Final Mediation!

Many nations have authorized the use of the death penalty, capital punishment, as a form of punishment. However, some countries and states have eradicated capital punishment, imposing life sentences with no parole instead. Thirty-four states in our country permit executions, but the practice has long been controversial. Arguments for and against the death penalty have involved many issues including innocent deaths of wrongfully convicted individuals; the question of the best deterrence against capital offense crimes; and prejudicial issues, such as racism, which effect decisions that should be more objective.

The potential of killing an innocent person is an irreversible decision that pulls both views into a tug-of-war situation. There are those that believe that even the slightest possibility of executing an innocent person is completely ridiculous. Certain studies point out instances where convicted criminals have been released from death row because of evidence proving their innocence. “A study published in 1982 in the Stanford Law Review documents 350 capital convictions in which it was later proven that the convict had not committed the crime. Of those, twenty-three convicts were executed; others spent decades of their lives in prison. In a 1996 update of this study, it was revealed that in the past few years alone, four individuals were executed although there was strong evidence that they were not guilty of the crime for which they were condemned” (American). There is also the viewpoint that takes the stance that our justice system is not that flawed. It has been said that Americans has been falsely mislead about all the “innocent” people convicted on death row. “A review of death penalty judgments over a 23-year period found a national error rate of 68%” (Eddlem). There is DNA testing and other methods that are used during crime scene investigations that can effectively eliminate all uncertainty of a person’s innocence or guilt. It is hard to make a decision whether our society should have the death penalty with the risk of innocent lives being taken-but then again, are the reviews about innocent people on death row misleading?

In reaching a common ground between those that believe in the death penalty and those that do not, serious consideration should be taken of whether the punishment fits the crime. The whole point of the death penalty is to inflict the murderer with the worst possible punishment, so that they too can feel the pain that they have imposed upon others due to their heartless crimes. You cannot really define what extreme cruelty is in accordance to all people. Some people may find that spending the rest of their life in prison, rotting away in a jail cell, is the worst form of penalty. Others may feel that killing them and taking their whole life away is worse. When it comes down to it, people cannot even decide in our country today which is going to be the worst form of punishment. It is hard to find a common ground on deterrence when both sides of the different punishments bring up valid points.

There are many thoughts on the best deterrent for capital crimes. Many believe if the death penalty is assessed to a criminal, that people will see a “cause and effect” relationship between killing someone and the loss of their own life. It is obvious that capital punishment serves as a specific deterrence: the executed murderer will never kill again. However, the thought that capital punishment is more effective at deterring potential criminals from committing crimes rather than life in prison is a big debate. There have been many studies that show both sides (life in prison vs. death penalty) of the argument. One study showed that:
“The two states with the most executions in 2003, Texas 24, and Oklahoma 14, saw increases in their murder rates from 2002 to 2003. Both states had murder rates above the national average in 2003: Texas - 6.4, and Oklahoma - 5.9. The top 13 states in terms of murder rates were all death penalty states. The murder rate of the death penalty states increased from 2002, while the rate in non-death penalty states decreased” (Punishment).

This study resolves that the life in prison is more effective than the death penalty. There are also other statistics that show that that the death penalty does deter crime. In Shepherd’s journal article, he refers to a study that tried to figure out whether the death penalty deterred crime. “He found a statistically significant negative relationship between the murder rate and execution rate, indicating a deterrent effect: more executions meant less crime. Specifically, he estimated that each execution resulted in approximately seven or eight fewer murders” (Shepherd 203). There is also a chart that visualizes what she is talking about. In New York, it was reported that “…in 1995, violent crime has dropped 23%, assaults are down 22%, and murders have dropped by nearly one-third” (Schonebaum 11) because of the death penalty. In the end or rather at this point in time, society has not been able to prove or disprove either standpoint in the effort to effectively deter crime.

