The Death Penalty
The death penalty, also known as capital punishment, is the practice of murdering someone as punishment for a crime. Prisoners go through nine levels of review before execution, or the death sentence. Those sentenced to execution remain on death row for a number of years, with an average of 15 years. There exist many disparities and issues with the practice of capital punishment. In the death penalty system, exists official misconduct and economic disparities that result in innocent people being sentences to death. 186 people have been exonerated and released from death row since 1973. For every 9 people executed, one person on death row has been exonerated. Official misconduct is especially prevalent in death penalty cases when the defendant is black. It is 20 percent more likely that black exonerees were victims of official misconduct compared to their white counterparts. Additionally, the death penalty is more common for those who cannot afford to higher an experienced and effective lawyer. The sentencing is largely determined based on the quality of a defendant’s legal team more than their actual innocence. Defendants who cannot afford an experienced attorney, are appointed lawyers who are overworked and inexperienced. Death penalty cases are especially time consuming, expensive, and complicated, and are not applicable for public defenders. This leads capital defense lawyers to not properly investigate cases, provide evidence, and show up to court prepared.
Along with an economic disparity, exists racial inequalities. People of color are more likely to be prosecuted for capital murder and executed, especially if the victim is white. Evidence suggests that those convicted of killing white victims are 17 times more likely to be executed than killing Black victims. In capital trials, discrimination also exists in the jury, as people of color are often excluded from being apart of juries. The racial disparity in the current capital punishment system is a continuation of racial violence in America’s past such as lynching. The death penalty is also inflicted on the most vulnerable, the intellectually and mentally disabled. In 2002, the court left it to the states to enforce barring the execution of those mentally disabled; however, some states created loopholes that permit the execution of those who would meet the medical criteria for intellectually disabled. Those who have mental illnesses are not in the proper condition to go through trial, in front of juries, or live on death row, However, mental health experts estimate that 1 in every 5 people on death row have a serious mental illness and 10 percent are military veterans who suffer from trauma disorders.
Despite the disparities, there is no evidence that suggests the death penalty is safer and prevents crime. Studies show that murder rates are higher in states that have the death penalty and lower in states what have abolished the death penalty. Additionally, it is an extremely expensive practice, far more expensive than life imprisonment without parole.
The death penalty has a long and erratic history in court. In Furman v. Georgia, in 1972, the court barred capital punishment as it was excessive, arbitrary, and whether people live or die should not be determined by 12 others. However, only four years later, Furman was gone, and support for executions grew. 37 of 50 states re-enacted the death penalty and some states made it mandatory for everyone convicted of capital murder. However, it seems the amount of Americans executed is steadily declining, and we can hope for it to ultimately be abolished in the future. 17 prisoners on death row were murdered in 2020 and 18 just last year. In the past 50 years, of the 100 Texas prisoners eligible for a death sentence, two have been executed. Juries and judges have become increasingly considerate in regards to capital punishment.