Abstract This paper looks at the American justice system with emphasis on deathrow. The author defines what deathrow is and what life for prisoners sentenced to the death sentence is like. Included are interviews with people on deathrow.
From the Paper "America stands alone in the western world as the only so-called "Free" country that still executes its own citizens. America's justice system in particular is inherently biased, usually racially, always monetarily ? if you have the money to pay for a good criminal lawyer, and all the appeals, chances are you won?t get the death penalty. The one thing these people all have in common is lack of funds, and without the ability to work while on Death Row, these people have no option but to just sit and wait for the inevitable to occur. The people on death row are not all "Ax murderers" or ?Serial rapists,? a disturbing number of them may actually be innocent of the crimes for which they?ve been sentenced to be executed. Our anthology will be based upon writings from within the cell walls of prisons across the United States of America. Each writing comes from a person who is imprisoned for life. Many of these people have received the death penalty and are just wasting their life away on death row. Each individual has been in prison for years and is still paying for the crimes in which he or she has committed."
Abstract This paper presents an historical look at the enforcement of the death penalty in America and examines how the length of time a deathrow inmate may sit on deathrow varies from state to state. The paper also looks at the impact the length of time spent on deathrow may have on murder rates.
From the Paper "The first recorded execution in American was in 1608, the first woman executed was in 1632, and the first juvenile offender was in 1642 (Streib, 4). Capital punishment can best be described as punishment that fits the crime. These capitally punished crimes began to be limited to murder, violent crimes, treason, and various acts of sodomy by the late 18th century (Streib, 4). Different states reduced the crimes that the death penalty could be punishment for (Streib, 5). According to Streib, "In 1846, Michigan became the first state to abolish the death penalty for all crimes except treason. About a dozen other states joined Michigan in the early 20th century" (5). Fewer and fewer death penalties are being dealt to criminals and many blame rising crime rates on this fact."
Abstract This paper examines the process of deathrow appeals. The paper explains how an inmate on deathrow has the ability to appeal their case in the U.S. justice system at a number of levels, finally reaching the Supreme Court. The paper includes a number of real-life examples of the appeal process, as well as quotes from lawyers and journalists about the system.
From the Paper "There are few instances in which the conviction was altered after successive appeals but that only violates the right of the society to make criminals pay for their actions. It is true that in some cases innocent people may be put on death row but for that one appeal should be enough. There is no need to give unlimited appealing right as that would gives some real criminals to plea bargain. Many will get life imprisonment instead of execution even though they deserve to be put to death."
Abstract The paper offers a brief background and overview of DNA testing and focuses on the perspective that DNA tests should be implemented to all deathrow inmates to lead to a more just and legal outcome. The paper discusses documented cases that have shown the efficacy and necessity of DNA testing but then looks at the arguments against DNA testing, focusing on the central argument that it can impinge on privacy rights. The paper argues that the case for DNA testing of deathrow inmates has far more ethical and moral weight than any opposing arguments.
Outline:
Introduction
Brief Background and Overview
The Argument Against DNA Testing
The Case for DNA Testing
Conclusion
From the Paper "The view that DNA testing should be applied to all those convicted on crimes that result in a death row sentence is one that has been vigorously debated and contested. The view that supports DNA tests for those on death row is a perspective that is difficult to fault. Simply stated, the core reasoning that supports this view is that DNA testing can prevent unnecessary deaths in cases of those who have been unjustly convicted of crimes. "Stories about innocent individuals convicted of crimes while the actual perpetrators remain at large are becoming increasingly common in U.S. newspapers, magazines, and broadcast outlets." (Weinberg 76) "
Abstract This paper examines the general divide, as well as proposing support for one particular aspect of this rather general issue, which is that of the racism inherent in the American state execution system, hereafter referred to as 'deathrow'. This paper explains that, especially in Texas and some other Southern states such as Georgia, but arguably anywhere, minorities are relegated to an inferior social status due to racist out-group thinking in terms of cultural authority; this racism is at work. The writer points out that the over-representation of minorities on deathrow is worth examining as a symptom of many problems in the system, including those of cleared cases and ones still pending. The functional racism of the death penalty is illustrated in several examples and other issues of concern it raises within legal scholarship.
From the Paper "The history of the death penalty is long and too complicated to recount in terms of cultural differences throughout human history within the present forum. But the death penalty has been used by societies since ancient times, for various crimes ranging in magnitude and the severity of harm involved. Generally societies that were based on scriptural rules regarding the death penalty for various crimes had their civil codes and
laws. There has been an observed racial divide within the U.S. in terms of death penalty cases since independence, depending largely on the societal implications of a racially oppressive legal culture that was guided by principles of universal human freedom. Other systems have their own histories of racial oppression through unequal colonialist
legal systems."
