torrey
05-10-2002, 11:33 AM
Common reasons in support of capital punishment
The Bible The Bible requires the death penalty
for a wide variety of crimes, including sex before marriage, adultery, homosexual behavior, doing work on Saturday and
murder. It even calls for some criminals (e.g. prostitutes who are the
daughters of priests) to be tortured to death by being burned alive. Most* Christians,
with the exception of those in the Reconstructionist movement, feel that many of these grounds for the death
penalty no
longer apply to Christian societies. U.S. However, Bible passages are still used to promote the
retention of capital punishment for murderers; some advocate that
homosexuals also be executed.
Justice/Vengeance Many people feel that killing convicted murderers will satisfy
their need for justice and/or vengeance. They feel that certain crimes are so heinous that
executing the criminal is the only reasonable response.
Deterrence Many people feel that the death penalty will deter criminals from killing. This does not seem to be confirmed by an analysis of the available data.
However, it feels intuitively correct for many people. 1 to 6
Value of human life: "It is by exacting the highest
penalty for the taking of human life that we affirm the highest value
of human life." (Edward Koch).
Cost: Once a convicted murder is executed and buried, there are no further maintenance costs to the state.
Safety: Once a convicted murderer is executed, there is no chance that
he will break out of jail and kill or injure someone.
Common reasons against capital punishment
The Bible: Some Christians feel that they are no longer bound by the legal codes of
the Hebrew Scriptures, and that the death penalty is no longer required. Since the Bible
was written, as society became more tolerant, we eliminated the death penalty for pre-marital
sex, practicing a different religion, engaging in prostitution, homosexual behavior, blasphemy, rebellion by teenagers, etc.
We should eliminate it for murder as well. Abolitionists quote Jesus' treatment of the
adulteress in the Gospel of John as support for their position. (That passage,
John 8:7, was probably not written by the author(s) of John)
Effect on society: Some feel that permitting premeditated murder is totally unacceptable, even if done by the state. Capital punishment lowers the value of human life
as seen by the general population and brutalizes society. It is based on a
need for
revenge. It "violates our belief in the human capacity for
change....[It] powerfully
reinforces the idea that killing can be a proper way of responding to
those who have wronged us. We do not believe that reinforcement of
that idea can lead to healthier and safer communities." 7
Lack of Deterrence: The death penalty has not been shown to be effective in the
reduction of the homicide rate. There are some indications that executions
actually increase the murder rate. 1 to 6
Cost: The costs to the state of funding appeals by convicted murderers
would more than pay for their permanent incarceration.
Value of human life: Human life has intrinsic value, even if a person has murdered another individual. The death penalty denies the sacredness of human life.
Live is so precious that nobody should ever be killed, even by the state.
Unfairness: The mentally ill, poor, males, and racial minorities are over-represented among
those executed. One pilot study of over 2 dozen convicted criminals on death row found
that all had been so seriously abused during childhood that they probably all
suffered from brain damage. Women convicted of murder are almost never executed; that is a
penalty that is almost entirely reserved for men. A 1986 study in Georgia showed that persons who killed "whites
were four times more likely to be sentenced to death than convicted killers of non-whites."
8,9,10 The Texas Civil Rights Project issued a report in 2000-SEP
which was critical of the justice system in Texas. They made six
criticisms which could probably apply to most of the states in the U.S. which
still execute prisoners:
The defense lawyers are often incompetent. Judges sometimes
appoint friends or political associates. Other times, no competent
lawyer is willing to accept the case because of the poor
compensation paid.
District attorney are given "unrestricted
discretion" in deciding whether to seek the death penalty. Poor
people, and members of minority groups are more likely to be
targeted because of prejudice and bigotry.
Jurors who may support the death penalty, but have
reservation about its use, are eliminated from jury duty.
Jurors are often not given the option of a life-without-parole sentence in murder cases.
The appeal process has
"burdensome, if not impossible, procedures." The process
seems designed to speed cases along rather than grant justice.
The rules appear to be in flux: the highest appeals court in
the state reversed about one out of every three capital sentences
prior to 1995. Since 1995, this has reduced to less than 3%.
The operation of the Board of Pardons and Paroles in Texas is
severely flawed. They do not meet as a group to study evidence and
discuss a case. Individual members are sent stacks of documents,
and make their decisions via telephone or fax. 11
Chance of Error: Many convicted murderers are later found innocent, and have been
pardoned. It is impossible to pardon a corpse. In 1987, a study was published by the Stanford
Law Review. They found some evidence that suggested that at least 350 people between 1900 and 1985 in America
might have been innocent
of the crime for which they were convicted, and could have been sentenced to death. 139
"were sentenced to death and as many as 23 were executed."
