 |
Home |  |
Register | |
Login | |
FAQ | |
Contact Us | |
Logout |
|
||||||||||||
|
||||||||||||
|
|
Capital Pumishment
Capital Pumishment Word Count: 1530 Capital Punishment - Injustice of Society The state of the public’s satisfaction in the ways of capital sentencing does not constitute serving justice. Today’s system of capital punishment is fought with inequalities and injustices. The commonly offered arguments for the death penalty are filled with holes. "It was a deterrent. It removed killers. It was the ultimate punishment. It is biblical. It satisfied the public’s need for retribution. It relieved the anguish of the victim’s family."(Grisham 120) Realistically, imposing the death penalty is expensive and is very time consuming. However, it has yet to be proven as a deterrent. Morally, it is the continuation of the cycle of violence and "...degrades all who are involved in its enforcement, as well as its victim."(Stewart 1) Perhaps the most frequent argument for capital punishment is that of deterrence. The prevailing thought is that having the death penalty will act to dissuade other criminals from committing violent acts. Numerous studies have been created attemps to prove this belief; however, "[a]ll the evidence taken together makes it hard to be confident that capital punishment deters more than long prison terms do."(Cavanagh 4) Going ever farther, Bryan Stevenson, the executive director of The Montgomery based Equal Justice Initiative, has stated that "…people are increasingly realizing that the more we resort to killing as a legitimate response to our frustration and anger with violence, the more violent our society becomes…We could execute all three thousand people on death row, and most people would not feel any safer tomorrow."(Frame 51) In addition, with the growing humanitarianism of modern society, the number of inmates actually put to death is substantially lower than 50 years ago. This decline creates a situation in which the death penalty is deterrent when people begin to think that one can get away with a crime and go unpunished. Also, the less that the death sentence is used, the more it becomes unusual, thus coming in conflict with the eighth amendment. The end result is a punishment that is obsolete to discourage crime at all. The key part of the death penalty is that it involves death -- something which is rather permanent for humans, due to the concept of mortality. This creates a major problem when "…there continue to be many instances of innocent people being sentenced to death."(Tabak 38) In our legal system, there exist numerous ways in which justice might be poorly served for a recipient of the death sentence. Foremost is in the handling of his own defense counsel. In the event that a defendant is without counsel, a lawyer will be provided. "Attorney’s appointed to represent indigent capital defendants frequently lack the qualities necessary to provide a competent defense and sometimes have exhibited such poor character that they have subsequently been disbarred."(Tabak 37). With payment caps or court determined sums of, for example, $5 an hour, there is not much of an incentive for a lawyer to spend a great deal of time representing a capital defendant. When you compare this to the prosecution, "…aided by the police, other law enforcement agencies, crime labs, state mental hospitals, various other scientific resources, prosecutors …experienced in successfully handling capital cases, compulsory process, and grand juries…"(Tabak 37), the defense that the court appointed counsel can offer is very small. In fact, if a defendant has a valid case to offer, what is the chance he has to offer it and have it properly recognized? Furthermore, why should he be punished for an injustice that was created by the court itself if appointed the incapable lawyer? Even if a defendant has proper legal counsel, there is still the matter of impartiality of judges. "The Supreme Court has steadily reduced the availability of habeas corpus review of capital convictions, placing its confidence in the notion that state judges, who take the same oath of offic... This is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Academic Library. Please register below now!
|
|
|
 |
|
|
Home | Register | Login | FAQ | Forgot Password | Privacy Policy | Disclaimer | Close Account | Contact Us | Logout Copyright 1998-2007 Academic Library. Academic Library is designed only to assist students and researchers in the preparation of their own work. Anybody who use our services are responsible not only for writing their own papers, but also for citing Academic Library as a source when doing so. By accessing and using this page you agree to the Disclaimer. If you wish to cancel your subscription to Academic Library, please click here. |
|
|