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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Personally - I think the two points go hand in hand
Authored by: Anonymous on Friday, August 31 2012 @ 10:45 AM EDT
I would personally be in favor of capital punishment for certain crimes but only if we could apply it fairly and equitably.

But the last few decades have proven conclusively that we can't. Poor minority killers get the death penalty, while rich white killers (even middle-class white killers) who can afford a better legal defense, do not. This is totally inequitable. Also, a significant percentage of convicted felons on death row sit there for years and years and then something (e.g. new DNA evidence) brings their conviction into doubt and they get a new trial or acquittal. Its frightening that we might have executed them for a crime they didn't even commit--at least if we give them a life sentence, there is still the possibility of reversing it later if it is found to be in error.

Also, I recall some studies that showed the crime rate (or murder rate?) increase slightly for a short period after the public execution of a death-row inmate. It certainly doesn't have any deterrent effect on the commission of capital crimes. And death row cases (with all of the appeals etc) can cost as much as 10x a non-capital case to prosecute and carry through to conviction. So even if they get a life sentence instead, the cost to society to house them might still be cheaper in the long run than executing them.

So there's lots of good reasons to object to a death penalty--some based on moral arguments, some based on fairness, and some based on purely pragmatic concerns like the cost to taxpayers and the increase it causes in the crime rate. There's certain crimes that make me very angry, and I want to see perpetrators punished harshly for them, but I just can't condone the death penalty even in those cases because we're completely incapable of applying it fairly and evenly to everybody. Racism, classism and social/financial inequality get in the way.

[ Reply to This | Parent | # ]

Granted
Authored by: Anonymous on Friday, August 31 2012 @ 04:07 PM EDT

Absolutely, it is a valid argument against the death penalty.

I used Capital Punishment because it's an extreme. And it's far easier to see "in black and white" when dealing with extremes rather than dealing with things far, far less controversial such as:

    So what... we made an innocent child appologize for shop-lifting a candy bar. That's not very much of a punishment!
Far more people will argue the grey areas with the shoplifting example and the value of risking letting a child who shoplifted go free of punishment vs punishing the child who did not shoplift.

Far, far fewer will even attempt to argue how killing an innocent is somehow justified compared with the potential of letting a serial killer go.

RAS

[ Reply to This | Parent | # ]

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