Monday, December 8, 2008

Death penalty

An astounding 1135 Americans have been killed mercilessly in the last thirty-one years by the United States judicial system (death penalty info 1). Amazingly, this is a perfectly legal practice in the same country that is often said to be at the forefront of the free world. Many continue to argue for the practice of capital punishment, or the death penalty for the murderers and rapists of our country, in order to deter these types of people from commiting these awful acts. They also argue that we need to clear out our jails, as it doesn’t make sense to use tax dollars to keep these heinous people alive in our prison cells. However, there is plenty of data to argue just the opposite, that the death penalty is not successful in deterring crime, and that it is actually more expensive to kill these people than to keep them in our jails.
First, the proponents of capital punishment argue that the only way to teach some of these people not to murder and commit other awful crimes is to threaten them with death upon conviction. However, it has been seen that this is not effectively deterring murder. In fact, in most cases, the murder rate has risen with the use of the death penalty. In states that do not practice capital punishment, the murder rates have been consistently between 27 and 46 percent lower than in those states that practice it since 1995 (death penalty info deterrence). Most recently, in 2007, the murder rate was 5.83 in states that use the the death penalty, versus only 4.10 in states that don’t (deterrence). That is a 42 percent difference (deterrence). In addition, according to a survey, of past and present presidents of the nations top criminological societies, 84 percent reject the notion that capital punishment acts as a deterrence to murder (death penalty info 3).
Secondly, a common argument for the implementation of the death penalty is that we need to clear out our jail cells, that we shouldn’t be spending space and money keeping these evil people alive in our prisons. However, it has been proven time and time again that it is more expensive to kill these people than to keep them alive. For example, in California, the death penalty system costs taxpayers 114 million a year more than what it would cost to keep convicts locked up for life (death penalty info 4). Californians have coughed up over 250 million for each execution (4). In Kansas, capital cases are seventy percent more expensive than non-capital cases, including incarceration costs(4). In Florida, it costs 51 million a year above what it would cost for first degree murderers to spend life in prison without parole (4). That’s 24 million for each execution (4). Imagine what could be done with all that money. A great majority of the reason costs are so much more for death penalty cases are because of the extensive trials that they must go through. Ever case is brought to appeals, and drags on forever, as people’s lives are literally at stake in these trials. Often times those on death row are using taxpayers dollars for their lawyers and court costs also because they have the right to them, but usually don’t have the money to pay for them. These costs add up quickly.
Possibly the biggest argument for the death penalty, the one thing that is keeping it legal in some states in the face of all this contradictory data is that is just. People say eye for an eye, that is the only just thing to do. But I disagree. First of all, by killing those that have killed, we are stooping to their level, and setting an example of vengeance. Many of those convicted of murder kill for revenge. They feel that someone did something bad enough that warrants their life be taken. While we might not agree that it is worth their life, it seems to be for these murderers, in the name of justice. By taking the lives of the murderers for committing crimes we believe to be horrible enough to die for, we are doing the exact same thing as the murderers. It is all about vengeance, and there is no room for that in a mature and responsible society. As Gandhi said, “An eye for an eye would make the whole world blind.”


Bibliography

"Fact Sheet." Death Penalty Information Center. 8 Dec 2008. Death Penalty Information Center. 8 Dec 2008 .

"Deterrance." Death Penalty Information Center. 2008. Death Penalty Information Center. 8 Dec 2008 .

4 comments:

dudleysharp said...

your sources of information from a group that is, strictly, anti death penalty.

To correct a few things:

Death Penalty and Deterrence: Let's be clear
by Dudley Sharp, Justice Matters, 0104
 
In their story, "States With No Death Penalty Share Lower Homicide Rates", The New York Times did their best to illustrate that the death penalty was not a deterrent, by showing that the average murder rate in death penalty states was higher than the average rate in non death penalty states and, it is. (1)
 
What the Times failed to observe is that their own study confirmed that you can't simply compare those averages to make that determination regarding deterrence.
 
