Student Essay on Financial and Justice Arguments against Capital Punishment

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Capital punishment Summary

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Financial and Justice Arguments against Capital Punishment

Summary: Capital punishment is not an effective way to deter criminals. It is a violation of basic human rights, is not cost-effective, and does not prevent murders.

Ask most people the question; is murder wrong and most would say yes. Ask most people the question; is capital punishment wrong and some would say yes yet some would disagree. Is it not the same act merely under different circumstances? Thus, the controversial issue of whether capital punishment should be reinstated within the Canadian government arises. Before reaching a decision, however, both sides of the argument must be considered. The pro-capital punishment side presents issues of effective deterrence and zero chance of recidivism, the expensive fee of imprisonment and outlines how murder is deserving of such a severe punishment. In contrast, the anti-capital punishment side addresses issues of how statistics reveal capital punishment to not act as a deterrent for homicides, how the correctional system is designed to protect the public and to rehabilitate the offender and how the cost of imprisoning offenders for life is cheaper than sentencing them to death. In addition, capital punishment must be evaluated as to whether it is suitable under the morals, which Canada now thrives upon in relation to the Canadian Charter of Rights and Freedoms. Ultimately, no one should decide who shall live or die. However, when an individual is deserving of such a penalty as capital punishment, the floodgates open for discussion.

As mentioned previously, the validity of capital punishment within the Canadian government is a profoundly controversial issue, which raises sound arguments on behalf of both sides. Often it is said that the supporters of capital punishment are thought to be heartless and ignorant in the sense that they are supporting something society rejects. Ironically, however, a more ignorant misconception cannot be made. These pro-capital punishment supporters base their opinions on sound theoretical beliefs to benefit society.

The fact that capital punishment involves the infliction of death qualifies it as an effective deterrent towards the occurrence of homicides. The mere thought of death, for most, is the greatest fear of all and therefore, it would make sense for people to avoid that consequence at any cost.

Secondly, when assessing a criminal's characteristics and past criminal record in order to reach an appropriate sentence upon conviction, the recidivism rate for that specific offence must be considered as well. After all society's worst fear is for a murderer to re-offend after serving their sentence. Therefore, the benefit of capital punishment is evident within the zero percent chance of recidivism. As a result, this would increase public safety and theoretically decrease the murder rate.

Thirdly, in today's society there is very little funding for anything provided by the government, which leaves most citizens wondering where their tax dollars are going. The answer lies within the annual cost of imprisoning criminals within our over-populated penitentiaries. It costs from $80 to $200 a day to imprison one inmate, which comes approximately $92,000 annually (Internet, Fact). On a national level the expense for maintaining Canadian prisons ranges from 1.5 to 2 billion dollars per year (Internet, Fact). Without a doubt had capital punishment been in place, the money spent on corrections could be put towards a more beneficial use, for example, within the education system. Canadian citizens must realize that it is time to invest in the future of our children and not in the faults of society.

Finally, the question of whatever happened to Hammurabi's "eye for an eye" principle arises. It is only suiting that such a despicable act, such as murder, be accompanied with an equally horrible consequence. There are a very select few people who have within them an instinct allowing them to kill; these people have no place in society and therefore, should be removed indefinitely.

Contrary to pro-capital punishment supporters, the opposition of anti-capital punishment believers have avoided the simple tactic of disagreeing with supporters of the penalty. Instead, they have taken their argument to the next level. Anti-capital punishment supporters have taken it upon themselves to conduct studies proving that in the past, capital punishment has not impacted society the way it was designed to and in fact capital punishment remains a non-factor in the deterrence of homicides. One would imagine that the thought of losing a life would place a fear unlike any other within a person, however, that is not the case. Though theoretically it makes sense the following chart providing the ratio of the number of executions to the national murder rate within the United States proves otherwise.

CAPITAL PUNISHMENT IS NOT A DETERRENT TO MURDER

Ratio of Executions to the National Murder Rate: 1976-1995

YEAR # OF EXECUTIONSNATIONAL MURDER RATE

08.8
18.8
09
29.7
010.2
19.8
29.1
58.3
217.9
187.9
188.6
258.3
118.3
168.7
239.4
149.8
319.3
389.5
319
568

(Internet, Increase)

As demonstrated within the chart it is evident that regardless of the number of executions the murder rate remains rather unaffected. In fact, "the average homicide rate in the 13 states without the death penalty is lower than the average homicide rate in the 37 states where it is legal" (Internet, Capital). Thus, reiterating the fact that capital punishment has slim to no affect on the deterrence of murders.

Secondly, the idea of sentencing for rehabilitation and public safety must be emphasized. It is wrong to convict a person of such a horrific offence such as murder without looking at the potential reasons as to why the person committed the act. People are not born wanting to kill, they are either taught or they kill as a result of past traumatic experiences. Therefore, Canadian citizens must come to the realization that to sentence these offenders to capital punishment would only be to turn our backs on them; like everyone else in their lives. Instead of sentencing for revenge, the Canadian public must sentence these offenders for the purpose of protecting society until appropriate rehabilitation can be assessed.

