Paper Example on Nationwide Death Penalty Policy

Introduction

Controversy over the death penalty in the US is on national watch with the recent case of Missouri man charged with death sentencing by lethal injection. Death penalty faces criticism from different stakeholders, humanitarians, and international bodies. This is based on the provisions of the universal human rights which advocate for reduced and/or eliminated subjection to torture and suffering on death execution. However, the entire death penalty faces a wide resistance from different stakeholders based on their perception, ethical and moral view of the death sentencing (Braswell et al. 221). The US states have different rules and considerations that are adhered to with regards to capital offences. Some states have legalized the death penalty while others have voted against the death penalty citing their personal reasons. The disparities on death conviction rules across individual state legal systems call for concern on whether the nationwide death penalty policy should base on a unified policy.

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Capital punishment is legal in 30 states of the US. Each state has its own reasons and regulations for withholding the death penalty. There are several reasons for withholding death penalties in these states. People cite different reasons in support of capital punishment. These may include serving as an ultimate warning to potential criminals on the outcome of life ending crimes (Braswell et al. 222). Some feel that the punishment gives closure to the victim's family members and a sense of justice being apprehended. Death penalties are used in some states as a way of instilling fear in criminals. Based on the case of Bundy's prison life, the nine year wait for execution witnessed exhaustion of all legal points in seeking change in his sentencing to life imprisonment than death sentencing. In reference to this case, it indicates that Bundy feared the taste of death would have otherwise preferred to spend his entire life in prison rather than be executed to death. In the same case, the death penalty is used as a mechanism of instilling fear in criminals. Therefore, the use of the death penalty serves as a fear factor for criminals.

Some people believe that it serves the murderers with a similar situation. Therefore, its perceived as the best answer to the murder since it extends the same treatment to the killer. In this case, equal judgement is believed to be attained. There have been arguments that the death penalty provides a softer execution based on the methods used to administer it. some arguments cite that the criminal should be exposed to similar death as the victim. However, this is highly rejected by humanitarians and global human rights bodies. Some states administer death penalty in better and safe ways that eliminate suffering and pain. Electrocution entails a head strapping which is strapped on a shaved part head. The electrocution strappings are fitted to a metal skullcap shaped electrode which aid in destabilizing the brain and therefore eliminates the pain. Electrocution seat was established in New York as an alternative humane method of death execution. Lethal injection was first used in Oklahoma, and it entails sending the inmate to sleep before administration of the lethal injection which leads to paralysis of the body muscle system and stopping of the heart functioning (Shirley et al. 17). However, not all the execution methods are not always cruel. Hanging, use of lethal gas and firing squad are used in some states but does not guarantee the safe death of the inmates. Utah recalled firing squad as execution as a death penalty. These methods, however, face criticisms from different people terming them a violation basic human right.

On the other hand, the majority of the US states have strapped of the death sentencing from their state constitutions. According to the ruling of the Washington Supreme Court, the death penalty violates both state and federal constitutions. There are various arguments laid down in the argument against withholding the death penalty. Basing on Gregory's constitutionality claims the violation of the Washington Dc death penalty as a violation of federal and state constitutions (Lardieri). The Washington D. Cs ruling indicated varied variations in the death sentencing decisions. The ruling called for the making of death penalty decisions in individual inmate's counties. Gregory, a murder convict, was sentenced to death but appealed his sentencing citing racial biasness. However, his appeal ignited research to establish the variations that may contribute to decision making on the inmate's case (Lardieri). The study pointed out variations with decisions preferred to be made at the county level. In this case, the death penalty may not serve as the final justice to the victim's family as the judgement may be based on the variations illuminated in Gregory's case.

Some of the common reasons used to argue against the death penalty include the argument of lack of lesson rendered to the condemned. The essence of sentencing is to serve as punishment to the condemned. However, death advancement does not guarantee any lesson to the condemned. Depriving of freedom serves as a lesson to any offenders. Prison life deprives the offender's freedom which gives them a lifetime lesson for committing murder (Shirley et al. 17). Killing murder victims have nothing to learn from as they are limited to death rather than a prison life to serve as a lesson.

