In his article “Death and Justice”, Edward Koch insightfully argues his reasons for supporting capital punishment. He explains his position for supporting the death penalty by examining common arguments against it. The arguments are: how the death penalty is inhumane, how no other democracy uses it, how there is a chance for an innocent person to be put to death, how it diminishes the value of life, how it is used discriminatorily, how it is against Biblical principles, and how it is allowing the state to murder.
Critical Evaluation of Work
One argument that Edward Koch examines is that the death penalty is inhumane. He mentions the “tales of lingering death on the gallows, of faulty electric chairs, or of agony in the gas chamber” (97) that his opposition uses to justify their stance against capital punishment. Koch concludes that these people are not upset with the method to carry out the punishment, but the punishment itself. He states that although some may not like the death penalty as a form of justice, that any other punishment would be an injustice. In Scripture, it reads that he who strikes a man, so that he dies, shall be put to death (Ex. 21:12). Koch’s position, that capital punishment is the only way to deal with murder, is shown in Scripture.
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Although Koch shows justification behind capital punishment, one point that is lacking in support, is that the death penalty is used in a discriminatory manner.
Koch argues that “the factor no longer seems to be the problem that it once was” (98). He supports this by explaining that the appeals process “is lengthy and painstaking”. However, in a study done by Richard Dieter, senior program director of the Death Penalty Information Center, he concludes that “the rate that eligible black defendants were sentenced to death was nearly 40% higher than the rate for other eligible defendants.” For those reading Koch’s article, it can be concerning that he failed to research the topic of discrimination
further. Koch addresses the argument of the Bible saying ‘Thou shalt not kill’. Some will try to use this as a reason to dismiss the use of death penalty. However, Koch explains that “In the original Hebrew . . . the Sixth Commandment reads, ‘Thou Shalt Not Commit Murder’.” The Bible makes it clear that capital punishment, and accidental killing, are not the same as murder (Ex. 21:12-14). Koch states that this “biblical viewpoint has been upheld by philosophers throughout history.” Koch easily shows the argument to be an error in translating, while also showing that some of the greatest men in our nation’s history supported the use of capital punishment. Application of Major Ideas Conservative Christians can apply Koch’s article to their lives by realizing that capital punishment is a duty, justified by the Bible, to be completed. They need to be able to see that God gave us capital punishment for a reason, and that it should be used without having to feel the guilt of killing. To not use capital punishment for crimes of murder, is to place the value of the murderer’s life above that of his victim.
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
This not only reflected Koch’s intellectual rigor and reach, but also revealed how complex the issue of capital punishment is not only for political leaders but society as a whole. Moreover, it was interesting to see that the essay was published in the New Republic, which has been liberal periodical that typically made editorial arguments against capital punishment. For the publication is to provide Koch with the platform for him to express his viewpoint illustrated in its own intellectual openness and rigor as well as served to further as that was its position as a leading publication regarding critical thought in the United States.
The death penalty, a subject that is often the cause of major controversy, has become an integral part of the southern justice system in recent years. The supporters and opponents of this issue have heatedly debated each other about whether or not the death penalty should be allowed. They back their arguments with moral, logical, and ethical appeals, as seen in the essays by Ed Koch and David Bruck. Although both authors are on opposite sides of the issue, they use the same ideas to back up their argument, while ignoring others that they don’t have evidence for. Koch and Bruck’s use of moral, logical, and ethical persuasion enhance both of their arguments and place a certain importance on the issue of the death penalty, making the readers come to the realization that it is more than just life and death, or right and wrong; there are so many implications that make the issue much more 3-dimensional. In dealing with politics and controversial issues such as capital punishment.
Edward Koch, who was former mayor of New York, wrote an article about one of the most controversial talks called the death penalty. This controversial topic questions if it is right to execute a person for a crime committed or if it is wrong. He made the point that the death penalty is good, in order to conclude that murderers should be punish with this penalty. He was bias in most of the passage, yet he tried to acknowledge other people’s opinion. In this article, Koch gives his supports to the idea to convict a murderer with death penalty by using a tone of objectiveness, shooting for the individuals who opposes his position to be the audience, and have a written form of conviction for the audience.
The essay “Death and Justice: How Capital Punishment Affirms Life,” by Edward I. Koch, is a rather conservative outlook of the death penalty from a member of the Democratic Party. It first appeared in The New Republic, a magazine that is known for its controversial articles. In the essay, Koch effectively argues the fact that capital punishment is not only a deterrent for crime, but also affirms the sanctity of life.
