|
| ||||||||||||||||||
 | ||||||||||||||||||
The Death Penalty
The Death Penalty The Death Penalty American Civil Liberties Union Briefing Paper Number 8 THE DEATH PENALTY Since our nation's founding, the government -- colonial, federal and state -- has punished murder and, until recent years, rape with the ultimate sanction: death. More than 13,000 people have been legally executed since colonial times, most of them in the early 20th Century. By the 1930s, as many as 150 people were executed each year. However, public outrage and legal challenges caused the practice to wane. By 1967, capital punishment had virtually halted in the United States, pending the outcome of several court challenges. In 1972, in _Furman v. Georgia_, the Supreme Court invalidated hundreds of scheduled executions, declaring that then existing state laws were applied in an "arbitrary and capricious" manner and, thus, violated the Eighth Amendment's prohibition against cruel and unusual punishment, and the Fourteenth Amendment's guarantees of equal protection of the laws and due process. But in 1976, in _ Gregg v. Georgia_, the Court resuscitated the death penalty: It ruled that the penalty "does not invariably violate the Constitution" if administered in a manner designed to guard against arbitrariness and discrimination. Several states promptly passed or reenacted capital punishment laws. Thirty-seven states now have laws authorizing the death penalty, as does the military. A dozen states in the Middle West and Northeast have abolished capital punishment, two in the last century (Michigan in 1847, Minnesota in 1853). Alaska and Hawaii have never had the death penalty. Most executions have taken place in the states of the Deep South. More than 2,000 people are on "death row" today. Virtually all are poor, a significant number are mentally retarded or otherwise mentally disabled, more than 40 percent are African American, and a disproportionate number are Native American, Latino and Asian. The ACLU believes that, in all circumstances, the death penalty is unconstitutional under the Eighth Amendment, and that its discriminatory application violates the Fourteenth Amendment. Here are the ACLU's answers to some questions frequently raised by the public about capital punishment. Doesn't the Death Penalty deter crime, especially murder? No, there is no credible evidence that the death penalty deters crime. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment, or instituted it, show no significant changes in either crime or murder rates. Claims that each execution deters a certain number of murders have been discredited by social science research. The death penalty has no deterrent effect on most murders because people commit murders largely in the heat of passion, and/or under the influence of alcohol or drugs, giving little thought to the possible consequences of their acts. The few murderers who plan their crimes beforehand -- for example, professional executioners -- intend and expect to avoid punishment altogether by not getting caught. Some self-destructive individuals may even hope they _will_ be caught and executed. Death penalty laws falsely convince the public that government has taken effective measures to combat crime and homicide. In reality, such laws do nothing to protect us or our communities from the acts of dangerous criminals. Don't murderers _deserve_ to die? Certainly, in general, the punishment should fit the crime. But in civilized society, we reject the "eye for an eye" principle of literally doing to criminals what they do to their victims: The penalty for rape cannot be rape, or for arson, the burning down of the arsonist's house. We should not, therefore, punish the murderer with death. When the government metes out vengeance disguised as justice, it becomes complicit with killers in devaluing human life. If execution is unacceptable, what is the alternative? INCAPACITATION. Convicted murderers can be sentenced to lengthy pr...This is ONLY a preview of the article. If you would like to view the entire document, you must subscribe to Electronic References. Please register below now! Get This Full Article After Registration
|
 Home | Register | Login | Logout | Privacy Policy | Disclaimer | Help | FAQ | Contact Us | Cancel Subscription Copyright 1998-2007 Electronic References. Electronic References is designed only to assist students and researchers in the preparation of their own work. Anybody who use our services are responsible not only for writing their own papers, but also for citing Electronic References as a source when doing so. By accessing and using this page you agree to the Disclaimer. |
