IN THE SPIRIT OF MY NEW FRIEND CODY OSCHEFSKI AND HIS DEBATE GROUP HERE IS A LITTLE SOMETHING I ONCE CALLED A STONY BROOK FINAL EXAM FOR NY STATE SENATOR KENNETH P. LAVALLE IN THE YEAR 2000 IN HIS COURSE: NEW YORK STATE POLITICS -- (YES, I RECEIVED ON THIS EXAM AN A) -- THE TOPIC: CAPITAL PUNISHMENT “I think killing is wrong, whether it’s from me, you, or the government.” These were the last words of a man executed for his crimes in the movie “Dead Man Walking”. Though it was a movie, and therefore dramatized fiction, I believe this statement encapsulates the issue of capital punishment. Many questions arise out of the issue of the “death penalty” but the central one is whether it is right to kill another human being, for whatever reason. This has been debated, with proponents of the death penalty stating reasons of deterrence and justice, while abolitionists claim it is inhumane and bad policy. In this letter I will propose that the death penalty is not only hypocritical, but does not make New York State, America, or the world a safer place. To bypass such factors as to whether the state putting someone to death can at all be construed as humane, I would like to start with a very rational issue: does capital punishment cause less murders? The answer is a resounding no. Studies were performed which kept state population composition, region, and socioeconomic conditions, factors that could alter the value of valid statistics, included and nullified through scientific techniques. These studies, conducted between 1977 and 1993 clarified three things. First, murder rates were not significantly lower for neighboring states that provided for capital punishment. Second, states that repealed capital punishment for a period of time did not experience increased murder rates during that time. Third, murder rates did not decrease after those same states returned to capital punishment (Bailey and Peterson, p140). There is great logic as to why fear of the death penalty does no deter people from murdering. There are basically to types of murders, those that are premeditated, and those that are spur of the moment. Those criminals that plan the murder(s) ahead of time, are usually performed by actors who also plan their way of escaping lawful punishment, in essence, they’ve planned how not to be caught. Therefore, the death penalty is not a deterrent, for those persons crazy enough to kill are often smart enough to plan an escape. Those who have not premeditated their murders often perform the act under heavy emotional stress, and while being intoxicated or drugged up. These people are not thinking of anything rational, especially the fear of punishment, at least until they have committed their heinous crime, then the fear may or may not kick in. The death penalty, statistically and rationally, is not any greater deterrent than long term imprisonment. An example is that in our wonderful state of New York, 692 executions were carried out between the years 1907 and 1964. In that time period, one or more executions in a given month saw an increase of two homicides in the following month (Bedau, p.178). The argument that the death penalty is good public policy, for it makes states safer from the chance of murder, is a false one, and should prompt you sir, to reconsider any thoughts you have pertaining to capital punishment being helpful against crime. Racial discrimination is rampant when it comes to capital punishment. From 1930-1990, of the over 4,000 people executed in America, 53 percent were black, an astounding number in relation to their 12 percent proportion to all of society (Bright, p.278). For the crime of rape between 1936-1976, 90 percent of those executed for it were black! Also blacks are more likely convicted without higher review (Bright, p.283). The U.S. General Accounting Office expressed to the Congress its results in a scientific study on racism and the death penalty. “Our synthesis of the 28 studies shows a pattern of evidence indicating racial disparities in the charging, sentencing, and imposition of the death penalty after the Furman decision, and race of victim influence was found at all stages of the criminal justice system process” (U.S. General Accounting Office, p.271). The Furman decision refers to (Furman v. Georgia, 1972), when the Supreme Court ruled that “imposition and carrying out” of the death penalty constituted “cruel and unusual punishment” violating the Eighth and Fourteenth Amendment. The Supreme Court reversed its position in 1976, stating that “the punishment of death does not invariably violate the Constitution” (Bedau, p.252). This constitutional information aside, the death penalty and it carrying out is smothered with racial injustice. There are those who would believe that perhaps blacks actually do commit such a proportion of crimes punishable by death, and these people in my assessment are mostly blind subtle racist. Another indicator of racism is that killing of whites are more severely punished than killings of blacks (Bedau, p.253). This fact is not surprising considering we live in a country dominated by White Anglo-Saxon Protestants. Our current system of laws favor the wealthy who are predominantly white, education in high schools until slight changes recently has had an extraordinary emphasis on the accomplishments of whites (specifically in American history), and employment opportunities are advantaged toward whites over blacks. So, the criminal justice system really is just a microcosm of our overall society. But society has improved in the other areas from contributions of black activists and white leaders who believe in equality, yet