
Capital Punishment
Capital punishment is defined as the legally sanctioned method adopted by the judicial system by which to retaliate and punish those who commit crimes, with an emphasis being made on crimes of a brutal or heinous nature (Grant, 2004).
Origins and Historical View of Capital Punishment
Capital punishment has served as the tool upon justice has been meted out for centuries (Death Penalty Information Center, 2007). With origins that date back to before Christ. According to the New World Translation of the Holy Scriptures (1984) God’s law, as recorded at Matthew 5:21, states that whoever commits murder is accountable to the courts of justice; which in essence is summed up at Matthew 5:38 as an eye for and eye and a tooth for tooth. Moving farther ahead in history, capital punishment continued to influence the justice system of that time period (Death Penalty Information Center, 2007) with the death penalty playing an integral role during the Fourteenth Century B.C.'s Hittite Code as well as the Seventh Century B.C.'s Draconian Code of Athens, where all crimes were punishable by death. However, a period of evolution would occur during the reign of King Hammaurabi of Babylon, it is then that the first established death penalty law would come into effect, a law which codified the death penalty for only 25 different crimes punishable by death (Death Penalty Information Center, 2007).
During the late eighteenth century controversy regarding the use of capital punishment would begin to take root (Lund, 2002) as the invention of prisons would provide an alternative for the incarceration of criminals of a dangerous nature. The institution of capital punishment was one of most popular adoptions of the British Common Law (Liptak, 2002) which was brought with the European settlers to the New World. However, as the country and its people advanced, degrees of murder were developed that established suitable punishment in accordance with the crime, this occurred during the period between the American Revolution and the Civil War (Grant, 2004).
This stance on the issue was reached as compromise between both the proponents of capital punishment and those in opposition (Grant, 2004). According to Liptak (2002) the debate over capital punishment continued from the Civil War up until the 1960’s when the abolition of capital punishment occurred in many states. Because genuine consensus on its abolition never developed several states did away with capital punishment and subsequently brought it back (Lund, 2002).
This stagnated period would be short-lived as capital punishment would once again re-enter and take a foothold in the judicial system; by the 1960’s the role of the federal appellate courts had expanded, which now applied the federal Bill of Rights to criminal proceedings involving capital crimes at the state level (Grant, 2004). Prohibition against cruel and unusual punishment came under attack concurrently with that of capital punishment and resulted in its repeal between 1968 and 1976 during which no executions were carried out (Grant, 2004). Having issued a moratorium on executions between 1972 and 1976, the Supreme Court demanded that states develop procedures for ensuring that the use of capital punishment would be reserved for the worst offenders (Liptak, 2007). The revival of capital punishment in 1976 would be met with enthusiasm in some states more so than others; the renewed interest from those states in supporting of capital punishment, would result in an enormous increase in executions with appropriately 563 executions of which approximately one-third were carried out in the state of Texas alone (Grant, 2002).
Capital Punishment
The issue of capital punishment has and continues to be one the most debatable topics of the past two decades (Katz, Levitt, & Shustorovich, 2003) having stirred the emotions and intellect of many along the way, viable solutions continue to be unattainable between the two camps.
The proponents of capital punishment believe that its use is both morally and constitutionally justified (Satris, 2004). It is their belief that certain criminal acts demand death; therefore criminals engaging in these acts should pay the ultimate penalty; death (Satris, 2004). Satris (2004) continues to lend to the argument with the thought that capital punishment is designed to eliminate private vendettas and personal vindictiveness, the intent of the state is to support law and order and to protect its citizens from coming to harm at the hands of wrongdoers. Of course the long standing argument of deterrence continues to serve as an often used reason for the maintenance of capital punishment.
Moral justification according to Immanuel Kant supported this line of thought by stating that were a society to be dissolved, the last murderer remaining in prison would first have to undergo execution, lest the inhabitants become blood guilty in their mishandling of justice (Potter, Jr., 2002) and be regarded as collaborators in its public violation. Additionally, the bible verse, located at Matthew 5:38, which states “an eye for an eye” is often quoted as the basis upon which to morally justify the usage of the death penalty. Supporters of capital punishment apply this scripture in a literal sense as a means to justify its usage. The constitutional justification of capital punishment lends to the belief that the state as the enforcers of the law should be able to apply this measure equitably and without prejudice in their efforts to protect its citizens from criminals and would be criminals (Satris, 2004). The basis of the deterrent factor is designed to provide potential criminals with a warning, designed to appeal to their sense of self preservation (Rubin, 2002).
In spite of the gravity of this conundrum, Satris (2004) offers a bit of humor on this paradox in the form of a little joke. A Texan tells a visitor that in the old days the local punishment for horse stealing was hanging. The visitor is shocked. “You used to hang people just for taking horses?” “Nope, says the Texan, horses never got stolen.”
In taking an opposing view, the opposition takes the utilitarian stance, in the form of alternative methods designed to provide an equal measure of safety to citizenry (Ferrall, 2002). In so doing, the opposition addresses the issues of moral and constitutional justification from a more conservative vantage point.
With regards to moral justification, in contrast to the beliefs held by the proponents of capital punishment in the face of the bible application of “an eye for an eye”, the opponents expound on the scriptural support, by further investigation of biblical view. The information provided at James 2:3, offers this counsel, “for the one that does not practice mercy, will have his judgment without mercy, mercy exalts triumphantly over judgment” (New World Translation of the Holy Scriptures, 1984). Additionally, cruel and unusual punishment, which is prohibited by the Eighth Amendment, is supported by information gained by researchers from the toxicology report of executions from four states; these reports indicate that sufficient dosage of the initial drug (sodium pentothal- an anesthesia used to induce sleep) were not utilized to guard against awareness. In essence, the individual being executed was possibly awake and no one was able discern the individual’s wakefulness due to the pancuronium bromide which is used for paralysis (The Lancet, 2005) during the procedure.
