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Capital punishment, the death penalty, is the highest form of possible punishment for criminals who’ve been convicted of serious federal and state crimes. This procedure is still in law today for 28 states of the U.S., including Alabama. The most common way the procedure is carried out is by lethal injection or electrocution. The death penalty has been considered unconstitutional by the American Civil Liberties Union (ACLU), as they believe the penalty violates “the constitutional ban against cruel and unusual punishment” and is “an intolerable denial of civil liberties”(“The Case Against the Death Penalty”). When a criminal is given the death penalty, they’re typically put on death row for over a decade until their execution. The long wait on death row is an added form of punishment to raise feelings of mental uncertainty and anxiety, as criminals are unaware of when their death will actually occur. Another reason for it is to use the time to make sure there is absolutely no evidence that proves the person is innocent; however, many factors contribute to the idea that the system is unfair and inhumane. Many people on death row have turned out to be innocent, oftentimes too late.
A main issue with the death penalty is the racial disparities of those on death row. Black individuals are disproportionately convicted of committing the same crimes as their white counterparts; they are incarcerated more than five times the rate as white people. Due to this, Black Americans make up 41.56% of total people on death row (as of 2020); white people make up 42.10%, and Latinos make up 13.47% (“Racial Demographics | Death Penalty”). The extremely close percentages between white and black people on death row are concerning, as black people are approximately 13% of the US population, and white people are 60%. Additionally, those of Hispanic or Latino origin (of any race) make up roughly 18% of the United States population, demonstrating a disproportionate ratio in the death penalty contrasting to white people. This highlights the idea that systematic racism and implicit bias on black and Latino people exist in the criminal justice system, further supporting the idea that the death penalty is unjust; this will often result in the wrong person being punished for a crime. In the majority of capital punishment cases, white victims to black defendants are tried with the death penalty (179 since 2002), while the cases with black victims and white defendants (12 since 2002) are not usually tried with the death penalty. This illustrates a clear racial disparity in the use of the death penalty; while white people are ½ of total murder victims, they make up the victims in 80 percent of capital punishment cases.
Financial status plays a huge role in the criminal justice system. Those that lack needed funding for their cases typically make up over 99% of the prison system and death row. This means that the economic class fuels the death penalty system and shows that the level of crime is not necessarily the only factor that goes into being put on death row. Those that are wealthy are typically more likely to hire skilled defense attorneys in court or attain bail, allowing them to have lower chances of being convicted of crimes. The death penalty is a harsh punishment for those who lack adequate access to those resources. The system needs to acknowledge that most executions are done on those that are financially challenged and emotionally unstable. Being poor and mentally ill does not excuse any crimes committed, but it does call for a reformation on rehab centers and the economic system of the US. If reformation on these institutions occurred, then the death penalty system, which discriminates on the basis of race and wealth, would become practically unnecessary as crime rates would significantly drop.
An added issue with the death penalty is the executions of innocent individuals. Since 1973, thousands of individuals have been wrongfully convicted on death row. Not only that, but black people make up 47% of all innocent individuals who have been given the death penalty. The system is not only racist, but it also shows to be unethical as there is always a chance that convicted criminals could be innocent. The death penalty is also a direct violation of human rights, as government-sponsored killings of civilians are extremely unconstitutional.
The death penalty shows no signs of deterring crime. According to the ACLU (American Civil Liberties Union), “The death penalty is a waste of taxpayer funds and has no public safety benefits. The vast majority of law enforcement professionals surveyed agreed that capital punishment does not deter crime.” If the death penalty is unable to effectively revoke the same crimes from happening, then it would be best to completely get rid of the system in itself. Additionally, from a financial perspective, to perform the death penalty on people convicted of crime costs roughly 18 times more than it would in a life sentence.
It is, in fact, much more beneficial to give criminals life sentences. Life sentences would ensure that people who’ve been wrongfully convicted of federal crimes can be released when new evidence is put forth to prove their innocence. In the case of death penalties, it is irreversible and continues to place innocent individuals at risk of being executed by the government. It is far too obvious that people of color and the poor are targeted by this system, so it would be of best interest to stick with a prison system to create a stronger sense of equality within the criminal justice system. It is time to implement the values of the Constitution.
Edited By: Austen Wyche and Vaishali Ojha
Posted: June 29, 2020
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