Monday, November 29, 2010

Death Penalty #3

Response to the Stages:
The Preliminary Hearing in the pre-trial is designed to protect the innocent. This part of the pre-trial determines whether or not there is sufficient evidence to prosecute the accused. The accused will only go to trial if sufficient evidence is presented. Then the judicial session can also be used to protect the accused. This is where a jury determines if they are arguing the fact of the crime or the statue of the law. The jury selection phase offers the accused to a fair jury. The jury selected will weigh both the aggravating and mitigating factors of the case to make a fully educated decision. After the person has been proven guilty, if they have, they will then discuss the aggravating and mitigating factors of the punishment. This protects the guilty because after a decision is made the jury then needs to make another educated decision on their penalty. Also the jury sentence recommendation protects the guilty because a group of people must make a decision on their lives. The defendants have the option of having a jury decide the outcome. This is beneficial to them because it rests their lives in the hands of many rather then the hands of one. Also, in the direct appeal, if new evidence is presented the defendant can re-state their case. Also, to protect the guilty, the defendant can appeal to a higher court to get an even better decision. Although unlikely, the Supreme court can also take a case. Also, in Federal Habeas Corpus the guilty may plead that the imprisonment of someone is illegal. This only further protects the accused. Then, the governor, in the company of advisors, may or may not grant clemency to the accused.
I do think that this system is incredibly thorough. It seems as though, unless there was no evidence, the guilty would get what they deserved. After hearing through so many decisions the accused have every opportunity to prove themselves guilty if they are. Also, if they really deserve the a life sentence then this process, along with adequate lawyering, should prove that. There is no reason that this process would leave an open hole that allows for an innocent man to be set to death or vice versa.

Response to Methods:
Hanging is absolutely inhumane. The possibility that someones eyes can pop out of their head is too much. This is not a quick process either. Finding a sandbag of equal weight to the prisoner may take a while. The necessary tests may take even longer. This does not sound like a humane method.
The firing squad is more humane then hanging but is still ridiculous. The possibility that someone can die a slow painful death is not worth it. I do not understand why the shooters have to stand twenty feet away and why they only have one round to fire.
The electric chair almost seems like torture. I could not imagine staying alive after the first 30 second interval. It sounds like the most painful thing in the world.
I think the gas chamber is more humane than the above but takes too long. Why can't the execution be faster?
There is nothing wrong with lethal injection.
All except for lethal injection should be considered cruel and unusual. There is no suffering in lethal injection and an inmate is not exposed to any pain.

Response to State Data:
It seems as though everybody uses lethal injection. What surprises me were the states that let the inmates choose. It sees like an impractical decision. Nobody knows what dying feels like so how can anyone make a good choice. All states should require death by lethal injection. Also, I noticed that the majority of the states offer life without parole. In the time lines it seems as though the death penalty has become more sophisticated. This is interesting because it makes me wonder of the future. What is in store for the death penalty? What surprised me most was the Texas, one state, had 35% of the executions.

Response to Chart:
The death penalty is the death penalty. The fact that more black people are executed cannot account for anything. This is based on the courts and the reasons that they were proven guilty. The comparison to the population is not valid. The death penalty can only be judged on the basis of guilt. In California, the cost to execute cost more than one hundred million more dollars. In Texas, the case is similar. However, in some states it is much cheaper to keep the prisoner locked up for life. The public is almost equally split on their decisions on the death penalty. This information is not very convincing for me. There are factors that play into each case that I do not know about. I think it is unfair to make a general statement with such a personal issue. The circumstances of each case is unique.

-Igor

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