crime prevention and capital punishment has not improved on a comparative curve. Of the 168 people executed between 1997 and April 1992 only 17 percent had been convicted of killing a non-white. Only one of those killers was a white himself (Bedau, 254). Economics plays a key role in determining whether a person will be executed. Of the inhabitants on death row, 90 percent of them could not afford a lawyer when tried. It was stated the Furman v. Georgia by Justice Douglas that “one searches our chronicles in vain for the execution of any member of the affluent strata in this society” (Bright, p.302). It is obvious that in our society the rich get the advantages and the poor receive the shaft. It a sad state of affairs that can at least be improved some what by the abolishment of the racially discriminating death penalty in New York State. One aspect of the death penalty that separates it from all other criminal punishments is that it is irrevocable. Innocent people have many times been convicted of capital crimes they did not commit and died because of it. In our country, a judge and jury decides whether a person is guilty or innocent. There may be a preponderance of evidence supporting a person as being guilty of a crime punishable by death, but that does not mean that they are guilty. Human judgement is infallible, as is of course a system that allows for the possibility of letting innocent people die, because of factors mentioned as being poor, black, or wrongfully accused and sentenced. George W. Bush recently stated on the Oprah Winfrey show that no one who was executed in his state of Texas was innocent. He is a fool for saying so. Since 1900 there have been an average of over four cases a year in which innocent people were convicted of murder in America. Many of these people were sentenced to death. Some have been reprieved just hours or minutes before their execution. One such story involved convictions that were obtained through coerced confessions, erroneous testimony, and incompetence on the part of the defense counsel (Bedau, p.176). Once again this comes full circle to issues of racial discrimination. Some people believe that the new method of lethal injection is humane. The older methods of hanging people, shooting at targeted persons, and electrocution held possibilities of long painful deaths, but injection it is claimed takes such risks away. This is certainly not documented proof. The injection causes organs to shut down, and this does not mean that it is pain free. The U.S. Court of Appeals has stated there is “substantial and uncontroverted evidence... that execution by lethal injection poses a serious risk of cruel, protracted death... Even a slight error in dosage or administration can leave a prisoner conscious but paralyzed while dying, a sentient witness of his or her own asphyxiation” (Bienen, p.325). Sounds humane, huh? It is indeed, as with all the other methods, an expression of absolute power by the state over a helpless person. This brings our topic to the issue of what many believe to be the right thing, retribution. A great leader, Martin Luther King once said, “if we give an eye for an eye and a tooth for a tooth we end up with a society that’s blind and toothless”. So many people think the answer to crime is vengeance. My daughter was killed by this maniac so he should fry is the mentality. Though it is understandable that these people are hurting, in what way does the death of the convicted ease the pain. If anything it hardens the family of the victim, because they are taught that inflicting pain on another is the right solution, and this sort of reasoning is based on hatred, or even more so, deep rooted fear of life and love. Jesus said, “Let he who has not sinned cast the first stone.” You do not have to be Christian, or even religious for that matter to see the evident truth in such a statement. One of the problems is that people are often self-righteous, they voluntarily forget that they have done things wrong in their life. The other problem is that they see themselves as separate from the other members of the human race, save their immediate family and friends. They want to hurt others who have hurt them, without realizing they are hurting themselves, letting their insides eat away with hate and vengeance. This may not be documented material, but emotions are bot that way, yet they exist all the same. There are crimes that are committed everyday. Call them crimes of the personality. When one doesn’t hold open a door for another, or an individual purposefully cuts another off in their car on the highway. These are not usually considered crimes, but that is because they are not deemed so by the state. This is about human kind treating others on a daily basis with dignity and respect. If we as a society strove for such an existence, the issue of the death penalty would be laughed at as primitive and barbarous. The current state of affairs, specifically with the criminal justice system, displays that we do indeed have a long way to go as a species. But there truly are people who are noble beings and role models. One real life example of a being effected by a murder is Kerry Kennedy, daughter of assassinated senator and once future presidential nominee, Robert Kennedy. She described, “I was eight years old when my father was murdered. It is almost impossible to describe the pain of losing a parent to a senseless murder... But even as a child one thing was clear to me: I didn’t want the killer in turn to be killed. I remember lying in bed and praying, ‘Please, God. Please don’t take his life too. I saw nothing that could be accomplished