The Oxford Dictionary definition of capital punishment
noun
under which the semantic Death Penalty resides. There are still many countries on this planet which inculcate in capital punishment (e.g China, Iran, Iraq) however I would like to focus my blog on the US whose deaths under capital punishment rank 5th in the world.
I chose the USA because more than half their States feature it in their individual jursidictions and simply because of their proximity to us; the UK.
Just what has made our counterparts in the US decide to accept capital punishment where we have long since abolished it?
So how do they do it?
In 2012, for all the death row inmates in the USA the method of execution has been the lethal injection which is a mix of drugs; however the main drug is Pentobarbital which is from a class of drugs known as barbiturates and depresses the activity in your brain and nervous system.
Other famous methods include the electric chair which involves pulsing 2000V through the restrained human body; and hanging; the 'long drop' which is designed to break the neck, sever the spine and cause blood pressure to drop in a matter of seconds.
Crimes punishable by death.
The majority of States in the USA which do have the death penalty decree that crimes punishable by death are either premeditated 1st degree murder or capital murder. A few states such as New Hampshire have a suprisingly large list of crimes including murder committed in the course of rape, kidnapping, or drug crimes; killing of a police officer, judge or prosecutor; murder for hire or murder by an inmate while serving a sentence of life without parole; and Wyoming requires first-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor under 16.
However, the concept of a state-by-state law is entirely alien for a British subject raised on Parliamentary Sovereignty where Parliament makes the rules and nobody can question them- this is because the USA's judicial system runs on the basis of a federal system in which all states exist under Congress who create and ratify treaties (but require the Supreme Court to pass them)- this is known as federal law and coupled with the law of the American Constitution exist as a higher entity of law. States on the whole can grant individuals rights as long as they do not infringe upon federal or constitutional law.
Why States such as Alabama, California and Texas have the death penalty but Connecticut, Illinois and Maine don't is because they chose to under: Title 18 USC (US.Code) 'Crimes and Criminal Procedure' and it is up to the individuals of each state to vote whether they would like it or not. For example, in 2012 Californians voted on Proposition 34 (the retroactive decision to repeal the death penalty) with a 53:47 percentage majority in favour of keeping the death penalty.
Is the policy viable?
One of the reasons why the margin between votes was 6% is because there is a growing argument that it is uneconomical to use capital punishment. The argument as stated by CNN News is that 'California taxpayers have spent $4 billion since 1978 to execute just 13 convicts, according to a 2011 study by federal appeals Judge Arthur Alarcon and his law clerk Paula Mitchell...that equates to more than $300 million per execution' It reasoned that nearly half the states costs go to providing legal representation for those on death row so in effect there is a farcical round-about procedure in which the tax-payer always loses.
Conversely, the administrative law of the UK would argue that the state owes a fiduciary duty to the tax payer not to waste money.
'Killing Californias Costly Death Penalty' Youtube
Is it morally acceptable?
It is a subject of great debate as to whether Capital Punishment should be used over whether it could be used.
Bruce Fein JD (A constitutional lawyer for the death penalty) stated that 'the death penalty honours human dignity by treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does not treat him as an animal with no moral sense' which in lay-mans' terms means that a human makes the choice to do right or wrong with the knowledge of any consequences his actions might have in the forefront of his mind. However others will always argue that it is not for the government to kill individuals especially in a judicial system that is known to favour the rich over the innocent poor. The USA is still a god-fearing place and it is clear that the parable 'an eye for an eye' factors strongly into their equations however, Gandhi; a civil rights activist rebutted it with 'an eye for an eye will make the whole world blind'
As well as this, there have been more than a few notable miscarriages of justice which leads one to question whether the Death Penalty is truly fulfilling its objective- to execute criminals.
Lewis E. Lawes a warden from Sing Sing in 1933 is quoted in 'Condemned: Inside the Sing Sing Death House' as saying that if the 20 souls in death row 'signified that only ten or twenty murders were committed each year in New York State, then one could say correctly perhaps, that the death penalty in capital cases was effective and accomplished its purpose. But actually far less than 1% of those who commit murder are executed' Although this statement is around 80 years old, it is still a very contemporary argument which suggests that it is far more trouble than it is worth.
Lewis E. Lawes a warden from Sing Sing in 1933 is quoted in 'Condemned: Inside the Sing Sing Death House' as saying that if the 20 souls in death row 'signified that only ten or twenty murders were committed each year in New York State, then one could say correctly perhaps, that the death penalty in capital cases was effective and accomplished its purpose. But actually far less than 1% of those who commit murder are executed' Although this statement is around 80 years old, it is still a very contemporary argument which suggests that it is far more trouble than it is worth.
'The Youngest American Ever Executed?' Youtube
What does the International Community think?
