Selena, I am left in a quandary. I put some thought into your position and have some responses, however I found research into the topic to be quite difficult. As with any controversial issue, finding realiable but unbiased sources is quite challenging. Furthermore, I found myself asking many questions that I thought would be useful but was unable to find answers. I'm afraid in order to truly form a solid, well-supported argument I'd have to conduct a great deal of studies and research from 1st-hand sources myself. And that's just a wee bit more effort than I'm willing to put into this.
Therefore, my intention is to open up an honest dialogue with you on the topic. Let me start by saying while I do have a strong opinion on the matter, I
don't think the issue is cut and dried. To put it another way, I'm not approaching this from a "you're wrong and here's why" perspective, but more of a "I see your point, but have you thought about it this way?" perspective.
As I understand it so far, your support of the death penalty is based on three main factors: cost, social justice, and a loss of human rights by the perpetrator of a crime. Please let me know if I'm inaccurate here.
First let me tackle cost. I am personally skeptical of sources reporting costs of the death penalty since 99% of the time they have a great deal of bias. Nevertheless, I have to work with what's available. I believe that Amnesty International is a respected-enough organization that they should be trusted to a reasonable degree. With that in mind I encourage you to view
what they have to say on the matter. To summarize the information on costs they provide: in states that opt to seek the death penalty (not all states do, even ones in which the death penalty is not banned) it generally costs two to three times more to investigate, prosecute, sentence, and carry out a capital crime than it does to incarcerate a person for life. Unless we decide to also elminate the extra safeguards that were put in place to prevent innocent people from being executed, in no way does a death penalty ever save money.
Next up is loss of human rights. The argument goes something like "When a person commits a crime they take someone else's rights away so they lose their rights". It's a commonly held opinion and it sounds reasonable enough, especially in the case of murder. The thing is that there is no legal basis for this whatsoever. In fact, the Constitution guarantees just the opposite by guaranteeing the right to due process. If a murderer has legally forfeit his right to life, then it would be legal for any private citizen to kill that person. Obviously it is not, nor should it be unless you believe lynch mobs and vigilanteism are healthy for society.
However, the biggest problem I see with this perspective is it is inconsistant. Our justice system is set up so that specific punishments, which are jail time and monetary fines, are applied no matter what the crime. It's done this way in accordance with the Constitutional ban on cruel and unusual punishment. If someone commits robbery, society has no quarrel with that person going to jail; we do not demand the victim be allowed to rob the criminal and we do not declare the robber has forfeited his right to own property. If someone is convicted of ra**, we send that person to jail, we do not ra** them. Why, then, should murder be a special exception? Why should a murderer be murdered when such equitable punishment is not visited upon any other criminal?
Now I'll move on to the issue of justice in the death penalty. I don't believe the death penalty does anything to improve justice within the judicial system. Going back to my previous comment about equitable punishment, if incarceration is considered just punishment for any other crime how can it not be for murder? One could argue the families of victims get greater satisfaction from the death penalty. I would be immensely interested in a study on the grieving process among the families of murder victims where the criminal was executed compared with those where the criminal was only imprisoned. Unfortunately I could find no such study. Most people seem to believe the execution of the criminal is theraputic for the victim's loved ones; I'm skeptical of that belief. I could see a short-term sense of satisfaction or closure, but I doubt there are any of those benefits have a long-term impact.
*Thanks to jsanders for adding some info on this topic, and while I'm at it for making several other interesting points I hadn't thought of.*
Also, if we accept that death is a greater punishment for the criminal, then we must also accept that it is also a greater burden to bear for the criminal's loved ones. Even if you do believe the criminal's rights are irrelevant, how is it just to place the needs of the victim's family over the needs of the criminal's innocent family? Doesn't seem just to me.
Furthermore, we must recognize our justice system is not perfect. It will make mistakes and it will produce wrongful convictions. This is inevitable and occurs whether or not there is a death penalty. However, in cases where an innocent person is incarcerated, they can be freed. If an innocent person is executed, nothing whatsoever can be done. While both errors are devastating, execution is significantly worse.
Social justice and human rights are closely related. Therefore, I think it is worth taking a look at the death penalty policy of other countries and comparing them with other social issues. There are 122 countries that have abolished the death penalty in law or in practice (ie., it's on the books, but they never do it) and 74 that have not. This group counts among its members (other than the United States) Bangladesh, China, Indonesia, Iran, Iraq, Jordan, North Korea, Kuwait, Lybia, Mongolia, Pakistan, Saudi Arabia, Singapore, Somalia, and Vietnam. China, Iran, Saudi Arabia, and the United States account for 94% of death penalty executions in the world. We consider ourselves among the more socially just countries in the world, yet our peers on this issue are not other socially just countries, they are countries with abysmal human rights records.
I'd like to finish with a couple tibids I found in my searching. The first discusses the relation of crime to repeat offenders.
http://thomas.loc.gov/cgi-bin/cpquery/T?&report=hr157&dbname=105&
1997 Congressional report said:
Much of the problem of violent crime is a result of a relatively small group of chronic violent offenders who repeatedly cycle through our criminal justice system: they get arrested, sometimes convicted, occasionally sent to prison and then they are almost always released early after serving only a fraction of their sentences. Victims are frequently under the impression that a convicted offender will serve his or her sentence in full when in fact, violent criminals--those who murder, ra**, rob and assault--serve an average of 48 percent of their sentences.
I found it interesting because it suggests that violent crime would be severely reduced if criminals actually served their full sentence. Therefore, even though putting criminals to death would obviously be effective in reducing repeat crime, it is not at all necessary to do so.
I also found this interesting bit in a Hawaiian Op-Ed piece:
http://www.honoluluadvertiser.com/a...ID=/20060416/OPINION03/604160301/1110/OPINION
This bill rests upon the false assumption that those convicted of violent crimes are incapable of rehabilitation, and that imposing mandatory 30-year sentences is our only option. In reality, social reintegration programs such as the nationally recognized Delancey Street program in San Francisco and Maui Economic Opportunity's BEST (Being Empowered and Safe Together) program prove that even repeat violent felons can turn their lives around and become law-abiding citizens with education, training and support.
Programs like BEST that work in collaboration with the Department of Public Safety and other community agencies provide comprehensive support services in the areas of case management, employment, housing, family reunification, cognitive skills, mentoring, cultural renewal and referrals for substance abuse, mental health and other counseling services to individuals convicted of class-A and -B felonies.
Recent data on the BEST program from September 2005 show a substantially lower recidivism rate of 19 percent for its clients, compared to Hawai'i's overall recidivism rate of 51 percent to 80 percent.
I found this one interesting because it suggests that even chronic violent offenders can be rehabilitated.
Take from all this what you will.