Many consider that the death penalty should be outlawed because of its unfairness to minorities in capital punishment cases regardless of its effectiveness as a deterrent. The question of whether racism plays a role in sentencing those to death row is a question that has yet to be answered. “As of January 1994, according to the NAACP's Legal Defense and Education Fund's publication Death Row, U.S.A., 40 percent, or 1,117, of the prisoners under sentence of death in America were black, despite the fact that blacks comprise only about 12 percent of the national population. In some states, blacks outnumber whites on death row” (Ross). The fact that race may enter the justice system is of deep concern. If racism did play a role in capital punishment, then it could be that the irrelevant factor of what color skin a person has will determine who receives the death penalty. In today’s judicial system the “Chief Prosecutors, who are overwhelmingly white, make some of the most critical decisions vis-à-vis the death penalty” (Henningfield 120). If equality in race is not shown in the people making the decisions, the fact of whether it could roll over into the people convicted is a concern. There is the opposing viewpoint that says that research does not support the perception that racial unfairness affects the use of the death penalty. “According to the Bureau of Justice Statistics, whites who are arrested for murder or negligent manslaughter are actually more likely than their black counterparts to be sentenced to death (1.6% vs. 1.2%). Of those inmates under death sentences, white are actually likelier than blacks to have their sentences carried out (7.2% vs. 5.9%)” (Henningfield 125). Race determining court decisions will continue to be an issue in capital punishment as it has not been completely proven or disproven that race is a factor in the justice system. Until it can be determined, the battle on racial inequality will continue.

Many consider murder to be “unlawful” killing of someone else while capital punishment is lawful since it is handed down in a court of law. Many others consider the death penalty to be used on the old reasoning of “an eye for an eye, a limb for a limb, and a life for a life.” With this argument it seems that justice is defined as you reap what you sow. There are the constant battles between each side of the argument debating which would make the better choice. For now America should impose both life in prison and capital punishment and choose based on the circumstances involved. It has yet to be determined whether life in prison or the death penalty deters the most crime. Racial bias is also still lingering in the question of whether the death penalty makes decisions based on the color of someone’s skin and therefore not a fair punishment. The weighing issue of the possibility of killing an innocent person’s life with the death penalty is in the forefront of most arguments. Both sides have their points of validity making this argument unable to mediate. Capital punishment brings arguments to the table where both proponents and opponents bring substantial evidence in support of their view. The best possible answer for our justice system right now is to keep things as is with both the choice of life in prison and capital punishment for deserving criminals. Before any serious decisions can be made, reform must take place. All areas of the death penalty need to be examined in order to make an appropriate decision. If the death penalty is chosen to be a means of punishment in our country then “In order for the death penalty to remain a meaningful and effective punishment…legislators and judges need to make necessary changes” (The Death Penalty 186). These changes need to reflect the views of the American people and society. (DP 186) Until that is done, this issue remains what it always has been—a dispute.

American Civil Liberties Union. "Capital Punishment Should Be Abolished." Opposing Viewpoints: Criminal Justice. Ed. Tamara L. Roleff. San Diego: Greenhaven Press, 2004. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008 http://find.galegroup.com/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&tabID=T010&prodId=OVRC&docId=EJ3010120257&source=gale&srcprod=OVRC&userGroupName=scschools&version=1.0.

Eddlem, Thomas R. "Arguments Against the Death Penalty Are Flawed." At Issue: The Ethics of Capital Punishment. Ed. Nick Fisanick. San Diego: Greenhaven Press, 2004. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008 http://find.galegroup.com/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&tabID=T010&prodId=OVRC&docId=EJ3010313203&source=gale&srcprod=OVRC&userGroupName=scschools&version=1.0.

Henningfeld, Diane Andrews, ed. The Death Penalty: Opposing Viewpoints. Detroit: Greenhaven Press, 2006.

Ross, Michael. "The Death Penalty Is Applied Unfairly to Blacks." Opposing Viewpoints: The Death Penalty. Ed. Paul A. Winters. San Diego: Greenhaven Press, 1997. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008 .

Schonebaum, Stephen E, ed. Does Capital Punishment Deter Crime? San Diego: Greenhaven Press, 1998.

Shepherd, Joanna. "Deterrence versus brutalization: capital punishment." Michigan Law Review 104.2(2005): 203.

Death Penalty Mediation Rough Draft

Throughout history, many nations have authorized the use of the death penalty, capital punishment, as a form of punishment. In more modern times, some countries and states have eradicated capital punishment, imposing life sentences with no parole instead. In today’s society, 34 states in our country permit executions, but the practice has long been controversial. Some believe that the death penalty should not be used in our society because there is the potential of killing innocent people that were wrongfully convicted among other reasons. Others believe that capital punishment is necessary retribution for the crime of murder in the fashion of an eye for an eye.

