Critical Thinking Paper Rewrite

Tommy Waltz-Chesnaye

CAP Green Group

May 5, 2018
 Due to its severity and finality, the death penalty is one of the most fiercely debated

issues of our time. While some states have abolished the death penalty, others are yet to do so. It

is time, however; that the United States move beyond such punishment. Because of

irreversibility of an uncertain conviction, racial discrimination and ineffectiveness in deterring

crime, the United States Congress must pass a constitutional amendment to abolish the death

penalty in the entirety of the United States. The death penalty in the United States started in

1608, before the colonies even succeeded from Great Britain. Since then, 14,489 people have

been executed (Death Penalty Information Center). Because of the sheer number of cases, and

the historically flawed U.S. criminal justice system, it is impossible that the death penalty was

applied correctly and fairly in every case.

The death penalty is inherently flawed in that it is permanent and irreversible. Once one

is executed, they are gone, no matter what. Of course, the death penalty is only reserved for the

worst of crimes. Several crimes are punishable by the death penalty, including but not limited to

espionage, treason and most commonly, various types of murder (Wikipedia). Without bringing

up the morality of killing, these crimes are obviously terrible. The problem, however; arises

when people are convicted of such a crime, sentenced to die, but are wrongfully convicted.

While it may seem that this rarely, if ever happens, one must remember that the criminal justice

system is human and as a byproduct, fallible. In a study by the Proceedings of the National

Academy of Sciences, It was predicted that if instead of executed, death row inmates were

incarcerated for life, approximately 4.1% would be exonerated (Gross). According to CNN,

“There were 2,902 people on death row in the United States on October 1, 2016” (Editors of

CNN Online). This suggests that if the death penalty was abolished, at least 119 people would be

exonerated for crimes they did not commit. While 4.1% may seem small, 119 innocent people is
incredibly significant; That's 119 innocent lives saved. Most in the criminal justice world would

assert that executions of innocent people are extremely rare, including the late Supreme Court

Justice Antonin Scalia. He once quoted a New York Times op-ed that calculated that death

penalty convictions are 99.973% accurate, meaning that innocent people are almost never

sentenced to die. This ratio has been proven to be an incorrect representation, because it is

“derived by taking the number of known exonerations at the time, which were limited almost

entirely to a small subset of murder and rape cases, using it as a measure of all false convictions

(known and unknown), and dividing it by the number of all felony convictions for all crimes,

from drug possession and burglary to car theft and income tax evasion” (Gross). By dividing the

exonerations from a very specific number of cases by all convictions, Scalia grossly

misrepresented the facts of false convictions. This debunks the number of 99.973%, suggesting

that many more than .027% of executions falsely sentenced. As one Nebraska senator Ernie

Chambers said, “I know there are people who want to believe that no innocent person has ever

been executed in this country. But when you have this many people conclusively proved by

DNA evidence to be actually innocent, there is no escaping the conclusion that innocent people

have been executed.” While the absolute number of false convictions can never be known,

reasonable estimates conclude that the death penalty will wrongly kill at least 119 people who

might otherwise be freed if they served life in prison. It would be preferred that no one is

wrongfully convicted, but life in prison with a chance of exoneration is a much better alternative

than execution.

The death penalty is racially biased against minorities. African Americans and other

minorities disproportionately make up death row. African- Americans only make up 13.6% of
the national population yet account for 42% of inmates on death row (Ford). Courts condemn

this discrimination saying it does not exist in courts of law, however; it does.

In a study published in Cornell Law review, it was found that in cases where the jury has the

most discretion as to the sentencing, African-Americans were four times more likely than whites

to be sentenced to die (Baldus). While this study was only an examination of cases in

Philadelphia, similar discrimination is found in Maryland. For example, “in January 2004, eight

of the twelve (67%) men on death row were African-American, eleven of twelve (92%) were

sentenced to death for the killing of at least one white victim, and in seven of these twelve cases

(58%) the offender was black and the victim white” (Paternoster). Furthermore, the death penalty

is much more likely to be applied if the victim of a murder is white. According to the American

Civil Liberties Union, “While white victims account for approximately one-half of all murder

victims, 80% of all Capital cases involve white victims.” Additionally, researchers at The

University of North Carolina found between the years of 1993 and 1997, “ that the odds of

getting a death sentence increased three and a half times if the victim was white rather than

black” (Radelet) This discrimination in the criminal justice is obviously not an isolated

phenomenon, but rather a nationwide one. While some proponents of the death penalty say that

these findings are specific to the region where the research was conducted, the aforementioned

statistics are only a small portion of the overwhelming evidence. These statistics conclude that

the death penalty is unfairly applied nationwide. If a jury’s opinion is consciously or

subconsciously influenced by a defendant's race, which it is, juries cannot be trusted to determine

the innocent from the guilty. This means that the death penalty must be abolished to stop the

disproportionate and unjust sentencing and execution of minorities.

