C apital Punishment: J I H V ? udicial nterpretation or
uman
engeance
Gayle Cottrill
E
the death penalty could argue that the slow process is torturous and unusually cruel. Some criminals sentenced to death can spend many years on death row, a situation that many say, is cruel and unusual. One man, Dale Johnston, was freed from Ohio’s death row after a fourteen-year wait when another man pled guilty for Johnston’s alleged doublemurder.7 Johnston said of his experience on death row, “a living hell would probably be the best description… Every moment of your life is controlled.” Despite monstrous acts, death row inmates are still humans with emotion and need. Should they be stripped of human dignity and their right to life? According to the 2007 Gallup Poll8 of the public’s opinion on the death penalty, sixty-nine percent still supported the practice. Two years later, the supporters still rule the majority on the topic, arguing that capital punishment is not cruel and unusual, but a necessary and just punishment. Taking another’s life is a capital crime that deserves a capital punishment. Proponents believe that the death penalty is a suitable punishment for those who choose to commit a heinous crime like murder. However, the Supreme Court has put restrictions on who are appropriate recipients of the death penalty. For minors and the mentally ill, it is considered cruel and unusual to sentence them to death.9 Furthermore, the death penalty is reserved for those who most deserve it, not for those who have been convicted of petty crimes. Supporters can argue that the prisoners sentenced to death indeed have their rights protected; many criminals are able to extend their time on death row by filing numerous appeals for their cases. The argument that prolonged stays on death row are cruel and unusual may be thought ridiculous by proponents of the death penalty because the inmates themselves increase their prison time with attempts to overturn a usually non-revocable verdict that deserves to be reckoned with. Life on death row may be harsh at times, seeming to threaten some human rights for the prisoners, but some supporters of the death penalty believe the sentenced gave up their right to life when they took another’s. In reality, the inmates on death
xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” So states the Eighth Amendment of the U.S. Constitution, an important and key factor when determining legislation concerning capital punishment. The Supreme Court has decided that capital punishment does not violate the Eighth Amendment based on the interpretation of the word “and.” A sentence can be cruel or it can be unusual, but it cannot be both.1 However, those opposed have equally legitimate claims that capital punishment is both cruel and unusual. At the time the Constitution was written, capital punishment was widely accepted, and it was determined that the Eighth Amendment had not been created to abolish the practice.2 In 1846, Michigan was the first state to abolish the death penalty, and other states followed suit and have continued to do so today, but slowly. In 2008, 36 states still supported the death penalty.3 The number may appear high, but it is not surprising when looking at where the United States places on the global scale of execution records. Of the 192 nations in the world, only 62 allow death sentences to be carried out,4 and only seven nations administer the majority of the world’s executions: Saudi Arabia, Iran, Pakistan, Yemen, China, Vietnam, and the United States.5 Although the United States’ executions rank high internationally, within the States, according to a recent article by Richard Lacayo of TIME, “the pendulum now appears to be swinging in the other direction.” While the U.S. Supreme Court continues to argue the death penalty does not violate the Eighth Amendment’s condemnation of cruel and unusual punishment, many people still disagree. Those opposed believe that capital punishment does violate the amendment on multiple charges. Some argue that lethal injection is a cruel method of execution. A lot of things can go wrong to make the prisoner uncomfortable and suffer great pain. The whole process takes about thirty to forty minutes, depending on the facility’s protocol.6 When one is awaiting death, half an hour can seem like eternity, and opponents of
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row are treated quite humanely and are granted TV, exercise and visitation rights as in other prison systems.10 Like any debatable issue, it is vital to study both sides of the argument, in addition to the imperfections of each stance. While opponents may claim that the process of lethal injection is slow and tortuous, the actual length of dying takes an average of eight minutes, and within the first minute the person is unconscious from an anesthetic.11 Any execution can be argued inhumane, but lethal injection is a lot cleaner and gentler than being drawn and quartered, burned at the stake, or even electrocuted. Time spent on death row can be long, and seemingly tortuous or hellish to the inmates, but being on death row grants prisoners time to come to terms with death and fight for their life under due process of law. Perhaps it would be less devastating for the condemned criminal to be put to death immediately after the verdict is declared. But the question still remains about whether capital punishment is a necessary and just punishment. In early 2009, the governor of Maryland, Martin O’Malley, claimed capital