SHOULD THE DEATH PENALTY BE ENDED?

On  November 6th, 2012,  California voters will be presented with Proposition 34, which would end the state’s death penalty and instead require mandatory life sentences, without parole, for condemned inmates.

Specifically, Proposition 34 will:

• Repeal the death penalty as maximum punishment for persons found guilty of murder and replace it with life imprisonment without the possibility of parole.
• Apply retroactively to persons already sentenced to death. (725)
• Require persons found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them.
• Create a $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases.

I have a friend who is dead set against this bill. He espouses the idea that death by injection as cruel and unusual punishment is “bull”. And, I agree. However, the people required to kill 725 people are civil servants who work for the system. The find it difficult to participate in killing another human being. Physicians find it difficult to administer death to a healthy person. Life in prison is by some estimates a harsher punishment than death. Over the years, I was  a supporter of the death penalty. The recent spate of people released from prison, and death row, across the country, found innocent of their crimes after yeas in prison, made me change my mind. Most of them were exonerated by DNA testing. The expense of the death penalty alone gives me pause. It costs more to follow the “safeguards” with appeals and extra legal maneuvering before a man is executed, a process that often takes years, than it is to keep him for life.  I think voters should approve Prop. 34, for all the reasons below:

The death penalty doesn’t work. It has been proven that it does not deter heinous crime, especially in the drug crazed world we now live in.

A crime carrying the death penalty isn’t qualified equally in communities around the state. It depends on a seated judge’s interpretation.  Juries are harder to seat when they are faced with the power to condemn a person to death which greatly adds to the cost of trials subject to the death penalty.

Proponents have spent years trying to speed up executions, including creating a Habeas Corpus Resource Center in 1998. And yet,  California has only executed 13 condemned murderers since 1992. More condemned men have died while waiting on death row than have been executed.

Supporters say California could institute laws for speedy executions as they do in Texas. But we’d do so risking the same kind of legal errors and unequal application that has tarnished Texas’ judicial system. Killing innocent people, does not go down well, nor should it happen.

Ending the death penalty would save California courts $50 million annually for appellate litigation according to Legislative Annalists.  My friend claims that is because attorneys  pad their fees and take advantage of the governments deep pockets. If that is true, more the reason to do without the death penalty. There is no doubt that money would be saved because in all respects, death penalty cases are much more expensive to put to trial.

And, in California, looming is an expensive upgrade to the death row at San Quentin.

Altogether, ending the death penalty would save California about $100 million in the first few years, and about $130 million in subsequent years, according to the Legislative Analyst’s Office.

Under Proposition 34, the same prisoners  would be given jobs in prison, unless they posed too great a risk to be with the general population. Like other murderers, these inmates would have their pay deducted for any debts they owe to victims of crime.

Supporters of the death penalty say it is an affront to the families of victims to see these murderer’s live while their loved one died by those same hands. But how long must they wait when the system is not working? And, what guilt would they feel if the convicted man were executed and another inmate confessed to that crime sometime down the line, which has happened? Or, if DNA evidence proved him innocent after the execution?

How can we as humans, claim we abhor violence and then engage in it?

Manson, a heinous killer, is still in prison and routinely comes before a parole board and repeatedly, and endlessly (he complains) will be turned down. Prop. 34 would do away with those expensive hearings that come up every so many years, and the attorneys who represent them in these hearings. There are monsters in society and living with no hope of parole can allow the prisoner to accept his situation and engage in work that provides some small restitution to victims. It is simply more humane.

The Sacramento Bee made this point: If California were to implement life sentences with no possibility of parole, high-profile murderers such as Ramirez and Rhoades would no longer get the attention they crave and often receive on San Quentin’s death row.They’d live out their lonely days behind bars and die in relative obscurity. That would be a just end, and one that we all could count on.

I would add to that. No murderer should be allowed to make money on the sensationalism of his crime by publishing a book. He can write it, but he cannot publish it.