Death Penalty
...cused crime. It would be an enormous mistake to put an innocent person to death, but there are several steps taken to avoid such a tragedy, which will be discussed later. Finally, opponents to the death penalty believe that it is too expensive to continue using (Galliher et al. 211). The average cost of processing a death penalty case is 1.88 million dollars; they believe that spending so much money on something that they feel is cruel and unusual punishment just adds to the severity of this mistake (Bohm 98). One of the main arguments and main purpose of the death penalty is to deter crime. The U.S. Department of Justice F.B.I. statistical data supports this point by highlighting the fact that most criminals released back into society commit additional felonies (Bohm 68). Almost two out of every three death row inmates had prior felony convictions, and one in twelve had actually been convicted of prior homicides (Goldman 29). Removing any chance of further contact with other innocent human beings, by carrying out the death sentence, assures that this criminal will not commit another crime. The crimes he or she would have potentially done to future victims have essentially been deterred. However, there isn’t a way to determine who these “spared” victims are. We must go on the assumption that more vicious crimes will be committed if these criminals are not dealt with in the most permanent fashion - by being put to death. The death penalty is the most effective means of criminal deterrence, and many supporters argue that the threat of death discourages crime more effectively than the threat of prison does (Acker, Bohm, and Lanier 107). Secondly, the death penalty is not cruel and unusual punishment. The writers of the United States Constitutions’ 8th Amendment related “cruel and unusual” punishment to methods that had been used in the past (Banner 21). Most of those methods that were used to carry out the death penalty then are not acceptable now. The 8th Amendment was created to prevent such methods as burning criminals at the stake, boiling them in oil, or “drawing and quartering," where the convicted felon was tied by his hands and feet to four horses and practically torn into pieces (Acker, Bohm, and Lanier 51). Further supporting the fact that capital punishment isn’t cruel and unusual punishment is the Supreme Court’s decision in the 1976 case of Gregg vs. Georgia. In this case they ruled, “the punishment of death does not invariably violate the Constitution” (Bohm 126). The long-term financial advantages of the death penalty are difficult to pinpoint. However, they can be estimated by comparing its costs with those of convicted criminals of similar cases, who have received life sentence without parole. For many of these lives without parole inmates, maximum-security facilities are needed (Bohm 98). The average cost for cell facilities, per year, is $34,200, which takes into account that not all inmates are housed in a maximum-security facility. Taking into account an annual cost increase of about 2 percent, with approximately $75,000 in trial and appeal expenses, the total for housing a life without parole prisoner for 50 years is $3.01 million (96). This is nearly twice as much as processing a death penalty case. An average of about $60,000 per year for six years on death row, with an annual cost increase of about 2 percent, and nearly $41.5 million for trial and appeal costs, brings the total for death penalty cases to $1.88 million (95). This estimate is well below that of the life without parole cases. These numbers are often construed to give more weight to the more popular belief that death penalty cases are more expensive. This is true at the beginning of the case due to the increased costs of the appeals process; however, this is not the case in the long run. Many people have a fear that we may be putting an innocent person to death. However, the sentencing process for capital punishment cases is long and thorough. First the criminal must be arrested and indicted for the crime (Pre Trial), then found guilty, (Guilt Phase Trial) (Jost 956). The third step, Penalty Phase Trial, is used to determine whether aggravating circumstances (factors that make the crime worse, such as a criminal record or facts of the crime), mitigating circumstances (not excuses but factors that may lessen punishment, such as mental disability or deprived background), or victim impact (effect on victim and the family of the victim) are all involved (956). The next step is when the convict is sentenced. After sentencing, the criminal has four opportunities to appeal. They are Direct Appeal, Post Conviction Review, Federal Habeas Corpus, and Clemency. Since 1976, 46 death row inmates have received clemency and were freed (Acker, Bohm, and Lanier 198). Furthermore, since 1973, 98 people have been released due to innocence (197). However, if an innocent person is executed, it may not be correct to blame the death penalty. A person that...