FREE ESSAY ON CAPITAL PUNISHMENT

CAPITAL PUNISHMENT

CAPITAL PUNISHMENT
It is usually called, simply, the "chair" and at one time, was in constant use at New
York's legendary Sing Sing Prison. But, no executions have occurred in New York since
1963, a time when support for capital punishment was eroding across the country. The
state's capital punishment statute was declared unconstitutional in 1977. In this year,
and in each of the following 17 years, Democratic governors vetoed legislation to restore
the death penalty.
Yet, in 1994, with the coming of republican Governor George Pataki, an agreement was
quickly reached with legislative leaders on a law to revive the death penalty for several
categories of murder which included about ten types of homicides. The signing of the law
also replaced electrocution with lethal injection. New York's stance on capital
punishment reflects an ongoing, nationwide trend. More than thirty other states have
reinstated the death penalty since the early 1970's, with many others still considering.
Opinion surveys show strong support for the death penalty in all regions of the country
and among virtually all population groups. A Gallup Poll taken in 1994 reported that
eighty percent of the population favored the death sentence for persons convicted of
murder. About forty percent advocating the death penalty for homicide said that they
wanted revenge, "an eye for an eye." Roughly thirteen percent of the advocates cited its
alleged deterrent effect. Yet, law enforcement officials throughout the country do not
consider the death penalty as an effective deterrent. In a national poll in 1995 of 386
police chiefs and sheriffs, the death penalty was ranked as the least cost-effective way
of reducing violent crime.
For convicted murderers who have been sitting on death row for years, Congress and the
Supreme Court could turn the death penalty into a reality. A bill approved by the house
in early February of 1995 would curb the ability of inmates to file habeas corpus
petitions, in which they seek federal review of their convictions in state courts on
grounds that their constitutional rights have been violated. As the courts, lawmakers,
and the public continue the capital punishment debate, one of the key questions being
asked is if habeas corpus reform will speed the pace of executions. 
Supporters of the House-passed bill limiting habeas corpus appeals by prisoners say the
measure would save taxpayers money. Paul Kamenar, executive legal director of the
Washington Legal Foundation, a pro-death-penalty group says the habeas corpus bill "will
go a long way toward eliminating inordinate delays in (carrying out) the death penalty."
On the other hand, Leigh Dingerson, executive director of the National Coalition to
Abolish the Death Penalty, questions whether limiting habeas corpus appeals will have
much impact. "It's hard to tell what the effect will be because every case going through
the appeals process is different. Its not as if there are 2800 uniform cases that can all
be expedited the minute some legal barriers are lifted." She continues, "The pace of
executions may increase slightly, but we're not going to see floodgates opening."
The question of whether innocent people actually are convicted and executed is endlessly
debated. Discussion of the issue can revolve around a study published in 1987 by Hugo
Adam Bedau and Michael L. Radelet. These two named 350 persons which they said had
probably been wrongly convicted of potentially capital crimes in the U.S. between 1900
and 1987. Most were either pardoned or had their convictions overturned because of new
evidence. But, the authors say that twenty-three people were executed in error. Once
these guys are executed, there's really not much that can be done about it.
Many people often wonder if the death penalty deters people from committing capital
crimes. If you were to round of the some 3,000 people who are under death sentence in
this country and executed them all today on television, would the streets be any safer
tomorrow? Executions satisfy the public's demand that murderers suffer punishment
proportionate to their offense. A 1985 study shows that the death penalty deters more
potential homicides than earlier studies suggested. Yet, some experts argue that the
death penalty actually encourages homicide in some circumstances. It is said that the
threat of capital punishment raises the stakes of getting caught. Author Michael
Kronenwetter wrote, "Anyone already subject to the death penalty has little to lose by
killing again and again. The potential sentence can not be made worse than it already is.
This makes criminals who already face death for a previous crime more likely to kill in
order to avoid being captured...to silence any witnesses against them."
Many psychiatrists also speculate that homicide may occasionally serve as a roundabout
route t suicide. It was concluded that Gary Mark Gilmore committed two-execution style
murders in Utah because he knew that he would face the firing squad.
Another main issue at large in capital punishment is whether or not mentally retarded
defendants should be executed. Although death penalty opponents have had little success
in recent years, they have made progress in protecting mentally retarded defendants. A
popular case was that of Rickey Ray Rector, whose brain damage was so severe that he
planned to eat his dessert after his execution. There are about ten states now that ban
the execution of the mentally retarded, as do the 1988 and 1994 anti-crime bills passed
by congress. 
There were many early abolition efforts against capital punishment. Opponents of it
condemn the penalty as inhumane. By the mid-1960's, the death penalty seemed fated for
extinction. Just seven executions were conducted in 1965, one in 1966, and two in 1967.
Yet, today's modes of execution seem almost merciful. In ancient Persia, condemned
prisoners were often eaten alive by insects and vermin. During the Middle Ages, common
execution methods included mutilation, amputation, impaling, flaying, crucifixion,
boiling in oil, drawing and quartering, breaking on the rack, and burning at the stake.
Just as appalling, in a way, were the crimes that exposed offenders to such torture.
Under the Code of Hammurabi, selling beer illegally carried the death penalty. The
ancient Hebrews inflicted death on anyone found guilty of cursing his mother or father or
breaking the Sabbath. The Persians executed anyone who accidentally sat on the King's
throne.
From the late Middle Ages until the 18th century, the number of capital offenses
increased greatly in many European countries. In 15th century Britain, only eight
offenses were punished by death, including treason, murder, and rape. But the number of
capital crimes ballooned to about 350 by the mid-1700's. Public executions were festive
and frequent, and hawkers sold refreshments and programs.
Meanwhile, a movement to abolish capital punishment was gaining support throughout
Europe. In 1753, Russia became the first important nation to ban the death penalty.
American colonies prescribed death for fourteen offensives, but the number for which
death was actually imposed varied from colony to colony. For example, in 1936, the
Massachusetts Bay Colony listed thirteen capital crimes. A century and a half later, nine
such offensives are recognized.
Many death penalty opponents also considered life imprisonment more effective than
executions as a crime deterrent. While the cost debate still swirls on, a nationwide
consensus is emerging on execution technology. Just as electrocution once was hailed as
more humane than hanging, lethal injection is now the execution method of choice in most
death penalty states.
Bibliography
?WORKS CITED
Bedau, Hugo Adam, Radelet, Michael L. Miscarriages of Justice in Potentially Capital
Cases. Stanford Law Review, November 1987.
Bendavid, Naftali. What Ever Happened to Habeas Reform? Legal Times, May 16, 1994.
Dicks, Shirley, ed., Congregation of the Condemned: Voices Against the Death Penalty.
Prometheus Books, 1991.
Monk, Richard C. Taking Sides: Clashing Views on Controversial Issues in Crime and
Criminology. Dushkin Publishing Group, Brown & Benchmark Publishers, 1996.
Sack, Kevin. Strict Rules on Death Penalty Are Urged by Lawyers' Group. New York Times,
December 31, 1994, p. A28.
Spertzel, Jody K. Government Officials Support Alternatives. Corrections Today, October
1993, p. 16.
White, Welsh S. The Death Penalties in the Nineties: An Examination of the Modern System
of Capital Punishment. The University of Michigan Press, 1991.