Thursday, November 26, 2009

The death penalty

This is a speech I gave for class. I think it was quite good. So did some other people. Read it, enjoy, feel free to comment.

Death penalty- con

I think the death penalty should be abolished. Whether it's a firing squad, electric chair, gas chamber, lethal injection, or hanging, it's barbaric to allow state-sanctioned murder before a crowd of people. We condemn people like Saddam Hussein when they murder their own people while we continue to do the same. The 8th Amendment of the U.S. Constitution prevents the use of "cruel and unusual punishment". Many would interpret the death penalty as violating this restriction.

What exactly do we mean when we say “death penalty“? Capital punishment, also dubbed the "death penalty," is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person. In simple English, we are killing a killer.

Hence, there are many moral complexities of the death penalty.

Catholic Cardinal McCarrick, Archbishop of Washington, writes "...the death penalty diminishes all of us, increases disrespect for human life, and offers the tragic illusion that we can teach that killing is wrong by killing."

How can we use death as a lesson to others, to teach criminals not to kill? We teach young children that killing is bad. How then, can we condone the act of murder, even if we use it on someone who has committed murder himself?

As Catholic Sister Camille D’arienzo said, ‘all life, not only innocent life, is sacred.’ In addition, some people believe that to judge a man and put him to death is an attempt to play God. And since when is it our place to act as God? God grants us a certain amount of free choice, free will, and the power of judgment. We need to use it wisely and carefully. I don’t think it is man’s place to decide things such as life or death. That should be left entirely up to God.

In the Mishnah it states, “A Sanhedrin that puts a man to death once in seventy years is called destructive” (Mishnah, Makkoth 1:10).

In Jewish law it is permissible to use death as a form of punishment. But it was a very rare occurrence that they actually implemented it. And a beth din that did use the death penalty was considered to be corrupt.

Now we must ask: what purpose does the death penalty serve?

Is the purpose to remove from society someone who is incapable of rehabilitation? Is the purpose of the death penalty to deter others from committing murder? Is the purpose of the death penalty to punish the criminal? Is the purpose of the death penalty to take retribution on behalf of the victim?

These are all valid questions. The purpose may very well be the removal from society of someone who is incapable of changing his behavior. We cannot let a criminal loose, and let him kill again, can we? But what if this criminal repents, and he is no longer a threat? Where then, is our need to eliminate him?

The case of Stanley "Tookie" Williams illustrates this.

Mr. Williams, an author and Nobel Peace and Literature Prizes nominee who was put to death on December 13, 2005 by lethal injection by the state of California, brought capital punishment back into prominent public debate.

Mr. Williams was convicted of four murders committed in 1979, and sentenced to death.
Williams was the leader of a gang called the Crips. They were responsible for hundreds of murders. Circumstantial evidence against Williams left little doubt that he committed the four murders.

About five years after incarceration, Mr. Williams underwent a religious conversion and, as a result, authored many books and programs to promote peace and to fight gangs and gang violence. He was nominated five times for the Nobel Peace Prize and four times for the Nobel Literature Prize.

Mr. Williams' was a self-admitted life of crime and violence, followed by genuine redemption and a life of uniquely and unusually good works.
There also existed no doubt that Mr. Williams posed no further threat to society, and would contribute considerable good.

Therefore, carrying out the death penalty as his punishment seems detriment to our purpose. If the death penalty is used as a preventative method, to ensure that the defendant doesn’t commit anymore crime, we must bring the defense in Mr. William’s case, that he repented. He turned his life around in prison, and became a good person. Is that not what we want? And yet, he was needlessly killed.

Is the purpose to deter others from committing murder? To that we must answer: capital punishment causes contrary results. There is proof that in the days following an execution of a criminal on death row, there has been a raise in violent acts, not a drop. Because of the publicity of the death, criminals who are inclined to kill find more opportunity to do so. A public execution only serves to rile up society, and causes more deaths, not less. It does not, then, deter others from committing murder.

Some see death as the ultimate form of punishment. But this is not true. To a criminal who is facing a sentence of life in prison, death looks mightily good to him. Some inmates in prison try to kill themselves, as a form of escape from the hellish life they are living. Therefore, to make the criminal suffer to the utmost, we keep him alive, and make him live out the rest of his days locked in a cell. Physical bondage is not life at all. Death is an escape, whereas, a life sentence is punishment.

