Key factors...
The wrongful execution of an innocent person is an injustice that can never be rectified. Since the death penalty was reinstated in the U.S, 130 men and women have been released from Death Row. The length of time that a person is on death row can vary from state to state, it has taken some people over 20 years to prove their innocence and be freed. It is inevitable that innocent people have been and will continue to be executed especially in states where they are fast to execute.
Retaining the death penalty in the U.S costs more than a sentence of life without parole. The endless cycle of appeals and court costs incurred has shown the death penalty to be 2-6 times more expensive than a life sentence. These extra costs would be better spent on crime prevention and support services for victim’s families.
Studies show that race plays a key part in deciding who gets the death penalty. Despite being twelve percent of the population in the U.S, black people account for 42% of all death row inmates.
The majority (80%) of their victims were white, even though nationally only 50% of murder victims are white.
The most important factor in determining whether a defendant receives the death penalty is the quality of the legal representation they receive. Those without money are represented by court appointed lawyers who are often inexperienced in basic capital case procedures.
Instances of lawyers not knowing when to file appeals, failing to call important witnesses or offer evidence of mitigation are not uncommon. Court appointed lawyers are often overworked and underpaid and do not have the time or money to hire specialist resources. One lawyer handling a capital case had not even been in a court room before!
The death penalty is unfairly applied to a small number of defendants. It is racist and biased against the poor. It can also be politically motivated with state governors getting elected on “death penalty votes” to prove they are tough on crime.
Capital cases make up just 2% of murders in the U.S.A. It is a common myth that it is reserved for the “worst cases”; the Law of Parties has been widely applied in Texas to impose death sentences on people who are “factually innocent” of murder.
Many countries are able to keep crime rates down and punish offenders adequately without using the death penalty, such as Australia, Belgium, Canada, Denmark, France, Germany and Spain. Also, these countries generally have lower murder rates than the United States. Studies carried out in the U.S have shown that states without the death penalty consistently have lower murder rates. There is no evidence to demonstrate that executions deter people from committing crime anymore than long prison sentences.
Many murder victims family members are against the death penalty and are leaders in the anti-death penalty movement. Organisation such as Murder Victims for Reconciliation (MVFR), Murder Victims Families for Human Rights (MVFHR) and Journey of Hope oppose the death penalty.
When you consider those convicted can be on death row for 20 years or more it is a long time to wait for “closure”: the lengthy appeals process only prolongs the pain of victim’s families and hinders the healing process.
Some think that the money would be better spent on crime prevention and victim support services. Many believe the death penalty perpetuates the cycle of violence. Others simply do not want another person to be killed in their name.
Studies in the U.S.A show that when the option of life without parole is offered, public support for the death penalty drops significantly.
Life without parole sentences (where necessary) would eliminate the risk of executing innocent people and protect the public.
Innocence and the death penalty
The high cost of the death penalty
Racial disparities
Inadequate legal representation
Arbitrariness
