2012년 6월 9일 토요일

Final step for the argumentative essay. I changed my position


Do Hyun Lee
Professor Garrioch
English Writing
9 June 2012

Do we really need a death penalty?
             Death can be defined as the final stage of one’s life. This ending stage can be natural, brutal or even decided by other people. What we have to argue is whether human kinds have authority or power to determine other humans’ end of lives. I believe that human kinds do not have any rights to decide other people’s life. But in reality, there exists a situation called “Death Penalty” which gives end to ones’ lives. I oppose to death penalty, not only because human kinds do not have any rights but also the costs and the fallacy of death penalty.
             Death penalty is waste of the tax revenue and the time. Until a man to be sentenced “Death,” there are many trials until the person who was sentenced death exhausts all his appeals. Most of the appeals are fruitless and those are just performed to delay and reduce the penalty. The recent study by Professor James Liebman found that over 2/3 of death penalty cases are overturned on appeal. And when these cases are retried, over 80% of the defendants receive a sentence of less than death. There is DNA testing which is needed to prove that the suspect is a definite criminal. According to the study form Duke University, it estimated that death penalty trials take 3 to 5 times longer than typical murder trials. “Time” is wasted due to fruitless trials.
             Also the financial cost of the capital trials which determines death penalty are six times costly than other murder trials. In Kansas, for example, a capital trial costs $116,700 more than an ordinary murder trial. This kind of problem is also existed in California. So the California Commission on the Fair Administration of Justice made a report to show public that the death penalty is waste of money: “The report stated that the state was spending $137 million per year on this failed system and that $95 million per year more was needed just to lessen the backlog of cases. That would amount to spending $232 million per year where executions have averaged less than one per year. The Commission estimated that a comparable system that sentenced inmates to a maximum punishment of life without parole would cost only $11.5 million per year.”
It is because of complex pre-trial motions, lengthy jury selections, and expenses for the witnesses. Like these there are financial costs for death penalty. According to Norman Kinne, Dallas Country District Attorney, “I think maybe we have to be satisfied with that as opposed to spending $1 million to try and get them executed.”
             Also the death penalty is irrevocable; a dead person can’t revive again. So when juries or judges should be very careful to decide death sentences. But, there are some innocent people who are “murdered” because of this “death penalty.” There are, on average, four entirely innocent people convicted of murder a year and most are convicted of the death penalty. There are hundreds of places where a murder trial can be erroneous. If innocent people die due to false charges, who and how will compensate to the people who died? Not only the people who died, there will be disadvantages to the families or relatives of the people. Who and how will compensate to them? There are some cases that some people who were firstly charged as “murder” were later found “innocent.” For example, Leonel Herrera in 1993 was charged for murdering and actually sentenced “death penalty.” But later it was found that Leonel Herrera is actually “innocent.” According to Chief Judge Rakoff, “Given the number of DNA exonerations in cases of wrongful convictions”, and he admits that there are wrong convictions.
             Some might argue that death penalty is needed for social benefit, which reduce murdered or harmed civilians by criminals. The logic of the people who agree with death penalty is this: death penalty is 100% effective in preventing a murder from killing again and criminals will fear death that will reduce crime. But it is wrong. It is found from the research that the death penalty does not really affect the crime rate:These new studies [that claim a new evidence supports the conclusion that capital punishment has a positive deterrent effect] are fraught with technical and conceptual errors: inappropriate methods of statistical analysis, failures to consider all the relevant factors that drive murder rates, missing data on key variables in key states, the tyranny of a few outlier states and years, and the absence of any direct test of deterrence. These studies fail to reach the demanding standards of social science to make such strong claims, standards such as replication and basic comparisons with other scenarios. Some simple examples and contrasts, including a careful analysis of the experience in New York State compared to others, lead to a rejection of the idea that either death sentences or executions deter murder.
             And there are some researches that state higher execution rates may actually increase violent crime rates. In California, the average rate of execution was 6 during a year from 1952 to 1967. In this time era, the crime rate was twice than the period from 1968 to 1991 when there were no executions. This kind of phenomenon is also shown in New York from 1907 to 1964 when the execution was performed.
             Death penalty was prevalently performed in the past and now it has been decreased. It is hard to find countries that still maintaining death penalty. There are many reasons—as I listed above—that death penalty is unreasonable and inefficient. And the arguments from the people who agree on death penalty are not logical or proved false. So I oppose to death penalty that steal someone’s lives unfairly and unjustly.
            



Work Cited

Richard C. Dieter. “Nevada Advisory Commission on the Administration of Justice”
             Web. 7. July. 2008

Adam Liptak. “Does Death Penalty Save Lives? A New Debate” NY Times. 18. Nov. 2007


Richard C. Dieter. “What Politicians Don't Say About the High Costs of the Death Penalty”
             <http://www.fnsa.org/v1n1/dieter1.html>

Benjamin Weiser. “A Legal Quest Against the Death Penalty; Chance of Error Is Too Great, Even for        a Murder Victim's Brother” NY Times. 2. Jan. 2005

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