Death Penalty

By Author: Jenifer Brown
Total Articles: 29
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Introduction
Death penalty, at times called death sentence, or execution is a capital punishment of a condemn criminal by a state as a punishment for crimes committed which are termed as capital offence or crimes. Historically, death sentence of criminals and also political opponents have been used in many societies as a punishment for crimes and also to suppress political opponents. Among many countries over the world, in Europe, and many countries of pacific area which includes Australia, Timor Leste, New Zealand and Canada have abolished death penalty. Other countries still have the law but hardly apply it or use in exceptional circumstances for example as treason these countries includes brazil. In America, the federal government and 36 of its states still retain death penalty laws. (Scott, 1950)
Interviews of four peers and their stance on the death penalty

Unfairness:
In an interview with Mr. Gerald Yorke a human rights activists concerning death penalty. An interview question: What is your stand on the death penalty sentence? Was asked, his replies were; it is unfair especially as the, the mentally ...
... sick, the poor, males, and the racial minorities are over represented among those who are executed. He pointed out that according to one pilot research done by U.S. General Accounting Office (1990), more than 2 dozen of criminals convicted for death row were found to have been seriously abused in their childhood that, they most likely all suffered brain damage. The report also stated that women who are convicted of murder are nearly never executed; death penalty seems is almost wholly reserved for men only. Gerald also observed that in 1986 study carried out in Georgia revealed that people who killed whites were four times more likely to be sentenced to death than convicted killers of non-whites. Basing on this studies Gerald Yorke underscored that the penalty law was unfair and since it targeted the poor, male and even the sick. Death penalty needs to be abolished completely; the following are my points of rejection;
More than often defense lawyers are incompetent; at times judges appoint friends or their political associates. On other occasions competent lawyers are not willing to accept capital crime case for the reason that of poor compensation paid.
Unrestricted discretion is given to district attorney in deciding if to seek the death penalty or not. Those who are poor and minority group members are more possible to be targets because of chauvinism and bigotry.
Jurors, who probably support the death penalty, except have reservation about its application, are removed from jury task.
Often jurors are not offered the alternative of a life-without-parole sentence in capital cases. The appeal procedure has become burdensome, if not possible, procedures. The whole process appears designed to speed up cases along instead of granting justice.
Following such flawed process regarding the justice of convicted and even death penalty sentenced convicts it is clear that the whole process most of the time is unjust and unfair thus death penalty should be reviewed at it does not bring justice or even prevent crime. This was the closing words of Mr. Gerald Yorke.
Interview with Mr. Peter Abrahams, church elder
What is your stand on the death penalty sentence? This is the interview question that was posed to Mr. Peter Abrahams who is local church elder in Georgia.

This was answer was;
It is wrong and need to be abolished. The value of human life is so intrinsic and even if a criminal has committed murder he should not be killed. Death penalty abuses the sacredness of the life. Any one's life is so precious that even the state should not kill any one. So my stand on the issue is that it should not be practiced here and anywhere else.
Interview with Janet Anderson court prosecutor
When the same question; what is your stand on the death penalty sentence? Was asked to Janet Anderson a court prosecutor in Georgia her replies were as follows;
It is unfortunate but necessary; death penalty should continue to be applied as a way of getting rid of hardcore criminals who murder innocent children, women and men. Such people do not have any dignity for life and should face the same fate. It will help in sending a strong message to other murders the consequences of taking away someone's life. Even though many studies show that capital punishment do not end crime but may be it controls reduces or deters other with same intentions. Just like Micheal (1996) said It is by exacting the highest penalty for the taking of human life that we affirm the highest value of human life. Those were the final remarks from Janet Anderson

lnterview with Kim Terry an economist
When the same interview question; what is your stand on the death penalty sentence? Was asked to Kim Terry; His replies are stated below; death penalty should continue being there, through such punishment justice and vengeance is achieved to those who lost their beloved ones in cases where there are murdered purposely or killed without any reason. Some crimes that these criminals commit are so heinous that they only should be executed. Imagine cases of serial killing, or cold blooded murder or raping a young child and then killing her, such crime call for capital punishment. For such I strongly feel that death penalty should continue being in the law and used, though of course such case have to be handled with care and just.
Recent Summaries of the Results of Federal Capital Prosecutions
Of 2,545 possible death penalty eligible defendants in the last 19 years in America, the Department of Justice has only sought death penalty against 431 of the total. Out of that number, only 59 have been sentenced to death. (Marcia, 2007)
Ever since 1988 when the federal government went back into the capital punishment business in, attorneys general have in the past authorized 420 prosecutions, this is according to records in the Federal Death Penalty Resource Counsel Project: the records shows180 cases in the 1990s, averagely 18 per year, and 240 cases since 2000, averagely 40 per year, many are attributed to the Bush administration. Out of the 420, authorized prosecutions, 162 really achieved trial and sentencing. The outcome was that, Juries passed 105 life sentences as well as 57 death penalties. Since 2001, when Bush administration started, there have been total 32 federal defendants punished with death. (Marcia, 2007)

(Source: Bureau of Justice Statistics, yearly "Capital Punishment" reports).
Of a total of 382 defendants, cases approved by Attorneys General for capital punishment since 1988:
3 executed
44 were sentenced to death sentence and currently are awaiting on appeal or on post conviction
1 received clemency
1 awaiting retrial or re-sentencing after reverse on appeal
95 were sentenced to lower sentence than death
2 death sentence given up and demand for the death penalty removed
15 were acquitted or their charges were dismissed
15 were released after judge notice
38 requests for death penalty removed prior to or at trial
100 cases discontinued by the government owing to a plea deal
3 committed suicide/died before sentencing
3 got a lesser incorporated conviction
62 awaiting or currently on trial for capital charges
382 - Total
Source: Federal Death Penalty Resource Counsel Project (June 28, 2006)
Conclusion
Death penalty is an extremely contentious issue in some societies. Supporters of death penalty argue that it puts off crime, stops recidivism, and is a proper manner of punishing those who commit crime of murder. Hugo, (1991) sates that on the contra opponents of death penalty argue that it does not prevent criminals just as life imprisonment doesn't, it violates human rights, at times leads to deaths of some who are erroneous convicted, and it discriminates against the minorities and also the poor. Thus it is important to review the current law on death penalty though it is clear that the contentiousness of the issue will continue.

Reference:
Avery J.J (1961): Capital Punishment: A World View. New York: Thomas Nelson, 1961.
U.S. General Accounting Office (1990): Death Penalty Sentencing: Research Indicates Pattern of Racial Disparities. Washington, D.C.: General Accounting Office, 1990
Hugo, A (1991): The Decline of Executive Clemency in Capital Cases." New York University Review of Law & Social Change 18, no. 2 (1990-1991): 255-272.
Marcia C, (2007): capital punishment review in the past and present; and National Law Journal, April 30, 2007).
Micheal. D (1996): Justice in the Shadow of Death: Rethinking Capital and Lesser Punishments. Lanham, Md.; Rowman & Littlefield,
International Commission of Jurists (1996): Administration of the Death Penalty in the United States. Geneva: International Commission of Jurists,
Scott, G (1950): The History of Capital Punishment. London: Torchstream Books, 1950.

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