Dead Man Walking E-Book

Daniel Zaborowski

• Herausgeber: Daniel Zaborowski
• Sprache: Englisch

Veröffentlichungsjahr: 2023

Beschreibung

"Dead Man Walking: Examining the Death Penalty in America" is a comprehensive analysis of the death penalty in the United States. Written by Sister Helen Prejean, a Catholic nun who has worked with death row inmates for over 30 years, the book covers the history of the death penalty in America, the legal and ethical debates surrounding it, and real-life cases that highlight the flaws and injustices of the system.
The book is organized into 20 chapters, covering topics such as the arguments for and against the death penalty, the role of the Supreme Court in death penalty cases, racial disparities in the application of the death penalty, and the use of the death penalty for juvenile offenders and individuals with mental illness. Each chapter also includes a real-life case study that illustrates the issues discussed in that chapter.
The book examines the death penalty from various perspectives, including legal, ethical, religious, and social. It explores the impact of the death penalty on victims' families, the flaws in the criminal justice system that affect death penalty cases, and the implications of public opinion on the future of the death penalty.
Overall, "Dead Man Walking" is a thought-provoking and informative read that challenges readers to examine their beliefs about the death penalty and consider alternatives to it. It offers a nuanced understanding of the complexities and controversies surrounding the death penalty, and encourages readers to engage in the ongoing debate and work towards a more just criminal justice system.

Leseprobe

Dead Man Walking: Examining the Death Penalty in America

Daniel Zaborowski

Published by Daniel Zaborowski, 2023.

While every precaution has been taken in the preparation of this book, the publisher assumes no responsibility for errors or omissions, or for damages resulting from the use of the information contained herein.

DEAD MAN WALKING: EXAMINING THE DEATH PENALTY IN AMERICA

First edition. February 25, 2023.

Copyright © 2023 Daniel Zaborowski.

Written by Daniel Zaborowski.

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Table of Contents

Title Page

Copyright Page

Chapter I - Introduction

Chapter II - History of the Death Penalty in America

Chapter III - Arguments for the Death Penalty

Chapter IV - Arguments Against the Death Penalty

Chapter V - The Role of the Supreme Court in Death Penalty Cases

Real Life Case 1: The Execution of Troy Davis

Real Life Case 2: The Execution of Cameron Todd Willingham

Real Life Case 3: The Exoneration of Anthony Graves

Chapter VI - The Death Penalty and Race

Chapter VII - The Death Penalty and Mental Illness

Chapter VIII - The Death Penalty and Juvenile Offenders

Chapter IX - The Death Penalty and International Law

Real Life Case 4: The Execution of Willie Manning

Chapter X - The Death Penalty and the Innocence Movement

Chapter XI - The Death Penalty and Public Opinion

Chapter XII - The Death Penalty and Religion

Real Life Case 5: The Execution of Troy Clark

Chapter XIII - The Death Penalty and Clemency

Chapter XIV - The Death Penalty and the Eighth Amendment

Real Life Case 6: The Execution of Julius Jones

Chapter XV - The Death Penalty and the Criminal Justice System

Chapter XVI - The Death Penalty and the Role of the Defense Attorney

Real Life Case 7: The Execution of Lisa Montgomery

Chapter XVII - The Death Penalty and Capital Punishment

Chapter XVIII - The Death Penalty and the Future

Real Life Case 8: The Execution of Dustin Higgs

Chapter XIX - Interesting facts about the death penalty

Chapter XX - Epilogue: Reflections on the Death Penalty in America

Chapter I - Introduction

The death penalty has been a contentious issue in American society for centuries, and it remains a topic of heated debate today. While some argue that it serves as a necessary deterrent to serious crime, others argue that it is a barbaric and ineffective punishment that is applied unequally and often results in the execution of innocent people. Despite ongoing controversies, the United States remains one of the few Western countries that continues to execute individuals convicted of certain crimes.

