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In 1977 a Utah death-row inmate by the name of Gary Gilmore was about to be executed by firing squad. His last words were "Lets do it."
I read an interesting, though not at all suprising, article today which made reference to just this man and just these....his last words. It was put out by the Associated Press and, as it was aptly named, was a 'Roll Call' for America's executed offenders. Use of the Death Penalty dates back to British colonial times, the first execution being recorded in Jamestown in 1608. Though it has always varied from state to state it has been practiced fairly regularly throughout our nation's history, with the exception of a brief period which began in 1967.
It was at this time that a temporary 'Death Penalty' ban was issued by the Supreme Court in order to allow them to reveiw the constitutionality of the practice. Furman v. Georgia (1972) in a 5-4 split decision saw the Court rule that the Death Penalty, as it existed in Georgia, was in violation of the 8th Amendment which bans cruel and unusual punishment. Suprisingly enough the decision focused more on unguided jury discretion and the resulting arbitrary and capricious sentencing that took place because of it, than the penalty itself. In doing so the Supreme Court left open the possibility that the Death Penalty could be reinstated were Georgia to design a system which would enable these problems to be avoided. Furman v. Georgia set about, not only Georgia, but several other states, redrafting their sentencing laws and in 1976, after a ten year Moratorium, the Supreme Court reinstated the Death Penalty. The first execution took place on 17th January 1977 when Gary Gilmore, convicted of a double murder, was executed by firing sqad in Utah.
Supporters of the Death Penalty argue that in certain circumstances justice demands a death sentence. It seems ironic that an increasingly secular society would still, because of shared religious values, support the doctrine 'an eye for an eye'. Nevertheless they do.
Though there is certainly much to be said for retribution and the incapacitation effect, a major factor which draws advocates to the Death Penalty is that of deterence. Most supporters believe that a sentence of death will deter future crime and in the process save lives. In response to this opponents counter that there has been no proven statistical evidence to show that the Death Penalty does, in any way, deter crimes and, further than incapacitation will prevent them from engaging in any further crimes just as surely as a sentence of death.
Further controversy exists over potential 'innocents'. Whilst opponents argue that there is a high probability that innocent men/women will be sentenced to death (thus making the state itself guilty of murder), advocates counter with the arguement that there is no evidence to conclude that any innocent man or woman has ever been executed since the death penalty was reinstated in 1977.
Of huge controversy surrounding the death penalty is the fact that most of the individuals who are executed have had poor, if not a complete lack of, resources and adequate legal representation. Thus suggesting that the poor are more susceptible to the Death Penalty than the middle class or wealthy. Following along this line there is also controvery over the fact that whilst blacks make up only a small percentage of the population they make up a much larger portion of Death Penalty cases. Though this is an undisputed fact it is also important to remember that African American men do commit more offences. Further it could be seen as crucial to keep in mind that their victims are largely African American males themselves....so the imbalance cuts both ways. The fact that this group is not only much more likely to offend but also much more likely to be victimized is an entirely different topic.
Interesting facts emerged from the brief review conducted by the Associated Press. Though not at all suprisingly, the south accounted for over 80% of the executions since 1977. Again, in the heart of the Bible Belt, it seems that the notion 'an eye for an eye' reigns supreme.
Texas alone has contributed to a large portion of these numbers. Many argue that a persons life should not be determined on where they live, or more to the point where they committ offences. Though this idea certainly seems fair it is balanced out by the fact that in many of the Death Penatly states the crime numbers are a lot less than in those where the Death Penalty is not present. Over 35% of all inmates executed are black. While there is continual outcry that the Death Penalty is often used as a means of the ultimate in racial policitcs, when brought to the Supreme Court's attention in 1987 it was ruled that suspected racial bias itself was not enough to set a statute in violation of constitutional law.
Most individuals put to death are poor and at the time of trial were indigent. While some argue that the high numbers for poor inmates on death row are simply resulting from the fact that poor individuals are more prone to commit crimes, others argue that for whatever reason this allows unfair, unequal punishment because the 'rich' are often able to 'buy themselves out of death'.
A final 'controversy' within the controversy that is the Death Penalty centered around intelligence. Some reports claim that as many as 35 individulas executed since 1977 have evidence of mental retardation, which would make them exempt not only from the death penalty but from many forms of sentencing. It does seem that both sides are trying to work together to bring about as much reform as possible in this area, with Florida, just last week, announcing a ban on executed the mentally handicapped, which had been approved by the Legislature and sent to the Governor.
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