Death Penalty?
Can someone explain the "death penalty" to me because I don't understand it. There are people who received the death penalty who killed 1 person while others who killed more did not get it. How does this work? How do you get the death penalty?
Answers:
Good question. The application of the death penalty is arbitrary. For example, when is the last time a wealthy person faced the death penalty? For background, here are answers to questions about practical aspects of the death penalty, with sources listed below.
What about the risk of executing innocent people?
124 people on death rows have been released with evidence of their innocence.
Doesn't DNA keep new cases like these from happening?
DNA is available in less than 10% of all homicides. It is not a guarantee against the execution of innocent people.
Doesn't the death penalty prevent others from committing murder?
No reputable study shows the death penalty to be a deterrent. To be a deterrent a punishment must be sure and swift. The death penalty is neither. Homicide rates are higher in states and regions that have it than in states that do not.
So, what are the alternatives?
Life without parole is now on the books in 48 states. It means what it says. It is sure and swift and rarely appealed. Life without parole is less expensive than the death penalty.
But isn't the death penalty cheaper than keeping criminals in prison?
The death penalty costs much more than life in prison, mostly because of the legal process. Anytime the death penalty is a possible sentence, extra costs start to mount up even before a trial, continuing through the uniquely complicated trial (actually 2 separate stages, mandated by the Supreme Court) in death penalty cases, and subsequent appeals.
What about the very worst crimes?
The death penalty isn’t reserved for the “worst of the worst,” but rather for defendants with the worst lawyers. When is the last time a wealthy person was sentenced to death, let alone executed??
Doesn't the death penalty help families of murder victims?
Not necessarily. Murder victim family members across the country argue that the drawn-out death penalty process is painful for them and that life without parole is an appropriate alternative.
So, why don't we speed up the process?
Over 50 of the innocent people released from death row had already served over a decade. If the process is speeded up we are sure to execute an innocent person.
The law varies from state to state
check out your local state's law on its government page
it just has to do with the severity of the crime, and the person's motives, demeanor, etc. its stupid but life is full of absurdities isn't it? some states (michigan for example) don't implement it at all.
It depends on the state, the jury, the judge. They all make a call on it. Then it also depends on how much money you have to buy the best lawyers to get you off. Good example of that was OJ. Lost all faith in the justice and jury system after that trial.
Excellent question. First, not even ALL the states incorporate the death penalty.which sucks.
Premeditation, method, and lack of remorse usually get you the death penalty.
However, in a clear cut case of haggling, some see the death penalty as the means to plea bargain down, just to get some sort of conviction. The judicial system is in dire need of repair in this country, but try to understand that primitive systems including guillotines, were used to hastily and became an abuse of power.
The U.S. Supreme Court has held that the death penalty is not inherently violative of the Eighth Amendment's prohibition on cruel and unusual punishment, provided that the method is not deemed cruel and that the punishment is not excessive in relation to the crime. A statute mandating the death penalty is unconstitutional, however. A sentencing judge is required to consider any mitigating circumstances before imposing the death penalty for a crime.
it would take an entire semester of death penalty 101 to explain all the different ways.
1. it depends on the laws of that state. for instance, some states no longer use death penalty because so many innocent men were released after dna testing validated their innocence. (majority african american)
2. depends on defense(court ordered vs paid). with poorer clients, the death penalty may be sought by d.a.s who try to make a name for themselves. court ordered lawyers may not vigorously fight the claim.
3. depends on the laws & mandatory minimums of the states. some laws indicate that one must commit a capital crime within a capital crime in order to qualify for death penalty. for instance, a murder/rape or a murder/kidnap. other states may say it depends on the nature of the murder. cannibalism/mutulation. some states do 3 strikes & you're out.
A lot of it has to do with the jury. Juries are human, and so they will not be consistent.
There are several reasons that the death penalty isn't applied evenly.
1) Not all states have the death penalty. Maine, Vermont, Massachusetts, Rhode Island, West Virginia, Michigan, Wisconsin, Minnesota, Iowa, North Dakota, Alaska, Hawaii, and the District of Columbia do not have the death penalty. I happen to live in Wisconsin, which abolished the death penalty for all crimes in 1853. If you've heard of Ed Gein and/or Jeffrey Dahmer, they were both serial killers/ cannibals from Wisconsin. Because Wisconsin does not have the death penalty, they both received life sentences. However, someone who commits one murder in Texas has a good chance of getting the death penalty.
2) It depends on the judge and the jury. To get the death penalty, the judge makes the final decision, however, the jury also makes a recommendation. If the jury recommends it, the judge is more likely to give them the death penalty. Some people oppose the death penalty for all crimes (such as Amnesty International), while others, myself included, support the death penalty for murder, treason, rape, child molestation, terrorism, perjury that leads to an execution, armed robbery, and second offense drug trafficking (as you can probably guess, I am not exactly fond of Amnesty International). If all the jurors and the judge oppose capital punishment, it won't be given. if they all support it as strongly as I do, the criminal will be executed unless their sentence is overturned on appeal.
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