Point- Capital Punishment: Overrated
It is incontrovertible that after a serious crime, a serious punishment must follow. The question that follows then is not regarding the magnitude of the repercussions but the form that these repercussions take. As high crimes like murder and treason make their way to courtrooms across America, there is a single debate that manages to gather these offenses under one umbrella: the death penalty. Many ask “Is death an ethically and constitutionally sound punishment for major offenses?” Not only does capital punishment explicitly violate the Fifth, Eighth, and Fourteenth Amendments, it can cost innocent people their lives.
The Constitution states in the Fifth Amendment that convicted criminals do not have to testify without a Grand Jury, “nor be deprived of life, liberty, or property, without due process of law.” In cases where the death penalty is an option for punishment, the Fifth Amendment is often breached. The trials are lengthy, and evidence of innocence is often ignored or goes undetected too late for exoneration, as the offender has already been executed. This clearly violates the due process clause as the offender has been deprived of life.
The Eight Amendment forbids the use of cruel and unusual punishment. Death is the most final of all punishments, and in no way does it punish a criminal more than a life sentence would. Capital punishment carelessly disposes of human lives, portraying them as of little value, especially if it is the life of a felon.
Lastly, the Fourteenth Amendment states that all citizens are entitled to a fair trial and their rights of life, liberty, and property. In courtrooms, there often seems to be a racial bias that inhibits the jury’s ability to make impartial decisions. Since 1976, of the cases involving the murders of one or more people of one race, there were 286 that resulted in an execution. Of these executions, 266 were of African Americans who had murdered Caucasians, while only 20 were of Caucasians who had murdered African Americans.
The death penalty has wrongfully killed four innocent people since 1976. Though it may seem small, it is four people too many. This is coupled with the fact that further evidence of innocence is rarely searched for after execution, meaning many more potentially wrongful executions took place but did not receive adequate investigation. There have been 142 people exonerated from death row, some just minutes before execution was to occur. These innocent but accused prisoners had been held on death row anywhere from one to thirty three years. The saying goes that the defendant is innocent until proven guilty, making the falsely accused victims of an imperfect judicial system and potentially costing the innocent their years if not their lives.Â