Tags: crime, punishment, texas, death, row, capital
Abstract This paper argues that DNA testing should be available to prisoners on deathrow who maintain their innocence. This argument is based on three principles. The first point discussed is a scientific argument that DNA testing is one of the most reliable crime solving tactics available today. The second point is an economic argument, since state-funded DNA tests ultimately costs the taxpayers less than the appeals process and the costs of housing an innocent prisoner. Finally, the most important argument for DNA testing is moral. The writer states that making DNA tests available for prisoners would further the judicial process not only by helping convict the guilty, but also by exonerating the innocent.
From the Paper "The use of DNA in solving crimes has become widely accepted. DNA is now routinely presented in courts as evidence. DNA evidence had helped to identify crime victims and has helped put criminals behind bars.
However, DNA evidence is also becoming valuable in another aspect of the judicial system. Increasingly, DNA testing is helping lawyers in defending innocent clients. In many cases, DNA tests have proven the innocence of many prisoners who have been in jail for years. This includes prisoners who would otherwise have been executed."
Abstract This paper examines the international history of the death penalty and then takes a closer look at the use of the death penalty in the United States. The paper highlights the fact that in most countries, gender and age discrimination are not a factor with regards to the death penalty. The writer points out that there are juveniles on deathrow. The writer also looks at different religions and their opinion on the death penalty. The writer concludes that until the law changes, law enforcement and prosecutors should continue to advocate the death penalty in cases of murder and crimes involving children. The writer also believes that the death penalty is the only punishment that sends the message to criminals that murder and other acts of violence and crimes are absolutely unacceptable.
From the Paper "There are crimes considered by our society to be so atrocious and intolerable such as murder or rape of a child that if convicted, that the only punishment suitable for committing these crimes is the Death Penalty. The Death Penalty, also called Capital Punishment, is the execution of a convicted criminal by the state as reprisal for crimes known as capital crimes or offenses. This type of punishment is set aside for crimes like premeditated murder, espionage and treason. From the primitive people to the modern world as it is today, the death penalty remains the largest and most controversial part of the criminal justice system. Supporters of capital punishment argue that it deters crimes, while opponents of capital punishment argue that it violates human rights. As we explore this much debated topic, we will discover the past, present and future of death penalty."
Abstract This paper is a discussion of black activist, author, and self-described political prisoner, Mumia Abu-Jamal, author of "Live from DeathRow". The paper looks at how Abu-Jamal, who is awaiting execution for a crime he insists he did not commit, has written scathingly about racism in America and the particular racism of the death penalty.
From the Paper "Abu-Jamal's writings convey the deep-rooted rage of many blacks in America who believe that justice is not color-blind but instead discriminates against black men, especially when their victims are white. Abu-Jamal is a powerful writer, though his writings are targeted to an almost exclusively black audience and his interest seems focused principally on inspiring his audience to political action. His fury, and the perspective that he represents, is almost diametrically opposed to the moderate, mainstream voices of civil rights activism most closely associated with the late Martin Luther King Jr. His writings are worth studying for the understanding they give of the ways that civil rights has failed many blacks in America and the suggestion that racism continues to be a powerful social issue."
Abstract This paper provides a description of the case of Nicholas James Yarris, a deathrow inmate exonerated by DNA evidence after serving 21 years on deathrow.
From the Paper "Then imagine a new technology is developed that without doubt proves your innocence of the crime for which you have lost half of your life. If you can imagine these scenarios you are luckier than Nicholas James Yarris a man for who ..."
Tags: murder, prison, inmates, DNA, evidence, capital punishment, wrongful conviction
Abstract This paper presents some very cogent arguments against the death penalty. The paper first reveals that there are a disproportionate number of African Americans on deathrow and those convicted of capital crimes tend to be men who come from low income families and cannot afford good legal representation. The paper then discusses how the methods of carrying out capital punishment sentences have come under fire from many sources while the death penalty has cost taxpayers an enormous amount. Finally, the paper reveals that one out of every seven people sentenced to die from the death penalty turns out to be innocent.
From the Paper "Is the death penalty - also called "capital punishment" - a good thing or a bad thing? For a country like America that claims to the world it is a nation of laws, and that its people believe in civility, ethical behavior and human rights, should we be putting criminals to death? There are many Americans who feel the death penalty is wrong, and their argument is that the death penalty is immoral, socially abhorrent and it does not serve as a deterrent. Some believe that individuals who commit certain horrible crimes should be put to death in order to bring justice to the community and closure to the victims' families. The recommendation to a new member of the state legislature is to vote against the bill to restore capital punishment, for the reasons that will be outlined and reviewed in this paper."
Abstract The author of this paper examines whether there is a basis of truth in the statement that capital punishment deters violent crime. The writer contends that this statement is used by many who believe in the death penalty but that there are many that insist that there is little to no effect. The author examines both sides of the argument in an attempt to draw conclusions from the information gathered and determine which side is correct.
