Friday
Apr182008
Death penalty should be abolished
Friday, April 18, 2008 at 12:08AM
From the Observer
David Gasser, Columnist
Criminals' rights have been controversial throughout this country's history, but nothing has spurred more debate in the United States than capital punishment. In our Constitution, the Eighth Amendment gives all citizens the right to be free of "cruel and unusual" punishments. The 14th Amendment guarantees "equal protection of the laws" to everyone. Neither promise can be fulfilled until the death penalty is abolished.
The history of the death penalty in the United States over the past few decades has been a turbulent one. In 1972, the Supreme Court effectively ruled the use of the death penalty unconstitutional. They held that the justice system of the time led to an inherently unfair application of capital punishment. Then, only four years later, the Court reversed its ruling after a number of improvements to sentencing rules. But even today, there are many lingering questions.
Our government has executed over 1000 people since 1976. Thirty-four percent of these people were black and 57 percent were white. Of victims in cases where the defendant was given the death penalty, 14 percent were black and 79 percent were white. In cases of interracial killings where the defendant was given the death penalty, 93 percent involved a black defendant and a white victim. Currently, 42 percent of death row is black and 45 percent is white. For some comparison, the U.S. population is approximately 80 percent white and only 13 percent black. Violent crime occurs at a rate of 13.6 per 1000 individuals against blacks, whereas it is only a rate 6.8 per 1000 against whites. The race of the defendant is a better predictor of application of the death penalty than many other factors in capital sentencing, such as murder while committing another felony, murder with multiple wounds, or murder causing great fear or pain. And until recently, it was still legal to give the death penalty to juvenile and mentally challenged criminals. Is this justice in America?
Even though polls consistently show a majority of Americans in favor of capital punishment, the sentiment of the international community is overwhelmingly opposed to it. Around the world, 134 countries have eliminated capital punishment or have not used it within the past decade – only 64 retain the death penalty. And unfortunately, only five countries consistently outrank the United States in number of executions: Sudan, Iraq, Pakistan, Iran, and China – an elite club for sure.
Confidence in the results of trials can often be placed in doubt. Since 1973, 128 death row inmates have been exonerated using DNA evidence and other new forensic science techniques. Until we are certain that the convictions given by our justice system are as final and definite as the death penalty itself, we should not take another life in the name of justice.
As great as our justice system is, it is still imperfect. Mistakes are made, unjust convictions happen, and the limits of human judgment prevent absolute certainty. As our court system and the public slowly continue to question capital punishment, I am hopeful that we will eliminate this barbaric practice once and for all. The "evolving standards of decency" that accompany any progressive society should guide our country to the abolition of the death penalty. [MORE]
David Gasser, Columnist
Criminals' rights have been controversial throughout this country's history, but nothing has spurred more debate in the United States than capital punishment. In our Constitution, the Eighth Amendment gives all citizens the right to be free of "cruel and unusual" punishments. The 14th Amendment guarantees "equal protection of the laws" to everyone. Neither promise can be fulfilled until the death penalty is abolished.
The history of the death penalty in the United States over the past few decades has been a turbulent one. In 1972, the Supreme Court effectively ruled the use of the death penalty unconstitutional. They held that the justice system of the time led to an inherently unfair application of capital punishment. Then, only four years later, the Court reversed its ruling after a number of improvements to sentencing rules. But even today, there are many lingering questions.
Our government has executed over 1000 people since 1976. Thirty-four percent of these people were black and 57 percent were white. Of victims in cases where the defendant was given the death penalty, 14 percent were black and 79 percent were white. In cases of interracial killings where the defendant was given the death penalty, 93 percent involved a black defendant and a white victim. Currently, 42 percent of death row is black and 45 percent is white. For some comparison, the U.S. population is approximately 80 percent white and only 13 percent black. Violent crime occurs at a rate of 13.6 per 1000 individuals against blacks, whereas it is only a rate 6.8 per 1000 against whites. The race of the defendant is a better predictor of application of the death penalty than many other factors in capital sentencing, such as murder while committing another felony, murder with multiple wounds, or murder causing great fear or pain. And until recently, it was still legal to give the death penalty to juvenile and mentally challenged criminals. Is this justice in America?
Even though polls consistently show a majority of Americans in favor of capital punishment, the sentiment of the international community is overwhelmingly opposed to it. Around the world, 134 countries have eliminated capital punishment or have not used it within the past decade – only 64 retain the death penalty. And unfortunately, only five countries consistently outrank the United States in number of executions: Sudan, Iraq, Pakistan, Iran, and China – an elite club for sure.
Confidence in the results of trials can often be placed in doubt. Since 1973, 128 death row inmates have been exonerated using DNA evidence and other new forensic science techniques. Until we are certain that the convictions given by our justice system are as final and definite as the death penalty itself, we should not take another life in the name of justice.
As great as our justice system is, it is still imperfect. Mistakes are made, unjust convictions happen, and the limits of human judgment prevent absolute certainty. As our court system and the public slowly continue to question capital punishment, I am hopeful that we will eliminate this barbaric practice once and for all. The "evolving standards of decency" that accompany any progressive society should guide our country to the abolition of the death penalty. [MORE]
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