Reviewing Capital Punishment And The Death Penalty Criminology Essay

capital penalty, besides referred to as the decease punishment, “ is the executing by the authorities of persons who have committed a specified offense punishable by decease ( a ‘capital ‘ offense ) ” ( Levinson, 2002 ) . The methods utilized in the U.S. have progressed from highly violent public executings to more humanist methods witnessed merely by those who need to be involved. “ Puting to decease people judged to hold committed highly flagitious offenses is a pattern of antediluvian standing, but in the United States in the latter half of the twentieth centuryaˆ¦ ” ( Lowe, 2010 ) . Capital penalty has been one of most controversial and emotional subjects in the United States and all over the universe. Capital penalty serves as a hindrance to take down slaying rates, but sometimes it is merely requital. Peoples who are pro capital penalty see killing the captives as a manner to halt their offenses and forestall them from preparation and defiling future coevalss. The decease punishment should be administered merely for peculiarly flagitious offenses. The Supreme Court of the Unites States of America said, “ Indeed, the determination that capital penalty may be the appropriate countenance in utmost instances is an look of the community ‘s belief that certain offenses are themselves so dangerous an insult to humanity that the lone equal response may be the punishment of decease ” ( Hall, 2010 ) . Capital penalty is indispensable to discourage felons, to protect society, and in order for justness to predominate.

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History and Development

Harmonizing to the Death Penalty Information Center ( 2009 ) , the first decease punishment Torahs day of the month as far back as the Eighteenth Century B.C. and can be found in the Code of Hammurabi. “ King Hammurabi of Babylon codified the decease punishment for 25 different offenses ” ( DPIC, 2009 ) . For justness to be served King Hammurabi believed in the “ eye-for-an-eye ” and “ tooth-for-a-tooth ” ( Hanawalt & A ; Wallace, 1998 ) . The decease punishment besides became a portion of the Hittite Code, the Draconian Code of Athens, the Roman Law of the Twelve Tablets and became a portion of Britain ‘s codification of Torahs as good. The decease punishment in the Fifth Century involved the usage of cruel methods and public executings ( DPIC, 2009 ) . “ Death sentences were carried out by such agencies as crucifixion, submerging, crushing to decease, firing alive, and impalement ” ( DPIC, 2009 ) . The decease punishment did non make American dirt until 1608 because the Europeans came to America and brought with them their pattern of capital penalty ( DPIC, 2009 ) . Since the Colonial times at that place were about 15,000 people have been lawfully put to decease. In 1608, the first recorded executing was carried out in the Jamestown settlement of Virginia. Captain George Kendall was convicted of being a undercover agent for Spain and executed. Kendall was hanged. “ In the subsequent four centuries an countless figure, rapers, Equus caballus stealers, undercover agents, enchantresss, and kidnapers, among others, have met a similar destiny ( Bedau, 2004, p.15 ) . In 1632, Jane Champion was the first colonial adult female to be executed, but her specific offense was ne’er recorded.

“ In 1612, Virginia Governor Sir Thomas Dale enacted the Divine, Moral and Martial Laws, which provided the decease punishment for even minor discourtesies such as stealing grapes, killing poulets, merchandising with Indians, and in New York for denying the “ true God ” ( DPIC, 2009 ) . ” It was through public executings that the autonomous province could show its power. Harmonizing to the Death Penalty Information Center ( 2009 ) , in the Tenth Century A.D. “ hanging became the usual method of executing in Britain. ” William the Conqueror, the King of England, did non allow individuals to be hanged or put to decease for any offense except in times of war. However, Henry VIII in the Sixteenth Century executed about 72,000 people. In the Sixteenth Century, Henry VIII ‘s methods of executing were “ boiling, firing at the interest, hanging, decapitation, and pulling and billeting ” ( DPIC, 2009 ) . In Henry VIII ‘s clip capital discourtesies included get marrieding a Jew, non squealing to a offense, and lese majesty ( DPIC, 2009 ) . “ The figure of capital offenses in Britain continued to lift throughout the following two centuries ” ( DPIC, 2009 ) . This continued to increase up until the 1700s at which point 222 offenses were punishable by decease ( DPIC, 2009 ) . The offenses included larceny, cutting down a tree, and robbing a coney Warren. British juries would convict an wrongdoer even if the offense was non serious harmonizing to modern criterions. This led to reforms. Between the old ages 1823 to 1837, “ the decease punishment was eliminated for over 100 of the 222 offenses punishable by decease ” ( DPIC, 2009 ) . This became of import because “ Britain influenced America ‘s usage of the decease punishment more than any other state ” ( DPCI, 2009 ) . All executings were public.

