Before investigating the flaws of the American justice system, I was rather clueless on the issue. Sure I was aware that such cases as Atkins v. VA and Roper v. Simmons had outlawed the execution of the mentally ill and juveniles, but I was not aware of the ways in which the sentencing of capital punishment is determined and the ways in which it is applied arbitrarily. I also found new, interesting evidence of cases where before the death penalty was outlawed for the mentally retarded, the mentally disabled were given unfair trials that made them vulnerable to falsely confessing to crimes due to misrepresentation by their lawyers. In the case of Mario Marquez, who was executed in Texas in 1995 with an IQ of 65, his lawyer did not present the state of his mental retardation; therefore, the counsel found him guilty.
In my theory post, I investigated the arbitrary application of the death penalty in terms of the Eighth Amendment, as well as factors such as race, geography, representation, and gender. Due to this variance in procedure, I proposed a uniform system that applied to all citizens equally. Now, after my research, I realize that it would be difficult to develop a system that pleased and appropriately-fit all parties involved. For my implications post, I believed the future consequences of continuing to practice such inconsistency in capital punishment would lead to the unfair deaths of many more people, as well as a never-ending debate on the issue of capital punishment. I feared that the United States’ usage would prevent other countries, such as those involved in the European Union, from allying with the U.S. The fact that the United States, a country who others turn to for guidance, continues to practice an inhumane form of punishment scared me, due to the fact that other counties may try to model themselves according to our disciplines; therefore, broadening the use of capital punishment. Through my research, however, I realized that because the United States is a leading country, countries will continue to support us despite our usage of capital punishment.
As I researched further and began my analysis posting, I found that the Atkins v. VA case left the execution of the mentally retarded in the hands of each individual state. Each state has its own qualifications to determine as to what constitutes being mentally retarded, which includes setting a consistent IQ score. Because of this, the interpretation varies from state which leaves mentally disabled more at risk of being executed in some states than others. I also researched and found that there are many opposing views on whether or not mental retardation should be determined pre-trial of post-trial. Before conducting this investigation, I had no idea that such a multitude of factors were involved with determining mental capacity, which ultimately dictates whether or not one receives the death penalty. At the beginning of my exposition, I believed the total abolition of the death penalty was the best policy because it varies differently based on such factors as race, gender, and geography. After progressing in my research, I definitely still agree that execution of the mentally retarded and juveniles violates the cruel and unusual punishment principle in the Eighth Amendment. Additionally, I think that if the Eighth Amendment applies to certain factions of American citizens, it should apply to all. I am also still steadfast in my belief that capital punishment needs to be abolished. I do not think it is fair that such variance among states should determine whether or not one lives or dies. After researching, however, I have come to understand both sides of the death penalty argument more equally, and I realize that both sides of the debate are well-supported. After becoming more knowledgeable about the issue, it seems that in cases which involve the mentally retarded, pre-trial determination is only fitting because it provides a less-trying trial on those who are personally involved in the case.
As a result of this project, I feel that I have become better informed on the issue of capital punishment and can now argue my previous view from a much stronger background due to sufficient amount of evidence I have encountered. I do not think I would qualify myself as an expert on the topic concerning the way in which our justice system deals with the mentally retarded, but I think I definitely have the authority to take a well-educated stance on the issue. I feel as if this project has caused me to grow as a thinker in the ways that it forced me to take an unbiased position and examine all sides of the situation. As I progressed in the project and began to gather more research, I found that it was easier to narrow down my focus of the topic. This project has taught me many new aspects of the art of argumentation. When participating in debate, I found that you need to be open-minded to the opinions of others as well as being well-researched on your own beliefs. Not only did I learn about arguing through my postings, but I also gained knowledge through my responses to the posts of others. I found that it was useful to others and to me to ask questions as I posted to help clarify my thoughts and present my point of view. By examining the flaws in the justice system, it made me realize that while America may be founded on the principles of equality and democracy, no institution is perfect.
