2004 Human Rights Essay Contest > 2nd Place Essay

2004 Human Rights Essay Contest – 2nd Place Winner

Cindy Fei
Wayzata High School
Plymouth, Minnesota
Grade 12

Why Re-introducing Executions in Minnesota Denies Justice for All

In January 2003, Governor George Ryan of Illinois commuted the sentences of the 167 inmates on death row to life in prison, citing the fallibility of the capital punishment system. Previously, he had ordered a moratorium of the death penalty after uncertainties surfaced surrounding the validity of the conviction of 13 death row inmates. The governor stated that problems with the criminal justice system’s integrity, such as fairness of sentencing, prevented him from supporting the death penalty.

This failure of the capital punishment system in Illinois could become familiar in Minnesota if Governor Tim Pawlenty is successful in his attempt to re-instate the death penalty. Legalizing capital punishment will only make a mockery of the justice system. The death penalty violates the fundamental rights of humans, does not deter crime, and promotes flawed and biased justice.

The Universal Declaration of Human Rights states that "everyone has the right to life, liberty and security of person" and "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." The re-instatement of the death penalty in Minnesota would violate these statements that reaffirm the "dignity and worth of the human person." Also, in 1993, the International War Crimes Tribunal ruled out the use of the death penalty as punishment, even for genocide. In addition, in 2002, Council of Europe's Committee of Ministers presented Protocol 13, which was an international treaty to ban the death penalty with no exceptions. More than 75 countries have abolished the death penalty. However, the U.S. still utilizes the death penalty, and is the only Western industrialized nation to do so.

The U.S. Constitution states in the 8th Amendment that no person shall be subject to "cruel and unusual punishment." However, the death penalty is a form of "cruel and unusual punishment." It is murder in the sense that it is a premeditated act of killing another human being. Lethal injection, used in 37 out of 38 states that have capital punishment, is not administered by doctors, because of their ethnical vows to not harm others. Instead, inexperienced personnel administer the injections. They may not execute the process properly; by injecting into a muscle instead of a vein, extreme pain can result.

The capital punishment system will potentially execute those who don’t fully comprehend the consequences of their actions, like children and the mentally disabled. An estimated 10% of people on death row are mentally disabled. For example, Jerome Bowden was coerced by the police into signing a murder confession he could not read. However, he was still convicted and executed by Georgia. Also, the execution of juvenile offenders is forbidden by all major human rights declarations. Yet, the U.S. has executed more children than any other country.

Proponents of the death penalty state that it will deter crime, but that claim is without merit. Currently, the states without a death penalty have 48% to 101% lower homicide rates than states with the death penalty. Also, homicide rates in all states followed the same general pattern over the years, whether they had the death penalty or not. No statistically significant anomalies occurred. Also, most murders are committed when emotions are at a high level, in the heat of passion with rage, hate, or even under the influence of drugs or alcohol. Capital punishment does not prevent them, because they are impulsive, not rational acts.

The death penalty may affect society adversely. By implicitly condoning violence through state-sanctioned executions, the government sets a poor example. On one hand, children are taught to avoid the use of violence against violence. Yet, in states with capital punishment, the principle of retribution is employed. This hypocrisy is unacceptable and needs to be eliminated. The government’s actions should agree with its teachings. Therefore, stop the violence, because as Gandhi put it, "An eye for an eye makes the whole world go blind."

Capital punishment also discriminates against minorities and those with lower socioeconomic backgrounds. A 1998 study of sentencing in Philadelphia found that the defendant was 3.9 times more likely to receive a death sentence if he/she were African American. In Florida, if the victim was white, the defendant’s odds of obtaining the death penalty was 4.8 times higher than if the victim was black. In addition, wealthy defendants can afford better lawyers than poorer defendants. The majority of death row inmates receive substandard, court-appointed legal representation.

Minnesota already has life without parole as an option for those convicted of heinous crimes. It is actually financially cheaper to incarcerate perpetrators than to execute them. It costs an estimated $1 to $3 million to sentence someone to death, because of the appeals process to ensure justice, and the safeguards for the execution procedure. Imprisoning someone for life averages about $500,000 in comparison. The money saved through the abolition of the death penalty could be used for institutions such as schools, roads, and public programs. Re-instating the death penalty would infringe upon fundamental human rights, condone violence, and cheat the disadvantaged, denying justice for the accused and victims, as well as the public.

Bibliography

American Civil Liberties Union. "Capital Punishment Should Be Abolished." Criminal Justice: Opposing Viewpoints. Ed. Tamara Roleff. San Diego: Greenhaven Press, 2003. 120-127.

"America’s Shame – Killing Kids." National Coalition to Abolish the Death Penalty. 31 Mar 2004. http://www.ncadp.org/fact_sheet1.html.

Bonner, Raymond, and Ford Fessenden. "States with No Death Penalty Share Lower Homicide Rates." New York Times 22 Sept 2000. 31 Mar 2004.

"International Human Rights Standards." Death Penalty Facts. Amnesty International USA. 31 Mar 2004. http://www.amnestyusa.org/abolish/international_h_r_standards.html.

"Lethal Injection." Methods of Execution. The Death Penalty Information Center. 31 Mar 2004. http://www.deathpenaltyinfo.msu.edu/c/about/methods/lethalinjection.htm.

"Millions to Kill, Pennies to Heal." National Coalition to Abolish the Death Penalty. 31 Mar 2004. http://www.ncadp.org/fact_sheet3.html.

"Offending Justice." National Coalition to Abolish the Death Penalty. 31 Mar 2004. http://www.ncadp.org/fact_sheet6.html.

Pierre, Robert E. and Kari Lydersen. "Illinois Death Row Emptied." Washington Post 12 Jan 2003. 31 Mar 2004. http://www.washingtonpost.com/wp-dyn/articles/A42290-2003Jan11.html [Dead link].

Stassen-Berger, Rachel E. "Minnesota: Death-penalty call draws fire." Pioneer Press 5 Dec 2003. 31 Mar 2004. http://www.twincities.com/mld/pioneerpress/7417048.htm [Dead link].

"Universal Declaration of Human Rights." United Nations. 31 Mar 2004. http://www.un.org/Overview/rights.html.