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Example research essay topic: First Degree Murder Opponents Of The Death Penalty - 1,101 words

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... ive unnecessary deaths that occur each year because our government does not take care of the murderers the first time around? The death penalty can save lives by stopping repeat murderers, but does it deter murder? Opponents of the death penalty argue that there is no deterrent effect.

However, there are a number of studies that indicate that the contrary is true. A study by W. Bailey of the period from 1967 - 68 showed a deterrent effect in twenty-seven states ("Justice For All" 5). A later study by him showed a deterrent effect in twenty-five states ("Justice For All" 5). During the moratorium on Capital punishment in the United States, murder increased by one hundred percent ("Justice For All" 5).

A review of the fourteen nations who abolished the death penalty showed that the murder rate increased by seven percent from the five-year pre-abolition period to the five-year post-abolition period ("Justice For All" 5). Since 1990, Harris County, a single county in Texas has had more executions than any other state in the United States. During the period between 1990 and 1995, Harris County has had a forty-eight percent drop in crime, the greatest decrease in the United States. In Harris County, the highest homicide rate was in 1981, one year before the death penalty was reinstated in Texas ("Justice For All" 6). All of these studies indicate that implementation of the death penalty correlates with a drop in the homicide rate. A study by Stephen K.

Layton at University of North Carolina at Chapel Hill showed that each execution deters an average of eighteen murders (Lowe 1). By increasing the use of the death penalty, thousands of lives could be saved. In Utah, there have been five executions since 1977. During the year following each execution, there was a significant drop-off in the homicide rate (Lowe 1 - 2). Criminologist Steven Stack recently found that after a widely publicized execution, there was a drop in the homicide rate. He found this drop to be more significant with whites than with blacks (Morin 1).

An appropriate analogy was when 'Has Barshay said, 'The death penalty is a warning, just like a lighthouse throwing beams out to sea. We hear about shipwrecks, but we do not hear about the ships the lighthouse guides safely on their way. We do not have proof of the number of ships it saves, but we do not tear the lighthouse down, '' ("Justice For All" 5). Although the death penalty is a deterrent, it is not nearly as strong a deterrent as it would be were it implemented more often. The deterrence theory states that in order for a crime to be deterred, justice must be swift, severe, and certain. With numerous appeals, the death penalty is not swift.

In fact, the average amount of time spent on death row before being executed is ten years (Jacobs 77). In addition, between 1977 and the present, the execution rate per murder is. 055 percent (Morin 2). In other words for every 1800 murders, only one person is executed. Thus, the death penalty is not certain either. In fact, most murderers can rest assured that more than likely they will not be put to death. The death penalty is severe.

If it were altered so that it became swift and certain, there would be a significant drop-off in the homicide rate. People have a natural fear of death. It is a common trait of man that we think about the consequences before we act. If not consciously, we still think about them subconsciously.

Imagine for a minute what the world would be like if every time a murderer killed someone, he died instantaneously. More than likely, there would be an extremely low homicide rate. Of course, it is impossible to make that a reality, but our government can make justice much more swift, severe, and certain than it already is if we simply increase the use of capital punishment and change the laws so that it is faster and has a shorter appeals process. The death penalty is important because the lives of thousands of potential victims who are at stake. Given the benefits of capital punishment, it is hard to imagine why anyone would be against it, but there are several arguments against the death sentence that need to be addressed. Opponents of the death penalty point out that there is a possibility of wrongly executing an innocent man.

Of course, there is a possibility of wrongly sending an innocent man to prison, or wrongly fining an innocent man, but they contend that because of the finality and severity of the death penalty, the consequences of wrongly executing an innocent person are much more unjust. There has never been any proof of an innocent man being executed, although there are some studies that show in a few cases, there is a possibility that someone was wrongly executed ("Justice For All" 2). One of the most often quoted studies of innocent men being executed is the Bedau-Radlet Study. It is the most comprehensive study ever done in this area and has found twenty-two cases where the defendant may have been wrongly executed.

This study is very controversial and many studies such as Markman and Casual, found the study's methodology so flawed that in at least twelve of those cases there was substantial evidence of guilt and no evidence of innocence. In the other eleven cases, the Bedau-Radlet study placed almost no weight on the jury's verdict, and the evidence available only proved that the case was questionable, not that the defendant was actually innocent ("Justice For All" 2). Another point to be made is that our judicial system takes many precautions to ensure that the rights of the innocent are protected. In order to understand this, one must look at the complex process required to convict someone of first-degree murder and get him sentenced to death. First a person is arrested and given an attorney. Evidence must be presented proving beyond a reasonable doubt that the defendant committed first-degree murder.

The defendant must have been in a clear state of mind. After a five to six week trial, the defendant goes on to a second trial to decide whether or not he deserves the death penalty. Again, a full trial is held. Defense presents evidence on why this murderer does not deserve to die.

After this occurs and the murderer is sentenced to die, his case is automatically appealed to the state Supreme Court. After that, he may file a number of different appeals. Finally, ...


Free research essays on topics related to: opponents of the death penalty, deterrent effect, first degree murder, homicide rate, capital punishment

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