Horror: Some consider capital punishment to be cruel and unusual punishment.
Sending a person to Hell: Some Christians believe that an individual
who dies without being "saved" will go to Hell for eternal punishment. By killing the person
before the time when they would have naturally died, we are eliminating any chance that they might have for salvation.
The family of the prisoner is victimized and punished by having their loved one
murdered by the state. Yet the family is usually innocent of any crime.
Lack of convictions: Some jury members are reluctant to convict in
murder trials because of the possibility of executing an innocent person. Thus, many killers go free and are never punished.
References used:
"Facts about deterrence and the death penalty," at: http://www.essential.org/dpic/deter.html
M. Radelet and R. Akers, "Deterrence and the Death
Penalty? The Views of the Experts," (1995)
Isaac Ehrlich, "The Deterrent Effect of Capital Punishment A Matter of Life and
Death" American Economic Review, June 1975
Isaac Ehrlich, "Capital Punishment and Deterrence: Some Further Thoughts," Journal of Political Economy, 1977.
Stephen Layson, "Homicide and Deterrence: Another View of the Canadian Time-Series Evidence," Canadian Journal of Economics, February 1983.
Stephen Layson, "Homicide and Deterrence: A Reexamination of the United States
Time-Series Evidence," Southern Economic Journal, July 1985.
"Federal death penalty," Friends Committee on National Legislation,
at: http://www.fcnl.org/issues/cri/sup/dea_short.htm
Alice Wolf, letter to constituents concerning her vote as a state representative for
Mass. opposing the death penalty. See: http://alicewolf.org/death-penalty.htm
R.L. Young,* "Religious Orientation, Race and Support for the Death
Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm *
R.L. Young,* "Religious Orientation, Race and Support for the Death
Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm *
"The Death Penalty in Texas," the Texas Civil Rights Project, issued 2000-SEP
Copyright © 1995 to 2002 incl., by Ontario Consultants on
Religious Tolerance
Originally published: 1995-JUN-8
Hyperlinks checked: 1999-NOV-22
Last updated 2002-FEB-10
Author: Bruce A Robinson
The Bible The Bible requires the death penalty
for a wide variety of crimes, including sex before marriage, adultery, homosexual behavior, doing work on Saturday and
murder. It even calls for some criminals (e.g. prostitutes who are the
daughters of priests) to be tortured to death by being burned alive. Most* Christians,
with the exception of those in the Reconstructionist movement, feel that many of these grounds for the death
penalty no
longer apply to Christian societies. U.S. However, Bible passages are still used to promote the
retention of capital punishment for murderers; some advocate that
homosexuals also be executed.
Justice/Vengeance Many people feel that killing convicted murderers will satisfy
their need for justice and/or vengeance. They feel that certain crimes are so heinous that
executing the criminal is the only reasonable response.
Deterrence Many people feel that the death penalty will deter criminals from killing. This does not seem to be confirmed by an analysis of the available data.
However, it feels intuitively correct for many people. 1 to 6
Value of human life: "It is by exacting the highest
penalty for the taking of human life that we affirm the highest value
of human life." (Edward Koch).
Cost: Once a convicted murder is executed and buried, there are no further maintenance costs to the state.
Safety: Once a convicted murderer is executed, there is no chance that
he will break out of jail and kill or injure someone.
Common reasons against capital punishment
The Bible: Some Christians feel that they are no longer bound by the legal codes of
the Hebrew Scriptures, and that the death penalty is no longer required. Since the Bible
was written, as society became more tolerant, we eliminated the death penalty for pre-marital
sex, practicing a different religion, engaging in prostitution, homosexual behavior, blasphemy, rebellion by teenagers, etc.
We should eliminate it for murder as well. Abolitionists quote Jesus' treatment of the
adulteress in the Gospel of John as support for their position. (That passage,
John 8:7, was probably not written by the author(s) of John)
Effect on society: Some feel that permitting premeditated murder is totally unacceptable, even if done by the state. Capital punishment lowers the value of human life
as seen by the general population and brutalizes society. It is based on a
need for
revenge. It "violates our belief in the human capacity for
change....[It] powerfully
reinforces the idea that killing can be a proper way of responding to
those who have wronged us. We do not believe that reinforcement of
that idea can lead to healthier and safer communities." 7
Lack of Deterrence: The death penalty has not been shown to be effective in the
reduction of the homicide rate. There are some indications that executions
actually increase the murder rate. 1 to 6
Cost: The costs to the state of funding appeals by convicted murderers
would more than pay for their permanent incarceration.
