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Reasons the Death Penalty should be abolished

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By barryrutherford



 

First and foremost the death penalty is a barbaric act of murder.

We teach our children very early on that two wrongs do not make a right.

The crime of murder carries our harshest of sentences such is our disdain for the act Yet the death penalty is nothing more than murder carried out in a cruel and calculated manner by the state..

The death penalty is contrary and in violation of Human rights norms. This-is not a new phenomena with China having previously abolished the death penalty between 1747 and 1759. The modem abolition movement was inspired by ItalianCesare Beccaria in his work Dei Delitti e Delle Pene.On Crimes and Punishments published in 1764.

Cesare argued that not only was the Death Penalty an injustice of itself but a futile exercise.

Cesare's work inspired a Movement based on Human-Rights that led to the first nation's abolishing the Death penalty in modem times. They were the Roman Republic in 1849, Venezuela in 1863 and Portugal in 1867. Even earlier in 1786 then independent Tuscany abolished the death penalty and the date 30th November marks an annual holiday to-celebrate the event.

Following the Second World War a new era of Human Rights and International Law sought first to layout the foundations of Human Rights (UDHR, 1948), to move towards country by country Moratorium's and later in 1966 (International Covenant on Civil and Political Rights) and 1990 (Second Optional Protocol to the International Covenant on Civil and Political Rights) to Universally abolish the Death Penalty.

The mere fact that the Death Penalty is by nature irreversible also raises a number of other issues.

Firstly that judges and juries do make mistakes. Studies around the globe have shown that the error rate is unacceptably high and indeed this was one of the crucial factors that led Governor Ryan of Ilinois in 2003 to mandate the end of all executions in his state after a lengthy commission into the practise. It found not only error in the state's system that saw innocent men sent to Death Row, but also factors of race, Geographic and Socio-economic factors playing a role in who did and didn't receive the death penalty. The error rate right across the USA has' been called into question with endless death row inmates being released up to 20 years after their conviction with DNA evidence proving their innocence.

The fact that many of these inmates had had little to no Legal Representation including Lawyers who slept through their triaI. Lawyers who were using drugs or alcohol to excess during the trial, Lawyers who had been disbarred, police and expert witnesses who had latter admitted to 'lying under Oath', Forced and falsified confession and a host of errors that bring the entire system of trying capital cases into disrepute and place unquestionable reasons as to why a moratorium right across the USA for the reasons alone is required.

Also prevented and rendered impossible by the Death Penalty is the idea of correction and rehabilitation.

One of the ideals behind the prison system is to correct the problem. That being to ensure that when returning to Society the individual convicted of that crime doesn't re-offend. Rehabilitation is meant to play a large part in why an individual is incarcerated and as well as lengths of punishment, parole is primarily judged on record, behaviour and the rehabilitation of the Prisoner. The ideals that drive this system are the giving of a second chance, the ability of all individuals to change aid the desire for those who have wronged society to play a positive and contributing role upon their return. Rehabilitation programs are an important part of any correctional facility. This for obvious reasons is not available to death row inmates. Despite this there are countless cases of & Death-Row inmates changing their ways in prison. .

It is often wrongly stated that the Death Penalty is a deterrent and is required in order that this phenomenon occurs.

This argument has been dis-proven many times.

Again the comprehensive studies across the USA have shown just how ludicrous this argument is.

States that do not have the death penalty have much lower rates of violent crime, particularly rape and murder as Compared to those states that maintain and utilise the death penalty such as . Texas. In fact no definitive study has ever proven that the death penalty is effective as a deterrent.

As many nation's reintroduced or recommenced Executions to curb climbing crime-rates those Crime-Rates, particularly Drug offences continued to climb.

The Death Penalty is also even less effective at protecting society as its proponents claim it to be. Life imprisonment is just as effective at preventing the offender from committing a crime again and doesn't require a nation to sanction its own acts of immoral and inhumane behaviour by murdering the criminal. The upholding of a moral code and human rights even in cases of-brutal crimes shows an unwavering support for human rights by the state that reinforces that states commitment to end ALL crimes against humanity. That is to prevent crimes committed against the state and it's people as well as crime's it itself may commit.

Make no mistake, the Death Penalty is very rarely swift and even on rarer occasions is it clean.

From hangings that result in decapitation, to firing squads forced to reload. and try again after a poor shot, to lethal injections that take more than 40 minutes to finally stop the trashing victim and end their life.

There is absolutely no moral high ground in torturing a human being to death, even if it is dressed up in a thin veil of justice.

Finally I oppose the death penalty because I believe all and any killing of human beings is inherently wrong. Just as I oppose all acts of violence whether they be murders carried out by an individual, to acts of war by states and terrorist organisations, I am opposed to the killing of a criminal When the crime is one not involving murder such as the trafficking of drugs not even the vengeful code of an "eye for and eye" can justify the ultimate -penalty.

When factors such as those that I have mentioned above are combined with this inherent opposition to killing it stands to reason that I oppose the death penalty without exception.

When the death penalty is administered by systems and Governments that are often corrupt and contain racism, issues of discrimination against the poor, the mentally ill, religious minorities, women and children it cannot be allowed to continue and must be abolished.

Cases spanning thousands of years show the injustice oft the death penalty and the crime of Execution.


From the death sentence and subsequent execution of Socrates, the founder of western thought, for the crime of inspiring others to think.To 2004 case of Atefah Sahaaleh who was executed at the age of 16 in Neka, Iran. Her crime was being raped by a 51 year old man and her confession to this "crime" was extracted under duress.

Any system that publicly hangs, and Murders a young girl for being raped in an attempt to bring justice to Society is a system I oppose!

