Essay/Term paper: In cold blood 2

Essay, term paper, research paper:  Law

In Cold Blood: Death Penalty
Capital Punishment has been part of the criminal justice system since the
earliest of times. The Babylonian Hammurabi Code(ca. 1700 B.C.) decreed death
for crimes as minor as the fraudulent sale of beer(Flanders 3). Egyptians
could be put to death for disclosing the location of sacred burial
sites(Flanders
3). However, in recent times opponents have shown the death penalty to be
racist, barbaric, and in violation with the United States Constitution as
"...cruel and unusual punishment." In this country,although laws governing the
application of the death penalty have
undergone many changes since biblical times, the punishment endures , and
controversy has never been greater.

A prisoner's death wish cannot grant a right not otherwise possessed.
Abolitionists maintain that the state has no right to kill anyone; . The right
to reject life imprisonment and choose death should be respected, but it
changes nothing for those who oppose the death at the hands of the state.

The death penalty is irrational- a fact that should carry considerable weight
with rationalists. As Albert Camus pointed out, " Capital punishment....has
always been a religious punishment and is reconcilable with humanism." In
other words, society has long since left behind the archaic and barbous"
customs" from the cruel
"eye for an eye" anti-human caves of religion- another factor that should
raise immediate misgivings for freethinkers.

State killings are morally bankrupt. Why do governments kill people to show
other people that killing people is wrong? Humanity becomes associated with
murderers when it replicate their deeds. Would society allow rape as the
penalty for rape or the burning of
arsonists' homes as the penalty for arson?

The state should never have the power to murder its subjects. To give the
state this power eliminates the individual's most effective shield against
tyranny of the majority and is inconsistent with democratic principles.

Family and friends of murder victims are further victimized by state
killings. Quite a few leaders in the abolishment movement became involved
specially because someone they loved was murdered. Family of victims
repeatedly stated they wanted the murderer to die. One of the main reasons- in
addition to justice- was they
wanted all the publicity to be over. Yet. if it wasn't for the sensationalism
surrounding an execution, the media exposure would not have occurred in the
first place. Murderers would be quietly and safely put away for life with
absolutely no possibility for parole.

The death penalty violates constitutional prohibitions against
cruel and unusual punishment. The grotesque killing of Robert

Harris by the state of California on April 21,1992, and similar

reports of witnesses to hangings and lethal injections should leave

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doubt that the dying process can be- and often is -grossly

inhumane, regardless of method(Flanders 16).

The death penalty is often used for political gain.
During his presidential gain, President Clinton rushed home for the Arkansas
execution of Rickey Ray Rector, a mentally retarded, indigent black man.
Clinton couldn't take the chance of being seen by voters as " soft on crime."
Political Analysts believe that when
the death penalty becomes an issue in a campaign, the candidate favoring
capital punishment almost inevitably will benefit.

Capital punishment discriminates against the poor. Although murderers come
from all classes, those on death row are almost without exception poor and
were living in poverty at the they were arrested. The majority of death-row
inmates were or are represented
by court-appointed public defenders- and the state is not obligated to provide
an attorney at all for appeals beyond the state level.

The application of capital punishment is racist. About 40 percent of
death-row inmates are black, whereas only 8 percent of the population as a
whole are black(Flanders 25). In cases with white victims, black defendants
were four to six times more likely to receive death sentences than white
defendants who had similar
criminal histories. Studies show that the chance for a death sentence is up to
five to ten times greater in cases with white victims than black
victims(Flanders 25). In the criminal justice system, the life of a white
person is worth more than the life of
a black person.


The mentally retarded are victimized by the death penalty.

Since 1989, when the Supreme Court upheld killing of the mentally retarded, at
least four such executions have occurred. According to the Southern Center for
Human Rights, at least 10 percent of death row inmates in the United States
are mentally retarded(Long 79).

Juveniles are subject to the death penalty. Since state execution of
juveniles also became permissible in the decision cited above, at least five
people who were juveniles when their crimes were committed have executed(Long
79).

Innocent people can-and have been- executed. With the death penalty errors
are irreversible. According to a 1987 study, 23 people who were innocent of
the crimes for which they were convicted were executed between 1900 and
1985(Long 79). Until human judgement becomes infallible, this problem alone is
reason enough to abolish the death penalty at the hands of the state more
dedicated to vengeance than to truth and justice.

Executions do not save money. There are those who cry that we, the taxpayers,
shouldn't have to "support" condemned people for an entire lifetime in prison-
that we should simply " eliminate" them and save ourselves time and money. The
truth is that the cost of state killing is up to three times the cost of
lifetime
imprisonment(Long 80). Judges and others are reluctant- as they should be- to
shorten the execution process for fear that hasty procedures will lead to the
executions of more innocent people.
The death penalty has been imposed most for murders committed during the
course of another felony. Aggravating circumstances for murder are defined in
the applicable death penalty statute. Circumstances considered for murder
include:

-The crime was particularly vile, atrocious, or cruel.

-There were multiple victims.

-The crime occurred during the commission of another felony.

-The victim was a police or correctional officer in the line of
duty.

-The offender was previously convicted of a capital offense or violent crime.

-The offender directed an accomplice to commit the murder or committed the
murder at the direction of another person.

(Flanders 12)

In the novel, In Cold Blood by Truman Capote, the main characters

Dick and Perry were guilty of several of the circumstances that eventually led
to their demise:

-The multiple victims included all four of the Clutter family.

-The event occurred during an attempted robbery.

-Both were former inmates and had previous dealings with the law.

-Dick had chosen Perry for his instinct as a "Natural Born Killer".

Further,it seems that both Dick and Perry fell almost directly under the
common background of one convicted of death. The death penalty is flawed in
many facets. Juries in rural counties are more
likely to impose the death penalty than those in urban areas. Dick and Perry
were convicted in Garden City, a small to moderate sized town. Both Dick and
Perry were unemployed, poor, white criminals whose actions wrecked havoc not
only on the remaining Clutter family and relatives, but on the entire town of
Holcomb and
surrounding areas. This only justifies and reinforces the points stated above
that capital punishment is biased, racist, and is harmful not only to the
offenders themselves, but to the entire community.
Opposition to the death penalty finally acheived its goal when in 1972 the
Supreme Court struck down death penalty laws, finding fault not with the
theory, but with the method. However, all was lost when four years later, the
decision was once more revised and ruled the death penalty once more legal.
Death row will continue to expand. It is almost certain that the rising level
of executions will be widely condemned. The future of capital punishment may
finally come down to the question of expense. A single capital trial now costs
millions of dollars. The
enormous volume of continuing appeals strain both federal and state court
systems. Unless workable solutions are found to the practical difficulties
involved in the administration of the death penalty. American society
eventually may decide to significantly restrict or
even abandon capital punishment.














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Works Cited

Flanders, Stephen A. Capital Punishment. New York, NY: Facts on

File, 1991.

Long, Robert Emmet. Criminal Sentencing. New York, NY: H.W.

Company, 1995.