Value of human life: Human life has intrinsic value, even if a person has murdered another individual. The death penalty denies the sacredness of human life.
Live is so precious that nobody should ever be killed, even by the state.
Unfairness: The mentally ill, poor, males, and racial minorities are over-represented among
those executed. One pilot study of over 2 dozen convicted criminals on death row found
that all had been so seriously abused during childhood that they probably all
suffered from brain damage. Women convicted of murder are almost never executed; that is a
penalty that is almost entirely reserved for men. A 1986 study in Georgia showed that persons who killed "whites
were four times more likely to be sentenced to death than convicted killers of non-whites."
8,9,10 The Texas Civil Rights Project issued a report in 2000-SEP
which was critical of the justice system in Texas. They made six
criticisms which could probably apply to most of the states in the U.S. which
still execute prisoners:
The defense lawyers are often incompetent. Judges sometimes
appoint friends or political associates. Other times, no competent
lawyer is willing to accept the case because of the poor
compensation paid.
District attorney are given "unrestricted
discretion" in deciding whether to seek the death penalty. Poor
people, and members of minority groups are more likely to be
targeted because of prejudice and bigotry.
Jurors who may support the death penalty, but have
reservation about its use, are eliminated from jury duty.
Jurors are often not given the option of a life-without-parole sentence in murder cases.
The appeal process has
"burdensome, if not impossible, procedures." The process
seems designed to speed cases along rather than grant justice.
The rules appear to be in flux: the highest appeals court in
the state reversed about one out of every three capital sentences
prior to 1995. Since 1995, this has reduced to less than 3%.
The operation of the Board of Pardons and Paroles in Texas is
severely flawed. They do not meet as a group to study evidence and
discuss a case. Individual members are sent stacks of documents,
and make their decisions via telephone or fax. 11
Chance of Error: Many convicted murderers are later found innocent, and have been
pardoned. It is impossible to pardon a corpse. In 1987, a study was published by the Stanford
Law Review. They found some evidence that suggested that at least 350 people between 1900 and 1985 in America
might have been innocent
of the crime for which they were convicted, and could have been sentenced to death. 139
"were sentenced to death and as many as 23 were executed."
Horror: Some consider capital punishment to be cruel and unusual punishment.
Sending a person to Hell: Some Christians believe that an individual
who dies without being "saved" will go to Hell for eternal punishment. By killing the person
before the time when they would have naturally died, we are eliminating any chance that they might have for salvation.
The family of the prisoner is victimized and punished by having their loved one
murdered by the state. Yet the family is usually innocent of any crime.
Lack of convictions: Some jury members are reluctant to convict in
murder trials because of the possibility of executing an innocent person. Thus, many killers go free and are never punished.
References used:
"Facts about deterrence and the death penalty," at: http://www.essential.org/dpic/deter.html
M. Radelet and R. Akers, "Deterrence and the Death
Penalty? The Views of the Experts," (1995)
Isaac Ehrlich, "The Deterrent Effect of Capital Punishment A Matter of Life and
Death" American Economic Review, June 1975
Isaac Ehrlich, "Capital Punishment and Deterrence: Some Further Thoughts," Journal of Political Economy, 1977.
Stephen Layson, "Homicide and Deterrence: Another View of the Canadian Time-Series Evidence," Canadian Journal of Economics, February 1983.
Stephen Layson, "Homicide and Deterrence: A Reexamination of the United States
Time-Series Evidence," Southern Economic Journal, July 1985.
"Federal death penalty," Friends Committee on National Legislation,
at: http://www.fcnl.org/issues/cri/sup/dea_short.htm
Alice Wolf, letter to constituents concerning her vote as a state representative for
Mass. opposing the death penalty. See: http://alicewolf.org/death-penalty.htm
R.L. Young,* "Religious Orientation, Race and Support for the Death
Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm *
R.L. Young,* "Religious Orientation, Race and Support for the Death
Penalty," Journal for the Scientific Study of Religion, 31 (1992-MAR), Pages 76-87. Cited in the General Social Survey Data and Information Retrieval System (GSS) at: http://www.icpsr.umich.edu/GSS/bib/bib2977.htm *
"The Death Penalty in Texas," the Texas Civil Rights Project, issued 2000-SEP
Copyright © 1995 to 2002 incl., by Ontario Consultants on
Religious Tolerance
Originally published: 1995-JUN-8
Hyperlinks checked: 1999-NOV-22
Last updated 2002-FEB-10
Author: Bruce A Robinson