 Even with its many flaws, some supporters of the death penalty support it because they

believed that it is effective in deterring future crime. The death penalty does not actually prevent

other people from committing crime. Criminals aren’t scared of receiving the death penalty

because they believe they won’t get caught. If one believes that one will be caught, one does not

commit crime. But terrible crimes are committed, so criminals obviously do not believe they will

be caught. According to Dr. Jonathan Groner at the Ohio State University College of Medicine

and Public Health, “The psychological mindset of the criminal is such that they are not able to

consider consequences at the time of the crime. Most crimes are crimes of passion that are done

in situations involving intense excitement or concern. People who commit these crimes are not in

a normal state of mind -- they do not consider the consequences in a logical way” (Death Penalty

Information Center). According to a 2010 census by the United States Census Bureau, the

population of Iowa was 3,145,711 and the population of Utah was 3,101,833. The death penalty

is still legal in Utah, but abolished in Iowa in 1965. If the death penalty did deter crime, there

should be fewer murders in Utah than Iowa, but this is not the case. According to the Death

Penalty Information Center, in 2010, the same year as the census, Utah had 1.9 murders per

100,000 people, whereas Iowa only had 1.2. In fact, across the board, the death penalty seems to

have no effect on the murder rate of a state. The state with the consistently highest murder rate is

Louisiana, with 14.2 murders per 100,000 people in 2007. In Louisiana, the death penalty is still

legal. In Maine, which has one of the lowest rates, the death penalty is abolished in 1887 (Death

Penalty Information Center). The death penalty does not affect murders, which is the crime it is

used most often to punish, and is said to prevent. One argument for the death penalty is that once

one is dead, they cannot commit more crimes. This is true, of course; but someone with a

lifelong prison sentence will not commit more crimes either. There is no correlation between the
legality of the death penalty and murder rates. Deterring crime is one of the main goals of the

death penalty, yet it does not even succeed in doing so. Therefore, the death penalty must be

abolished by the United States Congress because it is entirely ineffective in deterring crime.

The death penalty remains a fiercely debated issue because of conflicting moral

viewpoints of whether or not it is ever acceptable to kill another human being. But even without

arguing the lack of morality regarding the death penalty, one can take an objective stand against

the death penalty because it is a failed policy. Because of irreversibility of an uncertain

conviction, racial discrimination and ineffectiveness in deterring crime, the United States

Congress must pass a constitutional amendment to abolish the death penalty in the entirety of the

United States.
 Annotated Bibliography

Levy, Pema. “One in 25 Sentenced to Death in the U.S. Is Innocent.” Newsweek, 16 Feb. 2016,
www.newsweek.com/one-25-executed-us-innocent-study-claims-248889. Used to learn
background knowledge and to find out about the PNAS study

Gross, Samuel R., et al. “Rate of False Conviction of Criminal Defendants Who Are Sentenced
to Death.” Proceedings of the National Academy of Sciences, National Academy of Sciences, 20
May 2014, www.pnas.org/content/111/20/7230. Used to calculate number of people on death
row that would be exonerated. Also to refute Justice Scalia's claim.

Editors of Procon. “Should the Death Penalty Be Abolished or Paused (Moratorium) Because of

the Alleged Possibility of an Innocent Person Being Executed? - Death Penalty - ProCon.org.”

Should the Death Penalty Be Allowed?, Procon, 13 Jan. 2017,

deathpenalty.procon.org/view.answers.php?questionID=001006. Used to find other sources and

learn background information about the death Penalty as well as the quote by Sen. Ernie

Chambers.

Editors of CNN Online. “Death Penalty Fast Facts.” CNN, Cable News Network, 4 Oct. 2017,

www.cnn.com/2013/07/19/us/death-penalty-fast-facts/index.html. Used to find out number of

death row inmates on October 1, 2016.

Editors of Wikipedia. “Capital Punishment.” Wikipedia, Wikimedia Foundation, 16 Mar. 2018,

en.wikipedia.org/wiki/Capital_punishment. Used to find out the crimes that are punishable by

death.
“NAACP Death Penalty Fact Sheet.” NAACP, 6 Feb. 2018, www.naacp.org/latest/naacp-death-

penalty-fact-sheet/#_edn2. Used to find other studies.

Paternoster, Raymond. “Justice by Geography and Race: The Administration of the Death

Penalty in Maryland, 1978-1999.” University of Maryland Law Journal of Race, Religion,

Gender and Class, University of Maryland Law Journal of Race, Religion, Gender and Class,

2004, digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1050&context=rrgc. Used

to find statistics on crime in Maryland and racial discrimination in Maryland criminal justice

system.

Ford, Matt. “Racism and the Execution Chamber.” The Atlantic, Atlantic Media Company, 23

June 2014, www.theatlantic.com/politics/archive/2014/06/race-and-the-death-penalty/373081/.

Used to find statistics on population and death row.

Dolan, Maura. “Study Finds Death Penalty Unevenly Applied.” Los Angeles Times, Los

Angeles Times, 4 June 1998, articles.latimes.com/1998/jun/04/news/mn-56598. Used to find

study on crime in Philadelphia.