3 comments:
Your postings have been very persuasive. You attacked capital punishment from all sides, and made a great point in making it uniform. I have learned the same thing from analyzing racism in juries. Justice is subjective, and if we let states determine what is 'mentally retarded' we lose the equality our government attempted to establish. It's like you said if we don't make a uniform system we should just get rid of it completely just for the sake of eliminating the risk of both inequality and killing innocent people.
All of your references go to asnti death penalty sites. As you can imagine, that is a real problem.
I hope this will begin your efforts to explore, in a more balanced fashion.
The Death Penalty in the US: A Review
Dudley Sharp, Justice Matters, contact info below
NOTE: Detailed review of any of the below topics, or others, is available upon request
In this brief format, the reality of the death penalty in the United States, is presented, with the hope that the media, public policy makers and others will make an effort to present a balanced view on this sanction.
Innocence Issues
Death Penalty opponents have proclaimed that 124 inmates have been "released from death row with evidence of their innocence", in the US, since the modern death penalty era began, post Furman v Georgia (1972).
That number is a fraud.
Those opponents have intentionally included both the factually innocent (the "I truly had nothing to do with the murder" cases) and the legally innocent (the "I got off because of legal errors" cases), thereby fraudulently raising the "innocent" numbers.
Death penalty opponents claim that 24 such innocence cases are in Florida. The Florida Commission on Capital Cases found that 4 of those 24 MIGHT be innocent -- an 83% error rate in death penalty opponents claims. If that error rate is consistent, nationally, that would indicate that 21 of the alleged 124 innocents MIGHT be actually innocent -- a 0.3% actual guilt error rate for the 7800 sentenced to death since 1973.
It is often claimed that 23 innocents have been executed in the US since 1900. Nonsense. Even the authors of that "23 innocents executed" study proclaimed "We agree with our critics, we never proved those (23) executed to be innocent; we never claimed that we had." While no one would claim that an innocent has never been executed, there is no proof of an innocent executed in the US, at least since 1900.
No one disputes that innocents are found guilty, within all countries. However, when scrutinizing death penalty opponents claims, we find that when reviewing the accuracy of verdicts and the post conviction thoroughness of discovering those actually innocent incarcerated, that the US death penalty process may be the most accurate criminal justice sanction in the world. Under real world scenarios, not executing murderers will always put many more innocents at risk, than will ever be put at risk of execution.
Deterrence Issues
16 recent US studies, inclusive of strong defenses of the studies, find a deterrent effect of the death penalty.
All the studies which have not found a deterrent effect of the death penalty have refused to say that it does not deter some. The studies finding for deterrence state such. Confusion arises when people think that a simple comparison of murder rates and executions, or the lack thereof, can tell the tale of deterrence. It cannot.
Both high and low murder rates are found within death penalty and non death penalty jurisdictions, be it Singapore, South Africa, Sweden or Japan, or the US states of Michigan and Delaware. Many factors are involved in such evaluations. Reason and common sense tell us that it would be remarkable to find that the most severe criminal sanction -- execution -- deterred none. No one is foolish enough to suggest that the potential for negative consequences does not deter the behavior of some. Therefore, regardless of jurisdiction, having the death penalty will always be an added deterrent to murders, over and above any lesser punishments.
Racial issues
White murderers are twice as likely to be executed in the US as are black murderers and are executed, on average, 12 months more quickly than are black death row inmates.
It is often stated that it is the race of the victim which decides who is prosecuted in death penalty cases. Although blacks and whites make up about an equal number of murder victims, capital cases are 6 times more likely to involve white victim murders than black victim murders. This, so the logic goes, is proof that the US only cares about white victims.
Hardly. Only capital murders, not all murders, are subject to a capital indictment. Generally, a capital murder is limited to murders plus secondary aggravating factors, such as murders involving burglary, carjacking, rape, and additional murders, such as police murders, serial and multiple murders. White victims are, overwhelmingly, the victims under those circumstances, in ratios nearly identical to the cases found on death row.