punishment to be “outdated, expensive and utterly ineffective”.12 Murders still happen everyday, and the process to actually condemn and carry out the death penalty could easily cost more than a prison life sentence, especially given all the chances for a prisoner to appeal his or her case. The restrictions on who may be sentenced to death present issues. If one suffers so terribly from mental illness that he or she cannot determine right from wrong, perhaps they should be under careful surveillance and not granted opportunity to commit murder. It is cruel and unusual to condemn a minor, but is there a substantial difference between a sixteenyear-old and an eighteen-year-old who commit the same crime? A child learns early in life the differences between good and bad, right from wrong. An individual’s actions cannot be controlled, and any person should have to deal with the consequences if he or she is able to comprehend them. It may seem barbaric to execute a twelve-year-old, but in order for the death penalty to be truly effective, perhaps the punishment should apply to anyone able to understand the law and deliberately disobey it. Finally, supporters of the death penalty who believe that the punishment is not cruel and unusual should consider a few things. No two crimes are alike, and the circumstances surrounding the alleged crime can be overlooked. Is it right to condemn to death a man or woman who commits one cold-blooded murder after twenty years of honest living and not condemn a rapist, drug-dealer or thief of twenty-years
who has destroyed multiple lives and families? Is it right to condemn to death a man who killed his child’s murderer? Is it right to condemn to death a drunk driver who killed a family of five? Capital punishment should not be considered a fair act of retribution when considering the discrepancies that surround the executed and their cases. Different prosecutors within the same demographic region can look for different end results for their clients,13 and in essence, for the same crime, one convict could be sentenced thirty years in prison and another sentenced to death. Looking at this debate, I now understand both standpoints of the issue, and in truth my thoughts are in turmoil. But deep down I feel it is wrong to execute criminals. It may be religious teachings that have instilled a strong sense of mercy and forgiveness within me, but humans are humans no matter what actions they have committed. I can appreciate the struggle with vengeful emotions that I believe continually spur on this argument. If my life were shattered by a murder of a friend or family member, I would want revenge. I would want the murderer to die, but it is not my place to demand another life be taken. Neither is it the law’s. Any criminal act is hard to understand, and the reasoning behind a murder, the darkest act of man, is sometimes utterly incomprehensible. The human mind cannot be the judge of something it does not understand. Ultimately, capital punishment is too moral of an issue to ever be able to create a neutral standpoint. A criminal still represents a human life, and I feel a government based on the values of such a right is hypocritical in condoning the death penalty. It is an issue about a being’s right to life, and sometimes it may be necessary to sacrifice human emotion and honour a human’s capital right. The controversy about the death penalty in the United States is a heated one, with strong points for both arguments of the issue. Even so, it is impossible to truly determine if capital punishment is cruel and unusual and does or does not violate the Constitution’s Eighth Amendment. It is a topic of judiciary interpretation and human morale, a fiery debate that emphasizes the struggle between lawful punishment and human vengeance.
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Notes
References
1. Coleman, John J., et al. Understanding American Politics and Government. Brief ed. New York: Longman, 2008: 158.
1. Babcock, Sandra. 2007. “The Global Debate on the Death Penalty.” Human Rights Magazine. 34, 2 Spring.
2. “Capital Punishment Timeline.” Office of the Clark County Prosecution Attorney. (1998-2009). http:// www.clarkprosecutor.org/html/death/timeline.htm [9 October 2009].
2. Beyerlein, Tom and Laura A. Bischoff. 2009. “Confinement and Despair Haunt Death Row Inmates.” [The] Dayton Daily News, February.
4. Ibid.
3. “Capital Punishment Timeline.” Office of the Clark County Prosecution Attorney. (1998-2009). http:// www.clarkprosecutor.org/html/death/timeline.htm [9 October 2009].
5. Babcock, Sandra. “The Global Debate on the Death Penalty.” Human Rights Magazine. 34, 2 (Spring 2007).
4. Clark, Richard. “Lethal Injection.” Capital Punishment UK. (1995). http://www.clarkprosecutor.org/ html/death/timeline.htm [9 October 2009].
6. Clark, Richard. “Lethal Injection.” Capital Punishment UK. (1995). http://www.clarkprosecutor.org/ html/death/timeline.htm [9 October 2009].
5. Coleman, John J., et al. 2008. Understanding American Politics and Government. Brief ed. New York: Longman.
7. Beyerlein, Tom and Laura A. Bischoff. “Confinement and Despair Haunt Death Row Inmates.” [The] Dayton Daily News. (23 February 2009).
6. Lacayo, Richard. 2009. “The Tide Shifts Against the Death Penalty.” TIME. February.
3. Coleman, 1.
8. “Timeline,” 1. 9. Lacayo, Richard. “The Tide Shifts Against the Death Penalty.” TIME. (3 February 2009). 10. Beyerlein, 2. 11. Clark, 1. 12. Lacayo, 2. 13. Babcock, 1.
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