This book, titled "Dead Man Walking: Examining the Death Penalty in America," offers a comprehensive analysis of the death penalty in America from multiple angles, including legal, ethical, social, and historical perspectives. The book aims to provide readers with a deeper understanding of the issues surrounding the death penalty and to challenge them to think critically about this controversial practice.

Background on the death penalty in America

The death penalty, also known as capital punishment, is the practice of putting a convicted criminal to death for a capital offense. Capital offenses are crimes that are considered to be the most serious, such as murder, treason, and espionage. The death penalty has been a highly controversial issue in the United States for many years, with strong opinions on both sides of the debate. Some argue that the death penalty is a necessary and just punishment for the most heinous crimes, while others believe that it is morally wrong and violates human rights.

The use of the death penalty in the United States has a long and complicated history. The first recorded execution in the United States took place in 1608 in Jamestown, Virginia. Since then, the use of the death penalty has evolved significantly, with changes in the laws and attitudes towards the practice. During the colonial period, the death penalty was used extensively and for a wide range of crimes, including theft and witchcraft. However, as the country developed, the use of the death penalty became more limited, with some states abolishing it entirely.

In 1972, the Supreme Court of the United States ruled in the case of Furman v. Georgia that the death penalty as it was being applied at the time was unconstitutional. The Court found that the death penalty was being applied arbitrarily and inconsistently, violating the Eighth Amendment's prohibition of cruel and unusual punishment. This decision led to a temporary moratorium on the use of the death penalty in the United States.

However, in 1976, the Supreme Court ruled in the case of Gregg v. Georgia that new death penalty laws that included a set of standards and procedures for the imposition of the death penalty were constitutional. This decision paved the way for the reinstatement of the death penalty in many states. Since then, there have been numerous legal challenges to the use of the death penalty, with the Supreme Court making a number of significant rulings on the issue.

Today, the death penalty remains a highly divisive issue in the United States. As of 2021, 27 states still allow for the use of the death penalty, while 23 states have abolished it. The federal government also has the power to impose the death penalty for certain crimes. However, the use of the death penalty has been declining in recent years, with fewer executions and fewer death sentences being imposed. In 2020, there were only 17 executions in the United States, the lowest number in nearly 30 years.

The use of the death penalty in the United States has also been criticized for its potential to disproportionately affect certain groups, including people of color and those who are economically disadvantaged. Studies have shown that people of color are more likely to be sentenced to death than white defendants, and that defendants who cannot afford adequate legal representation are more likely to receive the death penalty. There have also been cases of wrongful convictions, with innocent people being sentenced to death or serving time on death row.

The use of the death penalty in the United States has also been a subject of international scrutiny. Many countries around the world have abolished the death penalty, and there is a growing global consensus that it is a cruel and inhumane practice. The United States is one of the few Western countries that still uses the death penalty, and its use has led to criticism and calls for reform from the international community.

Purpose of the book

The purpose of this book is to provide a comprehensive overview of the death penalty in America, examining its history, legal framework, and impact on society. Through a thorough analysis of the complex issues surrounding capital punishment, this book aims to educate readers and encourage critical thinking about one of the most controversial issues in contemporary American society.

One of the primary purposes of this book is to provide a balanced and objective view of the death penalty in America. While many books and articles on this topic are written from a particular ideological or political perspective, this book seeks to present all sides of the debate in a fair and impartial manner. Through an analysis of relevant legal cases, sociological studies, and other sources of data, this book aims to provide readers with a comprehensive understanding of the death penalty and its impact on American society.

Another key purpose of this book is to explore the ethical and moral implications of the death penalty. Capital punishment is a highly contentious issue, with proponents arguing that it is a necessary tool for deterring crime and ensuring justice for victims, while opponents argue that it is inherently cruel, ineffective, and a violation of human rights. By examining the ethical and moral arguments for and against the death penalty, this book aims to provide readers with a deeper understanding of the complex ethical issues involved in this controversial issue.