In reaching a common ground between those that believe in the death penalty and those that do not, serious consideration should be taken of whether the punishment fits the crime. The whole point of the death penalty is to inflict the murderer with the worst possible punishment, so that they too can feel the pain that they have imposed upon others due to their heartless crimes. You cannot really define what extreme cruelty is in accordance to all people. Some people may find that spending the rest of their life in prison, rotting away in a jail cell, is the worst form of penalty. Others may feel that killing them and taking their whole life away is worse. When it comes down to it, people cannot even decide in our country today which is going to be the worst form of punishment. It is hard to find a common ground when both sides of the different punishments bring up valid points.


Deterrence is a common theory that Americans hold about the death penalty. Many believe if the death penalty is assessed to a criminal, that people will see a “cause and effect” relationship between killing someone and the loss of their own life. It is obvious that capital punishment serves as a specific deterrence: the executed murderer will never kill again. However, the thought that capital punishment is more effective at deterring potential criminals from committing crimes rather than life in prison is a big debate. There have been many studies that show both sides (life in prison vs. death penalty) of the argument. One study showed that:

“The two states with the most executions in 2003, Texas 24, and Oklahoma 14, saw increases in their murder rates from 2002 to 2003. Both states had murder rates above the national average in 2003: Texas - 6.4, and Oklahoma - 5.9. The top 13 states in terms of murder rates were all death penalty states. The murder rate of the death penalty states increased from 2002, while the rate in non-death penalty states decreased (“Punishment”).”

This study resolves that the life in prison is more effective than the death penalty. There are also other statistics that show that that the death penalty does deter crime. In Shepherd’s journal article, he refers to a study that tried to figure out whether the death penalty deterred crime. “He found a statistically significant negative relationship between the murder rate and execution rate, indicating a deterrent effect: more executions meant less crime. Specifically, he estimated that each execution resulted in approximately seven or eight fewer murders (Shepherd 203).” There is also a chart that visualizes what she is talking about. In New York, it was reported that “…in 1995, violent crime has dropped 23%, assaults are down 22%, and murders have dropped by nearly one-third (Schonebaum 11)” because of the death penalty. In the end or rather at this point in time, society has not been able to prove or disprove either standpoint in the effort to effectively deter crime.

The potential of killing an innocent person is an irreversible decision that pulls both views into a tug-of-war situation. There are those that believe that even the slightest possibility of executing an innocent person is completely ridiculous. Certain studies point out instances where convicted criminals have been released from death row because of evidence proving their innocence. “A study published in 1982 in the Stanford Law Review documents 350 capital convictions in which it was later proven that the convict had not committed the crime. Of those, 23 convicts were executed; others spent decades of their lives in prison. In a 1996 update of this study it was revealed that in the past few years alone, four individuals were executed although there was strong evidence that they were not guilty of the crime for which they were condemned (American).” There is also the viewpoint that takes the stance that our justice system is not that flawed. It has been said that Americans has been falsely mislead about all the “innocent” people convicted on death row. “A review of death penalty judgments over a 23-year period found a national error rate of 68% (Eddlem)." There is DNA testing and other methods that are used during crime scene investigations that can effectively eliminate all uncertainty of a person’s innocence or guilt. It is hard to make a decision whether our society should have the death penalty with the risk of innocent lives being taken-but then again, are the reviews about innocent people on death row misleading?

