Post by thinkinkmesa on Apr 18, 2008 13:31:46 GMT -5
OH - Death penalty should be abolished
Fri Apr 18, 2008 12:10 am (PDT)
The Observer, April 18, 2008
Volume XL, Issue 25
Death penalty should be abolished
David Gasser, Columnist
Criminals' rights have been controversial throughout this country's
history, but nothing has spurred more debate in the United States
than capital punishment. In our Constitution, the Eighth Amendment
gives all citizens the right to be free of "cruel and unusual"
punishments. The 14th Amendment guarantees "equal protection of the
laws" to everyone. Neither promise can be fulfilled until the death
penalty is abolished.
The history of the death penalty in the United States over the past
few decades has been a turbulent one. In 1972, the Supreme Court
effectively ruled the use of the death penalty unconstitutional. They
held that the justice system of the time led to an inherently unfair
application of capital punishment. Then, only four years later, the
Court reversed its ruling after a number of improvements to
sentencing rules. But even today, there are many lingering questions.
Our government has executed over 1000 people since 1976. Thirty-four
percent of these people were black and 57 percent were white. Of
victims in cases where the defendant was given the death penalty, 14
percent were black and 79 percent were white. In cases of interracial
killings where the defendant was given the death penalty, 93 percent
involved a black defendant and a white victim. Currently, 42 percent
of death row is black and 45 percent is white. For some comparison,
the U.S. population is approximately 80 percent white and only 13
percent black. Violent crime occurs at a rate of 13.6 per 1000
individuals against blacks, whereas it is only a rate 6.8 per 1000
against whites. The race of the defendant is a better predictor of
application of the death penalty than many other factors in capital
sentencing, such as murder while committing another felony, murder
with multiple wounds, or murder causing great fear or pain. And until
recently, it was still legal to give the death penalty to juvenile
and mentally challenged criminals. Is this justice in America?
Even though polls consistently show a majority of Americans in favor
of capital punishment, the sentiment of the international community
is overwhelmingly opposed to it. Around the world, 134 countries have
eliminated capital punishment or have not used it within the past
decade – only 64 retain the death penalty. And unfortunately, only
five countries consistently outrank the United States in number of
executions: Sudan, Iraq, Pakistan, Iran, and China – an elite club
for sure.
Confidence in the results of trials can often be placed in doubt.
Since 1973, 128 death row inmates have been exonerated using DNA
evidence and other new forensic science techniques. Until we are
certain that the convictions given by our justice system are as final
and definite as the death penalty itself, we should not take another
life in the name of justice.
As great as our justice system is, it is still imperfect. Mistakes
are made, unjust convictions happen, and the limits of human judgment
prevent absolute certainty. As our court system and the public slowly
continue to question capital punishment, I am hopeful that we will
eliminate this barbaric practice once and for all. The "evolving
standards of decency" that accompany any progressive society should
guide our country to the abolition of the death penalty.
observer.case.edu/Archives/Volume_40/Issue_25/ Story_2713/
Fri Apr 18, 2008 12:10 am (PDT)
The Observer, April 18, 2008
Volume XL, Issue 25
Death penalty should be abolished
David Gasser, Columnist
Criminals' rights have been controversial throughout this country's
history, but nothing has spurred more debate in the United States
than capital punishment. In our Constitution, the Eighth Amendment
gives all citizens the right to be free of "cruel and unusual"
punishments. The 14th Amendment guarantees "equal protection of the
laws" to everyone. Neither promise can be fulfilled until the death
penalty is abolished.
The history of the death penalty in the United States over the past
few decades has been a turbulent one. In 1972, the Supreme Court
effectively ruled the use of the death penalty unconstitutional. They
held that the justice system of the time led to an inherently unfair
application of capital punishment. Then, only four years later, the
Court reversed its ruling after a number of improvements to
sentencing rules. But even today, there are many lingering questions.
Our government has executed over 1000 people since 1976. Thirty-four
percent of these people were black and 57 percent were white. Of
victims in cases where the defendant was given the death penalty, 14
percent were black and 79 percent were white. In cases of interracial
killings where the defendant was given the death penalty, 93 percent
involved a black defendant and a white victim. Currently, 42 percent
of death row is black and 45 percent is white. For some comparison,
the U.S. population is approximately 80 percent white and only 13
percent black. Violent crime occurs at a rate of 13.6 per 1000
individuals against blacks, whereas it is only a rate 6.8 per 1000
against whites. The race of the defendant is a better predictor of
application of the death penalty than many other factors in capital
sentencing, such as murder while committing another felony, murder
with multiple wounds, or murder causing great fear or pain. And until
recently, it was still legal to give the death penalty to juvenile
and mentally challenged criminals. Is this justice in America?
Even though polls consistently show a majority of Americans in favor
of capital punishment, the sentiment of the international community
is overwhelmingly opposed to it. Around the world, 134 countries have
eliminated capital punishment or have not used it within the past
decade – only 64 retain the death penalty. And unfortunately, only
five countries consistently outrank the United States in number of
executions: Sudan, Iraq, Pakistan, Iran, and China – an elite club
for sure.
Confidence in the results of trials can often be placed in doubt.
Since 1973, 128 death row inmates have been exonerated using DNA
evidence and other new forensic science techniques. Until we are
certain that the convictions given by our justice system are as final
and definite as the death penalty itself, we should not take another
life in the name of justice.
As great as our justice system is, it is still imperfect. Mistakes
are made, unjust convictions happen, and the limits of human judgment
prevent absolute certainty. As our court system and the public slowly
continue to question capital punishment, I am hopeful that we will
eliminate this barbaric practice once and for all. The "evolving
standards of decency" that accompany any progressive society should
guide our country to the abolition of the death penalty.
observer.case.edu/Archives/Volume_40/Issue_25/ Story_2713/