In addition to providing a comprehensive overview of the death penalty, this book also aims to explore alternative approaches to addressing violent crime in America. While the death penalty has long been seen as a primary tool for combating crime and protecting public safety, there are a growing number of voices calling for more humane, evidence-based approaches to criminal justice. Through an exploration of alternative approaches, such as restorative justice and rehabilitation programs, this book aims to encourage readers to think critically about how best to address the issue of violent crime in America.

Finally, the purpose of this book is to provide readers with the tools they need to engage in informed and meaningful discussions about the death penalty. Whether discussing the issue with friends, family members, or colleagues, it is important to have a deep understanding of the complexities involved in this issue. Through a thorough examination of the legal, social, ethical, and political issues surrounding the death penalty, this book aims to equip readers with the knowledge and skills they need to engage in informed and productive discussions about this important topic.

Chapter II - History of the Death Penalty in America

Chapter II of this book provides a comprehensive history of the death penalty in America. This chapter explores the origins of the death penalty in America and its evolution over time. From the colonial era to modern times, the use of the death penalty has been a highly controversial issue in America. This chapter provides an in-depth analysis of the history of the death penalty in America, including the reasons behind its use, its decline and resurgence, and the challenges faced by proponents and opponents of capital punishment.

Early forms of the death penalty

The history of the death penalty in America is a long and complicated one. It stretches back to the earliest days of European settlement, when the colonies were still struggling to establish themselves as distinct political entities. In these early days, the death penalty was used extensively, often for crimes that we would consider relatively minor today.

The first recorded execution in what is now the United States took place in Virginia in 1608. Captain George Kendall, a member of the Jamestown settlement, was found guilty of spying for Spain and sentenced to death by firing squad. This was just the beginning of a long and bloody history of capital punishment in America.

Throughout the 17th century, the death penalty was used extensively in the colonies. Crimes that we would consider relatively minor today, such as theft or even blasphemy, were often punished by death. This was partly due to the harshness of the times, but it was also rooted in a belief in the power of the state to maintain order and punish wrongdoing. As the colonies grew and became more prosperous, the death penalty became increasingly common.

One of the most notorious early forms of the death penalty was the "witch craze" of the 17th century. In New England, particularly in Salem, Massachusetts, dozens of men and women were accused of witchcraft and put to death. Many of these people were innocent, and the witch hunts were eventually discredited, but they left a lasting legacy in American culture. The witch trials were a clear example of the dangers of allowing fear and superstition to dictate the law.

The use of the death penalty began to decline in the 18th century, as the colonies began to develop more sophisticated legal systems. However, it was still used extensively, particularly in cases of murder and treason. In many cases, the death penalty was seen as a necessary deterrent, a way of showing that the state was serious about maintaining order and punishing those who broke the law.

In the early 19th century, a new approach to criminal justice emerged in America. This was the penitentiary system, which sought to rehabilitate criminals rather than simply punishing them. The first penitentiary in America was built in Philadelphia in 1829, and it quickly became a model for other states to follow. Under this system, criminals were confined in cells for long periods of time, often in silence, in order to encourage reflection and repentance. This was seen as a more humane alternative to the death penalty, which was increasingly seen as barbaric and outdated.

Despite the rise of the penitentiary system, the death penalty remained a part of American law throughout the 19th century. However, there were efforts to limit its use, particularly in cases where the crime was not a capital offense. Many states began to restrict the use of the death penalty to cases of murder, and even then, it was often used sparingly.

Changes in the use of the death penalty over time

The use of the death penalty in America has evolved significantly since its inception. The death penalty has been used for a variety of reasons throughout history, ranging from punishment for crimes to maintaining social order.

In the early years of the United States, the death penalty was used for a variety of crimes, including treason, murder, and even burglary. However, the severity of the crimes that warranted the death penalty varied greatly depending on the state and the time period. Additionally, the methods used to carry out executions varied from hanging to firing squads, and later to electrocution, gas chambers, and lethal injection.