As one observer stated: "The Times story does nothing more than repeat the dumbest of all dumb mistakes — taking the murder rate in a traditionally high-homicide state with capital punishment (like Texas) and comparing it to a traditionally low-homicide state with no death penalty (like North Dakota) and concluding that the death penalty doesn't work at all. Even this comparison doesn't work so well. The Times own graph shows Texas, where murder rates were 40 percent above Michigan's in 1991, has now fallen below Michigan . . .". (2)
 
Within the Times article, Michigan Governor John Engler states, "I think Michigan made a wise decision 150 years ago," referring to the state's abolition of the death penalty in 1846.   "We're pretty proud of the fact that we don't have the death penalty."(3)
 
Even though easily observed on the Times' own graphics, they failed to mention the obvious. Michigan's murder rate is near or above that of 31 of the US's 38 death penalty states. And then, it should be recognized that Washington, DC (not found within the Times study) and Detroit, Michigan, two non death penalty jurisdictions, have been perennial leaders in murder and violent crime rates for the past 30 years. Delaware, a jurisdiction similar in size to them, leads the nation in executions per murder, but has significantly lower rates of murders and violent crime than do either DC or Detroit, during that same period.
 
Obviously, the Times study and any other simple comparison of jurisdictions with and without the death penalty, means little, with regard to deterrence.
 
Also revealed within the Times study, but not pointed out by them,: "One-third of the nation's executions take place in Texas—and the steepest decline in homicides has occurred in Texas, Oklahoma, Louisiana and Arkansas, which together account for nearly half the nation's executions." (4)
 
And, the Times also failed to mention that the major US jurisdiction with the most executions is Harris County (Houston, Texas), which has seen a 73% decrease in murder rates since resuming executions in 1982 -- possibly the largest reduction for a major metropolitan area since that time.
 
Also omitted from the Times review, although they had the data, is that during a virtual cessation of executions, from 1966-1980, that murders more than doubled in the US. Any other rise and fall in murders, after that time, has been only a fraction of that change, indicating a strong and direct correlation between the lack of executions and the dramatic increase in murders, if that is specifically what you are looking for.
 
If deterrence was measured by direct correlation's between execution, or the lack thereof, and murder rates, as implied by the Times article, and as wrongly assumed by those blindly accepting that model, then there would be no debate, only more confusion. Which may have been the Times' goal.
 
Let's take a look at the science.
 
Some non death penalty jurisdictions, such as South Africa and Mexico lead the world in murder and violent crime rates. But then some non death penalty jurisdictions, such as Sweden, have quite low rates. Then there are such death penalty jurisdictions as Japan and Singapore which have low rates of such crime. But then other death penalty jurisdictions, such as Rwanda and Louisiana, that have high rates.
 
To which an astute observer will respond: But socially, culturally, geographically, legally, historically and many other ways, all of those jurisdictions are very different. Exactly, a simple comparison of only execution rates and murder rates cannot tell the tale of deterrence. And within the US, between states, there exist many variables which will effect the rates of homicides.

See REVIEW, below
 
And, as so well illustrated by the Times graphics, a non death penalty state, such as Michigan has high murder rates and another non death penalty state, such as North Dakota, has low murder rates and then there are death penalty states, such as Louisiana, with high murder rates and death penalty states, such South Dakota, with low rates. Apparently, unbeknownst to the Times, but quite obvious to any neutral observer, there are other factors at play here, not just the presence or absence of the death penalty. Most thinking folks already knew that.
 
As Economics Professor Ehrlich stated in the Times piece and, as accepted by all knowledgeable parties, there are many factors involved in such evaluations. That is why there is a wide variation of crime rates both within and between some death penalty and non death penalty jurisdictions, and small variations within and between others.  Any direct comparison of only execution rates and only murder rates, to determine deterrence, would reflect either ignorance or deception.
 