in the loss of one life being answered with the loss of another. And I knew, far too vividly, the anguish that would spread through another family—another set of parents, children, brothers, and sisters thrown into grief” (Bedau, p.314). Shifting from emotional integrity to practical matters, the death penalty is more expensive to obtain then giving out life sentences. The taxpayer bears the brunt of the money, and ignorance has caused many to believe capital punishment benefits their pocket books. In our state, the reintroduction of the death penalty cost New York in capital trials alone more than double the cost of a life sentence in prison. Litigation costs for death penalty trials are steeper because they normally take longer because being irreversible, heightened due process is used in the process. Therefore more money is needed for judges, prosecutors, public defenders, court reporters, and costly briefs. Complex pre-trial motions, expensive expert witnesses, and lengthy jury selections add to this bill. When all totaled countrywide, hundreds of millions of dollars have been spent on crime against the few, and this system doesn’t deter violence whatsoever (Dieter, p.401-405). So what to do to improve this system? First, the death penalty needs to be abolished. After that, the key is rehabilitation. Many who are against capital punishment are for strict life sentences. I am not against long sentences but the quality of the prisons and their programs need to be improved. The key is to try to eliminate recidivism. How does recidivism become reduced? By treating the inmates to an emotional education, where they can begin to understand why what they have done was wrong. A strong society will try to help their weakest links, and murderers, though dangerous when let loose without help, are truly a weak link. First, the state needs to invest in increased numbers of social workers in the prisons, and in greater education for these social workers. Pertinent questions need to be asked by social workers. Why does a person become a murderer? What is at the root of his/her violent tendencies? Once a social worker can understand the psychology of such a population, they can chip away at inmates and get them asking themselves why they have become who they are. They must become aware that they can change. There are methods that help inmates become more self-realized and calm. One is used in places where inmates have reached minimum security. They are given a kitten to take care of, and the bonding with this pet causes these people to become more compassionate as they become attached to and begin to love their cat. This love transfers over into human relationships as well. Another method has been used more widely and has shown fantastic results. It is called Transcendental Meditation. Transcendental Meditation is a practice of sitting still and breathing a certain way, while focusing inward for a period of about twenty minutes. In one of the places it was used, a prison in Senegal, the system was integrated with success. This seemingly simple act almost completely eliminated fights amongst inmates, and caused a sharp reduction in irritability and aggressiveness. It also decreased the number of medical consultations in the prison by about 75 percent, saw during the time period used a sharp decline in drug consumption, improvement in sleep by inmates, and most tellingly reduced national recidivism. This technique has been shown to reduce stress, which causes so many problems in our high-strung world and society. By combining increased amounts of educated and aware social workers, with the implementation of pets to love, and transcendental meditation, along with other ideas brainstormed by others, we could probably help many people who may other wise have been executed into becoming responsible, safe, and self-aware citizens in the future. If all this seems to idealistic, I can’t apologize, because the world needs more idealists willing to promote change. One thing that can make New York State a better place to live overnight would be the abolishment of the death penalty. Capital punishment does not deter crime. It also is unfair due to the discrimination against blacks and other non-whites. It also is a system that inevitably make errors in judgements as to whether a person convicted of a crime and sentenced to death actually is innocent. The act itself if barbaric, as the person being executed suffers intolerable pain no matter what the procedure of execution. Morally speaking, there is nothing accomplished by taking the like of one who took the life of another, it only causes greater grief everywhere. Financially, the death penalty cost way more than a life sentence. Also, not mentioned, public opinion that shows support for the death penalty is jaded. When questioned to include the option of a life sentence and restitution, public opinion shifts away from pro-capital punishment views of support. In conclusion, rehabilitation is one answer, but human compassion is the key to overturning the death penalty in New York State, and all over the country. America is the only country in the western world that has capital punishment. Our counterparts have evolved faster than we have. So please, Mr. Governor, use your influence to create a state that is to be emulated throughout the United States, abolish the death penalty once for all. We need to help our fellow humans, not kill them, for that makes the state no better than the common convicted criminal, waiting on his execution. Sincerely, Al Carrozza
Posted on: Wed, 20 Nov 2013 05:37:55 +0000
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