heat of the moment.

Most capital crimes are committed during moments of great emotional stress or under the influence of drugs or alcohol, when logical thinking has been suspended.

Many capital crimes are committed by the badly emotionally-damaged or mentally ill. In such cases, violence is inflicted by persons unable to appreciate the consequences to themselves as well as to others.

Even when crime is planned, the criminal ordinarily concentrates on escaping detection, arrest, and conviction. The threat of even the severest punishment will not discourage those who expect to escape detection and arrest. It is impossible to imagine how the threat of any punishment could prevent a crime that is not premeditated.

Furthermore, the death penalty is a futile threat for political terrorists, like Timothy McVeigh, because they usually act in the name of an ideology that honors its martyrs.

Capital punishment doesn't solve our society's crime problem. Threatening capital punishment leaves the underlying causes of crime unaddressed, and ignores the many political and diplomatic sanctions such as treaties against asylum for international terrorists that could appreciably lower the incidence of terrorism. Capital punishment has been a useless weapon in the so-called "war on drugs. It is irrational to think that the death penalty — a remote threat at best — will avert murders committed in drug turf wars or by street-level dealers.

If, however, severe punishment can deter crime, then permanent imprisonment is severe enough to deter any rational person from committing a violent crime. The vast preponderance of the evidence shows that the death penalty is no more effective than imprisonment in deterring murder and that it may even be an incitement to criminal violence.

Death-penalty states as a group do not have lower rates of criminal homicide than non-death-penalty states. Use of the death penalty in a given state may actually increase the subsequent rate of criminal homicide. Perhaps because "a return to the exercise of the death penalty weakens socially based inhibitions against the use of lethal force to settle disputes…. In adjacent states — one with the death penalty and the other without it — the state that practices the death penalty does not always show a consistently lower rate of criminal homicide.

For example, between l and l, the homicide rates in Wisconsin and Iowa non-death-penalty states were half the rates of their neighbor, Illinois — which restored the death penalty in l, and by had sentenced persons to death and carried out two executions. On-duty police officers do not suffer a higher rate of criminal assault and homicide in abolitionist states than they do in death-penalty states.

Between and , for example, lethal assaults against police were not significantly more or less frequent in abolitionist states than in death-penalty states. Capital punishment did not appear to provide officers added protection during that time frame. In fact, the three leading states in law enforcement homicide in were also very active death penalty states : California highest death row population , Texas most executions since , and Florida third highest in executions and death row population.

If anything, the death penalty incited violence rather than curbed it. Prisoners and prison personnel do not suffer a higher rate of criminal assault and homicide from life-term prisoners in abolition states than they do in death-penalty states. Between and , inmates were murdered by other prisoners. Evidently, the threat of the death penalty "does not even exert an incremental deterrent effect over the threat of a lesser punishment in the abolitionist states. Actual experience thus establishes beyond a reasonable doubt that the death penalty does not deter murder.

No comparable body of evidence contradicts that conclusion. Furthermore, there are documented cases in which the death penalty actually incited the capital crimes it was supposed to deter.

These include instances of the so-called suicide-by-execution syndrome — persons who wanted to die but feared taking their own lives, and committed murder so that the state would kill them. For example, in , Daniel Colwell , who suffered from mental illness, claimed that he killed a randomly-selected couple in a Georgia parking lot so that the state would kill him — he was sentenced to death and ultimately took his own life while on death row.

Although inflicting the death penalty guarantees that the condemned person will commit no further crimes, it does not have a demonstrable deterrent effect on other individuals. Further, it is a high price to pay when studies show that few convicted murderers commit further crimes of violence. Researchers examined the prison and post-release records of prisoners on death row in whose sentences were reduced to incarceration for life by the Supreme Court's ruling in Furman.

This research showed that seven had committed another murder. But the same study showed that in four other cases, an innocent man had been sentenced to death.

Recidivism among murderers does occasionally happen, but it occurs less frequently than most people believe; the media rarely distinguish between a convicted offender who murders while on parole, and a paroled murderer who murders again. Government data show that about one in 12 death row prisoners had a prior homicide conviction. But as there is no way to predict reliably which convicted murderers will try to kill again, the only way to prevent all such recidivism is to execute every convicted murderer — a policy no one seriously advocates.

Equally effective but far less inhumane is a policy of life imprisonment without the possibility of parole. Constitutional due process and elementary justice both require that the judicial functions of trial and sentencing be conducted with fundamental fairness, especially where the irreversible sanction of the death penalty is involved.

In murder cases since , 88 percent of all executions have been for this crime , there has been substantial evidence to show that courts have sentenced some persons to prison while putting others to death in a manner that has been arbitrary, racially biased, and unfair.

Racial discrimination was one of the grounds on which the Supreme Court ruled the death penalty unconstitutional in Furman. Half a century ago, in his classic American Dilemma , Gunnar Myrdal reported that "the South makes the widest application of the death penalty, and Negro criminals come in for much more than their share of the executions.

Our nation's death rows have always held a disproportionately large population of African Americans, relative to their percentage of the total population. Comparing black and white offenders over the past century, the former were often executed for what were considered less-than-capital offenses for whites, such as rape and burglary. Between and , men were executed for rape, of whom — 90 percent — were black. A higher percentage of the blacks who were executed were juveniles; and the rate of execution without having one's conviction reviewed by any higher court was higher for blacks.

In recent years, it has been argued that such flagrant racial discrimination is a thing of the past. However, since the revival of the death penalty in the mids, about half of those on death row at any given time have been black. More striking is the racial comparison of victims. African-Americans are six times as likely as white Americans to die at the hands of a murderer, and roughly seven times as likely to murder someone. Young black men are fifteen times as likely to be murdered as young white men.

So given this information, when those under death sentence are examined more closely, it turns out that race is a decisive factor after all. The classic statistical study of racial discrimination in capital cases in Georgia presented in the McCleskey case showed that "the average odds of receiving a death sentence among all indicted cases were 4.

Baldus et al. Kemp and while the Court did not dispute the statistical evidence, it held that evidence of an overall pattern of racial bias was not sufficient. McCleskey would have to prove racial bias in his own case — a virtually impossible task. The Court also held that the evidence failed to show that there was "a constitutionally significant risk of racial bias In , the U.

The Washington Supreme Court also recently struck down the state's death penalty on October 11, This was the fourth time the court has ruled the state's capital punishment law unconstitutional, calling it "invalid because it is imposed in an arbitrary and racially biased manner.

Create Account. States and Capital Punishment. Texas Crim. Significant Litigation Over the past decade, several U. Atkins v. Virginia Ring v. Arizona Roper v. Simmons Kennedy v. Louisiana Baze v. Rees Glossip v.