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The Controversy over the Death Penalty HE STOOD AT THE THRESHOLD OF THE EXECUTION chamber in Huntsville, Texas,18 minutes from death by lethal injection, when official word finally came that the needle wouldn't be needed that day The rumors of a 30day reprieve were true. Ricky McGinn, a 43-year-old mechanic found guilty of raping and killing his 12-yearold stepdaughter, will get his chance to prove his innocence with advanced DNA testing that hadn't been available at the time of his 1994 conviction. The double cheeseburger, french fries and Dr Pepper he requested for dinner last Thursday night won't be his last meal after all. Another galvanizing moment in the long-running debate over capital punishment: last week Gov. George W. Bush granted his first stay of execution in five years in office not because of deep doubts about McGinn's guilt; it was hard to find anyone outside McGinn's family willing to bet he was truly innocent. The doubts that concerned Bush were the ones spreading across the country about the fairness of a system with life-and-death stakes. "These death-penalty cases stir emotions; Bush told NEWSWEEK in an exclusive interview about the decision. Imagine the emotions that would have been stirred had McGinn been executed, then proved innocent after death by DNA. So, Bush figured, why take the gamble? "Whether McGinn is guilty or innocent, this case has helped establish that all inmates eligible for DNA testing should get it," says Barry Scheck, the noted DNA legal expert and coauthor of "Actual Innocence." "It's just common sense and decency." Even as Bush made the decent decision, the McGinn case illustrated why capital punishment in Texas is in the cross hairs this political season. For star... ... middle of paper ... ... life without parole. The difference is in the upfront prosecution costs, which are at least four times greater than in cases where death is not sought. California spends an extra $90 million on its capital cases beyond the normal costs of the system. Even subtracting pro bono defense, the system is no bargain for taxpayers. Whether you're for or against the death penalty, it's hard to argue that it doesn't need a fresh look. From America's earliest days, when Benjamin Franklin helped develop the notion of degrees of culpability for murder, this country has been willing to reassess its assumptions about justice. If we're going to keep the death penalty, the public seems to be saying, let's be damn sure we're doing it right. DNA testing will help. So will other fines. But if, over time, we can't do it right, then we must ask ourselves if it's worth doing at all.
Pilkington, Ed. "The Wrong Carlos: How Texas Sent an Innocent Man to His Death." TheGuardian. Guardian News and Media, 16 May 2012. Web. 30 Mar. 2014.
Although the flaws of death penalty are lucid, they are often times over looked by society. Innocuous people have been ruled to death based upon mistaken eyewitness testimonies, mistaken identity, and false confessions through coercion. Former Governor of Illinois George Ryan was a staunch proponent o...
“Our criminal justice system is fallible. We know it, even though we don 't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” -Eliot Spitzer
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
Capital punishment has long been a topic for heated debate throughout the United States of America and the civilized world. For many politicians, the death penalty has been a key pillar to winning a state or election; and, to some extent, politics have been a key influence in America’s justice system. Many nations have outlawed capital punishment, with the United States included between 1972 and 1976. In the United States, there has been a renewed movement for this “eye for an eye” method, citing such arguments as “deterrence” and “victims’ rights.” This movement begs a single question – is there any economical, legal, or statistical support for the ultimate punishment? This article will strive to answer that question by evaluating several key issues (be they supporting or otherwise) concerning capital punishment – the legitimacy of ‘deterrence,’ the legality of capital punishment under the Eighth Amendment’s “cruel and unusual punishment” clause, and the cost associated with putting a man to death in relation to the cost associated with life imprisonment.
Narration: In January 2000, Illinois Governor George H. Ryan, a republican who supports capital punishment announced that he was putting a stop to all executions in the state because the system…
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
The death penalty debate in the United States is dominated by the fraudulent voice of the anti-death penalty movement. The culture of lies and deceit so dominates that movement that many of the falsehoods are now wrongly accepted as fact, by both advocates and opponents of capital punishment. (Sharp) Opponents of capital punishment are extremely outspoken and vehement in their arguments. The American Civil Liberties Union believes the death penalty violates the constitutional ban against cruel and unusual punishment. However, the death penalty is not cruel and unusual punishment, the authors of the United States Constitution’s Eighth Amendment related “cruel and unusual” punishment to methods used in ages past. The Eighth Amendment was created to outlaw such practices as bur...
Recently on February 27, 2014, there has been evidence of a possible execution of an innocent man in Texas. Todd Willingham was convicted of setting his home on fire and murdering family members in 1991 and was executed in 2004. Jailhouse informant Johnny Webb, states in his testimony that this case, “was really based on a deal and misrepresentation …the system cannot be regulated... You cannot prevent the execution of an innocent person”. Willingham’s stepmother is “thrilled that all this has come to light… [and is] not asking for compensation” but for “justice” (Schwartz 1). Cases like these have caused mixed controversies when it comes to capital punishment.
Lewis, Neil A. “Death Sentences Decline, And Experts Offer Reasons.” The New York Times, Late Edition. New York, New York: Dec. 15, 2006. Print.
This extremely disturbing episode reenergized an ageless debate over the legality of the death penalty and sparked my passion on this controversial topic. The death penalty must be abolished in America. It goes against everything this country has stood for since the beginning of its existence. The underlying issues of constitutionality, morality, failure of deterrence, irrevocable mistakes, bias, and cost are among the many reasons that all point to how ridiculous of a punishment the death penalty actually is.
Since the 1700’s forms of the death penalty have been used for one reason or another, but today some disagree with this judicial practice. The death penalty is the ultimate punishment imposed for murder or other capital offenses, and in Alabama a capital offense is murder with eighteen aggravating factors. In 1972 the Supreme Court moved away from abolition, holding that “the punishment of death does not invariably violate the constitution” (Bedau, Case against 2). Since 1900, in this country, there have been on the average more than four cases each year in which an entirely innocent person was convicted of murder (Bedau 7) and because of these startling numbers people are against capital punishment. It is a horrible reality to convict an innocent person of a crime and even worse to put this person on death row. There are even more horrific stories, like the one of Roger Keith Coleman, who was executed in Virginia despite widely pu...
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
The death penalty or capital punishment is a controversial topic that many people like to ignore, or put on the back burner. The death penalty is a sentence, while capital punishment is the actual execution. It is wrong and immoral. In extreme crime cases where the death penalty would be considered, life without parole is the better consequence. Innocent people could, and have been put to death wrongfully. Racial bias, along with multiple other problems that this consequence holds shows why this sentence is an issue. Despite many flaws this sentence holds, states still actively use it. As of now, there are thirty-one states with the death penalty. The conversation is split between two groups. The people who want to abolish that sentence, and
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.