And what of our last argument, avenging the death of the victim? In Deuteronomy 32:43 it says, "Rejoice, O nations, with His people; For He will avenge the blood of His servants, And will render vengeance on His adversaries, And will atone for His land and His people." God will be the avenger. It is not up to man to avenge blood.

And to those who argue for the death penalty, seeing it as a form of closure to the families of the victim who was murdered, we answer him, by killing the killer, it does not bring the victim back, and all we are doing is eliminating another human being from this earth, whether or not he was a bad person.

There are lesser arguments that can be brought to argue for or against the death penalty, such as, the financial cost. One might think that an execution is costly. And although in the face of death, a discussion of money seems petty and irrelevant, here we have proof that it is cheaper to house a prisoner in jail for life, rather than kill him. One death sentence costs 2-5 times more than keeping that same criminal in prison for the rest of his life. Some prisoners sit on death row for 15-20 years, plus the cost of lawyers, and appeals, and legal procedures. Death is more costly.

And lastly, what about error? Is it not possible that we might come to kill an innocent person? Sure, we can never completely eliminate all uncertainty, but nowadays, it's about as close as you can get. DNA testing is over 99 percent effective. When a jury and a judge rule to put someone to death, they are almost 100% certain that he deserves to die for the crimes he committed. But while that is true, it should not be up to a jury of 12, and a human judge of flesh and blood, to decide the fate of a human life.

In the united states, this is a widely discussed topic. There are many people who are for the death penalty, and an equally great amount rallying against it, and to abolish it.

After all is said and done, I don’t think that the United States of America should use death as a form of punishment. We are a country that stands in front of the world, and everyone watches us to see what we will do. We should not send the message that to kill a killer is okay.

No more violence. No more death. Let’s end it now.

33 comments:

  1. Sometimes man is that instrument that G-d uses to avenge his people. Lets look at another public example of the death penalty, the nuremberg trials. Do you argue that the ten Nazis put to death then, didn't deserve it, and should have just been left to rot in jail, clearly most knew what they did was wrong, because almost all of them either killed themselves or cut and run, like Eichmann. Who, is to this date, the only known person put to death by Israel. Did he not deserve death? While there are cases where it may not be warranted, there are cases where it is. Of course, as bad as we feel we are in America regarding the death penalty, we are not as bad as China or Saudi Arabia or Iran in that regard either, so, lets keep it in perspective.

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  2. The only argument I agree with is that we shouldn't mete out the death penalty because it is possible to err in judgement that is based around logic and such.

    In theory if we would be one hundred percent sure than of course we should hand down the death penalty.

    Someone's repenting and turning their live around in prison means nothing. T'shuva isnt mchaper for murder without misa.

    You bring p'sukim which speak about Hashem being the avenger... yet you forget about those that specifically command us to carry out judgements.

    If I have time later I will write a counter-point to your article.

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  3. Daniel- theres the problem. Someone pointed out to me, that if I argue against the death penalty, that means no death at all, not only the ones I want to spare. But like you said, what about barbaric crimes that we know for a fact they committed? What if we had caught Hitler y''sh alive? Then I would wholeheartedly say, kill him, he doesnt deserve a trial. Now, is that not going against my whole essay I just wrote? Maybe, but how can you pick and choose? It should be either all, or nothing.

    And yet, when it comes to something so final as ending a human life, there is no logic involved. There should be, but it is impossible not to have emotions or prejudices involved.

    I wrote this. Now you made me think. I dont think I'm gonna change my point of view, but as you pointed out, its not as clear cut as I made it seem, or wanted it to be.

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  4. Very good.

    You've been doing some excellent blogging the last few weeks, but I hate commenting, so don't expect to hear much from me.

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  5. :) thank you. that means a lot to me. keep reading.

