Capital Punishment Essay, Research Paper

Susan Carlisle

12/18/00

Hour G

Dead Man Walking

Throughout the years I have had great interest on the topic of capital

punishment. The question is whether or not there is justice in capital

punishment. I have spent the past few years of my life researching both sides of

this issue to determine whether justice presides. In the past years many lives

have been taken by the government, but it?s not just lives they take but the

rights of people. But why should I blame myself for the government?s wrong

doings. Because I?m not out there trying the persuade my peers that this typed

of control by the government is wrong and I must use my communication skills to

prove this.

When we think about capital punishment, we think of the criminal, but do we

take the time to think about the family of that criminal. Because one person

caused grief for a family we must turn around and cause grief for another. And

what about the money we spend to take these lives away. It cost lest to keep a

person in jail for life then to destroy the,. It also rids the suffering of a

family watching one of their members die. It is the power of the government

taking these lives and not the power of God. The only ones who will benefit are

those who feast on watching others die. It is not just the criminal who is the

victim, but all those who give in to the power of the government and agree with

capital punishment. One would say that this decision is for the common good,

then why can?t we all make this decision instead of

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a select few.

The pace of executions in this country has fluctuated in recent decades,

mostly in response to shifting rulings by the Supreme Court. During the

1950’s, executions averaged about 50 a year, but they slowed in the late 1950’s

and came to a stop so that no executions occurred between 1967 and 1977.

Executions resumed sporadically and since 1984 have averaged roughly 20 a year.

Thirty-six states now authorize the death penalty, typically for murder. The

framers of the Constitution clearly did not intend to outlaw the death penalty

on either the state or federal level. The Bill of Rights, which originally

applied only to the federal government until its provisions were erroneously

applied to the states in this century, explicitly validated that penalty in its

Fifth Amendment provisions that "no person shall be held to answer for a

capital or other infamous crime" except by action of a grand jury, and that

"no person shall be deprived of life, liberty, or property, without due

process of law" (emphasis added). However, the prospect of expanded federal

capital crimes ought to give pause to those who generally favor the death

penalty. The Constitution gives the federal government no general criminal

jurisdiction. In recent decades, unfortunately, federal law has intruded into

large areas of state responsibility through expansive interpretations of

congressional power to regulate interstate commerce and to oversee the

activities of recipients of federal subsidies. Expansion of federal capital

crimes would compound this abuse. But does the death penalty deter other

would-be murderers? Significant statistical

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evidence would appear to support the firm conclusion of common sense and

experience that the death penalty probably deters at least some premeditated

homicides. Since it probably does deter, the death penalty probably saves the

innocent lives of potential future victims who would be killed but for the

deterrent effect of that penalty. Nor is it unjust to execute a murderer. Some

would bring up the point that when the would-be murderer comes at his victim,

the victim can rightfully kill him if necessary to save his own life since the

murderer by his aggression has forfeited his right to life. Having forfeited his

right to live for purposes of immediate self-defense, it is not unreasonable for

the murderer to be held to forfeit his life to save the lives of future victims

of other would-be murderers.

In the novel, Dead Man Walking, by Sister Helen Prejean, Sister Helen becomes

a spiritual advisor to death row inmate Patrick Sonnier, a convicted killer of

two teenagers. Throughout the story we learn about how terrifying it is for

someone to face death. We learn the views of both families; the family of the

criminal and of the victims. We are introduced to those who actually take part

in the death and how they feel about whether what they do is right. ?Everybody

can argue that he or she is just doing a job . . . . Nobody feels personally

responsible for the death of this man D.A.?s are fond of saying that criminals

?put themselves in the chair.?? (Prejean, 101)

The risk-taker for peace and justice that relates to my project is the author

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of my primary source, Sister Helen Prejean. Sister Helen as spent her life

working with death row inmates. She also wrote a Pulitzer prize nominated book,

Dead Man Walking. I have learned from her that you can?t just sit at home and

only speak your opinions, you should go out and do something to fix what you

believe is wrong. Her attempts to minimize the suffering in those who are poor,

not just poor in wealth, but those who are poor in health and spirit, shows us

that we have the ability to do something about it too. Despite how terrifying it

is to sit in a room and speak with a committed killer, we learn how much good

she is doing for these people, and she is bringing them closer to God. Sister

Helen, was just an ordinary person who had the will to help.

