Do we need the death penalty?It is just and right There is nothing quite like hanging out with your best friend. Jenny Ertman, 14, and Elizabeth Pena,16,shared their hopes and dreams with each other. Like millions of other teenagers, they liked to have fun, to laugh and smile. One summer evening in Houston, Texas, they shared their last moments on earth together-their own murders. They wer e late returning home and took a shortcut through the woods, next to some railroad tracks. They ran into a gang initiation. They were both raped: orally, anally, and vaginally. The gang members laughed about the virgin blood they spilled. When they had finished, they beat and strangled the girls. But jenny and Elizabeth wouldn’t die. With all their strength, with their souls still holding on to the beautiful lives before them, they fought for life.The gang worked harder. The girls were strangled with belts and shoelaces, stomped on and beaten. Their dreams disappeared as life seeped away from their broken bodies.Their parents are left to visit empty rooms, to cry upon the beds of their daughters and think what could have been. How beautiful Elizabeth would have been in her prom dress. Her corsage was replaced by the flowers on her grave.And jenny’s future children, would their grandparents have spoiled them? You know the answer. The immutable joy of grandchildren’s laughter was silenced by the cruel selfishness of murder.Why the Death PenaltySometimes, the death penalty is simply the most appropriate punishment for the vile crime committed. In such cases, jurors are given the choice between a death sentence and a variety of life sentences, depending upon the jurisdiction. It is never easy for juries to give a death sentence. Neither hatred nor revenge is part of their deliberations. The search for justice determines the punishment. The murder of the innocent is undeserved. The punishment of murderers has been earned by the pain and suffering they have imposed on their victims. Execution cannot truly represent justice, because there is no recompense to balance the weight of murder. For some crimes, it represents the only just punishment available on earth. Today, much more than justice is part of the death penalty discussion. Opponents are relentlessly attacking the penalty process itself. They insist that it is so fraught with error and caprice that it should be abandoned. At the very least, they say, America should impose a national moratorium so the system can be reviewed. The leading salvo in those claims is that 101 innocent people have been released from death row with evidence of their innocence. The number is a fraud. Unfortunately, both the international media and, most predictably, the U.S. media have swallowed such claims and passed them along to the public. Even many of our elected officials in Washington have blindly accepted those numbers. Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, has said: "What we know is that nearly 100 innocent people have been released from death row since 1973." The source for these claims is the Death Penalty Information Center (DPIC), the leading source of anti death penalty material in the United States. Richard Dieter, head of the DPIC, has admitted, in the June 6, 2000, ABA Journal, that his group makes no distinction between the legally innocent ("I got off death row because of legal error") and the actually innocent ("I had no connection to the murder") cases. Although the DPIC has attempted to revise its standards for establishing innocence, none of the various contortions even suggests actual innocence. As everyone knows, the debate is about the actually innocent. To strengthen their case, death penalty opponents have broadened their "innocent" count by cases that don't merit that description. On June 20, for example, the Florida Commission on Capital Cases released its review of 23 death sentence cases that the DPIC had called into question. Its conclusion was that in only 4 of those cases were there doubts as to guilt. Though the DPIC claims that 101 cases were released from death row with evidence of innocence, the actual number is closer to 30. That is 30 cases out of 7,000 sentenced to death since 1973. It appears that the death penalty may well be this country's most accurate criminal sanction, when taking into account the percentage of actual innocent convicted (0.4 percent) and the thoroughness of preventing those allegedly innocent from being executed (100 percent). Of all the world's social and governmental institutions that put innocents at risk, I can find only one, the U.S. death penalty, that has no proof of an innocent killed since 1900. Can you think of another?Saving Innocent LivesTwo other factors weigh into the innocence consideration. First, the death penalty remains the most secure form of incapacitation, meaning that executed murderers do not harm and murder again. Living murderers do, quite often. This is unchallenged. Second, although the deterrent effect of capital punishment has been unjustifiably maligned, the evidence is overwhelming that the potential for negative consequences deters or alters behavior. History and the social sciences fully support that finding. Three major studies were released in 2001, all finding for the deterrent effect of the death penalty. One, out of Emory University, finds that "each execution results, on average, in 18 fewer murders--with a margin of error of plus or minus 10." Another, out of the University of Houston, found that a temporary halt to executions in Texas resulted in an additional 90--150 murders, because of the reduction in deterrence. One author, Professor C. Robert Cloninger, states: "[Our] recent study is but another of a growing list of empirical work that finds evidence consistent with the deterrent hypothesis. It is the cumulative effect of these studies that causes any neutral observer to pause." Death penalty opponents want us to believe that the most severe criminal sanction--execution--deters no one. However, if reason is your guide and you remain unsure of deterrence, you are left with the following consideration. If the death penalty does deter, halting executions will cause more innocents to be slaughtered by giving murderers an additional opportunity to harm and murder again. If the death penalty does not deter, executions will punish murderers as the jury deems appropriate, preventing them from harming any more victims. Clearly, ending or reducing executions will put many more innocents at risk. Another major factor in the debate was introduced in a study headed by James Liebman, a professor at Columbia University Law School. A Broken System: Error Rates in Capital Cases revealed that there was a 68 percent reversal rate in death penalty cases from 1973 to 1995. The error rate within that study has not been publicly discussed. Professors Barry Latzer and James Cauthen of John Jay College of Criminal Justice found a 25 percent error within the study's calculations, bringing the reversal rate down to 52 percent. Unfortunately, they had to accept the accuracy of Liebman's assessments, because he refused to release his database. Case reviews in Florida, New Jersey, Utah, and Nevada have provided specific cause to challenge his data. Florida challenges any assessment of error in 33 percent of the cases identified by Liebman, suggesting that the national "error" rate may be closer to 35 percent. But even that number is suspect. The Supreme Court has stated that the death penalty system receives super due process. This means that the courts are extraordinarily generous in granting reversals in death penalty cases. In fact, the appellate courts are twice as likely to reverse the sentence in death penalty cases as they are the conviction. Traditionally, death penalty opponents have stated that racism and poverty determine who receives the death penalty. Those arguments persist. What they fail to reveal is that white murderers are twice as likely to be executed as black murderers and are executed 12 months faster. Some claim that the race of the victim determines the sentence. While those who murder whites dominate death row, it is also true that, overwhelmingly, whites are the victims in robberies, rapes, burglaries, and car-jackings, which make up the majority of death penalty crimes. No one disputes that the wealthy have an advantage in avoiding a death sentence. The United States executes about 0.1 percent of its murderers. Is there any evidence that it is less likely to execute the wealthier ones, based on the ratio of wealthier to poorer capital murderers? Surprisingly, no.The Justice FactorThis brings me back to where I started: justice. Some say that executions show a contempt for human life, but the opposite is true. We would hope that a brutal rape may result in a life sentence. Why? We value freedom so highly that we take freedom away as punishment. If freedom were not valued, taking it away would be no sanction. Life is considered even more precious. Therefore, the death penalty is considered the severest sanction for the most horrible of crimes. Even murderers tell us that they value life (their own) more than freedom. That is why over 99 percent of convicted capital murderers seek a life sentence, not a death sentence, during the punishment phase of their trials.
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