Constitutionally speaking the opponents of capital punishment acknowledges that it is both legal and lawful; however, they question its effectiveness as a deterrent (Katz, Levitt, & Shustorovich, 2003). Satris (2004) appeals to readers by using the parable of the execution of the eighteenth century English pickpocket. Consider the example of the failure of deterrence that occurred in England when public hanging was the punishment for the crime of pick pocketing. Professional pick pockets undeterred by the activity on the gallows, circulated among the crowd of spectators, aware that a good time to pick pockets was when everyone’s attention was focused on something else- in this case, when the rope tightened around the neck of the convicted pick pocket. Lund (2002) states that while deterrence is believed to be an adequate rationale for punishing criminals, the certainty of this belief remains unproven; and does not appear to deter crime any more than does incarceration. Therefore it is believed by the opposition that the institution of prison systems (i.e. life sentences) offers a viable alternative to that of capital punishment (Tucker, 2007).
Miscarriages of justice have also become an issue that influences the oppositions stand on capital punishment (Roberts, 2005) the accumulating evidence suggests that not only is capital punishment unfairly administered, but has also resulted in the execution of innocence. Because of the fact that DNA testing has resulted in the exoneration of 120 people in 25 states ((Tucker, 2007) not including the hundreds that have been exonerated of lesser crimes, then more the reason to re-evaluate the use of a punishment that renders such irrevocable finality.
Johnson & Johnson (2001) addresses the discriminatory practices behind the act itself, by postulating that capital punishment in the United States is meted out in an economically and discriminatory manner. Statistical studies points (Satris, 2004) out that a black man that murders a white has a much greater chance of receiving the death penalty than he would have had his victim been black. This discriminates against black victims of murder so that they are not as fully or as often vindicated as white victims (Satris, 2004).
Capital punishment, although, believed to be as heinous in many ways as the crime committed, has been around for years. The original purpose of so harsh a manner of justice was provided as a measure by which to deter crime. The human race has over the years progressed from a society that once utilized this measure of justice for all criminal activity. However, mankind has evolved to the point of carrying out these sentences for only truly heinous acts. The institution of the prison system has served to nullify its usage to some degree, by the imprisonment of criminals for more minimal crimes against humanity.
Has capital punishment deterred criminal activity? Definitely not, research has been unable to ascertain the extent to which capital punishment does or does not deter criminal activity. The prisons remain full to capacity with more and more being tried and convicted of brutality every day. Given this, it can be argued that capital punishment does not deter brutality, especially in the case of crimes of passion. Two intoxicated individuals become incensed in a heated brawl. One grabs a gun and fatally wounds the other, under these circumstances can it be said that the individual that shot the gun was thinking in terms of capital punishment and would he had been deterred by 20 years incarceration (Satris, 2004). In light of the information gained via the extensive consideration of research, a more effective approach must be found other than that of capital punishment. From a moral standpoint, the bible does not condemn the use of capital punishment; however, it provides humankind with the option of behaving in a merciful way toward one’s persecutor.
A life sentence can serve equally to deter criminal behavior and if not it can and does alleviate the potential of the criminal being freed. There are many viable instances of wrongful deaths, discrimination, and the inequitable carrying out of justice that reinforces the questionable usage of capital punishment.
While the death penalty may have some merit, given the ineptitude of man thus far to determine the fate of another in a nondiscriminatory manner, the writer believes that progress to this end has not provided mankind with the ability to carry out this measure of justice. Just as the taking of life of an innocent bystander by that of a criminal is unjust, so to is the destruction of the life of the wrongfully accused.
Until such time as the judicial system can determine the unquantified guilt of a criminal without possibility of error, a life sentence as an alternative to capital punishment will suffice. According to Perlman (1998) “taking a life, in any circumstance, is a solemn and dangerous action, with repercussions that affect the entire fabric of our moral standards and decisions.”
References
Death Penalty Information Center. (2007). Introduction to the Death
Penalty.
http://www.deathpenaltyinfo.org/Ferrall, B. (2002). The Death Penalty: An American History. Journal of Criminal Law &
Criminology, 93(1), 299-300.
Grant, R. (2004). Capital Punishment and violence. The Humanist, 64(1), 25-29.
Johnson, J., & Johnson, C. (2001). Poverty and the Death Penalty, Journal of Economic
Issues, 35(2), 517-523.
Katz, L., Levitt, S., & Shustorovich, E. (2003). Prison Conditions, Capital Punishment,
and Deterrence. American Law and Economics Review, 5(2), 318-321.
Liptak, A. (2007). The Death Penalty Debate. New York Times Upfront,
139(9), 10-17.
Lund, N. (2002) Capital punishment in America. Public Interest, 149, 122-128.
New World Translation of the Holy Scriptures. (1984). Brooklyn, NY:
Watchtower Bible and Tract Society of New York, Inc.
Perlman, L. (1998). Killing by any other name: Taking a life is a solemn and dangerous
act, no matter what you call it. The Gazette, B.3.
Potter, Jr., N. (2002). Kant and Capital Punishment Today. The Journal of Value Inquiry,
36, 267-282.
Rubin, P. (2002). The death penalty and deterrence. Phi Kappa Phi Forum, 82(1), 10-12.
Satris, S (2004). Taking Sides. Guilford, CN: McGraw-Hill/Dushkin
The Lancet. (2005). Medical collusion in the death penalty: An American atrocity. 365,
1361.
Tucker, C. (2007). DNA Refutes case for bill on death penalty. The Atlanta Journal, 19.