Faisal Alhajri
ENGL 191
12/09/13
Introduction
Every
society in the world has a criminal offender. These people cause terror in the
society, and most are a menace. Local authorities are given the mandate to
ensure such individuals are removed from the society by confining them in jail.
Different offences attract different crimes (Rashid, 2013). Minor offences
attract between six months to two years in prison while major ones can attract
between ten to twenty years. There are however, very serious crimes that send
people for life imprisonment or even capital punishment. Capital punishment has
attracted a lot of debate in many countries of the world. This has seen its
abolition in some countries; others are debating whether to do away with it
while others still maintain its use. This paper is going to look at whether
capital punishment should be abolished in United States of America.
What is capital punishment?
Capital punishment also called death sentence, it is a sentence that seeks
to end the life of a prisoner via the orders of a court (Rashid, 2013). Methods
used to execute it include hanging, use of lethal injection, shooting by a
firing squad, electrocution or being put in gas chambers with poisonous gases.
There is no specific procedure of carrying out this sentence with countries
practicing it using methods they deem fit for themselves. This punishment can
be public where members of the society are free to attend its execution or
private where only a select few have the right to attend. Capital punishment
has attracted debate from civil societies, non-governmental organizations and
other humanitarian bodies for its abolishment. This kind of punishment is said
to violate the fundamental human right of life thus its strong opposition.
Those who oppose it argue that they accept the fact that hard core criminals
should be totally removed from the society, but that does not mean to kill
them. Their right of life as provided by the constitutions of all countries
favors them in this. The alternative they prefer is life sentence where one
remains in jail until their death.
(1) Rashid,
A. (2013, 11 09). capital
punishment. Retrieved 11 21, 2013, from IndiaBix:
http://www.indiabix.com/group-discussion/capital-punishment-should-be-banned-or-allowed/
History of capital punishment in America
Capital punishment in America was guided by British laws. Some of these
laws were very harsh acting as a burden to citizens instead of something they
could use to control crime. A case in hand that shows how these laws were harsh
is imposing capital punishment on offences like stealing grapes, trading with
Indians and killing chicken. This was in the year 1612. However, as British
colonies (American States) gained independence, they adopted different laws
regarding capital punishment (Mercy, 2009). The American Bill of Rights
formally approved in 1791 sought out to control how capital punishment was
being used. This was achieved prohibiting cruel and punishment considered
uncommon in the eight amendments. This amendment limits the number of
crimes that would attract use of capital punishment. It also sought to control
the kinds of methods put in practice to perform the punishment as some were
regarded as too harsh. The most common was to administer this punishment was
hanging which was widely accepted and considered fair.
(2) Mercy,
M. (2009, 09 19). The U.S.
History of Capital Punishment. Retrieved 11 21, 2013, from Random History:
http://www.randomhistory.com/2009/09/19_capital-punishment.html
Early years of capital punishment in America
In the 1800s, protests started about the cruelty of
death sentence. This led to the review of the contents in the capital
punishment law. Hanging was also condemned and termed barbaric leading
advancing its science and medical field. By 1888, an electric chair made in New
York was developed for execution purposes where William Kemmler was the first
to experience it in 1890. On the other hand, Western States adopted gas
chambers as execution methods for death penalties. In the years that followed,
death penalty had been abolished in many states. In the 1960s, there were civil
rights movements that sought the total abolition of capital punishment. In
1972, a group of lawyers argued that death penalty was cruel, and unusual
punishment thus it was abolished by the Supreme Court (Mercy, 2009).This did
not last long as in 1976 death penalty was reinstated.
(3) Mercy, M. (2009, 09 19). The
U.S. History of Capital Punishment. Retrieved 11 21, 2013, from Random
History: http://www.randomhistory.com/2009/09/19_capital-punishment.html
Present state of capital punishment in America
In
the current era of the American governance, cases of capital punishment have
greatly reduced. This is due to the increase in campaigns against the
punishment. However, there are cases that are executed either in secrecy or
voluntarily. Voluntarily occurs when prisoners serving life sentences volunteer
for capital punishment. This is usually in a bid to get them out of misery in
prison. The reduction in capital punishment cases have earned America different
opinions with some applauding it while others saying it’s a means to save their
face while still practicing it in
secrecy.
What the American Government says about capital punishment
The
matter of death penalty is a sensitive one and any state official who is asked
to speak about it does so in the least words possible. This is in a bid to not
evoke uprising in this modern era. America is one of the most humanitarian
countries in the world yet there are still cases of death penalties being
executed (OSCE, 2010). It is also a country that has not declared capital
punishment as illegal and bans its execution. This is in comparison to 111
countries in the world that have done away with this punishment and are less
humanitarian compared to the United State of America. Due to this, the American
government has had to issue reports and its stand on the sentence.
