The Observer, April 18, 2008
Volume XL, Issue 25
Capital punishment is not unreasonable
No citizen of the United States may "be deprived of life, liberty, or property, without the due process of law." The Fifth Amendment of the Constitution guarantees and protects the right to life, but that right is not absolute. In cases of murder and other extremes, a jury can deprive one of life through the "due process of law." Although our founders sought to ban cruel and unusual punishment, the death sentence was considered neither and this is both clearly stated in the Constitution, the history of American law, and the Supreme Court rulings.
While advances in DNA technology frightened many by revealing the mistakes of the past, it also provided for more accurate court rulings. Today the process of deliberation is more thorough than ever before. Once a felon is convicted, the process does not end with the jury sentence. The U.S. legal system provides for an extensive appeal process over a number of years. Most inmates in death row have been there for decades. It may seem shocking that since 1976, over 1000 inmates were put to death. But compare that to over 600,000 murders, an even greater number of rapes, and millions of violent crimes.
It is easy to appeal to emotions in this matter, but it is important to understand why the death penalty exists in the first place. It is first and foremost a deterrent. Those who would commit the crime of murder in a society of capital punishment are all aware that their actions may result in the loss of their own life. This is a sobering thought process that statistics have failed to capture.
A second reason is for punishment. As a society that values life before everything else, we must work to bring a harsh judgment on those who would take it away without rhyme or reason. It is simply not enough to confine the offender to a room until he or she passes away or returns to society.
Finally, it is for protection. In those rare cases where the death penalty is given, society has deemed it necessary for the safety and protection of life. Capital punishment is, unfortunately, the only proper reaction to the crime.
There are those who would argue that capital punishment should be banned simply because an unfair percentage of blacks are put to death. It is undeniable that black Americans represent a large portion of the jailed population, but that is an incredibly complicated issue which extends far beyond the simple label of racism. Some would argue that because many other countries and international legal bodies have banned the death penalty, we must follow in course. It is not generally the practice of the United States legal system to interpret any laws to which we did not consent as applicable in our country. America was founded on choosing a course different from that of the rest of the world and it is why we are successful and free.
Penalty of death for denying another life is not an unreasonable practice. In no way does our Constitution forbid it. However, the fear of sentencing an innocent life should not be swept aside too easily. Of all the reasons brought up to oppose the death penalty, only this one carries weight. If we as a society deem this risk to innocent life to be too great, then the laws will change to reflect that and the Constitution will remain the same. It is ultimately up to you to decide if your life and the lives of those around you mean enough to you that you would be willing to put to death such an evil person that would take those lives away.