Any other racial combinations of defendants and/or their victims in death penalty cases, is a reflection of the crimes committed and not any racial bias within the system, as confirmed by studies from the Rand Corporation (1991), Smith College (1994), U of Maryland (2002), New Jersey Supreme Court (2003) and by a view of criminal justice statistics, within a framework of the secondary aggravating factors necessary for capital indictments.
Class issues
No one disputes that wealthier defendants can hire better lawyers and, therefore, should have a legal advantage over their poorer counterparts. The US has executed about 0.15% of all murderers since new death penalty statutes were enacted in 1973. Is there evidence that wealthier capital murderers are less likely to be executed than their poorer ilk, based upon the proportion of capital murders committed by different those different economic groups?
Arbitrary and capricious
About 10% of all murders within the US might qualify for a death penalty eligible trial. That would be about 60,000 murders since 1973. We have sentenced 7800 murderers to death since then, or 13% of those eligible. I doubt that there is any other crime which receives a higher percentage of maximum sentences, when mandatory sentences are not available. Based upon that, as well as pre trial, trial, appellate and clemency/commutation realities, the US death penalty is likely the least arbitrary and capricious criminal sanctions in the world.
Christianity and the death penalty
The two most authoritative New Testament scholars, Saints Augustine and Aquinas, provide substantial biblical and theological support for the death penalty. Even the most well known anti death penalty personality in the US, Sister Helen Prejean, author of Dead Man Walking, states that "It is abundantly clear that the Bible depicts murder as a capital crime for which death is considered the appropriate punishment, and one is hard pressed to find a biblical 'proof text' in either the Hebrew Testament or the New Testament which unequivocally refutes this. Even Jesus' admonition 'Let him without sin cast the first stone,' when He was asked the appropriate punishment for an adulteress (John 8:7) -- the Mosaic Law prescribed death -- should be read in its proper context. This passage is an 'entrapment' story, which sought to show Jesus' wisdom in besting His adversaries. It is not an ethical pronouncement about capital punishment." A thorough review of Pope John Paul II's current position, reflects a reasoning that should be recommending more executions.
Cost Issues
All studies finding the death penalty to be more expensive than life without parole exclude important factors, such as (1) geriatric care costs, recently found to be $69,0000/yr/inmate, (2) the death penalty cost benefit of providing for plea bargains to a maximum life sentence, a huge cost savings to the state, (3) the death penalty cost benefit of both enhanced deterrence and enhanced incapacitation, at $5 million per innocent life spared, and, furthermore, (4) many of the alleged cost comparison studies are highly deceptive.
Polling data
76% of Americans find that we should impose the death penalty more or that we impose it about right (Gallup, May 2006 - 51% that we should impose it more, 25% that we impose it about right)
71% find capital punishment morally acceptable - that was the highest percentage answer for all questions (Gallup, April 2006, moral values poll).
81% of the American people supported the execution of Timothy McVeigh, with only 16% opposed. "(T)his view appears to be the consensus of all major groups in society, including men, women, whites, nonwhites, "liberals" and "conservatives." (Gallup 5/2/01).
85% of Connecticut citizens supported the execution of serial rapist/murderer Michael Ross (Jan 2005).
While 81% gave specific case support for Timothy McVeigh's execution, Gallup also showed a 65% support AT THE SAME TIME when asked a general "do you support capital punishment for murderers?" question. (Gallup, 6/10/01).
22% of those supporting McVeigh's execution are, generally, against the death penalty (Gallup 5/02/01). That means that about half of those who say they oppose the death penalty, with the general question, actually support the death penalty under specific circumstances, just as it is imposed, judicially.
Further supporting the higher rates for specific cases, is this, from the French daily Le Monde December 2006 (1): Percentage of respondents in favor of executing Saddam Hussein:USA: 82%; Great Britain: 69%; France: 58%; Germany: 53%; Spain: 51%; Italy: 46%
Death penalty support is much deeper and much wider than we are often led to believe, with 50% of those who say they, generally, oppose the death penalty actually supporting it under specific circumstances, resulting in 80% death penalty support in the US, as recently as December 2006.
