Capital Punishment Shoud Be Abolished
Category : Articles
Abolish Death Penalty
On December 1945, James Mcnicol was hanged for what appeared at that time to be an open and shut case. Nobody, even James himself, ever disputed the basic fact, of the crime. Like many cases before and after, this too would have faded if it wasn??™t for his niece. According to Elaine Merilee, she become fascinated with this case since it was her uncle who was executed as a result of the crime. The deeper she got in to the details of this case, the more she discovered the mis-comings and over exaggeration of the facts. Her uncle was guilty of manslaughter and not murder for which he was executed by hanging. This act has had a very devastating effects on his family, knowing that as guilty as he was he did not deserve to be hanged. (National Coalition to Abolish Death Penalty)
This is a classic example as to why some people are against capital punishment (The Death Penalty). Here in the United States of America, 38 states still support the death penalty only while only 12 are against. Many of us will argue that it is a little more than it seems to execute a death-row inmate. In this millennium it is expensive to have this procedure completed most the funds involved come from the federal government. The federal government is forced to setup programs to help states offset the executions. According to the United States Department of Justice, in Fiscal Year 2008 ???five states ; Arizona, Kentucky, Texas, Virginia, and Washington, applied for and received awards totaling over $7.8 million which had promising signs from these grants. In some cases, some states are over run by the number of inmates filing for repeal of their cases through these programs. In Arizona, 162 inmates have applied for assistance under the grant and are currently being reviewed same with Kentucky with 97 cases. Last year, The National Institute of Justice received 13 applications and awarded grants to nine states; Connecticut, Minnesota, North Carolina, Colorado, Louisiana, Wisconsin, California, New Mexico, and Maryland for a total of more than $9.8 million??? (Overmann L, pp2).These are just a few of the many cases going around the country that puts the burden of responsibility on taxpayers money. Alternatively these funds could be used for other state programs instead of using them in legal fees defending or carrying out these outdated forms of punishment that still have a lot of doubts sentences
Different countries have their favored method of execution; some do electrocution, hanging, lethal injection, beheading, stoning, gas chamber or firing squad. No matter the choice, most social groups in the world beliefs the death penalty denies humans the basic right everybody is entitled to. It is also against most religious beliefs. Today it is considered an outdated practice since we are living in a very sophisticated society and yet innocent people still end up being executed as a result. The Constitution does not address the subject directly. According to the United States Constitution,
???No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger ??¦??¦..???
The term “capital” varyingly means a crime punishable by death and a very serious crime (but, perhaps, not punishable by death). Here, the distinction is not very important (any court would likely take more liberal of the two). Basically, you cant be held unless indicted. The 5th Amendment continues:
???Nor be deprived of life, liberty, or property, without due process of law???
Simply, meaning you may not be executed, jailed, or have property taken or withheld without proper indictment, trial, and conviction. The 14th Amendment extends this restriction to the states. Then, the only other place the death penalty is (indirectly) dealt with is in the 8th Amendment ??¦??¦.. ???No cruel and unusual punishment???. The definition of what is cruel and unusual is very flexible ??” what is cruel in our society is not in others; what is cruel now may not have been 50 years ago or 50 years from now. In 1972, most death penalties were thrown out by the Supreme Court en masse, though in 1976 the Court said that many death penalty laws, revised to come into line with the concerns expressed in the 1972 ruling, were constitutional. Today, constitutional challenges of the death penalty based on the premise that they are cruel and unusual dont win very often, and only rarely does the Supreme Court directly intervene in pending death warrants. (usconstitution.net)
One in seven executed death row inmate is freed after extensive investigation, one is too many. And yet crimes have not gone down as some claim these practices have tremendous effects on reducing crime. If Mr. Glendenning a Maryland law maker wants to be “tough on crime,” he should end poverty. The resounding commonality on death rows is the prisoners usually come from poor backgrounds that include abuse. The justice system will always make mistakes, so we must join the civilized world and abandon capital punishment. Those who seek vengeance should realize it never brings back the victim, grants closure to the victims family or reduces crime. Baltimore Capital punishment is an anachronism. State-sanctioned murder is inappropriate in the 21st century. Capital punishment stems from the old age of “an eye for an eye.” It is time to evolve beyond that primitive way of settling scores. Its time to step up in social evolution and end capital punishment (Jeannette Obuszewski, Baltimore sun Towson)
There can never be any justification for torture or cruel treatment. Like torture, an execution constitutes an extreme physical and mental assault on an individual. The physical pain caused by the action of killing a human being cannot be quantified, nor can the psychological suffering caused by fore knowledge of death at the hands of the state.
???The death penalty is discriminatory and is often used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. It is imposed and carried out arbitrarily. In some countries, it is used as a tool of repression to silence the political opposition. In other countries, flaws in the judicial process are exacerbated by discrimination, prosecutorial misconduct and inadequate legal representation. As long as human justice remains fallible, the risk of executing the innocent can never be eliminated. The death penalty: denies the possibility of rehabilitation and reconciliation. Promotes simplistic responses to complex human problems, rather than pursuing explanations that could inform positive strategies. Prolongs the suffering of the murder victim??™s family, and extends that suffering to the loved ones of the condemned prisoner. Diverts resources and energy that could be better used to work against violent crime and assist those affected by it. Is a symptom of a culture of violence, not a solution to it. It is an affront to human dignity and should be abolished???. (Myths & facts. Amnesty international)
Bartlett A. ???Md. Senate panel weighs expanded death penalty??? www.washingtonpost.com. 10th March 10, 2010; 16th January, 2011.
???Facts on the death penalty???. www.amnesty.org. Myths & facts
Jeannette, Obuszewski, ???Should Maryland execute prisoners??? www.baltimoresun.com. Saturday mailbox. January 27, 2001. 20th January 2011
Merilee E. ???Sgt. James McNicol Hanged for Manslaughter??? www.capitalpunishmentuk.org.
2008. 17th January 2011.
McMenamin, ???Death penalty cost md more than life term???, www.baltimoresun.com. Baltimore sun; March 06, 2008. 16th January, 2011.
Overmann L, ???REAUTHORIZATION OF THE INNOCENCE PROTECTION ACT???
www.usdoj.gov. Department of Justice. 2009. 19th January 2011.
Steve, Mount, “Constitutional Topic: Martial Law.” www.USConstitution.net.
USConstitution.net. 3 Dec 2001