That is to state that without a public audience province killing would hold been nonmeaningful ( Sarat, 1999 ) . In the terminal, some Americans began to voice their resistance to public executings. This led to a period of reform. The violent methods of executing in concurrency with the public nature of the executings had served as a agency of societal control in the yesteryear ( Hanawalt & A ; Wallace, 1998 ) . The more barbarous the method of executing ; the better because the people who were the targeted audience would be obedient topics as a consequence.

Harmonizing to Hugo Adam Bedau, in an Abolitionist ‘s Survey of the Death Penalty in America Today ( 2009 ) , during the Revolutionary epoch a diverse group of Americans found the decease punishment “ morally and politically abhorrent ” ( Bedau, 2004, p.16 ) and became oppositions of it. Dr. Benjamin Rush, a signer of the Declaration of Independence and laminitis of the Pennsyvania Prison Society, believed that the decease punishment was a hindrance. However, Rush was important because he led the abolishment motion in the state ( Bedau, 2004 ) . In 1794, Pennsylvannia repealed the decease punishment for all discourtesies except first degree slaying.

“ If we execute murderes and there is in fact no hindrance consequence, we have killed

a clump of liquidators. If we fail to put to death liquidators, and making so would in

fact have deterred other slayings, we have allowed the violent death of a clump of

guiltless victims. I would much instead put on the line the former. This, to me, is non a

touch call. ”

-John Mcadams-Marquette University/Department of Political Science,

on disincentive.

Rush attacked public executings through talks and a booklet titled “ Considerations on the Injustice and Impolicy of Punishing Murder by Death ” ( Bedau, 2004, p.16 ) . As a consequence of his work and the plants of others there were a figure of developments in Torahs affecting the decease punishment ( Bedau, 2004 ) . Two such developments were the stoping of public executings and the usage of more humanist methods of executing ( Bedau, 2004 ) .

From the 1920 ‘s to the 1940 ‘s, there was a metempsychosis in the U.S. of the usage of the decease punishment. The ground was that the Hagiographas of criminologists argued that the decease punishment was a necessary societal step. There were more executings in the 1930 ‘s than in any other decennary in American history, an norm of 167 per twelvemonth. There was a impermanent suspension of capital penalty from 1972-1976. In 1976, the Supreme Court approved the usage of discretion in the application of the decease punishment condemning guidelines in Gregg v. Georgia, Jurek v. Texas, and Proffitt v. Florida ; all these instances are referred to as the Gregg determination. This landmark determination held that the new decease punishment legislative acts in Florida, Georgia, and Texas were constitutional ; this reinstated the decease punishment in those provinces. The Supreme Court besides held that decease itself was constitutional under the Eighth Amendment.

The federal authorities has employed capital penalty for certain federal discourtesies such as slaying of a authorities functionary, nobbling ensuing in decease, running a large-scale drug endeavor, and lese majesty. In 1994, President Clinton signed a Violent Crime Control and Law Enforcement Act that expanded the federal decease punishment to some 60 offenses, three of which do non affect slaying. Those three exclusions are espionage, lese majesty, and drug trafficking in big sums.

