Kill and Be Killed - Should It Be Legal?

Kill and be Killed - Should it be Legal?

It's 4 a.m. and your phone rings. On the other line is a police officer telling you that your nineteen year old daughter has been found. After three weeks of agonizing over the disappearance of your daughter, you think that the nightmare is over, but what you don't realize is that it's just beginning. Your daughter had been found, but not alive. Her body was found strangled and dumped in an alley near the bar where she had last been seen. The good news is that the police have a suspect in custody, who had signed a confession stating that he was the murderer. He will be held in the nearest prison while he awaits his trial which has been scheduled for May 9th, a year to the day your daughter's body was found. He will more than likely get life without parole or possibly the death penalty. While all of this is happening, your state is in the middle of debating whether or not they will abolish the death penalty. Should the man who murdered your precious daughter be put to death, or should he have to spend the rest of his life in prison?

One of the biggest factors in deciding whether or not the death penalty should be abolished nationwide is which is less financially demanding. In recent studies, it was shown that cases that did not involve the death penalty cost three times less than cases that did involve the death penalty. It was also shown that for death penalty cases, the trial cost was sixteen times greater, the appeal cost was twenty-one times greater, and the cost of carrying out the execution was almost fifty percent greater than cases that did not involve the death penalty. While the average cost for a non-death trial is around $32,000, the average cost for a case involving the death penalty is around $508,000 (Study Concludes). In comparison of the two cases, it is obvious that the death penalty is much more costly than a non-death case. Many argue that you cannot put a price on justice, and that you should be forced to face the consequences of your actions.

Another factor that's questionable in deciding whether or not the death

penalty should be legal is the questionable innocence of those on death

row. While there are ways to prove that the defendant facing execution

is innocent, there have been mistakes made in the past. In 1991, James

Parenthal, a thirty-eight year old man from Chicago, was executed for

the murder of an eight year old African American girl. Two years later, an intoxicated Robert Menthof, also of Chicago, admitted to the crime. When DNA testing was completed, it was confirmed that Menthof was indeed the true killer (Hall 2003). Dozens of cases like this one happen every year. With technology becoming more efficient, it will now be easier to prove someone's innocence, but the risk is still there.

Racial disparity on death row has been another factor that has been toyed with over the years. Many believe that many of the people who are on death row were only sentenced to death because of their race or ethnicity. On death row today, 76 percent of those facing execution are minorities. Of the 76 percent, 24 percent is accounted for by the military. On the military death row today, there are five African Americans, one Pacific Islander, and one Caucasian (Bonner 2003). It has been argued that the death penalty is racially unjust and should be abolished. The opposite side of the spectrum argues that while it may seem racially unjust, the fact of the matter is that these races are the ones committing these crimes and that justice should be sought.

Representation for defendants facing a death row trial has also been called unjust. In most cases, the defendant cannot afford decent representation. Many of the lawyers are underpaid, overworked or inexperienced (Death Penalty Representation). In 2004, one-fifth of the defendants facing execution were later found to have lawyers who were suspended or arrested. Also, one-in-four cases were found to have representation that had at one time or another been disciplined for professional misconduct (O'Connor).

Whether or not juveniles should be executed is another factor that comes into play when deciding if the death penalty should be abolished or left alone. In the past decade, many laws have been made so that juveniles can be tried as adults. With these laws comes the right to execute a juvenile. Last year in Mississippi alone, 36 juveniles were sentenced to the death penalty (Streib 2004). Today, China, the United States, Pakistan, Saudi Arabia and Nigeria are the only countries known to execute juveniles (Sharp 2003). Many believe that juveniles should not be executed because of their lack of common knowledge and maturity. Others argue that while they may be young, they still know the difference between right and wrong and should be punished just as any adult would.

So the question is, should the death penalty be abolished? Many believe that it is too costly, racially unjust and just plain cruel. Others argue that it's karma, and those who commit these crimes are merely getting what they deserve. Many states have already abolished the death penalty, but still many have not. How long before the death penalty is banned nationwide? Only time can tell.

Annotated Bibliography

"Kansas Death Penalty Cost Report." Death Penalty Information Center.

<http://www.deathpenaltyinfo.org/article.php?scid=7&did=918>.

This article confirmed that the death penalty costs seventy percent more than a non-death penalty case. Most non-death penalty cases cost around $740,000 while death penalty cases cost up to $1.26. The investigation costs for death penalty cases were 16 times greater than non-death penalty cases, along with the appeal costs which were 21 times greater.

Hall, Charlene. "Innocence Issues - The Death Penalty." (2007).

http://www.prodeathpenalty.com/Innocence.htm

This article states the danger of executing someone who is innocent. The U.S. Court's have been trying to distinguish the difference between the actually innocent and the legally innocent for years. Over the years, it was later determined that an estimated 102 people that were executed were later confirmed the be innocent.

Bonner, Raymond. "Racial Disparity on the Military's Death Row." (2001).