Capital Punishment is a legal execution by the
government body to put someone to death when one commits a crime. For
simplicity, it means death penalty. However, there are many factors which make
us question the purpose of capital punishment. According to National Coalition
To Abolish The Death Penalty (NCADP), evidence has come to light that indicates
that four men may have been wrongfully executed in recent years for crimes they
did not commit - an error rate that is appalling and unacceptable when talking
about life and death. Bureau of Justice Statistics showed that since 1977, the
number of blacks and whites that have been the victims of murders are almost in
equal numbers, yet 80% of the people executed in that period were convicted of
murders involving white victims. National Coalition To Abolish The Death
Penalty (NCADP) showed that scientific studies have consistently failed to
demonstrate that executions deter people from committing crime any more than
long prison sentences. Moreover, states without the death penalty have much
lower murder rates. Capital punishment should be abolished due to wrongful
execution, discrimination and deterrence.
There have been many cases of wrongful executions that
are caused by misconduct of forensic science. According to
innocenceproject.org, Chicago lab technician, Pamela Fish, testified for the
prosecution about false matches and suspicious results in the trials of at
least eight defendants who were convicted, then proven innocent years later by
DNA testing. To think that scientific evidences are the most solid evidences to
determine one’s innocence or guilt, this is an appalling number of false convictions.
If nobody were to reinvestigate these cases, the ‘criminals’ would have never
gotten their due innocence back even after they were sentenced. DNA
exonerations and new evidence in other cases had shown that F. Zain, former
director of the West Virginia state crime lab, had fabricated results, lied on
the stand about results and wilfully omitted evidence from his reports when
testifying in court trials during his career. One of the victims of such misconduct
was C. Jones who was convicted in 1989, for shooting a liquor-store owner and
was executed in 2000 based on the only physical evidence found at the crime
scene – a strand of hair. In 2007, the Innocence Project, along with the Texas
Observer, the Innocence Project of Texas and the Texas Innocence Network filed
a lawsuit to obtain the hair for DNA testing. It was then later revealed that
the strand of hair found at the scene did not belong to Jones. Such mistakes by
the court is disturbing, thinking that the state had sentenced an innocent to
death while the real perpetrator has the innocent taking the blame for him
while he runs scot-free endangering others’ lives out there. A two-year
investigation of the Houston Police Department, completed in 2007 showed that
evidence in that lab was mishandled and results were misreported, in which the
final report cited approximately 600 cases where DNA and serology, or
blood-typing, evidence in convictions needed to be reviewed. This is more
evident in the past when advanced scientific technology is not yet prevalent or
invented, making the “experts” more prone to mishandle or misinterpret
specimens of evidence in the crime scene and eventually leads to the wrong
execution of innocent people. Thus, capital punishment should be abolished.
Another wrongful execution of innocents would be due
to false confessions provided by witnesses. According to Innocence Project, in
16%, or forty cases, innocent defendants falsely confessed. All but two of the
40 who falsely confessed were said to have confessed in detail. Their confessions
were contaminated; of those who confessed: fourteen had low IQs or
developmental disabilities; three more (at least) were mentally ill and thirteen
were juveniles. In 2009, there had been 22 new cases of DNA exonerations of
people wrongly convicted. The overall total is 258, and the Innocence Project
reports that roughly 25% had given false confessions. One of such cases was E.
J. Lloyd who was convicted in 1984 for murder of a 16-year-old girl in Detroit.
During several interviews, police fed details of the crime to Lloyd, who was
mentally ill, and convinced him that by confessing he was helping them “smoke
out” the real killer. Lloyd eventually signed a confession and gave a
tape-recorded statement and only then in 2002, DNA testing proved that Lloyd was
innocent. Sometimes, law enforcements use harsh interrogation tactics such as coercion
with uncooperative suspects. However, some police officers, when are convinced
of a suspect’s guilt would occasionally use tactics so persuasive that makes an
innocent person feel compelled to confess. Some suspects have confessed to
avoid physical harm of discomfort while others are threatened that they would
be convicted with or without a confession, and that their sentence will be more
lenient if they confess. Some are even told that a confession is the only way
to avoid the death penalty. Such interrogation techniques often leave suspects,
whether innocent or guilty as well as witnesses to feel mentally exhausted or
develop a sense of belief that they can only be released if they comply and
answer to whatever is expected to them. In addition, if someone were to
rephrase the questions in such a way that causes the person being interrogated
to misinterpret the question and in turn, develop misinformation effect of
recalling false events, it may be life-costing instead of helping in proving
their innocence. Hence, capital punishment should be banned so as to prevent
grave mistakes of wrongful executions and to have a chance of exonerating the
innocents.
