I was summoned for jury duty some years ago, and during voir dire, the attorney asked me whether I could obey the judge's instructions. I answered, "It all depends upon what those instructions are." Irritatingly, the judge asked me to explain myself. I explained that if I were on a jury back in the 1850s, and a person was on trial for violating the Fugitive Slave Act by assisting a runaway slave, I would vote for acquittal regardless of the judge's instructions. The reason is that slavery is unjust and any law supporting it is unjust. Needless to say, I was dismissed from jury duty.

Walter Williams, 11 July 2007

Monday, October 29, 2007

Lethal Injection as the Solution

Capital punishment has been practiced in the United States for years. It serves as punishment for the most serious crimes committed; so, it follows that the methods employed in order to punish these sometimes-dangerous criminals must fit the crime committed; however, who has the responsibility of deciding whether or not the methods used in order to punish these criminals are humane? We do. Should committing a crime deprive a person from his or her basic rights and liberties? Of course not. Does torturing a person in a gas chamber truly teach them a lesson about the crime they have committed? Not necessarily. Are these criminals excluded from the constitutional protection against “cruel and unusual punishment?” Definetly not!
Keeping these questions in mind, the debate over whether or not the methods of execution involve the failure to adhere to the constitutional protection against “cruel and unusual punishment” will continue as long as the death penalty is used as punishment for crime. In Furman v. Georgia, the court ruled that the death penalty was “cruel and unusual punishment; however, in the ruling of Gregg v. Georgia, the Supreme Court overturned its previous decision and declared that the death penalty does not constitute “cruel and unusual punishment." Clearly, even the US Supreme Court has wavered on the issue of whether or not the death penalty itself is humane; therefore, it logically follows that the methods used for executions have also been constantly questioned. So, what measures must be taken in order to terminate this debate? The termination of the death penalty as punishment seems to provide one possible solution; however, his would require a drastic transformation in the US judicial system. This would then create the problem of how the most serious legal offenses should be punished.
I personally feel that though this problem has no straightforward solution, measures should be taken in order to make the death penalty as humane as possible. Compared to methods such as gas chambers and electric chairs, lethal injection provides a slightly more humane method of killing. Each state, at this point, sets its own standards as far as who receives the death penalty, and it is left upon each state to determine which method they will use. I feel like as far as the ethical aspects of capital punishment are concerned, lethal injection provides the best solution to this debate. Though this would be the ideal solution, I do not see this solution actually being put into practice. Debating the issue of the humaneness of the methods of execution used in the United States is an issue that requires us to first deal with other issues closely correlated with it such as the inherent bias present in the conviction of criminals to the death penalty in the first place.

1 comment:

Kelly said...

This is an interesting question, but I hardly see it as being a debate. To me, lethal injection is as humanely administered as possible, and I don't see the point in arguing against the death penalty. The transition of methods of execution over the years is very significant, and I don't think there should be any more questions about the way the death penalty is given. Given the crimes these criminals have committed in order to receive the death penalty in the first place, I think the fact that they receive a wonderful meal, have complete support, and are put to sleep before death is sufficient enough to be humane treatment, and is not necessarily the treatment they deserve. I think people should realize that even though lethal injection is not used 100% of the time, the few other options in use are still an improvement from the past, and they are nothing like what the victims had to go through.