I think America can do better than capital punishment. It's the 21st century, isn't it?
Yes, you are quite right.
Lets look at the reasons we punish anyway? Why punish criminals?
1.)Deterrence: Has been shown not to deter.
2.)The retribution theory, go after the bastard for what he did, veers way off course when you consider the following:
Of the many, many people who commit a 1st degree murder with aggravating circumstances(the only death eligible murder, btw) only a tiny fraction are put through capital trials. Of these, only a tiny fraction are actually sentenced to death. Of this even tinier fraction, only a tiny fraction are actually executed. It works out to something like 25-35 executions per yr out of about 8/10,000 eligible crime committing scumbags.
Combine that with the geographic variance, by state and by county, and you can understand why in outlawing the death penalty in Furman v Georgia in 1972, the Supreme Court equated the nature of the odds of getting executed as similar to the odds of getting struck by lightning.
Did anyone know that Texas may fry a lot of people, but that most counties and the vast majority of prosecutors in Texas have NEVER tried a death penalty case? It is used mostly in Harris, Travis and Tarrant county and almost never in other counties.
3.)The Incapacitation theory is off here as well. Maximum security prison for life w/o parole incapacitates fine. If you don't believe me, commit some serious felony and then try and escape. IT. WONT. WORK.
You can escape from County Jail and Grille---------- maximum security prison, lifer unit, good luck.
The death penalty has been losing to life w/o parole when the 2 are polled side by side for quite some time now.
4.)The 4th theory of punishment is rehabilitation, not in question when dealing with a capital murder. You're never re joining the rest of us.
Now, how about the fact that the appeals process, the maintenance of death row, a trained staff just to handle the execution process, combines to make death penalty cases much more expensive than life in prison. Counties have actually had to lay off cops to pay for capital trials.
This is not to say that U2387 does not think that there are some people that more than deserve to die for the crimes they commit. There are 2 or 3 I just pulled off the top of my head right now just in the Boston area, just in the last decade or so, who deserve it times infinity. But given the fact that it does not fit any theory of punishment at all? Given the fact that it is expensive and puts all the focus on the perpetrator and not the victim's good life? Given the fact that our system of justice, though very good, is run by flawed human beings and is capable of making mistakes and executing the wrong person? Given the fact that there are other ways of protecting society?
I can't go with it, and its more practical than moral with me. I have no sympathy for the humanity of a person who rapes and kills a 10 yr old kid. Of course, I know killing is wrong, and that it does not do anything to help our image as a nation(we're on a short list with Iran and China) or restore the victim's dignity. I do worry that we are wasting a whole lot of time, energy and money on a process that does not help the victims' families heal and especially, that we may execute the wrong guy. No turning back after that.
Being against the death penalty, I am often asked what I would do if a loved one of mine was murdered. I honestly don't know, never been there, hope to God never to have to be there. The closest I've come was a girl I met once who was murdered 3 weeks later. My best guess, as much as I wish this wasn't true, but I know myself and the temper I(on very rare occasions) have, is that I would find a way to shoot or strangle the bastard myself. Failing that, I wouldn't much care what the state did with him either way. I certainly wouldn't be clamoring for the death penalty, nor would I be at a vigil for him as they were executing him.
I know lethal injection can be painful when botched(which is apparently, often) and firing squad must not be too pleasant either. However, I think I would rather they die alone of a long, painful illness in a jail cell 25 or 30 years after anyone has heard their name uttered.