The European Union (27 member states predominantly residing within the Eurozone) of which the UK, France, Germany and the Benelux countries are members are banned from executing prisoners. The EU demonstrates its oposition to the death penalty in several ways:
- It bans exports of the drugs used to create the lethal injection. In it's report of the EU Commissions actions the BBC wrote: It [The EU Commission] wanted to ensure that no drugs were being exported from the union for use in "capital punishment, torture or other cruel, inhuman or degrading treatment or punishment". Drugs banned from being exported to the US include Pentobarbital and Sodium Thiopental.
- It makes petitions to halt executions where D is ill or potentially innocent.
- Funds anti-death organisations and charities.
In 2007 members of the UN met at the sixty-second General Assembly, Third Committee , (30th & 31st Meetings (AM & PM)) to discuss Capital Punishment where countries such as China argued that capital punishment was not a human rights issue however the EU and other countries such as Switzerland oposed. Overall it was held that capital punishment was not prohibited under international law and was clearly an individual country decision.
Living on Death Row
Experiences of death row differ depending on the State and the prison however most prisoners spend around 23 hours of the day in solitude in a single cell with a solid-door. Some are allowed family contact and contact with lawyers however some are not... 'I miss the stars you know. I havent seen the stars in years and years and years. I miss the rain. I miss food. I miss all these things. But what it comes down to the most -- and this is the thing that will scar me the most and that I'll carry with me as a scar the longest -- the thing I miss the most is being treated like a human being.'
CNN interview with Damien Echols on Arkansas death row since 1993 (Jan. 13, 2011) (released August 2011).
Experiences of death row differ depending on the State and the prison however most prisoners spend around 23 hours of the day in solitude in a single cell with a solid-door. Some are allowed family contact and contact with lawyers however some are not... 'I miss the stars you know. I havent seen the stars in years and years and years. I miss the rain. I miss food. I miss all these things. But what it comes down to the most -- and this is the thing that will scar me the most and that I'll carry with me as a scar the longest -- the thing I miss the most is being treated like a human being.'
CNN interview with Damien Echols on Arkansas death row since 1993 (Jan. 13, 2011) (released August 2011).
The Infamous Last Meal
It is a veritable 'desert-island' question- what would you have for your last meal? However it seems to be a very serious and quite macabre subject. So Macabre in fact that photographer Helen Thompson set her work around the theme of last-meals and displayed it within the Embankment Galleries earlier this year. Even scientific studies have looked into the choices people make when deciding what their last meal will be- for example, people often go for higher calorie more unhealthy foods such as fast food, ice-cream and sweet treats as opposed to fruits and salads... why do humans do this? Gorge on everything they know they shouldn't- treat themselves? Why is it even an issue at all when you are going to die and it no longer matters to your body what you will eat?! But on the other hand- if one is being executed should there be some formality to the finality?
The State of Texas seems to think along these lines too as CNN reports that Senator John Whitmire abolished the ritual of the last meal arguing that 'it is extremely inappropriate to give a person sentenced to death such a privilege' and some argue it is all because of the hefty order of one prisoner who then failed to eat any of it. However couldn't one argue that every other privilege including the highest of all- the right to life is being taken from them and therefore the choice of their last meal after X number of years in regimented incarceration is but a small mercy?!
The Victims Families
The Death Penalty sentencing is a long and drawn out affair that will scar victim's families- it asks them to relive the pain of losing a family-member over and over until all appeal avenues are exhausted by the defendant; if the money were chanelled to other areas of crime prevention more families would not become victims of the process and the fact that the whole process is focussed on the punitive measures and not on how people can begin to rebuild their lives.
On the other hand, one could argue that seeing the murderer executed is a way of release and closure for family members however- this is not a way that is conducive to moral behaviour and as Francis Bacon once said 'Revenge is a kind of wild justice which the more mans nature runs to the more the law ought weed it out'
The Victims Families
The Death Penalty sentencing is a long and drawn out affair that will scar victim's families- it asks them to relive the pain of losing a family-member over and over until all appeal avenues are exhausted by the defendant; if the money were chanelled to other areas of crime prevention more families would not become victims of the process and the fact that the whole process is focussed on the punitive measures and not on how people can begin to rebuild their lives.
On the other hand, one could argue that seeing the murderer executed is a way of release and closure for family members however- this is not a way that is conducive to moral behaviour and as Francis Bacon once said 'Revenge is a kind of wild justice which the more mans nature runs to the more the law ought weed it out'
'Murder Victims Families Debate Death Sentence' Youtube
Where do I stand
Putting someone to death seems to be a very archaic form of justice- dating back to the Cave and yet it still features within a civilised countries judicial system. Democracy dictates that the people decide through the vote how it should be done (which was demonstrated by California) however, how far can the justice system really rely on the lay-man to direct the punitive methods!? What does a lay-man know or understand truly about how crimes ought be deterred and punished!
The lay-man is too easily riled by the media who are used to hype up cases for or against an inmate on death row so that they are chanelling one particular emotion without truly seeing the case from both sides- this is how miscarriages of justice happen in the first place- where there is a mistake in thinking that justice must be seen to be done over justice actually being done.