Outline:
Introduction
Argument for the Death Penalty
Argument Against the Death Penalty
Conclusion
Works Cited
From the Paper "It is possible, however, that the death penalty would be a deterrent if it were used more swiftly and more often. Many people who are sentenced to death spend years in prison appealing their conviction and appealing their sentence, and this is a large waste of taxpayer money, as well as a huge burden on the court system. Those that are guilty beyond a shadow of a doubt often wait a long time for their sentence to be carried out. Even when DNA evidence shows that they were the guilty party, the execution is still not swiftly carried out, and this allows many criminals to find some way to avoid it.
Instead, they end up spending their life in prison, where they get hot meals every day, are allowed to exercise, and have a bed to sleep in every night. They watch TV and read books, and this is more than many of the hungry and homeless in today's society get. Criminals are treated better than many of these people. The criminals have lost their freedom, but they get a lot of things in return for that, and society is required to pay for them through taxes and other avenues that fund the prisons."
Abstract This paper examines what impact, if any, gender and race have played in the application of the death penalty in those states where the death penalty remains a sentencing alternative. The paper includes an analysis of the relevant and scholarly literature, which is followed by a summary of the research in the conclusion.
From the Paper "United States confuses and outrages many of our friends in the international community. Capital punishment is currently legal in 40 states, and observers note that the federal government may seek the death penalty for some federal crimes. Currently, about two dozen states even allow for the execution of retarded killers, although some of these are reconsidering their capital punishment laws. The remaining states in the U.S. do not allow the death penalty, nor do most of the industrialized nations of the world (Nash & Jeffrey 1994). According to Frank Schmalleger, Cesare Beccaria was the first modern writer to advocate the complete abolition of capital punishment and may therefore be regarded as a founder of the abolition movements that have persisted in most civilized nations to this day. Because Beccaria's writing stimulated many other thinkers throughout the 1700s and early 1800s, he is referred to today as the founder of the Classical School of criminology (Schmalleger 1995)."
Abstract This paper considers why the death penalty is much more often given as a sentence for men who have been convicted of committing a capital crime than it is for women who have been convicted of similar crimes. The paper considers first, whether the death penalty is a barbaric form of punishment and second, why it is the rule and not the exception that women who have committed a capital crime generally have their sentences commuted to life imprisonment (and even parole, after a number of years).
From the Paper "Penologists and criminologists now agree that capital murder committed by women some years ago is seen differently, if the killing was the result of spousal abuse. It has not usually set these women free, but certainly reduced the time they would have to spend behind bars. In California, for example, a mother killed the sexual predator who had molested her son. She was convicted (and after a minimum sentence, is now free), but there are those who wonder if it had been the father who had done the killing, whether he would have gotten off quite as easily."
Abstract This paper discusses what type of person is most likely to be sentenced with the death penalty and what type of victim is likely to be murdered, based on age, ethnicity, race, and gender statistics.
From the Paper "The justice system in our country aspires to be fair and unbiased in its adminstration of the death penalty. Many people however have suggested otherwise through the years. Recent studies showing that the death penalty does not serve as a ..."
This paper discusses that the death penalty is not effective because it does not successfully serve the purpose of threatening criminals or deterring criminals from committing illegal acts.
Abstract This paper explains that since ancient times the death penalty for various types of crimes and in various forms of execution has been used by societies especially societies, which were based on scriptural rules often tied up in religion and providing a public spectacle. The author points out several arguments against the death penalty such as (1) racial discrimination, which is striking when examining the statistics of over-representation by minority and low-come persons sitting on deathrow and (2) the irreversible nature of the death penalty especially since many people on deathrow have later been declared innocent. The paper states that state-sponsored execution draws criticism from international sources -- only China and Iran are ahead of the U.S. in terms of state-sanctioned execution.
From the Paper "Currently, the majority of states in the U.S. do have the death penalty as a system of state-sponsored execution. Traditionally, the south has tended to be more pro-death-penalty, and racial lines of division are also traditionally highlighted in this region. An overrepresentation of minorities on death row is accepted by most sources as a statistically proven fact, and only a few sources disagree. Added to this is that most sources also tend to agree that there is not clear evidence of the death penalty acting as a deterrent in these cases. Agencies such as Amnesty International have spread educational measures regarding the reprehensible nature of the death penalty and the need for its abolition. Although methods of execution have changed, the belief in the death penalty as an effective deterrent has remained fairly constant domestically, especially in Texas and in the south where the death penalty tends to be used more often. Some sources, such as Sorell, in his rather over-philosophical estimation of the death penalty, which relies more on Kant and Miller than the present, do not take this reality into account at all in the text."
Tags: scriptural, spectacle, racial-discrimination, over-representation, international
