“Innocent till proven guilty”, a common mantra that many court officials state as they enter the courtroom. However, is it truly so? Though those indicted are guaranteed a fair trial, the aftermath of certain cases are second-rated. The persisting argument of whether the death penalty should be exercised or abolished has become a controversial topic that plagues many minds. While some may state that the death penalty should be practiced, others would state otherwise. As one of the few countries that still carries out capital punishment, the United States should abolish the death penalty because it dissipates our nation’s wealth, has proven to deter crime rates, and presents gender bias. As on the greatest countries, America spends a stupendous …show more content…
While not occurring explicitly, gender biases ensue as a result of stereotypes or attitudes that may lead to prejudice. For example, according to Victor Streib, dean of the Law College at Ohio Northern University, “women commit about 10 percent of all murders in the U.S., yet receive only about 2 percent of the death sentences and account for about 1 percent of death-row inmates, since their sentences are more often commuted or reversed” (Streib). While not stating explicitly, Streib is hinting at the “special treatment” women receive. He states that of the 10% who commit murder, only about 1% face the death penalty, and hints at the gender bias that is occurring during these events. He refers to the stereotypes that come with being a women. As examined in Thad Rueter article appearing in Daytona Beach News-Journal, he quotes Leigh Beinen, a Northwestern University law professor who studies gender bias, who believes that very little women face execution as a result of the symbolism of the death penalty. She states,” capital punishment is about portraying people as devils...But women are usually seen as less threatening [as men]”.(Rueter). Though we live in a highly evolved society, there are still gender prejudices that occur throughout society. Women are considered kindred spirit, housewives who help raise children and manage the household while the men are the ones supporting the family financially. In other words, the women are viewed as “angels” and “supporters” whereas the men are viewed as “warriors” and “dominants”. Therefore, when judging the actions of a women, some view the decision-making process as questionable or hard to associate the crime with the indicted, causing the trial to be
Imagine Kirsty and Marc, a young couple who resort to robbing a house in a desperate attempt to make money. They are caught, charged with the same crime and given the same sentence, except for one thing: the male dominant world we live in does not stop at the courtroom door. Marc is sent to a medium security prison one hour from his family with every opportunity to earn his way into a minimum-security facility. He spends his days learning to cook in the kitchenette and has access to basic necessities like aftershave or hairspray. Meanwhile, Kirsty walks into her frigid six-by-ten foot cell with bars for a door, a toilet in plain view and not a trace of sunlight. She is twelve hours from home with no hope of changing location since there is nowhere else to go. The stories of rapes, beatings and riots told by her new neighbours are endless. Kirsty realizes that the only way for her to survive this place is to oppose nature and forget what it is to feel. This is discrimination against women as they are penalized more severely than men for committing less crime. How can women strive for equality when they cannot attain justice in the justice system itself? The controversy over the gender bias goes beyond the "too-few-to-count" syndrome as Sally Armstrong calls it, it is a question of women's constitutional right to be treated equally.
“Our criminal justice system is fallible. We know it, even though we don 't like to admit it. It is fallible despite the best efforts of most within it to do justice. And this fallibility is, at the end of the day, the most compelling, persuasive, and winning argument against a death penalty.” -Eliot Spitzer
Opponents of capital punishment are outspoken and vehement in their arguments. They believe the death penalty does not does not deter crime. They also hold the opinion that endin...
There are over sixty offenses in the United States of America that can be punishable by receiving the death penalty (What is..., 1). However, many individuals believe that the death penalty is an inadequate source of punishment for any crime no matter how severe it is. The fact remains, however, that the death penalty is one of the most ideal forms of punishment. There are other individuals who agree with the idea that capital punishment is the best form of punishment. In fact, some of these individuals believe that this should be the only form of punishment.
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
When the criminal justice system was established, the main objective was to create neutrality and fairness between the sexes. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being look down upon because of their sex. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can be strong and courageous just like men. Society stereotypes women and the criminal justice system is no different.
As well as being economically unsound, the death penalty is socially biased. A class system appears to be present in the United States of America this day in age, and the lower classes seem to almost be discriminated against by the higher classes. This is also true of capital punishment. Ed Bishop of the St. Louis Journalism Review , writes on how these members of a lower class can not escape the death penalty. At the height of the...
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
The eighth amendment protects Americans from the infliction of cruel and unusual punishment. Many death penalty opponents use this as the backbone to their argument against capital punishment. Other than being cruel, I do not think that the death penalty can be used judiciously in the United States or any other part of the world. Personally, I do not think that human beings are perfect and as such they cannot set up a perfect justice system. In any justice system that is flawed and allows bias in certain cases, the death penalty should not be used as a means of punishment because of its irrevocable nature. When I came across Sarah Hawkins’ article regarding the case of Karla Faye Tucker, I was surprised to see the manifestation of my fears of the biases involved in the use of the death penalty in the case of this woman. Hawkins described how the representations of Tucker as a white, heterosexual Christian woman worked in her favor in the criminal justice system, and how media representations perpetuated the argument for her release from death row. Hawkins made very valid and convincing arguments that representations of “womanhood” that are expected in American culture can make a large difference in how we perceive criminals, and in certain cases these representations can be a matter of life or death.
In the Barton vs. Gladue case the jury did not see this as manslaughter, as the jury consisted on most men nine to be exact while only two women (Hunt & Sayers, 2015) who if disagreed with the verdict would be trumped as the majority vote overrules and it is also worth noting there were no aboriginal persons in that jury (Busby, 2015), so how could they identify or understand Gladue better and if that was the case the verdict may have been different. And for this reason we can suspect the power relations between men and women, different cultural oppressions and women whom are perceived as an oppressed group, so Gladue had no fighting
Throughout the United States violent crime has been a persistent problem that state governments are constantly trying to contain, if not eliminate. When a crime arises to the severity of the death penalty many times people instantly jump to the support of pro capital punishment , thinking that the accused should be put to death for killing another person. Currently updated as of 2011, there are 34 death penalty states and 16 states that have abolished the death penalty. In deed, very few issues are as polarizing as that of capital punishment. Support for the death penalty crosses all lines of race, socio-economic status, and religion. Given the right climate and circumstances, anybody can be quick to judge, convict, and condemn. Aside from the vengeful feeling of ‘an eye for an eye’, people are in favor of the death penalty because they feel it deters criminals and its less taxing on our penal system. However, what they fail to realize is that the death penalty has not been found to do either of those things, in fact, states without the death penalty have had consistently lower crime rates. Likewise, people are not correctly aware of what the results of the death penalty have really produced, or that life in prison without parole has been proven to be the more effective and economical path to go. The death penalty has proven to be more costly and a failure as a deterrent to crime.
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
Before the jury stands the defendant. There is overwhelming evidence in the favor of the prosecution. The verdict comes back from the jury, not guilty. Why? The defendant is a woman. In our era of equal rights and civil liberties women have made great strides in their advancement and role in society, yet it seems that gender segregates when it comes to crime. There have been countless cases where women and men have been tried for the same crime, yet when it comes to verdict and sentencing, the results don’t necessarily match. If one commits a crime one should be punished accordingly regardless of gender. In our society we seem to have two separate rules for our criminals, one for men and one for women. The key issue is are men and women treated equally by the criminal justice system. Another issue in gender biased sentencing is in its is its severity. Are women sentenced heavier for certain crimes then men.
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.