Racism is another big issue thrown into the capital punishment debate. Many consider that the death penalty should be outlawed because of its unfairness to minorities in capital punishment cases. The question of whether racism plays a role in sentencing those to death row is a question that has yet to be answered. “As of January 1994, according to the NAACP's Legal Defense and Education Fund's publication Death Row, U.S.A., 40 percent, or 1,117, of the prisoners under sentence of death in America were black, despite the fact that blacks comprise only about 12 percent of the national population. In some states, blacks outnumber whites on death row (Ross).” The fact that race may enter the justice system is of deep concern. If racism did play a role in capital punishment, then it could be that the irrelevant factor of what color skin a person has will determine who receives the death penalty. In today’s judicial system the “Chief Prosecutors, who are overwhelmingly white, make some of the most critical decisions vis-à-vis the death penalty (Henningfield 120).” If equality in race is not shown in the people making the decisions, the fact of whether it could roll over into the people convicted is a concern. There is the opposing viewpoint that says that research does not support the perception that racial unfairness affects the use of the death penalty. “According to the Bureau of Justice Statistics, whites who are arrested for murder or negligent manslaughter are actually more likely than their black counterparts to be sentenced to death (1.6% vs. 1.2%). Of those inmates under death sentences, white are actually likelier than blacks to have their sentences carried out (7.2% vs. 5.9%) (Henningfield 125).” Race determining court decisions will continue to be an issue in capital punishment as it has not been completely proven or disproven that race is a factor in the justice system. Until it can be determined, the battle on racial inequality will continue.

Many consider murder to be “unlawful” killing of someone else while capital punishment is lawful since it is handed down in a court of law. Many others consider the death penalty to be used on the old reasoning of “an eye for an eye, a limb for a limb, and a life for a life.” With this argument it seems that justice is defined as you reap what you sow. There are the constant battles between each side of the argument debating which would make the better choice. For now America should impose both life in prison and capital punishment and choose based on the circumstances involved. It has yet to be determined whether life in prison or the death penalty deters the most crime. Racial bias is also still lingering in the question of whether the death penalty makes decisions based on the color of someone’s skin and therefore not a fair punishment. The weighing issue of the possibility of killing an innocent person’s life with the death penalty is in the forefront of most arguments. Both sides have their points of validity making this argument unable to mediate. Capital punishment brings arguments to the table where both proponents and opponents bring substantial evidence in support of their view. The best possible answer for our justice system right now is to keep things as is: with both the choice of life in prison versus capital punishment. Before any serious decisions can be made, reform must take place. All areas of the death penalty need to be examined in order to make an appropriate decision. If the death penalty is so chosen to be a means of punishment in our country then “In order for the death penalty to remain a meaningful and effective punishment…legislators and judges need to make necessary changes (The Death Penalty 186).” These changes need to reflect the views of the American people and society. (DP 186) Until that is done, this issue remains what it always has been—a dispute.


American Civil Liberties Union. "Capital Punishment Should Be Abolished." Opposing Viewpoints: Criminal Justice. Ed. Tamara L. Roleff. San Diego: Greenhaven Press, 2004. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008 http://find.galegroup.com/ovrc/infomark.do?&contentSet=GSRC&type=retrieve&tabID=T010&prodId=OVRC&docId=EJ3010120257&source=gale&srcprod=OVRC&userGroupName=scschools&version=1.0.

Eddlem, Thomas R. "Arguments Against the Death Penalty Are Flawed." At Issue: The Ethics of Capital Punishment. Ed. Nick Fisanick. San Diego: Greenhaven Press, 2004. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008.

Henningfeld, Diane Andrews, ed. The Death Penalty: Opposing Viewpoints. Detroit: Greenhaven Press, 2006.

Ross, Michael. "The Death Penalty Is Applied Unfairly to Blacks." Opposing Viewpoints: The Death Penalty. Ed. Paul A. Winters. San Diego: Greenhaven Press, 1997. Opposing Viewpoints Resource Center. Gale. DISCUS. 16 Apr. 2008 .

Schonebaum, Stephen E, ed. Does Capital Punishment Deter Crime? San Diego: Greenhaven Press, 1998.

Shepherd, Joanna. "Deterrence versus brutalization: capital punishment." Michigan Law Review 104.2(2005): 203.

Death Penalty Mediation

Throughout years of History, many nations have authorized the use of the death penalty as a form of punishment. Since then, some countries or states have eradicated capital punishment, imposing life sentences with no parole instead. In today’s society 34 states in our country permit executions, but the practice has long been controversial. Some believe that the death penalty should not be used in our society because there is the potential of killing innocent lives (and other reasons). Others believe that capital punishment is necessary retribution for the crime of murder.