The United States has a annual norm of 15,000 slayings. Since 1976, there were a sum of 1,203 executings. Executions have reached 1,000 per twelvemonth in merely a little more than thirty old ages. This is proof that the figure of instances of capital penalty has been reversed. Harmonizing to the Pro Death Penalty web page, in 2003 a countrywide survey consequences showed that “ every executing deters an norm of 18 slayings ” ( Lowe, 2010 ) . In the twelvemonth of 2006, there was another survey in Illinois demoing that executing in 2000 led to 150 extra homicides over the four old ages following. Obviously, executing was non a hindrance in Illinois. “ Since 1967, there has been one executing for every 1600 slayings ” ( Hall, 2010 ) . Harmonizing to the FBI ‘s Uniform Crime Report and Bureau of Justice Statistics, from 1967-1996 there have been approximately about 560,000 slayings and 358 executings ( Hall, 2010 ) . “ Harmonizing to a 2004 survey by an Emory University Professor rushing up executings would beef up the deterrent consequence. For every 2.75 old ages cut from clip spent on decease row, one slaying would be prevented. In the U.S. , during the impermanent suspension of capital penalty from 1972-1976, the slaying rate doubled ” ( Lowe, 2010 ) .

Goals and Mission

One of chief statements about capital penalty is whether the decease punishment deters felons or non. Some States may state that the decease punishment does non discourage slaying, but some provinces see a bead in slaying rates with the application of the decease punishment. “ Dismissing capital penalty on that footing requires us to extinguish all prisons every bit good because they do non look to be any more effectual in the disincentive of offense ” ( Lowe, 2010 ) . During the Presidential arguments in 2000 George W. Bush said, “ I think the ground to back up the decease punishment is because it saves other people ‘s lives, and farther that it ‘s the lone ground to be for it ” ( Donohue and Wolfers, 2006 ) . Attorney General Reno, said capital penalty is a hindrance, but there is non much research to back up Reno ‘s statement. A survey found that between 1965 and 1980, the slaying statistics in the United States jumped from 9,960 to 23,040 ( Lowe, 2010 ) . In 1960, there were 56 executings and in 1980, there were merely two executings. That is to state that as the slaying rates increased as the figure of executings decreased. Texas, a premier illustration, executes more liquidators than any other province. Since the decease punishment was reinstated, the slaying rate in Texas has decreased from 701 to 241 ( Lowe, 2010 ) . This shows that the decease punishment does in fact act as a hindrance. Harmonizing to John Lott, from the pro decease punishment web page, “ The media is a spot Johnny-come-lately in acknowledging all the research that has been done on the decease punishment over the last decennary, with nine of the 12 referenced academic surveies by economic experts happening that the decease punishment saves unrecorded ” ( Hall, 2010 ) . Based on this grounds the decease punishment is a consequence of belief and non based on statistical studies. There is still a quandary of whether the decease punishment acts as a hindrance because the information is excessively delicate. A survey done by John Donohue and Justin Wolfers in 2006 at the National Bureau of Economic Research is inconclusive. The research showed that the decease punishment “ may increase the slaying rate although it reA­mains possible that the decease punishment may deA­crease it. If capital penalty does diminish the slaying rate, any lessening is likely little ” ( Donohue and Wolfers, 2006 ) .

Another point against capital penalty is the cost. The decease punishment cost taxpayers more than life imprisonment without the possibility of word. John Bailey, Chief State ‘s Attorney in Connecticut, said “ Every dollar we spend on a capital instance is a dollar we ca n’t pass anyplace elseaˆ¦We have to allow the populace know what it cost [ to prosecute a capital instance ] ” ( DPIC, 2009 ) . A province spends excessively much money on capital instances due to the entreaties, lawyers, tests, jury choice, experts ‘ testimonies, informants, and captivity. The cost to maintain inmates on decease row is about $ 50,000 compared to the cost of maintaining inmates sentenced to life without the possibility of word which is $ 90,000 per twelvemonth per inmate. The cost does non include entreaties, testimony, informants, and tests. “ California ‘s current decease row population of 670 histories for $ 63.3 million yearly ” ( DPIC, 2009 ) . Maryland is a premier illustration of how much taxpayers spend per instance. Researchers found that if “ prosecuting officers did non seek the decease punishment because it will be Maryland taxpayers more than $ 1.1 million, including $ 870,000 in prison costs and $ 250,000 in costs of adjudication ” ( Roman, 2008 ) .

