Professor Jeffrey Aird English 1010 30 April 2014 Since the legality of the death penalty became reinstated in 1977, thirty-four states have commenced the execution of serious and mentally competent legal offenders. Capital punishment originated in England, being a part of English common law for many felonies across the ages. Since the United States originated from England and adopted their legal structures, the use of the death penalty was held out in the original thirteen colonies and was enforced in all the colonies prior to the Declaration of Independence. After the Declaration of Independence was instated, the eighth amendment limited the use of this form of execution, resulting in it being used almost exclusively as a punishment for aggravated murders. The death penalty was used for many years, but had its usage ceased due to many flaws in the system, and the accusation of innocent people. However after our detective work had become more reliable, and many other adjoining causes, capital punishment was reinstated in the US. Today, there is an argument about the use of the Death Penalty. Whether it should be used or not regardless of a characters offence. On one side of the argument, people believe that it is immoral to kill a person no matter the reasoning or the crimes they committed. These people believe that the person has a potential to change and should instead be confined to prison and the humane limitations of the law. On the other hand however, the people being executed are typically cold blooded murderers with no remorse or sympathy for their actions and the lives they took. Many people feel that these criminals should be executed to save lives in the future and prevent these crimes from reoccurring. Commonly those who have suffered or lost lives at Arroyo 2
the hands of these criminals believe that they should be put to death, to add closure to the victims lives and to ensure no other person must suffer the way they have. The question my paper is addressing is whether or not the death penalty should continue to be used. Ill be addressing both sides of the argument to establish the viewpoints and open this paper up for an equal understanding of both arguments. To do this I will be using examples and articles written by various authors of differing opinions on the same subject, and conjoining their thoughts into one reinforcement of similar arguments. I however take the stance that the death penalty is useful and necessary, and that its use should be continued. The most common argument made against the death penalty and its purpose is the argument of morality. Many people believe that it is wrong for a person to decide the death or life of another being, and that killing them for any reason is inhumane. However, in response to this argument the criminals who are executed are done so mostly because they have taken lives from innocent people, and usually with a stable mindset and understanding of what they have done. These people have also done immoral actions that you are arguing against, and those who suffer through the experience or are affected by this criminals actions have to live with the results for the rest of their lives. They have already proven themselves to be inhumane and immoral, should they not receive the same punishment they decided was fit for another being? To say it is immoral to execute a criminal who has done the same action, often more than once, is an unstable and potentially hypocritical argument. An author also states that no rational person could kill innocent children, they do so because they are evil. There is also the argument made about people being wrongly accused and executed for crimes that they never committed. Kirk Bloodsworth was a man who was exonerated from death row after being held for nine years. He wrote an article addressing the need to abolish the death Arroyo 3
penalty because of the people who are wrongly accused of their crimes. He provides statistics, stating that since capital punishment became legal again, 142 people have been exonerated from death row and proven to be innocent before their execution. Although this is indeed a good argument, as there is always a potential for the wrong person to be accused, the amount of people exonerated before their execution show the vast thought and analysis that undergoes each criminal to show their innocents or prove their guilt. Any person could agree that the justice system is not infallible, however this argument shows the dedication undergone to ensure innocence. The study provided by the Death Penalty Information Center, since 1976 only ten individuals have been found to be wrongly executed and proven innocent, as opposed to at least 1,214 criminals who were never found to be innocent (Death Penalty Information Center). Greg Dobbs, an author wrote an article in the Denver Post titled "State Inmates Convicted of Murder Deserve Their Fates." This article addresses the argument from the perspective of those who have suffered at the hands of these criminals, and provides statements from the wives of two murdered men supporting the death penalty. The arguments against this say that it is unjust to allow the people to just be killed instead of living and suffering for the crimes they have committed. In which, there is a response within other papers that some of these criminals hold no guilt, and are not apologetic to the victims in any way. Dobbs states that if the wives of the victims are contempt with criminals being put to death, so is he. Another statement made in other papers is that allowing these criminals to live on, allows them the potential chance of being released or recommitting the heinous crimes that put them in prison. Dobbs also addresses other arguments made against the use of capital punishment in his paper, and provides seemingly sufficient counter-arguments. The first argument that Dobbs addresses is the argument that capital punishment is to inhumane. To this criticism, Dobbs Arroyo 4
responds If you need a simple rebuttal, how about an eye for an eye? (Dobbs). Another argument addressed in this article against the death penalty is that it is inequitably applied, to which Dobbs responds by asserting that the court has weighed in on the same argument in the past, and even suspended legal executions until more equitable sentencing laws were established. The final argument he addresses in his paper is the argument people make about the death penalty being outlawed in other states, and that it should be outlawed here as well. To which Dobbs simply replies So is marijuana (Dobbs). When it comes to the discussion of the death penalty, most arguments are made emphasizing pathos, pulling all of the readers and other listeners into the argument through emotions. This is effective especially in support of capital punishment, as many examples given to peoples beliefs in the system are from real life events and experiences involving murders and manslaughters. Several of the authors from articles I dissected used real life examples in this way. The author Jonathan Kay spoke about the Boston Bombing that took place at a marathon in Boston that resulted in the death of three people (one of which was an eight year old child) and injured two hundred sixty other victims. The man who committed this crime had no reasoning behind his actions, and showed no guilt or remorse for his actions. Another example given in the articles was about a man who slaughtered an entire family, including a twenty-two month old infant. The arguments made against the death penalty do not hold as strong of emotional examples, and do not persuade the readers through the use of emotion. In conclusion, I still feel that the death penalty is a useful option in todays courts in regards to severe offenders and criminals. In the argument of morals and capital punishment being deemed inhumane because of the belief that people should not kill each other regardless of reasoning, the people who are being held on death row are mostly there because they themselves Arroyo 5
have murdered and taken lives away from innocent people. To the argument about innocent people being executed on death row, there is sufficient detective work being held to ensure that the criminal is guilty beyond a point of doubt before the execution is set to take place which shows that there is little chance of an actual innocent individual being wrongly killed for a crime they did not commit. The vast majority of arguments held against the death penalty are from people with no life experience of the crimes, and who have never been victimized by the offenders. These people have never suffered the murder of another being, while the arguments held for the death penalty are typically originated from being victimized or having suffered because of the heinous crimes. The arguments for the death penalty strongly affect the emotion of the readers, while those in opposition try to convince others based on religious beliefs and morals.