DEATH PENALTY AS PART OF THE POLITICAL PROCESS


 In the search for the elusive questions, we must evaluate the death penalty's impact on the criminal justice system. We must explore how the criminal justice system has been victimized by the death penalty's political aspects. To combat the real problem of violence in our society, the political process has adopted the death penalty as its weapon of choice. The backup to this system is mandatory long term and life sentences to be served in a nonproductive environment.
 The death penalty is part of the political process. It is not a component of an effective criminal justice system. While the death penalty is veiled as an exclusive function of the criminal justice system; and justified by some as a deterrent to criminal activity; many knowledgeable people are now willing to concede the fallacy. The most that can be said for the death penalty is that it allows victims' families pure retribution, offers society a placebo instead of safety, and serves as a mechanism for local, state and federal politicians (including judges) to curry public favor.
 Our criminal justice system was designed to avert "an eye-for-an-eye" justice. As a substitute for this type of retribution, our criminal justice system was designed to serve foremost the overall interest of society. Through the death penalty, the political process is rapidly eroding the foundation of our criminal justice system.
 Our system of government and the open flow of information gives everyone the opportunity to observe whether the death penalty functions as a part of the political process or as a part of an equitable and effective criminal justice system.
 Let us consider a few relevant questions. Why in the post-Furman [Furman v. Georgia, 408 U.S. 238 (1972)] years have there been more than ninety-three executions in Texas and two executions in California? Why, post-Furman, have there been thirteen persons sentenced to death in Fulton County, Georgia (with Atlanta as the county seat) and 181 persons sentenced to death in Harris County, Texas (with Houston as the county seat)? Why were eight people executed in Louisiana in 1987 and a total of five executed in the years since?
 These elementary questions invite us to seek more profound questions. The ultimate question, of course, is how do we convince the public that executions do not discourage violent and criminal conduct?
     
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