A capital-eligible instance in which prosecuting officers unsuccessfully sought the decease

punishment will be $ 1.8 million, $ 700,000 more than a comparable instance in

which the decease punishment was non sought. Prison costs are about $ 950,000,

and the cost of adjudication is $ 850,000, more than three times higher

than in instances which were non capitally prosecuted ( Roman, 2008 ) .

The money spent on decease punishment instances and maintaining captives on decease row increases the entire cost to taxpayers. The determination in every decease punishment instance is made by prosecuting officers, juries, and Judgess.

Agencies and Resources

There are two recommended processs for enforcing the decease sentence in capital instances. The two processs are “ bifurcation and the standards for steering the determination to enforce [ capital penalty ] ” ( Samaha, 2008, pg. 283 ) . “ Bifurcation [ requires ] that the determination of the decease punishment be decided in two stages ” ( Samaha, 2008, pg. 283 ) . The two stages are “ a test to find guilt and a 2nd separate proceeding, after a determination of guilt, to see the aggravating factors for, and extenuating factors against, capital penalty ” ( Samaha, 2008, pg. 283 ) . “ The standards for determination must be limited by the standards established and announced before the determination to condemn the suspect to decease ” ( Samaha, 2008, pg 283 ) .

Judges or juries where province jurisprudence authorizes Judgess to make up one’s mind,

hold to see worsening and extenuating factors before doing

their determination. They can non really enforce the decease punishment unless

they find one of the aggravated circumstancesaˆ¦and further discoveries

that there are no extenuating fortunes sufficiently significant

to name for lenience ( Samaha, 2008, pg. 283-284 ) .

The cardinal component in finding whether a suspect deserves the decease punishment or non is how the suspect ‘s attorney represents him/her. “ Almost all suspects in capital instances can non afford their ain lawyers. In many instances, the appointed lawyers are overworked, underpaid, or missing the test experience required for decease punishment instances ” ( DPIC, 2010 ) . There were attorneies stand foring suspects who were inexperienced, unprepared during tests, and have slept through tests. As a consequence, an experient lawyer is necessary in capital instances and he/she have the resources to carry through their client ‘s understanding. Illinois is a premier illustration of a province in which the prosecuting officer decides who will confront the decease punishment, “ who will acquire a supplication trade or even who may acquire a complete base on balls on prosecution ” ( Ryan, 2004, pg. 226 ) .

The following of import component in finding whether a suspect deserves the decease punishment is whether the test jury besides has the power to condemn the suspect to decease. During jury choice in capital instances the prospective jurymans must be “ decease qualified. ” The prosecution and the defence lawyers have to oppugn the jurymans about their cognition and ability to see both aggravating and mitigating fortunes and their willingness to enforce the decease punishment. The lawyers on both sides and the justice must find unambiguously that the sentence does non go against the suspect ‘s Eight Amendment rights. Worsening fortunes include: “ The slaying was committed by a inmate under sentence of imprisonment, ” “ At the clip the slaying was committed, the suspect besides committed another slaying, ” “ The slaying was committed for monetary addition, ” etcaˆ¦ ( Samaha, 2008, pg. 284 ) . Some mitigating fortunes consists are: “ The suspect has no important history of condemnable activity, ” “ The suspect acted under duress or under the domination of another individual, ” “ The suspect was [ of ] a immature age at the clip of the offense, ” etcaˆ¦ ( Samaha, 2008, pg. 284 ) . The jurymans in a decease punishment instance will take between a sentence of life without the possibility of word or a decease sentence.

