Death Penalty: Pros and Cons

Let me set the scene for you. Stanley “Tookie” Williams, the co-founder of the most notorious gangs in LA, accused of killing 4 persons in an armed robbery, is on death row. His case is about to be reopened (now supposedly a changed man after years in solitary confinement) and his only way to escape execution…clemency from Governor Arnold Schwarzenegger. The evidence presented on his trial itself, collected from precarious and untrustworthy sources. Tookie never confessed to the killings, (but did confess to a violent past). The main evidence in his conviction, informants (themselves on serious charges of felony) stating that he had confessed to them.

The perfect case study for the national debate of Capital Punishment

“. . . What a state of society is that which knows of no better instrument for its own
defense than the hangman, and which proclaims . . . its own brutality as eternal law? . .
. [I] s there not a necessity for deeply reflecting upon an alteration of the system that
breeds these crimes, instead of glorifying the hangman who executes a lot of criminals
to make room only for the supply of new ones?” – Karl Marx, 1853

The death penalty is applied in the US only in cases such as Tookie’s. But TookieÃ?´s case like others to which the death penalty is applied other features other than the monstrosity of the crime committed. Racism, Uncertainty, Discrimination on the basis of economic status. Deterrence (is it serving its purpose??). Racism, according to Stats 42 % of death row inmates are African Americans. But the conviction doesn’t depend so much on the race of the perpetrators than on the race of the victim. A study, conducted by Glenn Pierce of the College of Criminal Justice at Northeastern University and Michael Radelet, sociology professor at the University of Colorado, found that people who kill whites are four times more likely to be sentenced to die than those who kill Latinos and three times more likely to get death sentences than those who kill African Americans

Lets compare that to the case of Tookie Williams.

He was an African American. His trial was shifted from LA to Torrance, which had lesser African Americans. The judge was Robert Martin, who had a very dirty history as regards racism and compared Tookie to the Bengal tiger in the San Diego zoo stating that he would behave like an animal if he were returned to his “habitat”. This judge removed all African Americans from the jury. The state Supreme Court later strongly reprimanded him for these practices in 2 other cases and reversed the death sentences in both of them. Lets look at a relative pro for the death penalty. Consolation to the victim’s family (trauma for the accused)? In the high improbability that he did kill those 4 Asians and whites, could his death actually have served as a consolation to the families of those 4? Perhaps it did, but does that bring the victim back to life? We must remove this eye for an eye mentality from our subconsciousness so as to progress in civilization.

Deterrence:

The basic idea of the death penalty is deterrence but has it served its purpose. According to some stats by conservatives the murder rate has decreased in states like Texas were the penalty is used the most. But taking an overall view we see that southern parts of the US were it is used the most the murder rate is the highest and in the northeastern states where the executions are least the murders are the lowest. Of course the case with Singapore is irrevocable. Their numbers in relation to the murder rates are ones some western countries can only dream of and their death penalty is applied whenever the …… is turned down. This is the non-plus ultra of the death penalty but the cultural changes in countries also differ…so what might apply in Singapore may not apply in the US. The reason why this deters crime in Singapore is that it has been so clearly ingrained in their citizensÃ?´ subconscious that if they commit such an act this is what would happen to them. Not the case in the US due to the ever-present opportunity for escape from execution. (avg. Time on death row inn 2004 was 11 years) and the possibility of life sentence. Since the sentencing of Tookie the gang activity has not decreased. Deterrence.NO! The penalty targets the poverty stricken, those who cannot afford good lawyers. What we must have is an intensive rehab course coupled with solitary confinement punishment for these persons.

Perhaps the death penalty is required but needs some serious tweaking to remove its racist justice distribution. Jury members are frequently reluctant to convict when it involves putting someone to death. The family of the criminal would suffer from seeing their loved one put to death. In most cases where the death penalty is applied the reason why the perpetrators commit such heinous crimes are beyond the comprehension of the average legal mind or society. Instead of killing let us rather help society advance by involving both treatment and punishment. Would you rather kill someone rather than spend some more tax money on treating and punishing him? So who are these people on death row? They are the poorest of the poor, the most powerless of the powerless. They are the product of the worst housing, the worst education, and the worst medicine. The typical person on death row is a young person who goes into a convenience store high on drugs, and because of his state of mind, misinterprets the actions of the person behind the counter, and nervously shoots and kills the person.

Yes, they went in there with the premeditated intention to commit a robbery. Although it is tragic that someone was shot and killed, isn’t it equally as tragic that the people committing these sorts of crimes have been driven to this often by the poor conditions in which they live and the financial hopelessness that they know? There used to be a beautiful image of a solemn, stern, and discerning woman who, with blind eyes and an impartial scale, determined what was the truth. Today this image, quite contrived in itself, has been betrayed. Through the lens of history, her blindfold is seen to be translucent; her countenance, sadistic; her scales, tipped by gold. Honor Lady Justice.

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