In reaching a common ground between those that believe in the death penalty and those that do not, serious consideration should be taken. The whole point of the death penalty is to inflict the murderer with the worst possible punishment, so that they too can feel the pain that they have imposed upon others due to their heartless crimes. You cannot really define what extreme cruelty is in accordance to all people. Some people may find that spending the rest of their life in prison, rotting away in a jail cell is the worst form of penalty. Others may feel that killing them and taking their whole life away is worse. When it comes down to it, people cannot even decide in our country today which is going to be the worst form of punishment. It is hard to find a common ground when both bring up valid points.

Many consider murder to be “unlawful” killing of someone else. And it is just that, unlawful, so why is our country trying to base itself on this “unlawful” matter. What good is a corpse going to do? Is killing that murderer going to bring back the life that was murdered? Life in prison with no possibility of parole is the proper form of punishment to those who do not believe in the death penalty. It can be shown that life in prison can deter crimes from happening again. If a prisoner spends his/hers life in jail, then there is no way for them to commit another one of their murders.

Many others consider the death penalty to be used on the old reasoning of “an eye for an eye, a limb for a limb, and a life for a life.” With this argument is seems that justice is defined as you reap what you sow. The point has been brought up that “If execution is legalized murder, then imprisonment is legalized kidnapping (what would we say if one individual forcibly kept another locked up in a tiny room for years?)(Young).” Both sides have their points of validity making this argument unable to mediate.

Racial Discrimination is a big factor when considering the death penalty. To many its seems that the color of a person’s skin plays a critical and unacceptable role in capital punishment. If racial discrimination does play a part in determining whether someone receives the death penalty then that as a means of punishment should not be accepted in our society. It seems that with each coming case, there seems to statistics linking racial discrimination and the death penalty building up in society. These statistics seem to show an ugly light onto our country and government. Others might say that there is no racial discrimination in our legal system. There are also statistics that may say there is racial diversity such as: “Whites who are arrested for murder are slightly more likely to be sentenced to death than blacks arrested for murder (1.6 percent vs. 1.2 percent).” With evidence on both sides of the case, it is hard to make a clear decision on whether race is a factor in capital punishment.

One aspect of the death penalty that is hard to ignore is the high cost. Taxpayers are forced to account for a more complicated jury selection process, a longer trial, and a greater number of motions and appeals to name a few aspects that constitute a capital punishment trial. As of 1994, a single death penalty case costs tax payers in Texas an average of $2.3 million per execution. The cost per execution in the state of Florida is even higher at $3.2 million(**). It’s hard to compare this to the average cost of a holding a prisoner with a life sentence, a mere $593,000 (*).

Supporters of the death penalty argue that as a greater number of death penalty cases are resulting in executions, prosecution costs as a whole are decreasing significantly (*). With prison costs rising rapidly as more prison sentences are being issued, the costs of life sentences may eventually equal the declining costs of capital punishment.
The death penalty is often argued to have a strong deterrence effect on potential future criminals. According to Joanna M. Shepherd’s testimony before the House Judiciary Crime, Terrorism, and Homeland Security Subcommittee, studies as recent as 2004 have “consistently shown that capital punishment has a strong deterrent effect, with each execution deterring between 3 and 18 murders” (*). The existence of the death penalty can be seen as a strong tool to prevent future murder. We cannot let this knowledge go to waste.
Opponents of the death penalty argue fiercely against the deterrence effects of capital punishment, arguing that research and studies are flawed. In fact, the two states with the highest number of executions in 2003, Texas with 24, and Oklahoma with 14, actually saw increases in murder rates from 2002 to 2003. Even worse, “the top 13 states in terms of murder rates were all death penalty states” (****). The existence of capital punishment in these states does not seem to have an effect on future murders. This is one of the main discussion points when debating the death penalty, due to such varied evidence. Depending on the study, it is truly difficult to determine whether or not murders are actually being deterred.
It is often noted the legal system used for determining the death sentence is not always correct. It is inevitable that executions of innocent people do occur. Needless to say, these cases are horrible blunders that result in government becoming no greater than the murderers which they aim to punish. However, increased legal procedures can eventually reduce almost all possibilities of this horrible occurrence. Ensuring the guilt of a criminal is something that cannot be taken lightly. Supporters of the death penalty argue that we must have faith in our own legal system, that the truth will be found, and proper retribution will be carried out.