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  6. I happen to agree withyou that the death penalty is highly immoral (I'm probably more against it than you are). I think cases like Eichmann are extreme examples, and are thus red herrings/irrelevant. You're talking about the many people in jail throughout the world, some for killing. It also must be pointed out that the vast majority of those who end up getting killed are usually very poor and very black (i.e. the worst lawyers). How fair! Almost all states have moved on from the death penalty, as well as most civilized countries. Most of those yelling and screaming to preserve the death penalty are usually just rednecks and hicks who claim they believe in the Bible... The ones who usually are the most backward and racist (and often ant-Semitic, and I don't mean anti-Israel which is a different story) that probably wish all women were still out of the universities and boardrooms. They're people that would have been extremely comfortable in the 1700s--getting their heads sawed off by some patriot or other.

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  7. for such a heated topic... you should see what my friend has to say abt it on facebook. she is very pro the death penalty.

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  8. Oh, and it's one of my problems with religion, the Bible in particular. Sometimes, it um, clashes with morality. Maybe separation of church and state is a real necessity?

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  9. you think the bible clashes with morality? how so?

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  10. Well, it seems to imply that I'm worthy of the death penalty for not keeping the Sabbath. I like to think I have higher standards of morality than that.

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  11. dont tell me that, I'd feel very uncomfortable to have to stone you.

    I see what you mean. And all I can say is, G-d knew what He was doing, and I don't. I'm not gonna argue you on that point. Belief is a hard thing to argue. And so is morals, seeing as everyone has different standards.

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  12. Hey, I'm not looking for a fight, either...

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  13. There is no wrong in a controversial issue.

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  14. How you manage to keep everybody happy is beyond me...

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  15. :) it's really hard, but it must be done. Peace for the people!

    I try. thats why i hate arguments, cuz i dont like to take sides.

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  16. Great speech/post. I wasn't going to comment because of the embedded thing, but I think there are a few things that have to be said.
    About the Torah vs. morality thing... In a Torah-true lifestyle, Torah sets the moral code. It doesn't contradict; it creates.
    Regarding your arguments against the death penalty, a few things:
    1)Tookie never admitted that he committed those murders, and never apologized to the families of the victims. He may have been a better person, but I don't know if you could call him repentant.
    2)Even though you're right in saying that the execution doesn't bring the victim back, it still brings a sense of closure to the family, and will allow them to start the process of healing (and possibly) forgiving.
    3)The threat of death row allows prosecutors another bargaining chip...
    4)It somewhat avoids the inevitable killings that would occur if there were a whole bunch of killers sentenced to life. If they have nothing to lose...
    5)It makes it less likely that the real threats to society will escape and commit more crimes.

    I'm not necessarily pro-death penalty, but these are just a few points that I think you may have missed.

    Great blogging though, and I wish I was able to comment regularly...

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  17. three questions. first of all, did you choose con over pro, or was this your prompt? secondly, is this your opinion? many people enjoy arguing the other side of what they really hold. and finally, do you mind if I make some observations about your speech? I don't want to seem that I'm ripping it apart. It was very well written (said?).

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  18. lazeboy, thanks, some of what u said i found in my research. ill address it when i get a chance.

    yossi- i chose con. i chose the topic. we just had to write a persuasive speech.
    this is my opinion, correct.
    go ahead, rip it apart. its fine, i can take an argument, i wont take it personally. thanks for asking though.

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  19. a few points that I want to address:
    first off, you say that the death penalty is a violation of our protection from cruel and unusual punishments, since: "it's barbaric to allow state-sanctioned murder before a crowd of people".
    So you are saying you are against the death penalty, because it is done in front of people.
    Later on you give other reasons the death penalty is wrong, but your very first and supposedly strongest reason is that we let other people watch it. But if it was done without an audience, it would be fine? it would not be cruel or unusual?

    You said that the death penalty does not deter others from crimes, since there are statistics that show a rise in crime when there is the death penalty. I've also seen charts such as those I'm sure you researched.
    Which makes more sense:
    Because violent crimes could be punished by death, this sparks more crime? Or:
    Because there are violent crimes being committed in the state, the death penalty was put into effect?

    The reason states opt for the death penalty is because of the violence and murder its citizens commit. The states with the death penalty have higher rates of murder, not because the death penalty was put into effect, but because the people are more violent than in other states, and therefore they made the death penalty!