Ehrlich called the Times study "a throwback to the vintage 1960s statistical analyses done by criminologists who compared murder rates in neighboring states where capital punishment was either legal or illegal." "The statistics involved in such comparisons have long been recognized as devoid of scientific merit." He called the Times story a "one sided affair" devoid of merit. Most interesting is that Ehrlich was interviewed by the Time's writer, Fessenden, who asked Ehrlich to comment on the results before the story was published. Somehow Ehrlich's overwhelming criticisms were left out of the article.
 
Ehrlich also referred Fessenden to some professors who produced the recently released Emory study. Emory Economics department head, Prof. Deshbakhsh "says he was contacted by Fessenden, and he indicated to the Times reporter that the study suggested a very strong deterrent effect of capital punishment." Somehow,
Fessenden's left that out of the Times story, as well. (5).
 
There is a constant within all jurisdictions -- negative consequences will always have an effect on behavior.

Maybe the Times will be a bit more thoughtful, next time.

REVIEW

"The List: Murder Capitals of the World", 09/08, Foreign Policy Magazine
Capital punishment (cp) or not (ncp)
murder rates/100,000 population
 
4 out of the top 5  do not have the death penalty
 
1. Caracas (ncp), Venezuela 130-160
Bad policing.
2. New Orleans (cp), La, USA  69-95
Variable because of different counts in surging population. Drug related.
Nos 2 & 3 in US, Detroit (ncp), 46 and Baltimore (cp), 45.
3. Cape Town (ncp), South Africa 62
Most crimes with people who know each other.
4.  Port Mores (ncp), Papua New Guinea 54
Chinese gangs, corrupt policing
5. Moscow (ncp), Russia 9.6
various
 
Of the Top 10 Countries With Lowest Murder Rates  (1), 7 have the death penalty

O f the Top 10  Countries With Highest Murder Rates  (2), 5 have the death penalty

Top 10 Countries With Lowest Murder Rates
Iceland   0.00 ncp
Senegal   0.33 ncp
Burkina Faso 0.38 cp
Cameroon 0.38 cp
Finland 0.71 ncp
Gambia 0.71 cp
Mali 0.71 cp
Saudi Arabia 0.71 cp
Mauritania 0.76 cp
Oman cp
 

Top 10  Countries With Highest Murder Rates
Honduras 154.02 ncp
South Africa 121.91 ncp
Swaziland 93.32 cp
Colombia 69.98 ncp
Lesotho 50.41 cp
Rwanda 45.08 ncp
Jamaica 37.21 cp
El. Salvador 36.88 cp
Venezuela 33.20 ncp
Bolivia 31.98 cp
  
(1) http://www.mapsofworld.com/world-top-ten/countries-with-lowest-murder-rates.html    no date
 
(2) http://www.mapsofworld.com/world-top-ten/countries-with-highest-murder-rates.html    no date


FOOTNOTES

1)  "States With No Death Penalty Share Lower Homicide Rates",  The New
York Times 9/22/00 located at     
www (dot) nytimes.com/2000/09/22/national/22STUD.html  and www (dot) nytimes.com/2000/09/22/national/22DEAT.html
2) “Don't Know Much About Calculus: The (New York) Times flunks high-school
math in death-penalty piece", William Tucker, National Review, 9/22/00, located
at   www (dot) nationalreview.com/comment/comment092200c.shtml
3) ibid, see footnote 11
4) "The Death Penalty Saves Lives", AIM Report, August 2000, located atwww (dot) aim.org/publications/aim_report/2000/08a.html
5) "NEW YORK TIMES UNDER FIRE AGAIN", Accuracy in Media,  10/16/00, go to www (dot) aim.org/

copyright 2000-2008 Dudley Sharp: Permission for distribution of this document, in whole or in part,  is approved with proper attribution.
 
Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 

dudleysharp said...

Cost Comparisons: Death Penalty Cases Vs Equivalent Life Sentence Cases
Dudley Sharp, Justice Matters, contact info below

In comparing the cost of death penalty cases to other sentences, the studies are woefully incomplete.
 
