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Who Died and Made YOU God?
Posted On:Jun 26, 2008
I invite you to consider a letter from a group called the California Commission on the Fair Administration of Justice (http://deathpenalty.org/article.php?id=125).
It is a group made up of current and former law and law-enforcement folks and it raises some interesting points. While they talk specifically about the California death penalty, the same reasoning can be applied to any state’s d-p.
In part, they write “A trial seeking life without parole is far speedier than a death penalty case and costs far less. By pursuing life without parole sentences instead of death, resources now spent on the death penalty prosecutions and appeals could be used to investigate unsolved homicides, modernize crime labs, and expand effective violence prevention programs.”
Good logic, I think.
Then, of course, there is the bottom line that when life and death are at stake, there is no margin for error.
Enough opinion – let’s look at some facts; specifically the effectiveness of the death penalty as a deterrent to crime. I went to deathpenaltyinfo.org – a non-profit non-biased gathering of information. Take a look at the chart at this link – it’ll just take a second:
http://deathpenaltyinfo.org/article.php?scid=12&did=168#stateswithvwithout
It’s obvious that the death penalty is NOT preventing murder, When the states that HAVE the death penalty have consistently higher murder rates, there’s no arguing it.
Which leaves us with one thing to consider – justice. Is that what the death penalty is about? Delivering justice? It isn’t about deterrence, it isn’t about saving money, it isn’t about protecting society (life without parole would do that) - so what else is left?
And if justice is the goal, my question to you is –
who died and made US God?
Posted by Jody Lee Back to the blog »
Reader Reactions
Posted by ( beeman ) on June 30, 2008 at 7:02 am
It�s obvious that the death penalty is preventing murder, When the states that HAVE the death penalty have consistently higher murder rates, there�s no arguing it.
I think that must be a typo, stating that the death penalty is preventing murder, should be is not. Or maybe I just missed it. Just a note of clarification.
Posted by ( Jody Lee ) on June 30, 2008 at 2:47 pm
Okay, wait.
The states that HAVE the death penalty have consistently HIGHER murder rates. So even though they kill the killers, more people are killing in those states.
So the death penalty is NOT helping to prevent murder. Which is contrary to what you state in your first paragraph. On the other hand, you are correct about the typo, which I am correcting right now - it should have been “is not preventing murder”.
Wow. I think I just confused myself. Are you with me now? Was your first comment misstated?
Eek,
Jody
Posted by ( beeman ) on June 30, 2008 at 3:41 pm
That first paragraph was a cut and paste of your blog. I just started with it because I thought you had said is when you meant is not. I just figured you said one thing meaning another, because yes, it has long been known that higher murder rates are in states with the death penalty.
In other words, I was simply trying to correct your post to what I thought you meant to type, not what did get typed.
No problem.
Posted by ( Ricky A.W. Curtis ) on July 01, 2008 at 11:00 am
Jody,
The statistics that you cite with regard to deterrance are fundamentally flawed for a couple of reasons. First, while some states technically “have the death penalty”, the fact is that many of those states do not ever exercise it. For instance, NY law permits the death penalty, but NY has not executed anyone since 1963. In order to even begin to determine whether or not the death penalty is an effective deterrent, the possibility of it actually being carried out must exist.
In addition, these type of crime statistics are always circular. The states with the highest crime rates, like LA, are prone to enact the strongest criminal sanctions like the death penalty. So, the statistics as listed can’t tell us anything about deterrence standing alone. In order to be worthwhile, they would have to show an individual state’s homicide rate before and after the enactment of capital punishment laws, taking into account population shifts, etc.
These type of statistics were similarly manipulated in the recent Heller case before the Supreme Court. D.C. ban proponents argued that the ban reduced homicide rates for 9 years after the ban was enacted. In reality, D.C. population dropped during those 9 years, so while the # of murders dropped, the actual per capita rate increased.
The death penalty also has a “trickle down” effect on other cases which does not show up in any of the statistics you cite. Just a few weeks ago in Sullivan County, an inmate pled guilty and received a life in prison, without parole, sentence. The only way he pleads to that sentence is if the possibility of the death penalty exists. If we take the death penalty off the table, plea bargians suddently get lower, becuase the high point for negotiations drops. In this case, the State, without the death penalty, the State could only have offered life in prison without parole, and the plea might have been life in prison with the possibility of parole.
Finally, one does not have to be God to administer the ultimate punishment. Society has determined that a special few deserve that fate, and for so long as society has an interest in serving the ends of justice, I, for one, believe it is a remedy which should be available.
Ricky A.W. Curtis
Posted by ( D.Hutch ) on July 08, 2008 at 5:54 pm
Jody,
I thought when you posted this blog june 26th that you would be flooded with responces. The pros and cons concerning wheather or not it is morally, bibically or legal to put someone to death by a state for commiting a violent crime or crimes against society is as debatable and opinionated as Roe vs. Wade. Today I logged in and found only 4 comments. Wonder why?
I for one support the death penalty for various reasons, one being cost. I disagree with the findings that say it cost less to house a lifer than put them to death. I read from the two web sites you mentioned and then searched the web for sites that showed just as many examples where the cost was reversed.
One of the many reasons for such astronomical cost on both sides of the topic is because most of the very expensive cases go to trial on circumstantial evidents. Those death penalty cases where there is no dought of guilt, backed by hard core undenialable,DNA supported evidents take much less time to prosecute in court. Those types of cases are the ones where the death penalty should apply anyway. It is my belief that if the prosecutor has only circumstantial evidents, then life with out parol should be the only course of justice that he or she should be allowed to be persued.
Posted by ( Jody Lee ) on July 09, 2008 at 7:58 am
D. Hutch - I, too, predicted a bigger response to this touchy issue, but so many factors go into determining response rate that it is almost impossible to predict. I just throw it out there and see if anyone bites, choosing the issues that I personally am interested in pursuing. I am, however, always open to suggestion.
In the meantime, the cost is the least of my concerns personally when it comes to the death penalty issue. I am opposed to it on what are for me moral grounds. I miiiiiight rethink my position (big maybe) if it worked as a deterrent to violent crime but since it doesn’t, it is moot.
Jody