Punishment should serve to dissuade criminals from crime committing. However, the death penalty fails to serve the purpose of dissuasion as more cases of homicides are reported yearly. Life in prison without parole can serve a better role of dissuasion rather than the death penalty. On the other hand, capital punishment is considered hypocritical. Charging murder criminals with death execution is reciprocates loss of life with the loss of life too (Bohm). Denouncing murder should be emulated by safeguarding the life of individuals. Therefore, charging any criminal is committing the same act. In this case, serving individuals with death penalties symbolizes murder in the society. the justice system should, therefore, teach the public the killing criminality by refraining from the act (Shirley et al. 17).

As much as death is considered less painful, there is no evidence of any death victim witnessing that the sentence is pain free. This embodies the executioners with similar cruelty as the condemned. All the execution methods in the US are meant to be painless but are subject to accidents. For instance, the case of Bucklew, the Missouri death penalty victim who cites a rare medical condition that could lead to severe pain on administration of lethal injection (Wheeler). This is evident that the safe death methods lack assurance for a painless death. Additionally, prison sentencing may serve as a hell on earth. An inmate may be charged with life sentencing for killing an infant girl by rape (Wheeler). Such people go through a hard time in prison and are mainly subjected to solitary confinement for their protection. In this case, the prisoner feels the pain and isolation that is much more than the death penalty which may end the life of the prisoner without facing the bitterness in other prisoners.

Based on the different arguments with regards to the death penalty policy across the states of America, it is important to adopt a common policy with regard to the death penalty in the country. The different policies in the states should be harmonized to realize uniformity in the justice system in the country and allow for the protection of human life in the US under similar codes. The death penalty is critical to arriving at and in some cases may lead to the unjust sentencing of innocent victims. Providing the offenders with jail time may boost their chances of seeking justice in cases of false charging. In that light, the victims can seek parole or reopening of their cases to seek justice. In the event of the death penalty, the victim lacks the opportunity for a second chance.

Conclusion

In my opinion, the variations, ethical and moral standing of the death penalty can be evaluated at a larger scale with reference to the views of the different states in the US. A common link on the death penalty will be established that will be used as a guideline by the individual state justice system. A nationwide policy will expose the offenders under the same regulations and charges uniform murder charge provisions. Therefore, cases of variations are eliminated and the controversy over the method of death execution to be applied. I would recommend scrapping off the death penalty in all states and otherwise develop alternative punishments with life imprisonment serving as the most favorable option. Eliminating pain and suffering in human suffering during death sentencing can be worked out through practicing life protecting policies under the death penalty policy.

Works Cited

Bohm, Robert M. Deathquest: An introduction to the theory and practice of capital punishment in the United States. Routledge, 2016.

Braswell, Michael C., Belinda R. McCarthy, and Bernard J. McCarthy. "To Die or Not to Die: Morality, Ethics, and the Death Penalty." Justice, Crime, and Ethics. Routledge, 2017. 220-244.

Lardieri, Alexa. Washington Supreme Court Rules Death Penalty Unconstitutional. 2018, https://www.usnews.com/news/politics/articles/2018-10-11/washington-supreme-court-rules-death-penalty-unconstitutional. Accessed 12 Nov 2018.

Shirley, Kenneth E., and Andrew Gelman. "Hierarchical models for estimating state and demographic trends in US death penalty public opinion." Journal of the Royal Statistical Society: Series A (Statistics in Society) 178.1 (2015): 1-28.

Wheeler, Lydia. "Supreme Court Death Penalty Case May Rest On Kavanaugh Vote". Thehill, 2018, https://thehill.com/regulation/court-battles/415202-kavanaugh-could-be-key-vote-in-supreme-court-death-penalty-case. Accessed 12 Nov 2018.