...uasion by the use of varies cases to support his argument. He mostly employs techniques such as juxtaposition, rhetorical question, and pathos and logos to strengthen his argument. However, his lack of use of an array of techniques makes his essay come short. In addition, when he states that “these are just the tiresome facts” he disregards his whole argument before that sentence by making it seem like his argument is irrelevant. Moreover, he fails to mention to his readers that he is a lawyer and also does not mention his cases which would have given him an authoritative position far better than Mayor Koch to state his view on the subject of death penalty. However I do agree with in saying that justice does demand that we punish murderers but not by execution but rather by imprisonment in which their bad conscience would become their enemy and tormentor for life.
This research essay discusses racial disparities in the sentencing policies and process, which is one of the major factors contributing to the current overrepresentation of minorities in the judicial system, further threatening the African American and Latino communities. This is also evident from the fact that Blacks are almost 7 times more likely to be incarcerated than are Whites (Kartz, 2000). The argument presented in the essay is that how the laws that have been established for sentencing tend to target the people of color more and therefore their chances of ending up on prison are higher than the whites. The essay further goes on to talk about the judges and the prosecutors who due to different factors, tend to make their decisions
In several cases and studies, there is a substantial amount of racial bias in the criminal justice system. In fact, the 1978 McClesky conviction has proven to support Baldus’s study in 1998. Warren McClesky, an African American male, was found guilty of killing a Georgia police officer. The legal team who represented McClesky exposed a study that showed how biased racial inequality is in the death penalty, but the court contended the argument because “disparities in sentencing are an inevitable part of our criminal justice system” (Touré). Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the
This paper focuses in on one of those "junctures" - the death penalty. The racial disparities that Donziger finds in the prisons can also be found in death row. To be exact, African-Americans are 12% of the US population, but they make up 40% of the death row population.2 I, like Donziger, believe something more is at work; and in the tradition of Ture and Hamilton, I believe that this something works in covert ways. It would almost be better if we could place the blame on blatant racial discrimination. But the death penalty does not serve the explicit purpose of oppressing Blacks. Racism persists, but it has taken on more implicit, more subtle, and arguably more harmful forms. The death penalty is a timely lens through which to observe the covert racism that operates in institutional settings. This topic can be overwhelming, and this paper is in no way comprehensive. Rather, it is an opportunity to string together some soci ological and legal concepts with personal analysis in the desire to demonstrate that the death penalty and the institutions surrounding...
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
In his essay, “Death and Justice: How Capital Punishment Affirms Life,” Edward I. Koch, mayor of New York from 1978 to 1989, argues in favor of the death penalty. His essay was first published in The New Republic on April 15, 1985, a political magazine read by highly influential and educated readers according to “About The New Republic,” to sway readers who did not have a solid perspective of the death penalty. Koch argues that “Life is indeed precious, and I believe the death penalty helps to affirm that fact.” Koch primarily focuses on refuting seven counterarguments against the death penalty. Although Koch presents some logical refutations, Koch’s argument is seriously flawed in his use of fallacious and hypocritical arguments, and lack
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
“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.
The America that we live in today is one that is divided in more ways that we can imagine. Issues such as race, gender, sexual orientation, religion, socioeconomic status, and political views are all issues that polarize our great nation. Within each of these categories lie more specific and focused issues that can be as equally debated and unsettled. Issues such as abortion, gay rights and other ideas that deal with human liberty and freedom are often considered to be hot button issues in politics and can even invoke strong enough emotions to influence presidential elections. One issue of this nature that has been the topic of great discussion and debate over the last century, especially in the United States, is the idea of capital punishment, more commonly referred to as the death penalty. Before we engross ourselves in debate as to whether we support it or not, we must first take a step back and realize the great complexity of this issue and what has allowed it to remain such a great topic of debate for so long. When debating over many of the concepts that we consider to be controversial, there is often times only one thing at play. However, the death penalty is very unique in that it stretches over a vast number of fields, all of which must be examined to make an informed decision. What I mean by this is that the death penalty is not a focused issue; instead it combines a great number of fields, including philosophy, ethics, theology, criminal justice, and others. It is not fair to approach this debate and only focus on one of these complex areas, instead one must examine each one carefully and in the end make an informed decision based on a culmination of them all. *Ultimately you will see that the death penalty is a powerfu...