Discrimination Within The Death Penalty Essay Example For Students

Discrimination Within The Death Penalty Essay Hutchinson, Death Penalty, 1?They are almost all poor, usually white, often high school dropouts. Most have never killed before. Most are from the South? (Benac). Introduction:Opponents of the death penalty have said that capital punishment does nothing to deter crime. There is some critical information that is important to know before going more in depth on this discussion. The purpose of this paper is not to discuss whether capital punishment is effective in deterring crime nor does it present any ethical arguments regarding it. It is to discuss whether it is used in a universally just and fair manner. Presently, approximately 3, 565 prisoners are living on death row. The costs for death penalty cases are enormous, possibly soaring in to the millions. (National Association?) ?Since 1973, over 160 children in the U.S. have been sentenced to die? (National Association?). It is possible that ten percent of death row inmates are mentally retarded. ?Approximately 90% of those whom prosecutors seek to execute are African-Americans or Latino? (National Association?). Considering all of the above facts, there are obviously some distinct problems wi th the manner in which the death penalty is imposed. In particular, class differences along with race can drastically affect the manner in which death penalty cases are handled. Costs:Lower class people get a worse defense than wealthy people. The costs for a capital defense case can add up quickly: DNA tests, experts, background and psychiatric investigations. Many lower class people have to ?depend upon public attorneys who are not really qualified? (ABCNEWS.com?). There is a bill in Congress that would Hutchinson, Death Penalty, 2regulate state standards for appointed defense attorneys for capital cases but it is doubtful that this will be a quick solution. There is also a bill in Congress that would guarantee DNA analysis for inmates, both federal and state, after their convictions. (ABCNEWS.com?) The awareness of this problem is even occurring in the Supreme Court. Problems:There have been many attempts to fix what is wrong with capital punishment and sentencing. According to Supreme Court Justice Harry Blackman in the Collins versus Collins 1994 decision, ?the death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake (Culver). It has to be admitted that race plays a part as well as class since normally the two social aspects go hand in hand. Not only race of the defendant but of the victim have to be considered when understanding the idiosyncrasies of sentencing. While race may be focused on more in the media, class or socioeconomic status controls the reins even more. ?The vast majority of people executed since 1977, when employed, worked in menial or low-paying jobs at the time they committed their capital crimes? (Culver). Not only is income level influential but educational level is as well. The average educational level for prisoners on death row in 1996 was only the 11th grade with 15% of them having less tha t an 8th grade education. (Culver)Defense:One of the chief concerns in the sentencing phase is that of the defense attorney. Lower class people cannot afford high-profile lawyers or those experienced specifically Hutchinson, Death Penalty, 3in capital cases. The attorney may not have a great deal of competency when it comes to criminal law. The accused also may not be able to help provide resources for such things as analysis and/or research that would aid in defense. ?The attorney who is inexperienced and who represents an indigent accused of a capital crime is unlikely to command the resources needed to assemble a panel of mental health professionals and verify the extent of the problems maintained by the defense or to persuade a jury of the important absence of other compelling evidence? (Culver). This also helps explain why the mentally retarded do not get fair trials either and, even with the mentality of a child, can end up on death row. The astronomical costs of representation in federal death penalty cases stems from the sever pressure the cases place on the attorneys along with several other factors. These factors may include the following: skill of the counsel, the amount of time the lawyer has to spend on the case, the hourly rate of the lawyer, and the additional expert or investigative services. (?Federal Death Penalty) The defense must also worry about two trials since death penalty cases are bifurcated trials. This means the guilt or innocence is decided in the first part while the punishment is decided in the second phase. Lawyers have to be very familiar with ?sentencing guidelines, speed trial act, rules of evidence and procedure, and the specifics of the federal death penalty law (?Federal Death Penalty). A court appointed attorney normally does not have the experience to be effective in this type of trial. Brians Search For The Meaning Of Life In W.o. Mitc EssayHutchinson, Death Penalty, 7Texas Death Row:?While forty states provide for capital punishment, nowhere has it been embraced as enthusiastically as in Texas, with a reported 90 percent public approval rate?fully one-third of all executions in the United States ? (Donovan, 8). The distinctive difference in executing those members of the lower class has been seen in Texas just like the rest of the United States. ?The men of Death Row are disproportionately poor, uneducated, and African-American compared to the rest of the population (although in absolute numbers, the majority is Caucasian)? (Donovan, 15). This is stating that although the majority of men on death row are white, compared to the overall population percentage African-Americans are very obviously discriminated against. It also highlights that the men are of a lower class and mainly without education. The state of Texas, with its exorbitant use of the death penalty, even has problems itself. ?What the political debate over laws governing capital murder trials and appeals never acknowledges is the arbitrary nature of the criminal justice system, or the laws in the death penalty schemes? (Donovan, 16). The death penalty might actually act as a deterrent to crime if it was used effectively. ?In the 1930s, murderers were often executed within months of committing a crime. In 1999, the median murderer was executed for a crime committed in 1988? (Tucker). However, since the 1930s, the actual time on death row has lengthened immensely. ?The average length of time between conviction and execution in Texas is seven and a half years?.(This will change eventually since recently passes state and federal laws governing post-conviction habeas corpus appeals are designed to reduce the time from final conviction)? (Donovan, 9). It Hutchinson, Death Penalty, 8is almost guaranteed that no matter ho w many laws go through the system, there will never be a law that ensures that people of all classes get equal quality representation at their trial regardless of their race or class. Information regarding Texas Executions:Employment Type Number (out of most recent executed)Truck driver 3Barber 1Auto sales 1Roofer 2Electrician 2Press operator 2Welder 1Laborer 12Mechanic 4Carpenter 2Manager 3Construction 3Nurses aide 1Auto body repair 1Commercial printer 1Clerk 1Dry Waller 1Correctional officer 1Clerical 1Computer technology 1Painter 1Cashier 1Attendant 1Cable TV technology 1Education Level Number7th grade 38th grade 39th grade 59th with GED 110th grade 610th with GED 311th grade 811th with GED 312th grade 912 years plus 7Unknown 1(Prisoner Information?)Hutchinson, Death Penalty, 10Conclusion:?Economic standing is more likely to explain why some defendants are sentenced to death, while others convicted of similar charges are sentenced to life in prison? (Culver). The media is just now starting to wake up and realize that the class differences within the criminal justice system and capital punishment are a serious problem. It was once said by a judge: The Constituti on guarantees you a right to a lawyer, but it doesnt guarantee you that the lawyer has to be awake? (?Race, Class,). This was a statement made after a man was sentenced to die even though his lawyer had slept through the trial. Not just cat napped but audibly snored. If that is not a blatant case of injustice, how do we begin to fix what is going on? What is necessary to make people realize that it is not just race that plays a part in social injustice but socioeconomic status as well?Social Issues