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Death Penalty for the Innocent Death penalty the higher measure of execution. From the ancient days until nowadays society exercises its right to execute people. I want to admit that our legislative branch of power walked through many changes. Good changes, as it is, because there are no auto-da-fe and Lincolns courts. So, some people find these changes as very distressing ones. We have very democratic legislative system.
On other hand each of existing systems is far from perfection. In the case of death penalties it is a possibility to execute an innocent person. This is the theme of this paper and for the next few pages I will try (using some sources) to expose my point of view. I don't believe in the death penalty because I believe that it is an easy way out of prison life. Life in prison should always be the sentence if the alleged murderer is claiming innocence because if you execute him you may never find the true killer. Bibliography I will use in my paper: Race and the Death Penalty, Death Penalty information Center, 2005 Michael Nevin, Death Decisions, The American Daily, 2004.
Dudley Sharp, Innocence Issues The Death Penalty, 2005. Maryland Study Finds that Race and Geography Play Key Roles in Death Penalty, January, 2003. U. S. : Death by Discrimination - The Continuing Role of Race in Capital Cases, Amnesty International. Have innocent civilians been sentenced to the death penalty or even executed?
As states Michael Nevin such deep conveniences are nothing more than just a myth. It is hard to explain why thoughts about executed innocence disturb so many people. Maybe the basis for such myth followed people from ancient, barbarian times till nowadays. Maybe current distrust to government adversely affect social opinion or maybe it is all about books and films where executing of innocence have lost it charm of novelty and now is perceived like an ordinary yet negative thing. Michael Nevin states, Several myths about the death penalty have been reported but continue to be debunked upon closer examination. The Liebman study at Columbia University, Broken System: Error Rates in Capital Cases, 1973 - 1995, released its results in 2000 claiming serious flaws in the system, including a high error rate.
It was later revealed that the misleading error included any issue requiring further review by a lower court, even when the court upheld the sentence. The 23 -year study found no cases of mistaken executions. The numerous appeals in capital cases demonstrate the extraordinary adherence to due process. (Death Decisions) Michael Nevin also has his own precisely point of view about human prejudice about death penalties for innocence The fallacy that innocent people are being executed cannot be validated, and it is intellectually dishonest for opponents of the death penalty to perpetrate this myth. The death penalty in America is undoubtedly one of the most accurately administered criminal justice procedures in the world. (Death Decisions) I suspect that such efficient position has for a basis deep convenience of this person in necessity of death penalties. I have my own pessimistic doubts about such perfect and the most accurately administered criminal justice procedures in the world but it is all because of my negative attitude to death position. Michael Nevin has his point of view (of course, perplexed with facts) about racial issue in death penalties.
His position is perfectly clear. According to Michael Nevin The issue of race has been cited by critics, who complain that minorities are unfairly chosen for death sentences. (Death Decisions) I admire those people who like Michael Nevin have his solid point of view, no matter how it answers the reality. I know that there are facts, which support his point of view, but on other hands there are other facts too. According to the U. S. Bureau of Justice Statistics, since the death penalty was reinstated by the Supreme Court in 1976, white inmates have made up more than half of those under sentence of death.
In 2002, 71 persons in 13 states were executed: 53 were white and 18 were black. The Cornell University study found that African Americans represented 41. 3 % of condemned inmates while they committed 51. 5 % of homicides. (Death Decisions) Now lets see the other side of the coin. According to the Amnesty International race is still an issue and very hot issue. Even though blacks and whites are murder victims in nearly equal numbers of crimes, 80 % of people executed since the death penalty was reinstated have been executed for murders involving white victims. More than 20 % of black defendants who have been executed were convicted by all-white juries (Amnesty International) Race and geography united together make the issue even more painful. The University of Maryland made very precious research, which proves that those two factors play an important role in who faces the execution.
Studies also shows that the opportunity to get death penalty for killing a white person is higher then on the contrary. New report published in American Civil Liberties research prosecutorial discretion in the charging, etc. According to that report Race is a controlling factor in the way the death penalty is administered in Virginia. Trial attorneys appointed to represent those on Virginia's death row are six times more likely to be the subject of bar disciplinary proceedings than are other lawyers. The U. S.
Court of Appeals for the Fourth Circuit has granted relief in only one of 131 capital cases between 1978 - 1997 (Race and the Death Penalty) Justice Department released a review of the federal death penalty. The statistic, which is represented in review, is very disturbing and Deputy Attorney General Eric Holder fells pretty much disturbed about it. I can't help but be both personally and professionally disturbed by the numbers that we discuss today, " she said "No one reading this report can help but be disturbed, troubled, by this disparity. " (Race and the Death Penalty) According to the review more than 80 %of the all cases submitted for death penalty in the past five years have involved racial minorities as defendants. And African-Americans were charged in more than half of those cases. There are great numbers of facts that deny Nevins statements about racial issues. So maybe he is wrong about mythical origin of death penalty for innocence too?
As for that, my position is clear. Im against death penalties and I can explain why. Of course the main problem is that an innocent can be executed and it is awful sin. But my position is based on another reason I don't believe in the death penalty because I believe that it is an easy way out of prison life. Really, try to imagine for a few moments that you are sentenced for a 50 years of prison life. If youll get lucky you will become free at nearly 80 (If you were nearly 30) All you life will pass away, and everything you will see fro all this long, unbearably long life will your cell, brief walks and friendly mates.
No life in exchange of other ruin lives. I think that the better punishment can be hardly found. I know that many people are not agreed with my point of view and hold on to the old eye for eye way of punishment. I can understand them and they arguments are very persuasive but I do not want to change my position.
As for the innocent people charged in crimes and then releases statistic is rather astonishing. According to Dudley Sharp Since 1973, 102 (now 114) people in 25 states have been released from death row with evidence of their innocence. The foundation for these claims begins in 1993, when a study, released by US Rep. Don Edwards, purported to find that 48 innocents had been released from death row since 1973. Rep. Edwards concluded that "Under the law, there is no distinction between definitively innocent and those found innocent after a trial.
But this is not true. Dudley Sharp doesnt says that Rep. Edwards lies, the thing is that The law recognizes the specific distinction between those legally innocent and those actually innocent, just as common sense dictates. Yes, there is a difference between the truly "I had no connection to the murder" cases and "I did it but I got off because of legal error" cases. (Innocence Issues The Death Penalty) Rep. Edwards made a very interesting thing he combines the statistic of those two aforementioned groups for his report. In such cases it is useful to check information using statistical calculations from legal sources such as The Death Penalty Information Center (the DPIC).
The more interesting it become because DPIC has the same pint of view as Rep. Edwards. According to death penalty opponents, who say they make no distinction between legal and factual innocence because there is no difference between the two under the law and because there is no objective way to make such a determination. 'They " re innocent in the eyes of the law, ' Dieter says. 'That's the only objective standard we have. (Innocence Issues The Death Penalty) An interesting claim, dont you think? I think that such statistic is very persuasive by itself. The possibility of executing an innocent really exists. I do not believe in its mythical nature and that is why my position is solid no death penalties because penal servitude for life is far more better punishment and it gives a small opportunity to correct mistakes.
Hope none of them ever happen. Bibliography Race and the Death Penalty, Death Penalty information Center, 2005. web Michael Nevin, Death Decisions, The American Daily, 2004. web Dudley Sharp, Innocence Issues The Death Penalty, 2005. web Maryland Study Finds that Race and Geography Play Key Roles in Death Penalty, January, 2003. web U.
S. : Death by Discrimination - The Continuing Role of Race in Capital Cases, Amnesty International. web
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Research essay sample on Death Penalty For The Innocent
