The Death Penalty Most people would agree that all crime must pay.

When it comes to the subject of murder the question of what is a suitable punishment has been an on going debate for hundreds of years. The death penalty is a very controversial issue. Many people have different opinions about how a criminal should be disciplined. Over 33% of Americans favor the death penalty today. Presently, thirty-four states have the death penalty, so is the concept of "a life for a life" the best way to reprimand a criminal? Is the death penalty the only solution when it comes to capital punishment? Or is there a more suitable and effective answer instead of the death penalty. Of the sixteen states that do not have the death penalty, is crime more likely to occur there than in states that have the death penalty? These are just a few questions raised about this very controversial issue. Some other important queries include: Have there been criminals wrongfully convicted and sentenced to death row? Is the death penalty fair to everyone, and how does mental illness come into play? All of these questions must be answered before a well educated conclusion can be made. To begin what exactly constitutes as a crime punishable by death and what is the process for going about this procedure. There are thirty-four states that have the death penalty in place today. Every state has varying prerequisites when it comes to what exactly is deemed as a capital punishment offense. Crimes that represent suitable actions to receive the death penalty include but are not limited to a combination of; first degree murder, first degree homicide, kidnapping, and sexual assault, all with varying degrees of aggravated circumstances. Once a person has been convicted they are not immediately put to death. Instead they are implemented into a process known as death row. Death row is a process where a person who is sentenced to death must await his or her actual execution. During this time, they are generally isolated from other prisoners, excluded from prison educational and employment programs, and sharply restricted in terms of visitation and exercise, spending as much as 23 hours a day alone in their cells. Death row is often a rather lengthy process with most inmates spending an average of more than ten years before being put to death. When the time comes for someone to be executed the most practiced method today is lethal injection. However over the history of the death penalty such methods have been used as electrocution, gas champers, hanging, and even a firing squad. History has shown contrasting and mixed views on the issue of the death penalty. Two very important Supreme Court cases dealing with capital punishment demonstrate the wavering debate over what is deemed the correct conclusion. In 1972, in the case of Furman vs. Georgia, the Supreme Court ruled that under then existing laws, "the imposition and carrying out of the death penalty... constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments."Four years later, in the case of Gregg vs. Georgia, the Supreme Court shifted in the opposite direction, and ruled that "the punishment of death does not invariably violate the Constitution."The Court ruled that these new statutes contained "objective standards to guide, regularize, and make rationally reviewable the process of imposing the sentence of death. "Throughout history this issue has been debated and will continue to have varying conclusions as time goes on. (Bedau, Hugo Adam, American Civil Liberties Union, prodigy).

The death penalty is not limited to any one person. Crime is an act that has no bias and can be committed by anyone. Throughout history murder has been committed by all genders, ages, and races. The death penalty though is a punishment of the highest caliber and because of this there is much controversy over who if anyone is exempt from it. Juveniles are often held to a different standard when it comes to breaking the law. When it comes to the death penalty since 1976 over twenty juveniles have been sentenced to death. However In 2005, the Supreme Court in Roper v. Simmons struck down the death penalty for juveniles. In the case of mental disabilities, the Supreme Court held in Atkins v. Virginia found that it is unconstitutional to execute defendants with mental retardation. When it comes to gender men are the majority in the death penalty population. There were 60 women on death row as of January 1, 2011. This constitutes 1.85% of the total death row population. 12 women have been executed since 1976. (NAACP Legal Defense Fund, January 1, 2011)

The cost of an execution is tremendously costly. Several studies carried out and completed have shown that it is far more expensive to put someone to death than to jail him for life. Enforcing the death penalty costs Florida $51 million a year above what it would cost to punish all first-degree murderers with life in prison without parole. Based on the 44 executions Florida had carried out since 1976, which amounts to a cost of $24 million for each execution. (Palm Beach Post, January 4, 2000). In Maryland, an average death penalty case resulting in a death sentence costs approximately $3 million. The eventual costs to Maryland taxpayers for cases pursued 1978-1999 will be $186 million. Five executions have resulted. (Urban Institute 2008). Conservatives say that the solution to this high cost is to limit or cut back the number of death row inmates to appeals. This way the time that he is in jail will be shorten and execution will take place sooner. It goes without dispute that the exaction process is indeed an exceptionally expensive one. So have criminals been wrongfully convicted and sentenced to death row? Unfortunately the answer is yes. Shockingly enough, one report revealed that between the years of 1900-1985, 350 people have been wrongfully convicted of capital offenses. Another survey shows that in the last three decades, over 130 wrongfully convicted people have been released from death row because of innocence. Unfortunately, twentythree of the three hundred and fifty people wrongfully convicted between 1900-1985, were already executed before the evidence came about. Justice Thurgood Marshall, a long time opponent of the death penalty feared that "if an individual is imprisoned for an

