As the number of executions has dropped in recent years, so has public support for the death penalty. But what does that mean?
It Is A Form Of Retribution.
A retributivist approach to justification sees capital punishment as a way to convey to potential murderers that killing others is a serious crime. Other forms of punishment, such as hard treatment or deprivations, can also be seen as communication vehicles.
A growing number of states have abolished the death penalty in recent years through legislative or gubernatorial moratoriums, including Virginia, which has carried out the most executions since 1976. However, other states continue to use it, including the two leading practitioners, Texas and California.
Many factors contribute to wrongful convictions, including false confessions, jailhouse snitches, junk science, perjury, and incompetent legal representation. A DPIC database of more than 185 death row exonerations highlights the systemic arbitrariness, bias, and error in sentencing. In addition, poor defendants are disproportionately likely to be sentenced to death, and many defendants wait too long for the Supreme Court to review their cases. As a result, they become stale and more likely to be overturned on appeal.
Punishment For Crimes.
In addition to murder, federal and state laws punish several other crimes by death. Based on the death row USA reports, these include the bombing of places of public use, government buildings, transportation systems, and other infrastructure facilities. They also make it a crime to kill federal or state law enforcement officers, military members, firefighters, or emergency medical personnel.
In states that retain the death penalty, juries and judges must identify one or more aggravating factors beyond a reasonable doubt during the trial’s sentencing phase to sentence someone to die. These factors can include the murder of a police officer or firefighter, a killing committed during a robbery, and other circumstances that would increase a person’s responsibility for a crime. Many Americans believe that the death penalty is unjust. Six in ten say that the death penalty does not deter people from committing serious crimes, and eight agree that it increases the risk that innocent people will be executed. These results are similar to those of a previous Pew Research Center study.
Punishment For Racial Minorities.
In the United States, prosecutors decide which cases will be prosecuted as capital offenses. Prosecutors can seek the death penalty in only a few cases. But those who pursue it can use racial considerations to help determine which defendants they target.
Studies show that murderers whose victims were white are 17 times more likely to receive death sentences than their counterparts who murdered black victims. These disproportions suggest that, at the state and federal level, prosecutors target African-American defendants for execution.
This is an example of how racism permeates the criminal justice system. Those who end up on Death Row or in prison have often started their lives from disadvantaged backgrounds, having been targeted for crimes committed due to poverty, unemployment, drug abuse, and a history of physical or sexual abuse. These factors can make them more likely to commit criminal acts, which is why the death penalty should be abolished.
Punishment For Crimes Committed By Poor People.
Supporters of capital punishment often argue that certain crimes are so heinous that rehabilitation is impossible, and the death penalty satisfies society’s need for retribution. They cite the example of serial killer Jeffrey Dahmer, who killed, dismembered, and ate the flesh of at least 17 boys and men. They also contend that the retribution of executions brings closure to victims’ families.
In reality, the people who go to death row are disproportionately poor. Many are from rural areas, and most have little or no education. The Bureau of Justice Statistics reports that most death-row prisoners are incarcerated for murder.
Poor people are less likely to have competent lawyers to help them challenge the charges against them. As a result, they are more likely to be wrongly convicted of crimes and sentenced to death. Over 160 death sentences have been invalidated due to serious legal errors, including junk science, false eyewitnesses, and jailhouse snitches who are promised leniency for their testimony.
Punishment For Crimes Committed By People With Mental Disabilities.
People who suffer from mental illnesses are often less able to control their impulses and are more likely to commit crimes that violate the human rights of others. These conditions can also make them more vulnerable to abuse in prisons, where they may be threatened or coerced into giving false confessions. In addition, they are less likely to have access to safeguards that protect fundamental rights and to have their cases heard by an impartial judge. However, the legal system allows prosecutors to present evidence that their offender had a mental illness at the time of the crime as a mitigating circumstance, which is taken into account by judges and juries when they decide on sentencing. However, many of these prisoners have been executed even though their psychiatric disorders should have prevented them from being sentenced to death.