I am currently studying Evidence and Advocacy as a module in my degree and so the following quote almost had me spit out my cup of tea all over my laptop in horror:
Steven D. Steward JD.
Prosecuting Attorney for Clark County Indiana:
'No system of justice can produce results which are 100% certain all the time. Mistakes will be made in any system which relies upon human testimony as proof... The inevitability of a mistake should not serve as grounds to eliminate the death penalty.'
This prosecuting attorney is saying that just because there is a likelihood of getting it wrong it doesn't mean that people should not be executed anyway... the way I read it, is that as long as there is a scape goat at the end of the day, whether the person who goes into the electric chair is guilty or not guilty is inevitably unimportant to this prosecutor.
So I say to you, US Citizens- your hunger to point the finger of blame toward anyone will see your minds clouded with angry misjudgement, prejudice and hatred. The eyes of the law must remain unbiased and reasonable so that despite what the newspaper says- the truth will out.
Few times has UK public opinion so influenced a judgement as it does in America that the only time that I can call to memory is 'Venables' and the murder of the toddler Jamie Bulger which saw the English age of criminal responsibility lowered to 10 y.o.
Halt the call for blood, stay the circus-trials and see the people for who they really are... and besides- if you are going to kill one murderer- then kill them all or it is just plain discrimination. period.
Links:
Here are some interesting links that I used whilst compiling this blog:
http://www.deathpenaltyinfo.org/executions-united-states- everything about the death penalty can be found on this website.
http://www.dc.state.fl.us/activeinmates/deathrowroster.asp- Chance to see current death row inmate mugshots...they are real people not just statistics.
http://money.cnn.com/2012/11/06/news/economy/death-penalty-california/- The news report covering the Californian vote to keep the death penalty
http://www.bbc.co.uk/news/world-europe-16281016- The news report covering the EU ban on exports of Execution drugs.
http://eeas.europa.eu/human_rights/adp/index_en.htm- What is the EU's exact policy on the death penalty.
http://www.un.org/News/Press/docs/2007/gash3897.doc.htm- The UN Decision on the legality of the death penalty.
Putting someone to death seems to be a very archaic form of justice- dating back to the Cave and yet it still features within a civilised countries judicial system. Democracy dictates that the people decide through the vote how it should be done (which was demonstrated by California) however, how far can the justice system really rely on the lay-man to direct the punitive methods!? What does a lay-man know or understand truly about how crimes ought be deterred and punished!
The lay-man is too easily riled by the media who are used to hype up cases for or against an inmate on death row so that they are chanelling one particular emotion without truly seeing the case from both sides- this is how miscarriages of justice happen in the first place- where there is a mistake in thinking that justice must be seen to be done over justice actually being done.
I am currently studying Evidence and Advocacy as a module in my degree and so the following quote almost had me spit out my cup of tea all over my laptop in horror:
Steven D. Steward JD.
Prosecuting Attorney for Clark County Indiana:
'No system of justice can produce results which are 100% certain all the time. Mistakes will be made in any system which relies upon human testimony as proof... The inevitability of a mistake should not serve as grounds to eliminate the death penalty.'
This prosecuting attorney is saying that just because there is a likelihood of getting it wrong it doesn't mean that people should not be executed anyway... the way I read it, is that as long as there is a scape goat at the end of the day, whether the person who goes into the electric chair is guilty or not guilty is inevitably unimportant to this prosecutor.
So I say to you, US Citizens- your hunger to point the finger of blame toward anyone will see your minds clouded with angry misjudgement, prejudice and hatred. The eyes of the law must remain unbiased and reasonable so that despite what the newspaper says- the truth will out.
Few times has UK public opinion so influenced a judgement as it does in America that the only time that I can call to memory is 'Venables' and the murder of the toddler Jamie Bulger which saw the English age of criminal responsibility lowered to 10 y.o.
Halt the call for blood, stay the circus-trials and see the people for who they really are... and besides- if you are going to kill one murderer- then kill them all or it is just plain discrimination. period.
Links:
Here are some interesting links that I used whilst compiling this blog:
http://www.deathpenaltyinfo.org/executions-united-states- everything about the death penalty can be found on this website.
http://www.dc.state.fl.us/activeinmates/deathrowroster.asp- Chance to see current death row inmate mugshots...they are real people not just statistics.
http://money.cnn.com/2012/11/06/news/economy/death-penalty-california/- The news report covering the Californian vote to keep the death penalty
http://www.bbc.co.uk/news/world-europe-16281016- The news report covering the EU ban on exports of Execution drugs.
http://eeas.europa.eu/human_rights/adp/index_en.htm- What is the EU's exact policy on the death penalty.
http://www.un.org/News/Press/docs/2007/gash3897.doc.htm- The UN Decision on the legality of the death penalty.
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