Capital punishment convicts whoever commits a sinuous
crime, however, there have been cases of discrimination and one of such is race
discrimination. Louisiana Law Review (2011) by Pierce & Radelet revealed
that in Louisiana, the odds of a death sentence were 97% higher for those whose
victim was white than for those whose victim was black. Another report based on
the same authors, in Santa Clara Law Review (2005) discovered that in
California, those who killed whites where over 3 times more likely to be
sentenced to death than those who killed blacks and over 4 times more likely
than those who killed Latinos. These statistics show a sense of racial bias in
which the colored – who represent only around a quarter of the whole United
States (U.S) population, comprise 43% of the total executions since 1976.
Hence, letting people to start raising doubts over the capital punishment
system of whether or not these people were convicted based on the level of
seriousness of the crimes they committed or were they sentenced to a death
penalty based on their skin colour.
The purpose of capital punishment is to punish whoever
commits a crime, however it is revealed that capital punishment has no
beneficial effects on deterring crime rates. U.S. Attorney General J. Reno
(2000) claimed that “I have inquired for most of my adult life about studies
that might show that the death penalty is a deterrent. And I have not seen any
research that would substantiate that point.” New York Times survey conducted
by R. Bonner & F. Fessenden, called Absence of Executions (2000)
demonstrated that the homicide rate in states with capital punishment have been
48% to 101% higher than those without the death penalty. It is reported that
ten out to twelve states without the death penalty have homicide rates below
the national average, whereas half of the states with the death penalty have
homicide rates above. Statistics provided by the deathpenaltyinfo.org also
proved that the murder rates in non-death penalty states has remained
consistently lower than the rate in states with the death penalty and the gap
has been growing since 1990. This is because those who commit serious crimes
such as murder do not consider the consequences of their actions. Most either
do not expect to be caught because they have planned well ahead to come out
with possible alibis and covering up of any evidences that might be found,
before deciding to take actions, or the opposite of not carefully weighing the
seriousness of crime they are about to commit as well as the consequences between
a possible execution and life in prison before they act. Moreover most who
belong to the latter, such commit murder in the spurt of a moment especially
when one is blinded with anger or when they are in the midst of drug abuse where
they cannot take full control of their mind and be fully responsible of their
own actions.
Capital punishments may seem like a ‘powerful’
punishment to deal with criminals that commit grave crimes, however many
factors have led people to doubt on its worth as there have been rising cases
of wrongful executions of innocents due to misconduct of forensic science and
false confessions by defendants, a sense of racial discrimination against the
coloured and lastly, capital punishment have not proven its effectiveness in
curbing crime rates. Capital punishment is an imperfect justice system where
the defendants are given minimal legal attention by often lesser qualified
individuals as whatever they say become heavily suspicious and unconvincing due
to the crimes they were charged to have committed. Some would blame the court
system rather than death penalty itself for the problems; it is intolerable to
have performed any mistakes that would inevitably cost someone else’s life,
particularly the innocent. Moreover, while the victim’s family are forced to
suffer a loss of a closed one, by with capital punishment, it extends out to
the defendant’s family to suffer as well. So why double the suffering? Instead
of capital punishment, life imprisonment is a worse punishment and a much more
effective deterrent. In fact, death penalty may be too good a punishment to
those criminals as they would be executed thus ending their sufferings almost
instantaneously. With life imprisonment, prisoners are confined in cells most
of the time for the rest of their lifetime where the guilt, remorse and pain
goes on for decades.
References:
Deterrence: States Without the Death Penalty Have Had
Consistently Lower Murder Rates | Death Penalty Information Center. (n.d.).
Death Penalty Information Center. Retrieved December 23, 2012, from http://deathpenaltyinfo.org/deterrence-states-without-death-penalty-have-had-consistently-lower-murder-rates#stateswithvwithout
Deterrence. (n.d.). NCADP - The National Coalition to
Abolish the Death Penalty. Retrieved December 23, 2012, from http://www.ncadp.org/index.cfm?content=25
Facts & Figures. (n.d.). NCADP - The National
Coalition to Abolish the Death Penalty. Retrieved December 23, 2012, from http://www.ncadp.org/index.cfm?content=5
Facts about the Death Penalty. (n.d.). Death Penalty
Information Center. Retrieved December 23, 2012, from http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
Racial Bias. (n.d.). NCADP - The National Coalition to
Abolish the Death Penalty. Retrieved December 23, 2012, from http://www.ncadp.org/index.cfm?content=19
The Innocence Project - Understand the Causes: False
Confessions / Admissions. (n.d.). The Innocence Project - Home. Retrieved December
23, 2012, from http://www.innocenceproject.org/understand/False-Confessions.php
The Innocence Project - Understand the Causes:
Forensic Science Misconduct. (n.d.). The Innocence Project - Home. Retrieved
December 23, 2012, from http://www.innocenceproject.org/understand/Forensic-Science-Misconduct.php