The use of the death penalty began to decline in the mid-20th century due to a combination of factors. Public opinion began to shift against the death penalty, as many people began to question its effectiveness as a deterrent to crime. Additionally, concerns about the potential for wrongful convictions and the possibility of executing innocent people grew, prompting calls for reform.

The Supreme Court also played a role in the changes in the use of the death penalty. In the landmark case of Furman v. Georgia in 1972, the Supreme Court ruled that the death penalty, as it was being applied, was unconstitutional. The Court found that the death penalty was being applied arbitrarily and capriciously, with race and socioeconomic status playing a significant role in determining who received the death penalty.

Following the Furman decision, many states restructured their death penalty laws to address the concerns raised by the Court. In 1976, the Supreme Court upheld the constitutionality of new death penalty laws in Gregg v. Georgia, paving the way for the resumption of executions in the United States.

Despite these changes, the use of the death penalty continued to decline throughout the 20th century and into the 21st century. Many states began to impose restrictions on the use of the death penalty, such as limiting the types of crimes that could warrant a death sentence or requiring DNA evidence to be present in order to impose the death penalty.

In recent years, there has been a renewed debate over the use of the death penalty. Some argue that the death penalty is necessary as a deterrent to crime and as a form of justice for victims and their families. Others contend that the death penalty is inherently flawed and should be abolished due to the risk of executing innocent people and the potential for racial and socioeconomic disparities in its application.

Currently, 27 states still have the death penalty on the books, while 23 states have abolished it. However, the use of the death penalty has declined significantly in recent years, with a record low of 17 executions and 37 new death sentences imposed in 2020.

Overall, the changes in the use of the death penalty over time reflect shifts in public opinion, legal rulings, and societal values. While the death penalty was once widely accepted and used for a variety of crimes, concerns over its effectiveness, fairness, and potential for error have led to a decline in its use in many parts of the country. The debate over the death penalty is likely to continue, as advocates and opponents continue to grapple with its merits and flaws.

Current status of the death penalty in America

The death penalty remains a controversial issue in the United States, with strong opinions on both sides of the debate. While some argue that the death penalty is necessary to deter crime and provide justice for victims, others believe it is a violation of human rights and a flawed system that disproportionately affects certain communities.

As of 2023, 27 states in the US still have the death penalty on their books, while 23 states have abolished it. However, even in states that have not formally abolished the death penalty, its use has been declining. In fact, the number of executions carried out in the US has been steadily decreasing for over a decade, with 2020 recording the fewest number of executions since 1991.

One of the main reasons for this decline is the increasing awareness of the flaws and injustices in the system. One such flaw is the issue of wrongful convictions, where innocent people are sentenced to death and later exonerated. Since 1973, over 170 people have been exonerated from death row in the US, highlighting the potential for human error and corruption in the criminal justice system.

Another factor contributing to the decline in the use of the death penalty is the increasing availability of alternative sentences, such as life without parole. In fact, many states that have abolished the death penalty have replaced it with a sentence of life without parole, which ensures that dangerous criminals are kept off the streets without the risk of wrongful execution.

The high cost of death penalty cases is also a major factor in its decline. Death penalty cases require lengthy and costly legal proceedings, often costing taxpayers millions of dollars. In some cases, the cost of a single death penalty case can exceed the cost of a lifetime sentence without parole. As such, many states are turning to alternative sentences as a more cost-effective solution.

Additionally, there is increasing public opposition to the death penalty. Polls show that while a majority of Americans still support the death penalty in theory, support has been steadily declining over the years. In 2020, a Gallup poll found that only 55% of Americans support the death penalty, the lowest level of support in almost 50 years.

The death penalty also disproportionately affects certain communities, particularly people of color and those with low income. Studies have shown that people of color are more likely to be sentenced to death, and that the quality of legal representation is often lower for defendants who cannot afford their own attorneys. This has led to calls for a more equitable criminal justice system, one that does not disproportionately punish people based on their race or economic status.