Thirdly, a common misconception utilized by pro-capital supporters surrounds the cost of imprisoning offenders for life and that it exceeds the cost to execute a convicted offender. However, the following bullets taken from various American newspapers and news stations reveal otherwise:

*In New York each death penalty trial costs $1.4 million compared

with $602,000 for life imprisonment. The cost of imposing the death penalty in New York State has been estimated to be $3 million for each case.

In Florida the cost of each execution was estimated to be $3.2 million, about 6 times the amount needed to incarcerate a convicted murderer for life. From 1973 to 1988 Florida spent $57 million on the death penalty.
The Judiciary Committee of the Nebraska legislature reported that any savings from executions re outweighed by the legal costs of a death penalty case. The report concluded that death penalty does not serve the best interests of Nebraskans.
In Texas the cost of capital punishment is estimated to be $2.3 million per death sentence, three times the cost of imprisoning someone at the highest possible security level, in a single prisoner cell for 40 years.

(Internet, Cost)

It can be concluded rather than sentencing the offender to death, the government could reinstate alternative measure programs such as chain gangs as punishment. This way, society would become the beneficiary and the prisoners would spend the rest of their natural lives serving the country they wronged. Capital punishment is not the effective method of retribution as it was once thought to be.

The application of capital punishment within the Canadian penal system is, yet, another topic of discussion. In the past, through the association with Britain, Canada adopted capital punishment and carried it within the Canadian Criminal Code until 1976, revealing how long it has taken the Canadian legal system to evolve (Internet History). It was not until 1998 that the Canadian National Defence Act abolished the death penalty in exchange for the life imprisonment sentence with no parole eligibility for 25 years, corresponding with Canadian civil law (Internet History). Thus, revealing that Canadian law with reference to this issue is always changing. In the recent past Canada has defined itself, internationally, as a peace keeping nation and the abolition of capital punishment makes their plea for world peace significantly stronger. As a well-respected nation, Canada demonstrates the effectiveness of a refined punishment for murder opposed to the savage like qualities associated with capital punishment. The question of whether the government should have the right to kill arises. Indeed, it should not due to the fact that Canadians realize that the judicial system is not flawless; mistakes can and will be made. Therefore, to incorporate the sentence of capital punishment and the finality involved with it into a less than perfect system would be absurd. The death penalty is irreversible and innocent people, deprived of justice may be wrongfully convicted. In addition, the Canadian legal system consists of a collection of basic legal principles, all of which are derived from the Canadian Charter of Rights and Freedoms. It is the responsibility of this statute to ensure our safety, as Canadian citizens, from the government. In doing so, the Canadian Charter of Rights and Freedoms outlines specifically what the government cannot impose upon us with relation to capital punishment:

7. Everyone has the right to life, liberty and security of the person and

the right not to be deprived thereof except in accordance with the

principles of fundamental justice.

12.Everyone has the right not to be subjected to any cruel and unusual

treatment or punishment. (Dickinson, 743-744)

As outlined in the previous Charter subsections, the government does not have the right to end one's life and they do not have the right to impose an act upon someone that would lead to their death such as capital punishment; for that would violate the Charter. Therefore, if Canada should reinstate capital punishment within the Canadian government the Canadian Charter of Rights and Freedoms would have to be revised, which would be a lengthy process accomplishing very little. Thus, it is concluded that the addition of capital punishment into the Canadian government would contradict, entirely, with subsections of the Canadian Charter of Rights and Freedoms and the morals, which this country now stands for.

In closing, though theoretically a sound principle to punish murderers, capital punishment has yet to prove itself beneficial to society. Not only do statistics work against the death penalty, they reveal it to have a slight negative affect on society. We, as Canadians, should be proud of our refined system of government for entirely abolishing capital punishment and recognizing the evil it possesses. The trust towards one's government is a direct reflection of the wise decisions that government makes. Therefore, the government of Canada is deserving of the up most respect and the fullest of confidence from its citizens. Ultimately, Canada has recognized, where others have not, that the demand for capital punishment stems from raw emotion and revenge, two principles that are very dangerous in law when weighed too heavily. In a nation striving for peace capital punishment ceases to exist.

By: Brad Doig

Works Cited Page

Bedau, Hugo Adam. "The Case Against The Death Penalty."

http://archive.aclu.org/library/case_against_death.html#deterrent (December14,

2003).

* Dickinson, Gregory., et al. Understanding The Law Second edition. Toronto:

McGraw-Hill Ryerson Limited, 1996.

"Fact Sheet: Alternatives to Incarceration." http://www.web.apc.org/~kpate/facts1_e.htm

(December 14, 2003).

Fox, Katie Lynn. "Capital Punishment." http://papercamp.com/soc61.htm (December 14,

2003).

Munroe, Susan. "History of Capital Punishment in Canada."