Kenzie Baxter

CJ 1010
12/14/2016

The Death Penalty

We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and
the pursuit of Happiness. (Jefferson, 1776) The Declaration of Independence states that all men
have the Right to Life. Having the death penalty as a form of sentencing goes directly against the
words in which our country was founded. There are many reasons why people believe that the
death penalty is a viable option for punishment, many of which are not suitable.
Many death penalty supporters believe that having that option as punishment deters
criminals from committing felonies. (GREENGARAGEBLOGADMIN, 2015) A study done in
2009 that surveyed criminologists revealed that more that 88% believed that the death penalty
was not a deterrent to murder. Also finding that the murder rate in non-death penalty states
remains consistently lower than the murder rate in states that still have the death penalty.
Believing that people committing the murders are not influenced by the threat of execution at a
future date for their current actions; understanding that most are panicked, enraged, fearful, or
under the influence when committing the crime. Therefor not thinking logically. (International,
2016)
Death penalty advocates also believe that it costs the government less as opposed to life
imprisonment without parole. (GREENGARAGEBLOGADMIN, 2015) There have been many
studies done on this idea. Most have proven it to be untrue. In Tennessee, trials seeking the death
penalty cost an average of 48% more than trials where prosecutors seek life imprisonment. In

Kenzie Baxter
CJ 1010
12/14/2016

Maryland death penalty cases cost about three million dollars for a single case, which is three
times more that non-death penalty seeking cases. In the state of California the current justice
system costs $137 million per year, without the death penalty it would cost about $11.5 million.
That is approximately 8 percent of the cost with the death penalty in place. (International, 2016)
The state of Texas spends an average of $2.3 million to dry a death penalty case. (Dallas
Morning News, 1992)
Persons in support of the death penalty also often feel that it is Just Punishment for
crimes committed against the rights to life, safety, and freedom.
(GREENGARAGEBLOGADMIN, 2015) I find this problematic. It seems less like just
punishment and more like vengeance. Vengeance is never good; it is a horrible state of mind and
a bad place for people to be in, believing that executing the person responsible for their loved
ones death will somehow make it all alright. As the saying goes, two wrongs do not make a right.
It will not bring your loved one back. The earth will just loose another soul, likely deranged soul,
at the hands of others discretion.
Looking at the death penalty internationally it appears we are behind the curve. In 1948
The United Nations unanimously adopted the Universal Declaration of Human Rights, which
proclaims every individuals right to life. It states that no one shall be subjected to cruel or
degrading punishment. (International, 2012) As of May 2012, 141 countries had eradicated the
death penalty either in law or practice. Amnesty International states that In 2010 the
overwhelming majority of all known executions took place in five countries- China, Iran, North
Korea, Yemen and the United States. (International, 2012) Hearing this is very disheartening.
Being on a list of any kind with these countries is not ideal. Understanding that the other

Kenzie Baxter
CJ 1010
12/14/2016

countries on the list are well known for being oppressive makes you reconsider the choices we
are making to join the list.
Governor George Ryan of Illinois, stated in January 2000, I cannot support a system
which, in its administration, has proven so fraught with error and has come so close to the
ultimate nightmare, the states taking of innocent life Until I can be sure that everyone
sentenced to death in Illinois is truly guilty, until I can be sure with moral certainty that no
innocent man or woman is facing a lethal injection, no one will meet that fate. Since 1973, over
150 people have been released from death row due to evidence of their innocence. (Death
Penalty Information Center, 2016) The National Association of Mental Health has said that
approximately five to ten percent of those currently on death row have a serious mental illness.
This directly goes against the findings of Ford v. Wainwright in 1986, which concluded that the
execution of the insane violates the United States Constitution. (International, 2016) Meaning
that we cannot sentence someone who doesnt understand the reality of their punishment or the
reason for it, to the death penalty. Yet there are upwards of ten percent of those who have already
been sentenced that fall into this category.
There are many problems with the fairness of the death penalty. On February 22, 1994
United States Supreme Court Justice Harry A. Blackmun said Twenty years have passed since
this Court declared that the death penalty must be imposed fairly, and with reasonable
consistency, or not at all, and, despite the effort of the states and courts to devise legal formulas
and procedural rules to meet this daunting challenge, the death penalty remains fraught with
arbitrariness, discrimination, caprice, and mistake. Finding show that, since the death penalty
was reinstated in 1976, 82% of all executions have taken place in the south, and the northeast

Kenzie Baxter
CJ 1010
12/14/2016

accounts for less than one percent of all executions. (International, 2012) Nearly all death row
inmates could not afford their own attorney at trial, meaning they received a court-appointed
attorney. The court-appointed attorney is usually overworked, uninterested in the case at hand,
and underqualified for the type of case. So the defendant is given a hindrance as far as
representation goes. Murder cases are also more likely to be tried as death penalty cases if the
victim was white. This is absolutely unfair because approximately fifty percent of murder
victims are African-American. (International, 2012)
Medically speaking there are also great problems with the death penalty. There are many
states that require a doctor to at least be present at an execution if not requiring them to
administer the lethal injection. This is problematic because it directly goes against the physicals
code of ethics which says they have an ethical commitment to save lives and harm none. The
American Medical Association said An individuals opinion on capital punishment is the
personal moral decision of the individual. A physician, as a member of a profession dedicated to
preserving life when there is hope of doing so, should not be a participant in legally authorized
execution. (International, 2012) This is very contradictory for medical professionals who are
required by law to attend and participate in executions even though ethically they do not believe
it is right, their profession does not believe it is right.
We are on the right track for eliminating the death penalty. There have been nineteen
states along with the District of Columbia that have abolished the death penalty. And six other
states who have not executed anyone in ten plus years. Meaning we still have thirty one states to
go. There are many reasons why the death penalty is not right, and we need to work together to
abolish it completely from our countrys laws.

Kenzie Baxter
CJ 1010
12/14/2016

Works Cited

Jefferson, T. (1776, July 4). The Declaration of Independence [Letter].

GREENGARAGEBLOGADMIN. (2015, July 21). List of 10 Biggest Death Penalty Pros and
Cons Retrieved from http://greengarageblog.org/list-of-10-biggest-death-penalty-pros-and-cons
International, A. (2016). Death penalty cost. Retrieved November 19, 2016, from
http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penaltycost
International, A. (2016). The death penalty and deterrence. Retrieved November 19, 2016, from
http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/the-deathpenalty-and-deterrence
Retrieved November 19, 2016, from
http://www.amnestyusa.org/pdfs/DeathPenaltyFactsMay2012.pdf
Death Penalty Information Center. (2016, November 17). Retrieved November 19, 2016, from
http://www.deathpenaltyinfo.org/documents/FactSheet.pdf
International, A. (2016). Death penalty and mental illness. Retrieved November 19, 2016, from
http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penaltyand-mental-illness