The danger that an innocent person could be sentenced to death because of errors in our government is a big concern with capital punishment. Statistics show that “As of March 2005, 119 innocent people have been released from death rows across the country since 1973.” Anybody can make a mistake, nobody’s perfect, but when that mistake is taken away an innocent person’s life, it cannot be justified. There are others that believe even if the occasional innocent person is sentenced to death, this punishment will in turn save a greater number of lives. It is hard to say whether or not the death penalty should take effect because of the possibility of killing innocent lives. The question of whether it is worth it or not, is still not answered.

All of these issues concerning the death penalty still have no real answer. It is hard for a decision to be made when both sides bring about valid points for their viewpoints. Capital Punishment is hard to find a middle ground, where both sides can agree on. Until further resolutions have been made it is hard to find mediation between both sides.


Sources:
* The Death Penalty: Opposing Viewpoints
** http://www.deathpenaltyinfo.org/article.php?scid=45&did=385#sxn3
*** http://www.mnplan.state.mn.us/resource.html?Id=1383
**** “Punishment”
*****http://www.karisable.com/crpundeath.htm

Young, Cathy. "Common ground on the death penalty." Reason Online 14 June 2001 10 June 2008 .
http://www.karisable.com/crpundeath.htm

Brief: Capital Punishment Is Wrong

Thesis: The Death Penalty should not being an appropriate means of punishment for crimes because of its immorality.

It is hard to agree on whether the death penalty is right and good or if it is wrong and bad? It is a hot issue in today’s public. The Death Penalty can sound so deserving when you think of truly evil people in our world and what a negative impact they have caused; that death is the only fair answer to what they have done. A list runs through my mind: Hitler, Stalin, Saddam, terrorist, cold blooded killers. But when you think of that, you also have to consider another list. Let’s face it; with our system of government, we are not always going to catch the right “bad guy.” This throws in all the innocent people who are convicted. Another thing is, although our society is a lot better than it was, racial diversity is still very much a part of our lives. Race is an obvious factor that gets in the way of the law and death sentences. There could be instances where the lawmaker or judge could knowingly condemn the wrong person. There could be such a thing as revenge that could get in the way of making the right decision. We would want a person’s life to be just left up to a single person or group of people, when it could ultimately be wrong?

Think about things this way. We see that a person is morally and unjustifiably wrong for killing someone. Then what are we doing “killing” a killer. Aren’t we just doing the thing that we are so adamantly against? Aren’t we just being hypocritical of ourselves? Two wrongs don’t make a right. I do not know what is wrong with putting them in jail for life with no chance of parole.

Another big issue about the death penalty is the overall cost of proceeding with killing someone. The cost is outrageous. It would be more cost efficient for one to be put in jail without parole, then going through with actually killing them. "As of March 2005, 119 innocent people have been released from death rows across the country since 1973 (“Punishment”).”

“Capital murder trials threaten to bankrupt townships costing taxpayers:
$2 million in legal fees to try a death penalty case, nearly 4 times higher than comparable murder trials.

• The automatic appeal process costs up to $700,000 in legal fees.
• $1.2 million in execution costs.
• 1973 -1998, Florida spent $57 million on 18 executions.”
• It can be seen how the cost of capital punishment is overwhelmingly expensive. (“Punishment”)

One of Capital Punishment’s main reasons for killing people as a means of penalty against their crime is to keep murder from happening again. But it can be see that the death penalty doesn’t actually lessen the killing.

• “The two states with the most executions in 2003, Texas 24, and Oklahoma 14, saw increases in their murder rates from 2002 to 2003. Both states had murder rates above the national average in 2003: Texas - 6.4, and Oklahoma - 5.9. The top 13 states in terms of murder rates were all death penalty states. The murder rate of the death penalty states increased from 2002, while the rate in non-death penalty states decreased (“Punishment”).”

As can be seen, the Death Penalty is associated with so many negative effects, proving how wrong Capital Punishment is. The Death Penalty can entail such regrettable consequences, such as taking the life of an innocent person. It can be seen that the Death Penalty is not a proper way to punish wrongdoers.

"Punishment: The Death Penalty." 2006. Kari Sable. 1 Apr 2008 .