Harmonizing to Franklin Zimring in his book The Contradictions of American Capital Punishment ( 2003 ) , the provinces besides decide what particular processs ( if any ) they will supply when a suspect faces the decease punishment. By the clip the sixtiess came about there were a figure of Constitutional challenges to capital penalty that were doing their manner to the Supreme Court. The two major instances sent to the United States Supreme Court which set case in points for provinces were Furman v. Georgia and Gregg v. Georgia ( Bedau, 2004 ) .

Harmonizing to Zimring ( 2003 ) , in Furman v. Georgia ( 1972 ) , the Court decided that “ leting juries in first-degree slaying instances to take between imprisonment and decease for convicted wrongdoers without any farther legal counsel was barbarous and unusual penalty forbidden under the Eighth Amendment ” ( Zimring, 2003, pp.70-71 ) . As a consequence of this determination decease punishment commissariats in every then-current province jurisprudence were struck down ( Zimring, 2003 ) and a de facto moratorium was placed on executings ( Bedau, 2004 ) . Harmonizing to Bedau ( 2004 ) , the Court ruled that the typical decease punishment legislative act was so arbitrary that states needed to remake their legislative acts if they wished to continue the decease punishment. This finally led up to the instance of Gregg v. Georgia ( 1976 ) four old ages subsequently and the eventual reinstitution of decease punishment executings.

Harmonizing to Bedau ( 2004 ) , in Gregg v. Georgia, the tribunal ruled that the decease punishment was non unconstitutional and needed set criterions and guidelines for provinces. This meant that the Court was doing an attempt to oversee the manner “ decease punishment provinces ” administered penalty, and it besides meant that they were redacting single provinces ‘ commissariats in the Torahs ( Bedau, 2004 ) . Harmonizing to Bedau ( 2004 ) , the lone decease punishment statutes to last Constitutional challenges were those that punished signifiers of homicide. Presently there are five authorised methods of executing that have evolved over clip. The United States soon uses hanging, gas Chamberss, firing squads, burning, and deadly injections.

There are merely 36 provinces still maintain the decease punishment including: Alabama, Arizona, Florida, Texas, and Washington. All 36 provinces have lethal injection. Harmonizing to the Death Information Center ( 2010 ) nine provinces including Alabama, Arkansas, and Florida usage burning. Two provinces, New Hampshire and Washington usage hanging. Arizona, California, Maryland, Missouri, and Wyoming usage gas Chamberss. Utah is the lone province that uses firing squad. If a province has more than one method of executing the inmate can take how to be executed. States with the decease punishment include: Alabama, Arizona, Florida, Texas, and Washington. Here are some provinces without the decease punishment: Alaska, Hawaii, Iowa, New York and Wisconsin. All provinces without the decease punishment have life without the possibility of word as replacements for the decease punishment. The decease punishment is non used for mental deceleration, child raper, and juveniles. In March 2005, the landmark instance, Roper v. Simmons, “ ruled that the decease punishment for those who committed their offenses at under the age of 18 was barbarous and unusual penalty and hence barred by the Fundamental law ” ( DPIC, 2010 ) .

Prior to the Supreme Court ‘s determination excluding the pattern, 19

provinces with the decease punishment did non let the executing of

juvenilesaˆ¦ [ Before ] 2005, 22 inmates were executed

in the modern epoch for offenses committed while under the age

of 18 ( DPIC, 2010 ) .

In 1997, the continued duty of the decease punishment on the mentally retarded and juveniles contributed to the America Bar Association ‘s call for a countrywide suspension on the decease punishment ( DPIC, 2010 ) .