offense he did not commit, the error can to some extent be rectified, but if he is executed, the wrong that has been done can never be corrected."(Jet, March 13, 1995) There are many different reasons, both pros and cons, for the death penalty. The following are the some of the most frequently cited arguments for the death penalty. Some consider that those who kill deserve to die. When someone takes another person's life, they give up or forfeit their own right to live. Murder is one of the worst crimes a person can commit and so many believe it deserves the maximum penalty. The death penalty can be the greatest deterrent to murder. If people know that they will be punished by death, they should be less likely to commit crimes and kill. Statistics show that since 1976, over 1200 people have been executed. Of the numerous murders that take place every year some argue that many could have been prevented if criminals believed they would be executed for their crimes. Murders pose a threat to everyone and should be isolated from society. The death penalty guarantees that the killer would not be able to kill again. Life imprisonment does not guarantee that. Criminals can be released on parole or escape from prison, giving those opportunities to murder again.

The arguments against the death penalty might just as strong. Two wrongs do not make a right. How many times have children heard that from their parents? Many believe murder is wrong no matter what, even if it is ruled constitutional. In the civilized society that we live in, is the notion of "an eye for an eye" acceptable? Should the punishment for a rape, be another rape? Or for arson, should we burn down the arsonist's house? One of the government's jobs is to protect its citizens, but there are others ways to do it without killing. Data shows that many crimes are committed on the spur of the moment or in the heat of passion, and the person is usually either under the influence of drugs and/or

alcohol. Often they do not think about the consequences of their wrongful actions. There is no conclusive evidence that states which have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates. Also, the an argument can be made that the death penalty rarely discourages murderers who plan to kill because they do not believe that they will be caught nor will they let anything effect their motives. Mistakes are sometimes made in capital cases which can lead to the taking innocent lives. One study showed that 350 people who were convicted of crimes, for which they could have been put to death for, were later found to be innocent. Tragically, twenty-three were executed wrongly. Some try to dispute that the death penalty discriminates against minorities and the poor and is not administrated fairly. Approximately 20,000 murders are committed each year, but one study found only one out of one hundred convicted murderers are in fact sentenced to death. Taking into consideration all the information gathered I personally believe that the death penalty is a system which is far from perfect. Each case which meets the requirements to be deemed punishable by death is unique and complex. I suppose that no two crimes are the same. For that each instance must be individually scrutinized and a unique course of action must take place to ensure the most suitable punishment is carried out. The death row system is a long and costly one. I feel as if much time and money is exhausted housing death row inmates. Perhaps there is a more effective alternative. However after all is said and done, when someone commits such a sinister crime often the only appropriate punishment is death. The death penalty should be known as a last resort and as the greatest punishment of all. It goes without saying that only once a fair and conclusive review is drawn to a close, then and only then can someone be sentenced to death. The death penalty is the ultimate punishment, only fit for the ultimate crimes.

Work cited: Williams, Mary E., and Scott Barbour. The Death Penalty: Opposing Viewpoints. San Diego, CA: Greenhaven, 2002. Print. Klausen, Flemming. The Death Penalty: a Necessary Evil?. Kolding: Handelshjskole Syd, 1996. Print. "Capital Punishment Essay - The Death Penalty." 123HelpMe.com. 14 Dec 2011 <http://www.123HelpMe.com/view.asp?id=17502>. Doe, John C. "Facts about the Death Penalty." Death Penalty Information Center. DPIC, 13 Dec. 2011. Web. 14 Dec. 2011. <http://deathpenaltyinfo.org>. Sarat, Austin. The Death Penalty: Influences and Outcomes. Aldershot: Ashgate, 2005. Print. Van, Den Haag, Ernest., and John Phillips. Conrad. The Death Penalty: a Debate. New York: Plenum, 1983. Print.