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Whatever your feelings are toward the death penalty, a fair accounting of how it is applied should be demanded.
copyright 1998-2007 Dudley Sharp
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-Span, FOX, NBC, NPR, PBS and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
homicidesurvivors(dot)com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www(dot)dpinfo.com
www(dot)cjlf.org/deathpenalty/DPinformation.htm
www(dot)clarkprosecutor.org/html/links/dplinks.htm
joshmarquis(dot)blogspot.com/
www(dot)lexingtonprosecutor.com/death_penalty_debate.htm
www(dot)prodeathpenalty.com
www(dot)yesdeathpenalty.com/deathpenalty_contents.htm (Sweden)
www(dot)wesleylowe.com/cp.html
Permission for distribution of this document is approved as long as it is distributed in its entirety, without changes, inclusive of this statement.
Mental Retardation and the Death Penalty
Some say that we mustn't execute people who do not know right from wrong and who lack understanding the severity of their crimes. The reality is that we have not been executing such people for decades, because current law doesn't allow it.
Currently, during pre-trial, trial and appeals, the law provides evaluation for mental competency -- and such an evaluation requires that the defendant understand the consequences of their actions, that they must be able to constructively participate in their own defense and that they understand the nature of their punishment. Furthermore, mental capability is one of the many issues that a jury might consider when establishing mitigation which may dictate a sentence less than death. Quite simply, only mentally competent capital murderers can face either execution or life in prison.
And that is appropriate.
Here is an example of the type of obfuscation and ignorance that is often seen within this issue.
Death penalty opponents state that Texas has executed 6 mentally retarded capital murderers. Those executed are defined as mentally retarded by their IQ numbers. First, mental health professions state that IQ measurements alone cannot establish mental retardation. So states that solely used that standard to exclude a possible death sentence have used an improper standard and those who declare people mentally retarded simply by IQ numbers are equally incorrect.
Those Texas six are called mentally retarded because they allegedly had a measured IQ of below 70 -- a standard below which some establish mental retardation. First, death penalty opponents will often list only the lowest recorded general IQ numbers of the murderer and intentionally withhold other tests which recorded much higher numbers. Such opponents also fail to note that there is a margin or error of plus or minus 10 points within that IQ evaluation, meaning that only those who score below a 60 on their maximum IQ test can establish mental retardation by using those numbers.
Furthermore, general IQ is not even relevant to the evaluations. Only performance IQ, which attempts to measure a persons abilities to function effectively under real world situations, is the relevant issue, if one improperly wishes to just 'go by the numbers'. Again, those states and advocates who use only general IQ evaluations have misunderstood or improperly applied that qualification.
And based on that analysis, as well as a review of the case facts, such opponents cannot support their claims that Texas has executed even a single mentally retarded murderer. I suggest that may likely be the case in other states, as well.
A case example:
In the spring of 2001 death penalty opponents held a public rally at the capital in Austin and invoked the case of Mario Marquez, executed in 1995, as one of those 6 cases and stated that Marquez was exactly that kind of murderer which we should protect.
Not even close.
Marquez was angry that his wife was leaving him, so, in retaliation, he murdered his wife's 14-year-old niece, Rachel and his 18-year-old estranged wife, Rebecca. They were beaten and raped, orally, anally and vaginally, then strangled to death.
Rebecca was sodomized with a large perfume bottle which was forced into her anus. Blood loss from both victims indicated that they were alive during these acts.
Marquez then waited for his mother-in-law, to return home, beat and sexually assaulted her -- then presented the two brutalized bodies of the two girls to her -- as trophies for his anger.
There is little doubt but that he was also going to murder his mother-in-law, but Marquez' continued assault on her was interrupted and he fled from the scene.
Marquez's performance IQ was measured at 75 -- 16 points above the minimum number required to establish that arbitrary "mental retardation" standard, using the plus or minus 10 point variable. And Marquez's life and crimes, spanning many years, fully support that Marquez knew exactly what he was doing.
When given the facts of specific crimes, like Marquez's, many would agree with the jury -- that such mentally competent, guilty capital murderers should face the death penalty, as a sentencing option.
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