We must look at also the percent of minority that is killed in our prisons

today. it is shown statistically that a person of another race besides white and

some who is poor has a more likely chance of being sentenced to death then a

rich white person. But we shouldn?t look only at the numbers. Isn?t everyone

a child of God. Isn?t God the one who place these people on Earth and shouldn?t

he be the only one who should be able to take them away? We are taught everyday

that we must love everyone as our brothers or sisters, but is sentencing someone

to death showing that you really love them. Of course they must be punished, but

death is a punishment we shouldn?t be able to give. It concerns me that there

are people in the jails that are not confident that putting someone to death is

right. It concerns me that this sentence is not given out fairly. Something

should be done immediately to

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create infallibility in this unjust punishment.

During biblical times capital punishment was a mean of punishment. The prime

example, Jesus Christ, who was crucified because he was trying to help. If we

believe that what was done to Jesus Christ was wrong, shouldn?t we believe

that to do it to anyone else would be wrong. Wasn?t is a ?sign? from Jesus

telling us to kill others for there mistakes is not what he believes should be

done.

When we look at the Political influence on capital punishment we turn right

towards the Government. The government is the only people who have the power to

put someone to death. Is it right to give so much power to such a small group of

people? It is the power of control, but do we really want the government to have

control over our lives? Shouldn?t God be the only one on control over our

lives?

Capital punishment really has no effect on the Economy. It is proven that

killing someone costs more then places them in jail for life. Shouldn?t we put

those funds used for capital punishment towards some type of good for the

country.

There is also great injustice in capital punishment, dealing with ethnicity

and class. African Americans are 12% of the U.S. population, but are 43% of

prisoners on death row. In studies it is found that killers of whites are more

likely to receive a death sentence than killers of Blacks. More than 75% of

those on federal death row are non-white. Most defendants charged with capital

crimes are indigent and cannot afford to hire an experienced criminal defense

attorney to represent them. They are forced to use inexperienced, underpaid

court-appointed attorneys. In

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most states the pay for court appointed attorneys is so low that lawyers

assigned to capital cases will lose money every hour if they do an adequate job.

In Dead Man Walking, it is believed that if Pat had the money to higher a better

attorney he would have not been sentenced to death. ?If Pat Sonnier had lots

of money, he would have gotten himself a crackerjack attorney, who would hire

top notch investigators, a ballistics expert, a psychologist to compile profiles

of ?desirable? jurors, ?and you can be sure he wouldn?t be sitting on

death row today. That?s why you are never going to find a rich person on death

row.?? (Prejean, 49)

The debate of whether there is justice in the death penalty does not just

exist in the United States, but all over the world. Many countries are

attempting to abolish the death penalty today.

People try to use the bible as a supporting reference in the debate of

capital punishment. People want to not only practice vengeance but also have God

agree with them. ?God said torture. God said kill. God said get even.? That

God wants to "get even" like the rest of us does not seem to be in

question. Jesus Christ refused to meet hate with hate and violence with

violence. I cannot believe in a God who metes out hurt for hurt, pain for pain,

torture for torture. Nor do I believe that God invests human representatives

with such power to torture and kill. "You have heard that it was said, ‘You

shall love your neighbor and hate your enemy.’ But I say to you, Love your

enemies . . ." Mt 5:43 We are taught as children that if someone hurts us

that we should walk away and not cause harm towards them. So wouldn?t

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killing someone for killing someone the same thing and doesn?t the bible

teach us that this is wrong. ? ?But should she die, you shall give life for

life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn,

wound for wound, stroke for stroke.(Exodus 21:22-25)? In the example given . .

. it is clear that punishment is to be measured out according to the seriousness

of the offense.? (Prejean, 194) But do we really have this right, the right to

take someone’s life.

When deciding an action we must take to solve this injustice i turn to social

action. We must go out and look towards long term solutions. If not the

abolishment of capital punishment of revising of the process. We must find a way

to assure the country that sentence of capital punishment is delivered fairly.