But all is not as stated earlier the Abolition Movement is not new and it has swept the majority of the World.

The notable exceptions being United States and the majority of South East Asia.

The last ten years has seen a renewal of the commitment by nations who themselves oppose the Death Penalty to push nation's who still utilise the death penalty to end the punishment. Indeed this is exactly what many International Agreements and Conventions have called for. Across the majority of Africa most Countries have moved into a position of Abolitionist de-facto. While states such as South Korea, the Philippines and Kyrgyzstan have extended their moratoriums.

It is up to nation's like Australia and its people to work with all the nation's of the world to end the practise once and for all. Country by country this is possible and the above has highlighted just some of reason's why nation's must take this stance. Here in Australia we must push our own government to do more on the International stage to speak out against the Death Penalty and work particularly hard in our own region for abolition. Further more Australian law enforcement officials must never be allowed to participate in cases that will see potential execution's

It is simply not good enough for our own Government to oppose the Death Penalty here and maintain an Abolitionist stance. They should as Representatives of free people work to end a human rights abuse that doesn't recognise borders. However nothing will remind us more of our success or failure as a nation in this regard if six young Australian's are allowed to be murdered by one of our nearest neighbours with.a single gun shot that May or may not kill instantly a young human life, full of potential...

Reasons the Death Penalty should be abolished in the News

  • Cheatham: A fight for lifeThe Topeka Capital-Journal4 days ago

    Phillip Cheatham believes he will be exonerated in the slayings that put him on death row. If not, he isn't afraid to die. read more

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Comments

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barryrutherford profile image

barryrutherford  says:
17 months ago

Over to you hubbers for your comments !

CJStone profile image

CJStone  says:
17 months ago

Well said, Barry, a well-written and impassioned hub, written with clarity and conviction. I hope other hubbers agree with you.

Marian Swift profile image

Marian Swift  says:
17 months ago

This hubber does! Thank you, Barry.

barryrutherford profile image

barryrutherford  says:
17 months ago

Thank's for your comments !

barryrutherford profile image

barryrutherford  says:
16 months ago

Interesting that today President George W. Bush sanctioned the Execution of asolider for the first time in 35 years I think !

jamancoleman  says:
12 months ago

this is the best info site on the web 4 DeathPenalty!!!!!!!!!!!! :)

Alexis Myres  says:
12 months ago

Just a question. But has this ever personally effected you? My mother was killed 7 years ago, I just don't understand why he should get to breathe when she doesn't.

barryrutherford profile image

barryrutherford  says:
12 months ago

Alexis, Unfortunately I dont think my words will give you a satifactory answer to your loss. The loss of a very close relative is always painful, more so when you know deep down it was avoidable...I suspect 'he' will be grieving the dreadful actions that he took. I doubt that his death would give you any solace going on the experiences of other victims where the perpetrator has been executed...

kind regards

barry.

John  says:
11 months ago

Death penalty is for those of us in society who have no respect for human life. If you are willing to Kill somebody why should you live. Why should you have the right to breath who knows the state might even save some lives in prison by keeping some murders of the streets and out of prison. YOU are born with the right to live if anybody takes this right from you they have showed us that they have no respect for any RULES/LAWS. No offence prison is not as bad as being dead. People who kill deserve the same punishment. Eye for an eye and a tooth for a tooth. True we teach our children this basic concept but we are not dealing with children we are dealing with adults. If an Adult can't grasp the concept that killing is bad then he is past the point where he is able to learn. The concept works to teach our youth that fighting is bad and forgive and forget. We are not dealing with a petty issue we are dealing with something that is impos. to get back the Human life of an innocent person. Killing somebody does not bring that person back but it insures that a person that is willing to kill stays out of prison and off the streets where there are security gaurds/other inmates who's lives could be at risk due to being exposed to people who have proven them selfes

Richard  says:
11 months ago

The death penalty is for those of us who believe that some people are so evil that they should not be allowed to waste space on this planet. We allow people to abort an innocent baby, but allow an evil worthless animal to live. What sense does that make. Just more brain dead liberal babble. Send them to God so he can judge them, if they are innocent they will centainly be in a better place than prison.

Texas Outlaw profile image

Texas Outlaw  says:
11 months ago

I enjoyed!!!!

acanderson24 profile image

acanderson24  says:
3 weeks ago

First let me say thanks for visiting my hub...The Death Penalty is a very touchy subject. One of the comments here said if you kill them and they are innocent, they will at least be in a much better place than prison. Wow!! Human error is the reason that the death penalty should be abolished. Personal feelings and natural emotions of sympathy, and the fact we have to find someone in a "horrible" crime opens up too much room for mistakes.

christalluna1124 profile image

christalluna1124  says:
2 weeks ago

Barry, Excellent article!!! I totally agree with you. I am also familiar with "Cesare." I am a former corrections officer in Texas 25 years and believe me it is full of injustice. Our Gov. Is death penalty happy. Are you familiar with the execution of "Cameron Todd Willingham" here. The Gov. knew he was innocent and refused a 30 day repreive. It would have cost the state feeding him for 30 more days but it cost "Cameron" his life. Your article was passionate, heartfelt, and a variety of reasons the death penalty should be abolished. The commandment "Thou shall not kill" does not differentiate between murder by an individual or the state. Murder is Murder. Period.

Warmest regards and looking forward to your next article.

Christal

Miss Belgravia profile image

Miss Belgravia  says:
17 hours ago

Excellent hub. Thanks for your support on the forum about executing pedophiles! I live in Texas, and my views are sometimes unpopular among my fellow citizens, as you might imagine.

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