(4) OSCE,
U. M. (2010, 02 10). United
States Policy Toward Death Penalty. Retrieved 11 21, 2013, from US-POLICY:
http://www.uspolicy.be/dossier/death-penalty-united-states-policy-toward-death-penalty-dossier
American Government report on capital punishment
The
United States Government points out that capital punishment in America is a
decision for governments elected in a democratic manner at the federal and
individual state levels. It further points out that this punishment is not
prohibited by international law nor does it go against any OSCE commitments (OSCE,
2010). The governments’ statement further elaborates that, American Citizens
have chosen to maintain the sentence. This is in states that have not banned
death sentence, by freely voting for their representatives who act and pass
laws on their behalf.
(5) (2)
OSCE, U. M. (2010, 02 10). United
States Policy Toward Death Penalty. Retrieved 11 21, 2013, from US-POLICY:
http://www.uspolicy.be/dossier/death-penalty-united-states-policy-toward-death-penalty-dossier
The
government explains that the American judiciary uses utmost care to bring to a
halt capital punishment use for extra-judicial killings or arbitrary manner.
The American Supreme Court says that capital punishment does not in any way go
against the American Constitution. It however points out that this sentence can
only be carried out subject to extensive due process and same amount of
protection demands and after carrying out exhaustive appeals. The court also
reminds people not to focus on the criminal offenders’ pleas but also what the
victims experienced and nature of crime. These statements from the American
Government and Supreme Court do not prohibit capital punishment but lays out
what should be done before it is executed.
(6) (2)
Rashid, A. (2013, 11 09). capital
punishment. Retrieved 11 21, 2013, from IndiaBix:
http://www.indiabix.com/group-discussion/capital-punishment-should-be-banned-or-allowed/
The opinion of America’s public on capital punishment
Citizens of America have been forced to air their views in a number of ways.
This includes protests, voting, and referendum among other avenues. Studies
done on American citizens regarding capital punishment show that majority of
the citizens support alternative punishments compared to death sentence.
Budgetary allocations also point out to the low support given to capital
punishment as it is the lowest prioritized in budgeting. A study conducted Lake
Research Partners; show that 61% of American citizens prefer alternative punishment
other than death penalty. 39% do not support death penalty but opt for life
imprisonment without parole and restitution to the victim’s family. 13% choose
no death sentence, but the criminal be life imprisoned. 9% dispel capital
punishment but are in favor of life imprisonment with the possibility of
parole(Reports, 2010). American law enforcers rank capital punishment as the
least of their priorities in the fight against crime. They say that death
sentence is a deterrent to murder, and it is a waste of taxpayers’ money in the
war against crime. They further say that capital punishment is not an effective
tool toward murder cases.
(7) Reports,
D. (2010, 11 16). Public
Opinion About the Death Penalty. Retrieved 11 21, 2013, from Death Penalty
Information Center:
http://www.deathpenaltyinfo.org/public-opinion-about-death-penalty
Statistics on capital punishment in America
In America the
state of Texas leads in executions with 474 executions since 1976, in
California there are more inmates on death row than any other state with 721.
Alabama on the other hand has 43 defendants on death row for every one million
individuals. 12 women have been put to death courtesy of capital punishment
since 1976. There are also more black individuals who have been executed than
whites.
Section of Americas’ population believes that previous cases of capital
punishment may have been unlawful. This is attributed to the rise of cases that
are proved to be wrong when judges have already passed their sentence. They
argue that if these unfortunate individuals would have been sentenced to death,
then innocent lives would have been taken. A major issue of concern is the
destruction of evidence that is associated with persons sentenced to death.
Their cases cannot be reviewed to determine the authenticity of their
judgments. The public feel this is destroying information that can prove the
judgments to be wrong. These actions also reduce the level of trust American
citizens have in courts handling death sentence cases. This show that most of
Americas’ population is against capital punishment.
(8) (3)
Mercy, M. (2009, 09 19). The
U.S. History of Capital Punishment. Retrieved 11 21, 2013, from Random
History: http://www.randomhistory.com/2009/09/19_capital-punishment.html
The American constitution on human rights and the
United Nations’ stand on capital punishment
A constitution is a body of laws that states the right and duties of
individual over which it has jurisdiction. The constitution is also the supreme
law of the land. This is what the constitution is to every country in the
world. Anything that is done contrary to it is deemed illegal and is punishable
by law. In the United States of America, the constitution point out that all
human beings, not regarding tribe, race, color, gender, class, among others has
the right to be life (Reports, 2010). The US Declaration states that; “we hold
these truths to be evident: That all men are created equal; that they are
endowed by their Creator with certain unalienable rights; that among these are
life, liberty, and the pursuit of happiness...” This is the stand that is supposed
to be taken on matters regarding human life as directed by both the
Constitution and Declaration.
