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?
Next Page |
Click
Here to skip Death Row USA and Go to Misconduct |
|