The Deteriorating Usage of Death Sentence

The Deteriorating Usage of Death Sentence

Ancient communities have historically sentenced people to death for offenses committed against an individual or a society. Contemporary legal frameworks in different nations also utilize the same approach. A notable similarity between both eras is the preservation of death for specific crimes only. Such constitutional requirements as the proportionality of punishments to the offense committed require juries to conservatively use the death penalty to avoid over-chastising a defendant. However, while legal frameworks allow the death penalty in certain circumstances, its use has significantly declined over the years. The depreciated usage of death warrant is primarily due to the decline of public support, given the inconsistencies in the judicial system.  

Outstandingly, executions for offenders sentenced to death has dropped over the years in the U.S. The decline has not only been witnessed with the traditionally conservative states but also in more supportive ones as Virginia and Texas (Garrett, Jakubow, & Desai, 2017). A comparative study of the statics evidenced by current sentences and the past confirms that the nation’s judicial system is increasingly handing over lesser death penalties. Only 49 death sentences were awarded in 2015, a number that substantially reduced to 31 in 2016 compared to hundreds in the 1990s (Death Penalty Information Center, 2019). The same trajectory is manifested in the number of executions. Only 29 and 20 inmates were killed in 2015 and 2016, respectively, as judged (Death Penalty Information Center, 2019). Such tendencies arouse concern over the reliability and position of the death sentence in the correctional department.

Other areas of the world have also witnessed declining cases of capital punishment. Currently, over 70% of the global nations have eradicated the use of capital punishment from their legal system compared to only 21 in 1970 (Johnson, 2010). Markedly, a majority of the countries which have retained the death sentence do not actively use it as it was in the 1990s, with many having not executed anyone in a decade (Johnson, 2010). While regions like Europe have completely abandoned capital punishment, with exceptions of dictatorships, Asian countries, where most of the global executions take place, have also demonstrated a diminishing trend. The inclination confirms a global reduction of death sentences.

A primary reason for the observed decline in capital punishment is the weaknesses of many judicial systems across the world. In the U.S., the judiciary and public prosecutions are characterized by accusations of discriminations against minority groups. People of color constitute the majority of incinerated individuals, as well as those convicted to killing (Death Penalty Information Center, 2019). Moreover, instances of attorneys baring African Americans from serving as jurors have been presented at the supreme court, with the Curtis Flowers case standing out (Death Penalty Information Center, 2019). Other than the evidence of racial impartiality, the system is also accused of targeting people based on their religious beliefs, as evidenced by the cases of Patrick Murphy and Dominique Ray of Buddhist and Islamic affiliations, respectively. Likewise, the court has also been faulted for anti-gay attitudes in death row proceedings (Death Penalty Information Center, 2019). Consequently, these inconsistencies in the handling of the death penalty have depreciated the people’s confidence in it, thus, minimizing its application.

Another element affecting public trust and support of the death penalty is the level of mistakes involved in handing the irreversible punishment. The United States has recorded a total of 167 cases of people exonerated from a death sentence. Three of these were acquitted in 2019, raising concern over the effectiveness of the justice system and the ethical validity of judicial execution (Death Penalty Information Center, 2019). Despite the high number of cleared convicts, many more continue to present significant pleas of innocence, further questioning the legal system’s ability to determine cases correctly. The instances of Charles Finch and Clifford Williams, who were both sentenced to death under questionable conditions, exposed the weaknesses of the judicial system. The former’s alibi and witnesses were neglected in court as well the jury’s recommendation for a life sentence. Additionally, Williams, just as Finch, was convicted based on the evidence of false witnesses, whose testimony contradicted the findings of forensic investigators (Death Penalty Information Center, 2019). Both men had been in prison since 1976 and only received clemency by the assistance of social workers from Duke Law School (Death Penalty Information Center, 2019). Such elements of wrongful sentencing undermine the use of capital punishment for accused persons.

The issues discussed above have significantly reduced the public’s confidence in the legal system and their preference for death sentencing. While the purpose of punishment is to chastise the offender for wrongs committed, the main focus is compensating the society and protecting it from similar injustices. People are likely to question the morality of techniques utilized by the state to combat evil. The survey of people in support of capital punishment confirmed an exponential decline, with many calling for a life sentence. In 2019, only 36% supported capital punishment compared to 61% in 1998. Equally, backing for a life sentence was up to 60%  paralleled to 29% in 1998(Death Penalty Information Center, 2019). The revelation that many of the people placed under capital punishment are mentally deranged originates questions over the appropriateness of such a harsh resolve (Chammah, 2017). Therefore, waning public support for the death sentence can be attributed to its declining use.

  Capital punishment has lost popularity due to the decline of public support, given the discrepancies in the legal system. Cases of wrongful convictions, bias, and the lack of support for mentally disabled individuals raises ethical concerns over the method. Subsequently, civics have expressed reduced support for the punishment, preferring the use of life sentences.

References

Chammah, M. (2017, October 3). What’s behind the decline in the death penalty? Retrieved from https://www.themarshallproject.org/2017/10/02/what-s-behind-the-decline-in-the-death-penalty

Death Penalty Information Center. (2019). The death penalty in 2019: Year-End Report. Retrieved from https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2019-year-end-report

Garrett, B. L., Jakubow, A., & Desai, A. (2017). The American death penalty decline. Journal of Criminal Law and Criminology, 107(4), 1–615. Retrieved from https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7612&context=jclc

Johnson, D. T. (2010). Asia’s declining death penalty. The Journal of Asian Studies, 69(2), 337–346. doi: 10.1017/s0021911810000021