(9) (2)
Reports, D. (2010, 11 16). Public
Opinion About the Death Penalty. Retrieved 11 21, 2013, from Death Penalty
Information Center: http://www.deathpenaltyinfo.org/public-opinion-about-death-penaltyt
The
United Nations, on the other hand, has a declaration called The UN Declaration
which states in part that; “everyone has the right to life, liberty and
security of person” (Affleck, 2011). In 2009, the top United Nations human
rights official called for the abolition of death sentence citing the
deprivation of fundamental human right to life, possible errors in sentencing
people to death, lack of proof that capital punishment serves as a deterrent to
murder and the vengeful character of the sentence(Affleck, 2011). The United
Nations says that 140 countries have abolished capital punishment and the 72
remaining nations that are duty-bound to not extradite people to nations that
they could be charged with capital punishment. United Nations acknowledge that
abolishing capital punishment in world nations is an optional step that should
be encouraged.
(10)Affleck, M. (2011, 02 08). The
US Constitution vs The Universal Declaration of Human Rights. Retrieved 11
21, 2013, from federalexpression:
http://federalexpression.wordpress.com/2011/02/08/the-us-constitution-vs-the-universal-declaration-of-human-rights/
From the American Constitution and declaration and the United Nations
declaration, it is evident that individuals have the right to life. These
individuals include criminals sentenced to death. This gives human activists
and the public a voice to lobby against the sentence. However, it is the
legislators who can do much to see the views of the public are considered or
met.
What the United Nations is doing to convince countries that still have
capital punishment in their laws to abolish it.
The
United Nation is trying to convince its member states to abolish capital
punishment by ting to gain support of the permanent members of the Security
Council and the great eight nations to throw their weight behind this course.
It is also puts the issue of capital punishment as one of its agendas in every
United Nation Security Council meetings. This is in a bid to raise awareness of
its stand of doing away with the sentence.
Comparison of capital punishment between China and
America
The United
States of America and The Peoples’ Republic of China are two countries that
still have not done away with capital punishment. They also execute more
prisoners compared to other nations practicing the same sentence. However, the
nature of crimes committed to call for such sentences is what differentiates
them. In America, capital punishment arise in-cases that involve murder or
those that cause great harm to individuals. In China, capital punishment is
applied where there is a severe implication of the crime on people (Joe, 2012).
This can be physical harm or either financial. In America financial offenses
only attract jail terms not capital punishment.
(11)Joe, O. (2012, 04 06). Comparison
of the Death Penalty: China vs United States. Retrieved 11 21, 2013, from
Prison Terms:
http://www.prisonterm.com/Comparison-Of-The-Death-Penalty-China-956317.html
Comparison of capital punishment between Sweden and
America
America and Sweden are two very different countries when it comes to
capital punishment. America still practices the punishment and is the
only country to do so in the continent of America while Sweden abolished
capital sentence 100 years ago. The methods of executing the sentence also
differ. While America used hanging by the rope in the period before 1910,
Sweden used the same means that is hanging but it was reserved by the then
commoners. The nobles were beheaded by their heads being cut with an axe
(Nylander, 2013). Today, 36% of Swedes think that there are crimes that ought
to be punished by capital sentence while the same percentage in America is
totally against the sentence.
(11)Nylander, J. (2013, 11 18). Sweden
enjoys 100 years without executions .
Retrieved 11 21, 2013, from The Swedish Wire: http://www.swedishwire.com/politics/7344-sweden-enjoys-100-years-without-death-penalty-
Conclusion
Capital punishment is a sentence that has to be abolished by individual
countries on their free will. This ensures that its practice ends in totality
and no secret sentences are executed. The United States of America is composed
of many states as its name suggests. Some of these states have abolished the
sentence while others have not. This makes America have some difficulty in
completely doing away with the sentence. It is therefore the responsibility of
the devolved governments making up America to ban capital punishment thus
removing America from the list of countries practicing capital punishment.
References
Joe, O. (2012, 04 06). Comparison of the Death Penalty:
China vs United States. Retrieved 11 21, 2013, from Prison Terms:
http://www.prisonterm.com/Comparison-Of-The-Death-Penalty-China-956317.html
Mercy, M. (2009, 09 19). The U.S. History of Capital
Punishment. Retrieved 11 21, 2013, from Random History: http://www.randomhistory.com/2009/09/19_capital-punishment.html
Nylander, J. (2013, 11 18). Sweden enjoys 100 years without
executions . Retrieved 11 21,
2013, from The Swedish Wire:
http://www.swedishwire.com/politics/7344-sweden-enjoys-100-years-without-death-penalty-
OSCE, U. M. (2010, 02 10). United States Policy Toward Death
Penalty. Retrieved 11 21, 2013, from US-POLICY:
http://www.uspolicy.be/dossier/death-penalty-united-states-policy-toward-death-penalty-dossier
Rashid, A. (2013, 11 09). capital punishment. Retrieved
11 21, 2013, from IndiaBix: http://www.indiabix.com/group-discussion/capital-punishment-should-be-banned-or-allowed/
Reports, D. (2010, 11 16). Public Opinion About the Death
Penalty. Retrieved 11 21, 2013, from Death Penalty Information Center:
http://www.deathpenaltyinfo.org/public-opinion-about-death-penalty
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