Capital Punishment example essay topic
Capital punishment needs to be abolished for it is manifestly unjust and there is disparity in sentencing. Racism is one cause of the unequal treatment. It exists in most sensitive areas of the judicial system. Racism plays an important factor of determining who will be sentenced to death and who will have lesser punishment.
Black inmates are more likely to be executed than white inmates. According to the NAACP's Legal Defense and Education Fund's publication, Death Row in America, 40 percent, or 1,117, of the prisoners under sentence of death were blacks, despite the fact that blacks comprise only about 12 percent of the national population. Shareef's case is one example of this racism. Saree f Cousin, a 16 year old, African American, by the testimony of a white witness's claim to the jury that he is the killer of a white victim, was convicted and sentenced to death. After couple of years, his lawyer saw a copy of the witness's original police statement in which she said she couldn't even describe the killer because ' It was dark and I didn't have my lenses.
' In the same time in Louisiana district where Cousin was convicted and sentenced to death, a review of more than 400 homicide cases revealed troubling disparities in application of the death penalty related to race. ' At present, roughly half of more than 3500 people on death row are people of color. ' Declared an analyst. Discrimination against the poor also exists in execution. There are double standards for rich and poor. Almost all people on death row could not afford to hire a qualified attorney.
Chessman, who did not have any money, was convicted of multiple counts of rape and kidnapping, drew the death penalty. In contrast, O.J. Simpson, had a costly team of juror consultants and attorneys, drew not guilty verdict. A rich defendant may usually post bail, retain attorneys of choice, and hire investigators. On the other hand, the indigent defendant, unable to hire an attorney, lacking power, receives inexperienced and incompetent lawyers by the choice of the court.
In Griffin vs. Illinois, the late Justice Hugo L. Black wrote, 'There can be no equal justice when the kind of trial a man gets depends on how much money he has in his pocket. ' In the 300 year history of the death penalty in the U.S., there were only six cases in which those executed were individuals of affluence. It is those who are poor and underprivileged whom the state is determined to kill. Throughout these days, the gap between rich and poor never seems to decrease especially in capital punishment.
There are many innocent lives on death row. David Jones stated. ' Nationally, since 1973, more than 100 people have been exonerated of the crime that landed them on death row. ' A typical case of Washington, who was mentally retarded, confessed to killing a neighbor. He also confessed to other crimes he could not possibly have committed. After nine years in prison on death row, he was released after having a DNA test, which irrefutably proved that he could not have been the killer.
Another case of miscarriage to a punishment is Frank Palko's case. He was convicted of killing a police officer and was sentenced to life in prison, which jury found him guilty of second-degree murder. Palko objected, citing the Fifth Amendment's prohibition against double jeopardy. Despite his objection, he was dealt a heavier punishment. A jury declared that the Fifth Amendment does not apply to the states, but solely to the Federal Government. Palko was executed and sentenced to death.
Thirty two years later, however, the Warren Court held, ' The double jeopardy clause is fundamental to the American scheme of justice and should apply to the state... as it is inconsistent with this holding, Palko vs. Connecticut is hereby overruled. ' We cannot depend on human's decision since humans are imperfect. I predict that as long as capital punishment exist, there will have innocent lives waiting to be sentenced to death. It makes me think once more the reason why a capital punishment exists in U.S. is that it is absolutely immoral and unjust; for racism is involved in capital punishment. Not only racism, but disparity between the rich and poor, and innocent lives to be on death row involves serious problems in capital punishment.
Even though many executions were put to death, the number of the executions has not declined, but it is rising every year. Which means, ' Eye for an eye' method feeds the cycle of violence that never seems to stop. Everyone hopes for world peace and peace does not appear by communicating the message that killing is wrong by killing someone. It is without humanity. For these reasons, I absolutely think we should abolish capital punishment for it is manifestly unjust and there is disparity in sentencing.