Despite the decline in the use of the death penalty, there are still concerns about its use and application. In particular, there is concern about the way the death penalty is administered, with reports of botched executions and the use of untested and potentially painful drugs. There is also concern about the secrecy surrounding the process, with some states refusing to disclose the source of the drugs used in lethal injections.

In recent years, there have been several high-profile cases that have brought attention to the flaws in the death penalty system. The case of Troy Davis, a man who was executed in Georgia despite significant doubts about his guilt, sparked national outrage and renewed calls for an end to the death penalty. The case of Rodney Reed, a man who was granted a stay of execution after new evidence emerged, highlighted the potential for wrongful convictions in death penalty cases.

Chapter III - Arguments for the Death Penalty

Chapter III of this book will focus on the arguments in favor of the death penalty. Supporters of capital punishment believe that the death penalty serves as a deterrent to crime, provides closure to victims’ families, and is a just punishment for the most heinous crimes. However, opponents of the death penalty argue that it is a violation of human rights, is often applied unfairly, and is not an effective deterrent. This chapter will explore these arguments in-depth, examining the evidence and reasoning behind them. Ultimately, the goal of this chapter is to provide a comprehensive analysis of the arguments for the death penalty and their strengths and weaknesses.

Retribution

Retribution is one of the primary arguments in favor of the death penalty. Proponents of the death penalty argue that it is a necessary form of punishment for those who commit heinous crimes. They argue that certain crimes, such as murder, are so egregious that the only just punishment is the taking of the perpetrator's life. The idea behind retribution is that the punishment should fit the crime.

One of the key principles of retribution is that the punishment should be proportionate to the crime. In other words, the severity of the punishment should match the severity of the crime. Proponents of the death penalty argue that there are certain crimes, such as first-degree murder, that are so heinous that the only appropriate punishment is the death penalty. They argue that this punishment is necessary to send a message to society that such crimes will not be tolerated.

Those who support the use of the death penalty as a form of retribution also argue that it provides closure for the victims' families. When a loved one is murdered, the family members are left with a sense of profound loss and grief. Proponents of the death penalty argue that executing the perpetrator provides a sense of justice and closure for the family members, as it gives them a sense that the perpetrator has received a punishment that fits the crime.

Another argument in favor of the death penalty as a form of retribution is that it deters crime. Proponents of the death penalty argue that the knowledge that one could potentially be put to death for committing certain crimes is a strong deterrent. They argue that the death penalty sends a message to potential criminals that if they commit a heinous crime, they will face the ultimate punishment.

Critics of the death penalty argue that retribution is not a valid justification for the use of the death penalty. They argue that revenge and punishment should not be the goals of the criminal justice system. Instead, they argue that the focus should be on rehabilitation and preventing future crimes. Critics also point out that the death penalty does not provide closure for the victims' families. In fact, the lengthy appeals process that often accompanies death penalty cases can prolong the families' pain and suffering.

Another criticism of the death penalty as a form of retribution is that it is often applied unfairly. Studies have shown that race, socioeconomic status, and geography can all play a role in determining who receives the death penalty. This means that individuals who commit similar crimes may receive very different punishments based on factors that have nothing to do with the severity of the crime.

Deterrence

Deterrence is often cited as one of the key justifications for the use of the death penalty. Proponents of capital punishment argue that the possibility of being sentenced to death for a serious crime acts as a deterrent, preventing others from committing similar crimes.

The basic idea behind the deterrence argument is that people are rational and will weigh the potential costs and benefits of their actions before deciding whether or not to commit a crime. If the potential cost of a crime is high enough, they will be deterred from committing it. In the case of the death penalty, the argument is that the threat of execution will be a significant enough deterrent to prevent people from committing murder or other serious crimes.

There are two main types of deterrence that are often discussed in relation to the death penalty: individual deterrence and general deterrence.

Individual deterrence refers to the idea that someone who is considering committing a crime will be deterred by the threat of being sentenced to death. The argument is that if a person knows that they could be executed if they are caught, they will be less likely to commit the crime in the first place.