Generally, such studies have one or more of the following problems.
 
1) Most studies exclude the cost of geriatric care, recently found to be $60,000-$80,000/inmate/yr. A significant omission from life sentence costs.
 
2) All studies exclude the cost savings of the death penalty, which is the ONLY sentence which allows for a plea bargain to a maximum life sentence. Such plea bargains accrue as a cost benefit to the death penalty, such benefit being the cost of trials and appeals for every such plea bargain. The cost savings would be for trial and appeals, estimated at $500,000 to $1 million, which would accrue as a cost benefit/credit to the death penalty.
 
Depending upon jurisdiction, this MIGHT result in a minimal cost differential between the two sanctions or an actual net cost benefit to the death penalty, depending upon how many LWOP cases are plea bargained and how many death penalty cases result in a death sentence.
 
3) FCC economist Dr. Paul Zimmerman finds that executions result in a huge cost benefit to society. "Specifically, it is estimated that each state execution deters somewhere between 3 and 25 murders per year (14 being the average). Assuming that the value of human life is approximately $5 million {i.e. the average of the range estimates provided by Viscussi (1993)}, our estimates imply that society avoids losing approximately $70 million per year on average at the current rate of execution all else equal." The study used state level data from 1978 to 1997 for all 50 states (excluding Washington D.C.). (1)
 
That is a cost benefit of $70 million per execution.  15 additional recent studies, inclusive of their defenses,  support the deterrent effect. 
 
No cost study has included such calculations.
 
Although we find it inappropriate to put a dollar value on life, evidently this is not uncommon for economists, insurers, etc.
 
We know that living murderers are infinitely more likely to harm and murder, again, than are executed murderers. There is no doubt that executions do save innocent lives. What value do you put on the lives saved? Certainly not less than $5 million.
 
4) a) Some studies compare the cost of a death penalty case, including pre trial, trial, appeals and incarceration, to only the cost of incarceration for 40 years, excluding all trial costs and appeals, for a life sentence. The much cited Texas "study" does this.  Hardly an apples to apples cost comparison.
       b) The pure deception in some cost "studies" is overt. It has been claimed that it costs $3.2 million/execution in Florida. That "study" decided to add the cost of the entire death penalty system in Florida ($57 million), which included all of the death penalty cases and dividing that number by only the number of executions (18). One could just have easily stated that the cost of the estimated 200 death row inmates was $285,000 per case.
 
5) There is no reason for death penalty appeals to take longer than 7 years. All death penalty appeals, direct and writ, should travel through the process concurrently, thereby giving every appellate issue 7 years of consideration through both state and federal courts. There is no need for endless repetition and delay. This would result in a reduction in both adjudication and incarceration costs.
 
Judges may be the most serious roadblock in timely resolution. They can and do hold up cases, inexcusably, for long periods of time.  Texas, which leads the nation in executions, by far, takes over 10 years, on average, to execute murderers. However, the state and federal courts, for that jurisdiction,  handle many cases. Texas has the second lowest rate of the courts overturning death penalty cases. Could every other jurisdiction process appeals in 7-10 years. Of course, if the justices would allow it.
 
Justice
6) The main reason sentences are given is because jurors find that it is the most just punishment available. No state, concerned with justice, will base a decision on cost alone. If they did, all cases would be plea bargained and every crime would have a probation option.
 
1). "State Executions, Deterrence and the Incidence of Murder", Paul R. Zimmerman (zimmy@att.net), March 3. 2003, Social Science Research Network, http://papers.ssrn.com/sol3/delivery.cfm/SSRN_ID354680_code021216500.pdf?abstractid=354680
 
copyright 2003-2008 Dudley Sharp
Permission for distribution of this document, in whole or in part,  is approved with proper attribution.
 
Dudley Sharp, Justice Matters

dudleysharp said...

