dont read tis
xv
Capital Punishment, death penalty, execution; all of these are terms for describing the legal process in which a person is, through some sort of mediated form of retaliatory justice, put to death by his state or his nation as an intended punishment for his committed crime(s). Today, the crimes society seems inclined to regard as requiring ‘capital’ action are generally murder, espionage, and treason, with the heavy focus really being on murder. Murder is as bad as you can get, and it’s especially those cases of mass/serial murder, terrorism, or child murder which oftentimes cause those great waves of societal uproar that in turn strengthens the general publics approval of, and belief in, the means of death as a deterrent to crime. Many are passionate in their established positions and odd belief that ‘an eye for an eye’ is an inherent moral truth. But we all know the infamous ambiguity of morality. So I think it’s a good position to start off with, that declaring moral truths will lead you no where. What it really does is it vitalizes unsound arguments that ask one to beg the question rather than follow valid premises. So facts are all I wish to present, facts defined not by their conclusion, but by what they mean in themselves.
To begin lets take a look at the simple claim that the death penalty, as a civil threat, actually persuades those intended on committing a crime to not commit that crime. This might be a reasonable assumption, made on the prior assumption that the process is itself frequent enough to be an actual risk to the perpetrator. Really, the arbitrariness of system makes it so that any one person can receive a death sentence while significant amounts of others criminalized for the very same crime, receive only life sentences. The factors that lead one to receive the death penalty are determined by many circumstances, mainly location, and whether or not a prosecutor decides to to seek it out in court or not. Local politics are sometime at play, and often media influence can greatly affect the precedence of some cases, but overall, “approximately 2% of those convicted of crimes that make them eligible for death penalty, actually receive the death penalty.” (Amnesty, 2012)
So right away i’d ask the question, if capital punishment only affect 2% of those committing the crimes, then why do we let it persist on, other than to the feed the pure illusion of justice? I guess it makes sense that over 140 countries, two-thirds of the world, have come to abolish capital punishment in law or in practice (Amnesty, 2012). With China, North Korea, and Iran taking up the rest of the majority of the world’s executions, the United States seems a little too content in being amongst such noble names. But after realizing capital punishment does really nothing to deter the crime, it can’t do anything to promote the crime can it? Of the 14 states not-endorsing capital punishment, all have homicidal rates just meeting or below the national average.(Amnesty, 2012) The crime rate in the 14 top executing states are anywhere from 48% to 101% higher than the national average. How can this be?!
In reality, this is actually a common psychological phenomenon seen throughout modern society in which, the knowledge that something is bad, or punishable, somehow encourages that very action. This natural response alone is what constitutes the end to the drug war, and any abolition, but it more importantly encourages a serious reform of our prison systems, but i’ll talk more about that later. For economic standards, capital punishment is not thrifty. Usually, sealing someones fate with death is something done with care and seriousness, intense analyzations of the evidence, and is generally met with a thorough assurance that ‘justice is being served’. Rightly so, the process of convicting takes years and goes through many meticulous phases, much of the time being spent on special motions or extra time for jury selection. Much of costs are spent on investigations by the prosecutors, and when sometimes the verdict come out less than death, or innocence is proven, all that ‘taxpayer money’ spent on keeping that person on death row now becomes wasted. Not to mention that wrongful convictions for all crimes happen frequently, the best estimation being at a rate of 6% of all crime convictions, and this comes with no exception for the death penalty. Since 1973, 140 people have been released from death row due to evidence that they were wrongly convicted, while 1,200 were executed.(Mentor, 2012) That’s already 10%, and those where only the ones the legal system caught.
So what is there to do? Well the first thing is to realize the irrelevance of the death sentence. It does more harm than good, and it’s perceived ‘justice’ in the public’s eye may only exist for the intentions of masking other failures in our prison system. Even if by some further unconstitutional probabilities, capital punishment was increasingly enforced for crimes like murder. If it became more timely, and was done with a consistency that allowed some actual deterrence towards crime to really develop, it would still do unimaginable harm to our civil liberties, considering wrongful convictions alone. All this leads me to deduce that the key to reducing and preventing crime (which is supposed to be the goal of the justice system) might not be found in the laws or punishments, as serious as they are, that it enforces, but really, in how the system works to change the society.
Resources such as crime prevention, mental health treatment, education, rehabilitation, and drug treatment are already underfunded prison programs that loose even more every time another person is put on on death row. Imagine if the costs attributed to death row went instead to things like educating those in prison; genuinely helping those who have made mistakes, monitoring them psychologically, and actually attempting to understand what social conditions brought them to this point, and then try to change those social conditions. There is really so much the prison system can do to gain insight and to help society, but for so many people, the ‘lock-em-up and throw away the key’ mentality is what prevails. ‘Criminals get what they deserve’, and ‘thats how they learn’. And so like children, retribution dominates our world view of justice as right under our noses, it perpetuates the very crime it fights, while it blocks our access to the source. The scale of justice can only measure in so far, in a world where complexity houses every situation. Down with death penalty. Down with death penalty.