Summary:
Argues against the use of the death penalty in Australia. Gives a history of capital punishment in Australia. Explores reasons why it should not be instituted.
Australia, as well as many other countries, has abolished capital punishment. In fact, the last person to be executed in Australia was Ronald Joseph Ryan, who was hung at Pentridge Prison, Victoria, in 1967. Since the abolition of the death penalty in Australia, in 1973, there has not been a significant rise in the rates of homicide and murder. The past, present and future potential for human error could well mean that victims of the death penalty may be proven innocent at a later date when it is too late to reverse or shorten the sentence. The proven fact is that the majority of murderers who have served life imprisonment do not re-offend. Unfortunately, people who are sentenced to death are often victims of discrimination or political influence. Therefore, the death penalty is riddled with problems and has a hugely detrimental effect upon society.
Most western countries have abolished the death penalty from their legal system. This has restored dignity, humanity and respect for human lives to their modern society. The taking of a person's life is an act of barbarism and any country which is still using the death penalty is lowering itself to the level of the criminal. Not only does the death penalty bring the offender's life to a miserable end, it also shakes the tone of the community and devastates the loved ones of the victim. Using the death penalty to punish a murderer is hypocritical. The state is condemning the murderer for taking a life and proceeds to take another life. It is not right to pay people to commit murder in the name of the law; it is making the state as reprehensible as the criminal.
Is the use of capital punishment a deterrent to would be murderers? Psychologists suggest that more often than not murderers are spur of the moment, violently emotional acts and are not usually planned or plotted (Cooper, 1996, page 31). Statistics in Australia reveal that since the abolition of the death penalty, homicide rates have stayed consistent with the growth of the population (Cooper, 1996, page 15). There has been no increase in murder rates per head of population. This is unequivocal proof that the death penalty is not a deterrent and has no effect on the potential murderer.
The way in which poor and ethnic people are disadvantaged by the death penalty could be described as discriminatory. It's a well known fact that the wealthy and privileged never get executed. This is because they have access to the best legal defence, wield more political power and are able to manipulate the media to their own advantage. The impoverished and ethnic groups such as the African Americans and the Hispanics can't afford the best legal defence or endless appeals. Juries are more likely to view with favour a well dressed, well educated, well connected, employed white person compared to an impoverished member of a minority group. A tattooed, body pierced, roughly dressed, roughly spoken 'thug', is more likely to be given the death penalty than a well groomed, well dressed and well spoken person.
In the United Kingdom, ethnic minorities make up just five percent of the male population but approximately fifteen percent of male prisoners are from ethnic minorities (Cooper,1996, page 28). Even though black people make up only twelve percent of the population in the USA, in 1993, forty percent of the prisoners on death row were black (Cooper, 1996, page 29) . The stereotype of black criminals causes many more black people to be arrested than white people. It is not that black people are more likely to commit crimes, but they are more likely to be arrested. It seems that at every stage between arrest and punishment, who you are and what you look like can be as important as what you've done.
Researchers estimate that at least 350 people have been wrongly convicted of murder in the USA since 1900 (Cooper, 1996, page 31). Throughout history the human race has made mistakes and will continue to as time progresses. For this reason alone, the reintroduction of the death penalty cannot be allowed. If people from ethnic minorities are frequently being arrested and convicted of crimes they didn't commit, there needs to be time for things such as the re-opening of cases, confessions or new evidence to be examined just in case the accused is found to be innocent. Executing criminals is too great of a risk to take because of the possibility of their innocence and wrongful conviction. It is impossible to erase the punishment when a criminal is sentenced to death, the damages are irreparable.
The decision to use the death penalty as the capital punishment by politicians is partially a response to public pressure. The impression of the crime taken by the public plays a large part in the pressure put upon the politicians by the public. Roger Graef from the National Association for the Care and Resettlement of Offenders once wrote, "The broadsheets report about three times the actual proportion of violent crime and the tabloids about ten times. The picture of the world that one gets from crime news is that it is a very violent place. Inflated perceptions of the level of violence creates pressures for something to be done."(Cooper, 1996, page 31) The fear that the media position their audiences to feel creates pressure for security and justice when, in fact, the situation isn't nearly as bad as it is portrayed to be. This pressure is put on all politicians to pass a bill for the reintroduction of the death penalty or, (in countries such as the U.S. which practise the death penalty) to urge Judges to sentence more people to be executed as a result of an exaggeration of the prevalence of crime by the media.
The traditional cliché from the bible "an eye for an eye" is still referred to today in debates about the death penalty. Not only was this from a very poor, primitive, gullible and uncivilised society but it was supposedly written approximately 2000 years ago. Surveys show that people think half of all crime is violent crime, but only around six percent of crimes notified to the police in England and Wales are crimes of violence. In the USA, violent crime makes up approximately fourteen percent of the total crimes recorded. People who commit crimes must be punished and the punishment should fit the crime and life in prison, without parole, fits the crime of a murder very well. To kill a killer is as nonsensical as robbing thieves, raping rapists or burning an arsonist.
Capital Punishment is an inhumane, barbaric, fault ridden and ineffective method by which to punish criminals. It is a sad indictment of our society if we should stoop to the level of a criminal and legally commit murder. Too often, criminals who are victims of discrimination, media and political influences or inadequate legal representation are wrongly convicted. Amends cannot be made if the death penalty is carried out. Finally, there is no evidence that the death penalty is an effective deterrent. Hopefully, society has evolved to a higher level than to stoop to using the same barbaric punishment as in the past. Such a flawed and cruel punishment should never be used.
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