For every province who allows watching an executing has its ain statute law supplying merely certain people to watch an executing. The United States carries out their executings “ behind prison walls with merely a little group of informants in attending ” ( Bonsor, 2001 ) . These are the people who are allowed to be present during an executing: “ relations of the victim ( s ) , relations of the captive, prison warden, medical forces, religious adviser ( s ) , prison guards, official group of ‘reputable citizens, ‘ official group of state-selected informants, and media representatives ” ( Bonsor, 2001 ) . Supporter of public executings believe that America should “ be able to see or hear what they have chosen ” ( Bonsor, 2001 ) . Some believed that public executings would discourage felons. Some say that public executings would be a lurid show. Public executings ended in 1936.

An overview of Capital Punishment

Capital penalty would impact condemnable justness bureaus on both macro and micro degrees because capital penalty does demo a hindrance in offense rates. However, capital penalty does non give satisfaction to the victim ‘s households and sometimes the tribunal system are naif and corrupt because they let captives who are decease row get their sentence cut down to life imprisonment. The parole board will sometimes parole the inmates out of prison due to the overcrowding in prison. Kenneth Allen McDuff is an illustration of an inmate who ab initio got sentenced to decease row, but subsequently reduced to life imprisonment because of the impermanent suspension of capital penalty in 1972. McDuff was subsequently paroled due to the overcrowded prison. Three yearss after McDuff was released from prison he began to kill once more. In 1992, McDuff was arrested in a landfill South of Kansas City. He was indicted on one count of capital slaying and on February 18, 1993. The jury sentenced McDuff to decease. McDuff was executed on November 17, 1998. “ Kenneth Allen McDuff is perfectly the most barbarous and barbarous person, and has perfectly no scruples, and enjoys killing ” ( Lowe, 2010 ) . McDuff killed at least nine people, likely more. “ If McDuff had been executed as agenda, no stating how many lives would hold been saved ” ( Lowe, 2010 ) .

When an inmate is executed, does the household have closure? Most of the clip put to deathing person does non convey closing because killing person does convey person back to life. However, some household members may take old ages to retrieve from the loss of a loved 1. Some household members may ne’er retrieve. Executing person has helped household members to achieve some sort closing. When an inmate gets life in prison they are still around to defile and tease other people in prison. Life in prison for a capital penalty that deserves the decease punishment is to acquire off easy. To be locked off in a universe in which drugs, intoxicant, arms, and corruptness exist. In a universe in which felons command our prison system is right under our olfactory organs in a broken construction. “ A decease sentence brings conclusiveness to a atrocious chapter in the lives of these household members ” ( Messerli, 2009 ) .

Capital penalty does so discourage offense based on the research worker ‘s consequences. Researchers looks at “ executings and homicides by twelvemonth and by province or county in order to calculate out the impact of the decease punishment on homicides by accounting for other factors, such as unemployment informations and per capita income, the chances of apprehension and strong belief and more ” ( Lowe, 2010 ) . A research worker, Naci Mocan, an economic science professor at the University of Colorado at Denver re-examined the 2006 consequences ( Lowe, 2010 ) . Mocan discovered that “ each executing consequences in five fewer homicides, and transposing a decease sentence means five more homicides ” ( Lowe, 2010 ) .

Decision

The development of the decease punishment is clearly evidenced by the motion from unbelievably violent and painful patterns to more acceptable humane methods. Possibly the newest moving ridge of development will be that of the abolishment of the decease punishment wholly. This is non excessively implausible seeing as there have ever been efforts to better the application of capital penalty. With the possibility of mistake and failed executings the greatest betterment may non be to farther humanise the methods of executing, but to come up with dependable options or acquire rid of the decease punishment wholly

Truly there are those who believe that the decease punishment should non be ; yet people and monsters such as Kenneth McDuff exist. A adult male who had a decease sentence suspended, and so released shows a great illustration of the province neglecting the community with safety and rational determinations ; monsters such as these should non be able to walk the streets of all time once more.

Public executings of the convicted liquidator would function as a reminder that offense does non pay. Public executings of felons seem an efficient manner to pass on the message that if you shed guiltless blood, you will pay a high monetary value… I agree… on the affair of answerability but besides believe such promotion would function to discourage homicide. ” Pojman

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