Death Penalty Essay Research Paper Analytical EssayDeath

Death Penalty Essay, Research Paper

Analytical Essay

Death Penalty

Introduction

In my analysis of A Case Against The Death Penalty by Hugo Adam Bedeau, the author discussed his views on the ethics of capital punishment. He identified eight arguments in his defense against this topic. The author s most compelling arguments were in deterrence, unfairness, inevitability of error and barbarity. I will oppose the author arguments against the death penalty. Specifically, I will argue that (1) justice must be served independent of the debates listed or argued and (2) that our society does not have a place for those individuals who circumvent the laws of civilized nations.

In the summary and critique of Bedau s view, I will argue that his viewpoint on the topic of death penalty is more hypothetically based on a utopian idea of humankind. I will state the opposing view that the death penalty is a matter of justice and equality for our society. I will place my focus purely on the cited examples and that the author may have a very compelling insight for a case against the death penalty but I believe that the loss of innocent lives through malicious and violent or evil acts MUST be respected by bringing the charged felon closer to his maker for final judgment.

Summary

The author s most compelling arguments are based on four issues that stir the debate between the pros and cons on the topic of capital punishment and the death penalty. One of the most often cited arguments is that of deterrence. The major purpose of criminal punishment is to deter future criminal conduct. The deterrence theory suggests that a rational person will avoid criminal behavior if the severity of the punishment outweighs the benefits of the illegal conduct. It is believed that fear of death deters people from committing crimes. Most criminals would think twice before committing murder if they knew their own lives was at stake. That if attached to certain crimes, the penalty of death exerts a positive moral influence by placing a stigma on certain crimes like manslaughter, resulting in attitudes of disgust and horror to such acts (McCuen, 1985). Bedau states that the facts to support this claim do not exist. He says that the death penalty fails as a deterrent for the following reasons: (1) Capitol punishment could be an effective deterrent if it were administered consistently and promptly; which because of due process cannot. (2) Those that cause premeditated violent crimes are ordinarily concentrating of escaping detection anyway so it would not deter them. As for those crimes not considered premeditated; those individuals are usually highly charged with emotional stress and logical thinking is not a conscious thought, so the threat is not a viable one.

The second issue in the capital punishment debate is unfairness. The author sites several statistical reference to the past in which African Americans were the most discriminated race in regards to capitol punishment and the death sentence. With the cultural acceptance of multiply races and racial discrimination laws, we would think that we as a society have stepped up to equality. However, the author states that there is still a disproportionately large fraction of black minorities on death row today. Both sex and socio-economical class are also factors that play into the determination of who is sentenced to death and executed. Approximately, ninety percent of those on death row could not afford to hire a lawyer when the were tried. (Tabak, 1989)

The third issue in this debate is the danger of mistake or inevitability of error. The unique thing about the death penalty is that it is final and irreversible. Since 1970, 77 people have been released from death row with evidence of their innocence. In this country alone since the 1900 s, there have been an average of more than four cases per year in which an entirely innocent person was convicted of murder. “No matter how careful courts are, the possibility of perjured testimony, mistaken honest testimony, and human error remain all too real. We have no way of judging how many innocent persons have been executed, but we can be certain there were some.” –J. Marshall (Bailey,)

These wrongful deeds have been a crime in and of itself. Oftentimes, the sentencing is due to overzealous prosecution, mistaken or perjured testimony, faulty police work, coerced confessions, the defendant s previous criminal record, inept defense counsel, seemingly conclusive circumstantial evidence, community pressure for a conviction, or a host of other reasons that flaw the justice system.

On a forth note for the case against the death sentence, the author describes how the traditional modes of execution, no matter what method is chosen, is barbaric in nature.

There have been seven main types of execution throughout history; hanging, firing squad, guillotine and then there was garroting, one of the more recent types is electrocution and finally there is Lethal injection. These last two methods were enacted to bring about humanness to the executions; however know one really knows how painless this method really is.

Critique

Bedeau s viewpoints as statistically stated are not argued. He basis his statements on research and provides sound judgment with his examples. The error of statistical reporting is that any researcher can p