You write: "First of all, by killing those that have killed, we are stooping to their level, and setting an example of vengeance."

Only if you can't see the moral difference between the rape and murder of children and the execution of the rapist/murderer.

We execute guilty murderers who have murdered innocent people.

For those who don't know the differrence between crime and punishment, guilty murderers and their innocent vicitms, this may be confusing.

For the rest of us, it is easy to understand.

The moral confusion exists when people blindly accept the amoral or immoral position that all killing is equal.

For those who believe all killing is morally equivalent, they would equate the slaughter of 6 million innocent Jews with the execution of those guilty murderers committing that slaughter. They would also equate the rape and murder of children with the execution of the rapist/murderer.

Fortunately, most folks really do know the difference.

Dudley Sharp, Justice Matters

dudleysharp said...

from the quote, it is apparent that both you and Ghandi misinterpreted the context of "an eye for an eye"

It has nothing to do with revenge or hatred, but was an instrution to make sanctions more proportionate to the crimes/sins, as opposed to the excessive punishments of the past.

The Death Penalty: Neither Hatred nor Revenge
Dudley Sharp, Justice Matters, contact info below

Death penalty opponents say that the death penalty has a foundation in hatred and revenge. Such is a false claim.

A death sentence requires pre existing statutes, trial and appeals, considerations of guilt and due process, to name but a few.  Revenge requires none of these and, in fact, does not even require guilt or a crime.

The criminal justice system goes out of its way to take hatred and revenge out of the process.  That is why we have a system of pre existing laws and legal procedures that offer extreme protections to defendants and those convicted and which provide statutes and sanctions which existed prior to the crime.
 
It is also why those directly affected by the murder are not allowed to be fact finders in the case.

The reality is that the pre trial, trial. appellate and executive clemency/commutation processes offer much  greater time and human resources to capital cases than they do to any other cases, meaning that the facts tell us that defendants and convicted murderers, subject to the death penalty, receive much greater care and concern than those not facing the death penalty - the opposite of a system marked with vengeance.

Calling executions a product of hatred and revenge is simply a way in which some death penalty opponents attempt to establish a sense of moral superiority. It can also be a transparent insult which results in additional hurt to those victim survivors who have already suffered so much and who believe that execution is the appropriate punishment for those who murdered their loved one(s).

Far from moral superiority, those who call capital punishment an expression of hatred and revenge are often exhibiting their contempt for those who believe differently than they do. Instead, they might reflect on why others believe it is a just and deserved sanction for the crimes committed.

The pro death penalty position is based upon those who find that punishment just and appropriate under specific circumstances.

Those opposed to execution cannot prove a foundation of hatred and revenge for the death penalty any more than they can for any other punishment sought within a system such as that observed within the US - unless such opponents find all punishments a product of hatred and revenge - an unreasonable, unfounded position

Far from hatred and revenge, the death penalty represents our greatest condemnation for a crime of unequaled horror and consequence. Lesser punishments may suffice under some circumstances. A death sentence for certain heinous crimes is given in those special circumstances when a jury finds such is more just than a lesser sentence.

Less justice is not what we need.

A thorough review of the criminal justice system will often beg this question: Why have we chosen to be so generous to murderers and so contemptuous of the human rights and suffering of the victims and future victims?

The punishment of death is, in no way, a balancing between harm and punishment, because the innocent murder victim did not deserve or earn their fate, whereas the murderer has earned their own, deserved punishment by the free will action of violating societies laws and an individuals life and, thereby, voluntarily subjecting themselves to that jurisdictions judgment.

copyright 2001-2008   Dudley Sharp, Permission for distribution of this document, in whole or in part,  is approved with proper attribution.


Dudley Sharp, Justice Matters
e-mail  sharpjfa@aol.com,  713-622-5491,
Houston, Texas
 
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
 
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
 
Pro death penalty sites 

http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx

www.dpinfo.com
www.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2   (Sweden)
www.wesleylowe.com/cp.html