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Death Penalty And The Cry For Human Life -By Olusola Adeyoose

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We were not born critical of existing society. There was a moment in our lives when certain facts appeared before us, startled us, and then caused us to question beliefs that were strongly fixed in our consciousness- embedded there by years of family prejudices, orthodox schooling, imbibing of newspapers, radio and television. This would seem to lead to a simple conclusion: that we all have an enormous responsibility to bring to the attention of others information they do not have, which has the potential of causing them to rethink long-held ideas- Howard Zinn, 2005.

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PREAMBLE

Capital punishment also known as the death penalty has been practiced in human societies since time immemorial. In the past, people were put to death for reasons as bizarre as witchcraft, blasphemy, and violation of the Sabbath. The methods used included crucifixion, burning, boiling to death, disembowelment and stoning. Today, crimes punishable by the death penalty range from cowardice, insubordination, and mutiny in the military, to murder, treason, espionage, rape, adultery, incest, sodomy, drug trafficking, apostasy, and corruption across various climes. The methods of execution commonly employed now include: death by lethal injection, firing squad, hanging, and electrocution.

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Since the 18th century, arguments have been raging about whether societies have the moral responsibility to enforce the death penalty. And if so, for what sort of crimes should it be applicable? As typical of all controversies, the positions of different cultures are largely fueled by emotions and sentiments. Proponents usually lay claim to capital punishment as being an effective deterrent of violent crimes and it been a potent tool in keeping societies sane. But opponents belief human life is sacred and capital punishment is a violation of one of the most fundamental human rights- the right to life.

Debates by organizations that oppose the death penalty such as Amnesty International, Human Right Watch, American Civil Liberties Union, amidst others have led to the abolition of capital punishment in several countries across the globe. United States of America remains the only western democracy and one of the few democracies worldwide with death penalty. Nevertheless, capital punishment is still being employed in the world most populous nations of China, India, U.S.A, and Indonesia. Due to this, greater percent of the world population still live in regions where capital punishment is being practiced.

 

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ARGUMENTS IN SUPPORT OF THE DEATH PENALTY

One of the arguments put forward by proponents of the death penalty is that it gives closure to families of victims of criminals. It may take years to recover from the loss of a loved one. Even some family members may never fully recover. The finality of the death penalty gives such people a relief unlike the knowledge of the criminal in prison which continually haunts them. It is also argued that the death penalty serves as an appropriate form of retribution for certain crimes. It is believed that criminals should be made to suffer a fate as grievous as that of their victims.

Another argument is that of deterrence. Death penalty helps to check the activities of would be criminals. By virtue of this, populations are being protected from horrific crimes. Also, it serves as deterrent to criminals already serving a life sentence in penitentiaries. These criminals if not for the death penalty, will injure prison guards at will since they will have nothing to lose.

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In addition to this, prisoner parole can give prisoners another chance to kill. It is only death penalty that prevents the crime from happening again. Even if these criminals were sentenced to life imprisonment without parole and are confined to the walls of their penitentiaries, there is still the possibility of an escape. A man sentenced to livelong imprisonment from age 25 for example, would have limitless time to plan his escape and the chance at freedom will no doubt be enough motivation. On the occasion of such an escape, these criminals can go on a murder spree and societies will again suffer profound losses.

Also, death penalty helps reduce overpopulation in prison systems. Many prisons are already overpopulated. Stopping death sentences will only increase the strain on these facilities. Considering the huge amount of money the government uses to finance the facilities, is it really rational to be spending so much on hardened criminals who would be of no value to the state, when such finances can be diverted into education, health care and other profitable sectors of the economy? Moreover, the threat of death penalty helps in the plea bargain process. Many criminals will with the threat of death confess their crimes and in exchange beg for clemency in judgement.

 

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ARGUMENTS AGAINST THE DEATH PENALTY

Opponents of the death penalty believe capital punishment is the worst violation of human rights as the right to life is the bedrock of human rights and the death penalty continually violates it.  Capital punishment has been described as callous and inhumane in different quarters because prisoners on death row are made to endure years of psychological torture aside the physical abuse of the execution itself.

Human rights activists argue that death penalty is a form of revenge against offenders and revenge is not necessarily about social justice. It is not in any way better than taking an eye for an eye. Should human societies in this age be governed by such basal instincts? The prisoner’s family also suffers from seeing their loved one put to death by the state. What can be more wrong than trying to stop killings by killing criminals?

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People are at times convicted of crimes they never committed. Considering the finality of the death penalty, it should be abolished because many innocent people can be wrongfully executed. The case of Timothy John Evans: the 25 years old Welshman who was falsely accused of murdering his wife and daughter at their residence in London in 1950 and was consequently executed comes to mind. Who knows how many of such innocent people have been wrongfully executed for crimes committed by another?

Studies have shown that it is the lowly of society that suffers most from capital punishment. Aside the racial discrimination that permeates many judicial systems, the less privileged are usually unable to employ the services of experienced counsels and they are the ones that are likely to be sentenced to death. Judgements as irrevocable as the death penalty should be discouraged in such biased systems.

Many of the criminals in prisons are mentally ill patients who were either born with specific brain defects or were themselves victims of the society. Though it is unconstitutional to put a mentally ill patient to death, the rules can be vague and the judge needs to be convinced that the defendant is in fact mentally ill. As such, many a mentally challenged patient can be unjustly executed.

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Empirical evidence disproves some of the arguments of defenders of the death penalty. And those who want appropriate punishment to serve as a deterrent may be making a mistake. Many criminals commit crimes at the impulse of their emotions and only consider the consequences of their actions after havoc has been wrecked. Also, death may be too good for some murderers as their suffering is over in an instant, as compared to a life of solitary confinement in a maximum prison.  Many terrorists even look forward to being martyred by a death sentence.

The argument that death penalty deters crime is devoid of pragmatic realism. Nations that practice the death penalty like the United States do not have lower crime rates than countries like the United Kingdom where capital punishment has been abolished. These days, terrorists often act as suicide bombers and many will readily lay down their lives for the delusional reward of 72 virgins in the afterlife.

CONCLUSION

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Despite extensive research and judicious review of literature, I still cannot confidently proffer an answer to what the fate of death penalty should be. Though the humanism in me seems to agree that societies do not have the moral justification to take lives, that same humanism brings into consciousness the frailties of the human nature and the probable impossibility of creating a perfect criminal justice system.

In any case, I have no reservations whatsoever as regards condemning the practice of killing for offences such as adultery, sorcery, and apostasy. It is terrible, shameful, callous and the height of human cruelty. Such practices are not worthy of the most primitive of animals. If at all any society will preserve the use of the death penalty, it should only be for horrendous crimes that directly or indirectly lead to the loss of human lives.

 

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BY: OLUSOLA ADEYOOSE

Student at the University of Ibadan.

07055022044

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