    You brought from yiddishkeit how a sanhedrin which kills once in 70 years is called destructive. You then took this and said that such a sanhedrin was 'corrupt'.
    Destructive and corrupt are very different.
    It's true obviously, how much we value human life in Judaism...
    But just because the sanhedrin is 'destructive' is not necessarily a bad thing, and for sure it doesn't make them corrupt.
    'Destructive' is sometimes necessary, and is not a sign of evil. You mentioned hitler ymach shmo, in a comment. To destroy him and his army- would that be bad? Even simpler: to destroy a dilapidated building in order to build a better one: is that destruction bad? Killing is a destructive act, everyone knows that. So a sanhedrin that kills is destructive. That doesn't make it evil or corrupt.

    of course, there's the subject about tshuva in yiddishkeit. Even if we are positive a person did tshuva, we still kill him. hashem gave us the torah with clear instructions on how to deal with the law and punishments. Tshuva is between the criminal and Hashem. If he doesn't want to be chayiv bidei shamayim, he can fix that. But he can't change his hischayvus for beis din l'matah.
    This also would debunk your proof from that sister who said that taking life is only in G-d's hands, it wasn't placed in ours, or something like that.
    Hashem did put it into our hands.
    You said, "It's not up to man to avenge". That's not true at all. in the Torah it says clearly about the laws for taking vengeance on someone who killed a relative, etc., besides for the laws of beis din to kill a person...


    those are the things that came to mind as I read it.

    But again, either side could be fought and debated about. You did a great job.

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  20. yossi- just for this post, i should have suspended comments. Of course, I value everyones opinion, but now i think ill just nod my head and say, uhu.

    thanks.

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  21. sheesh. sorry. did you read my comment at least?

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  22. I read it, Yossi. It's a good thing supper was a few hours ago, or I don't want to think what might have happened.

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  23. my comment would have made you lost your appetite? is that what you're saying?

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  24. oh, come on. I brought up some valid points on her arguments. I know it was long, but nobody here is a four year old that I need to cut it up in little bite-sized pieces

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  25. yossi, i did read it. i will comment on it if u wish, im just busy now. but dont worry, im not a 4 year old that needs bite sized pieces.

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  26. nah, don't bother commenting. it's an argument that will last forever. I just wanted it to be read, that's all.

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  27. :) thanks, that makes it easier on me. just know, i read all the comments, i just dont always comment.

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  28. Goodness. Of course she read it. The question is, though, whether it was *worth* reading.

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  29. hey hey hey, yo, everyones opinion is worth reading and hearing, even if it may be contrary to your views. i always say, an opinion cant be wrong, which may or may not be true. but everyone has a right to voice it.

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  30. Altie, I wasn't trying to change your opinion, I just wanted you to think, in that case, mission accomplished. OTD, while you may be chaiv Misa for breaking the Sabbath (along with my entire family btw), it would be very hard to actually mete out that punishment, since you would need to be warned, and verbally acknowledge the warning and verbally say you were disregarding it, etc. Therefore, even you are probably safe, while the Torah does allow for the death penalty, as Altie pointed out, to actually carry out the DP would be extremely difficult, and hard to do. Truly, I wish it was harder to carry out the death penalty here, but it is what it is, and I rather have the kind of system we have now, then no death penalty. Also, OTD, you mentioned that Eichmann was an extreme case, a red herring if you will, what about the beltway sniper, was he also an extreme case, because we also put him to death, what about Bin Laden, what constitutes enough "red herrings" that it becomes the norm. While I agree that we need to not use the death penalty as liberally as we do in this country, or else we risk moral decay, ala the Romans, but still we are not as bad as some other countries, like Saudi Arabia, where the death penalty, is carried out for far lesser crimes than it is here, and where executions are done in the public square.

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  31. Daniel, so because the death penalty is not carried out in jewish law for breaking shabbat, or is "extremely difficult, and hard to do" - it is moral?

    Here is my question, whats the point of the death penalty? Even in the Nurmeburg case? So we feel better? revenge? a deterent for others?

    bankman

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  32. Well, since the death penalty is in the Torah, and the Torah is the source of morality, than yes the death penalty is moral. As for what is the point of the death penalty, that I couldn't tell you, not even from a human perspective, I don't know why we put the Nazis to death at Nuremberg, nor do I particularly care, I still think it was the right decision.

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