Radelet, Michael. “Race and Death Sentencing in North Carolina, 1980-2007.” North Carolina
Law Review, North Carolina Law Review, 2011,
scholarship.law.unc.edu/cgi/viewcontent.cgi?article=4522&context=nclr+. Used to find data on
the effect of race on a death sentence.

Baldus, David. “RACIAL DISCRIMINATION AND THE DEATH PENALTY IN THE POST-

FURMAN ERA: AN EMPIRICAL AND LEGAL OVERVIEW, WITH RECENT FINDINGS

FROM PHILADELPHIA.” Cornell Law Review, www.lawschool.cornell.edu/research/cornell-

law-review/upload/baldus.pdf. Used to find crime statistics in Philadelphia and the effect of race

on those statistics.

Editors of American Civil Liberties Union Online. “Race and the Death Penalty.” American

Civil Liberties Union, American Civil Liberties Union, www.aclu.org/other/race-and-death-

penalty. Used to find out murder statistics and how they are affected by race.

“Does the Death Penalty Deter Crime? - Death Penalty - ProCon.org.” Should the Death Penalty

Be Allowed?, 25 Jan. 2017, deathpenalty.procon.org/view.answers.php?questionID=000983.

Used to find other studies.

“Experts Explain Why the Death Penalty Does Not Deter Murder.” Death Penalty Information

Center, Death Penalty Information Center, deathpenaltyinfo.org/node/2200. Used to Find quote

by Dr. Groner.

“Iowa.” Iowa | Death Penalty Information Center, Death Penalty Information Center,

deathpenaltyinfo.org/iowa-0. Used to find when the death penalty was abolished in Iowa.

“Murder Rates Nationally and By State.” Murder Rates Nationally and By State | Death Penalty

Information Center, Death Penalty Information Center, deathpenaltyinfo.org/murder-rates-

nationally-and-state#MRord. Used to find murder rates in different states.

Website Services & Coordination Staff. “US Census Bureau 2010 Census Interactive Population

Map.” 2010 Census, United States Census Bureau, 5 May 2011,

www.census.gov/2010census/popmap/. Used to find Populations of Iowa and Utah.

“Maine.” Maine | Death Penalty Information Center, Death Penalty Information Center,

deathpenaltyinfo.org/maine-0. Used to find when the death penalty was abolished in Maine.

Works Cited

Gross, Samuel R., et al. “Rate of False Conviction of Criminal Defendants Who Are Sentenced

to Death.” Proceedings of the National Academy of Sciences, National Academy of Sciences, 20

May 2014, www.pnas.org/content/111/20/7230.

Editors of Procon. “Should the Death Penalty Be Abolished or Paused (Moratorium) Because of

the Alleged Possibility of an Innocent Person Being Executed? - Death Penalty - ProCon.org.”
Should the Death Penalty Be Allowed?, Procon, 13 Jan. 2017,

deathpenalty.procon.org/view.answers.php?questionID=001006.

Editors of CNN Online. “Death Penalty Fast Facts.” CNN, Cable News Network, 4 Oct. 2017,

www.cnn.com/2013/07/19/us/death-penalty-fast-facts/index.html.

Editors of Wikipedia. “Capital Punishment.” Wikipedia, Wikimedia Foundation, 16 Mar. 2018,

en.wikipedia.org/wiki/Capital_punishment.

Paternoster, Raymond. “Justice by Geography and Race: The Administration of the Death

Penalty in Maryland, 1978-1999.” University of Maryland Law Journal of Race, Religion,

Gender and Class, University of Maryland Law Journal of Race, Religion, Gender and Class,

2004, digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1050&context=rrgc.

Ford, Matt. “Racism and the Execution Chamber.” The Atlantic, Atlantic Media Company, 23

June 2014, www.theatlantic.com/politics/archive/2014/06/race-and-the-death-penalty/373081/.

Editors of American Civil Liberties Union Online. “Race and the Death Penalty.” American

Civil Liberties Union, American Civil Liberties Union, www.aclu.org/other/race-and-death-

penalty. Used to find out murder statistics and how they are affected by race.

“Does the Death Penalty Deter Crime? - Death Penalty - ProCon.org.” Should the Death Penalty

Be Allowed?, 25 Jan. 2017, deathpenalty.procon.org/view.answers.php?questionID=000983.

“Experts Explain Why the Death Penalty Does Not Deter Murder.” Death Penalty Information

Center, Death Penalty Information Center, deathpenaltyinfo.org/node/2200.

“Iowa.” Iowa | Death Penalty Information Center, Death Penalty Information Center,

deathpenaltyinfo.org/iowa-0.

“Murder Rates Nationally and By State.” Murder Rates Nationally and By State | Death Penalty

Information Center, Death Penalty Information Center, deathpenaltyinfo.org/murder-rates-

nationally-and-state#MRord.

Website Services & Coordination Staff. “US Census Bureau 2010 Census Interactive Population

Map.” 2010 Census, United States Census Bureau, 5 May 2011,

www.census.gov/2010census/popmap/.

“Maine.” Maine | Death Penalty Information Center, Death Penalty Information Center,
deathpenaltyinfo.org/maine-0.