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The Death Penalty, Life Without Parole

Knowing the Difference


By: Capital-"X" 23-3-2010


The death penalty and life without parole are the brother and sister in terms of being the two harshest punishments enforced in
the United States. The most obvious similarity is that they both indeed end in death

.

For some time now opponents of the death penalty have put forward life in prison without parole as a viable alternative to execution for the worst offenders. Many states offer the choice to juries in the punishment phase of a capital trial, to sentence defendants to death, or to life without parole. The question I am raising is, do they know the difference? Do you know the difference? I ask because a lot of people don't seem to know what the difference is.


 [1] "Research indicates that jurors in capital cases do not fully understand many aspects of the instructions they receive. For example, jurors are often uncertain about their alternatives in a death penalty case: if they sentence an inmate to life in prison, will he or she ever be released? Moreover, some jurors may not realize the important legal distinctions between mitigating and aggravating factors, or even what the words themselves mean".


 In many documented cases jurors chose death over life because they did not clearly understand that life without parole meant that a prisoner would die in prison never to be released. They reached their decisions by peer pressure, by more aggressive jurors pushing for death and also due to the fear of feeling responsible if the accused was ever to be released to repeat, committing another crime.


 [2] "Death penalty cases are complex and require the jury to make decisions about life and death that are far different from the usual juror decision of "guilt beyond a reasonable doubt."


 [3] Again in many documented cases such as one captured in "A Life And Death Decision" (A Jury Weighs The Death Penalty) by: Scott E. Sundby, jurors refrain from asking for explanations of instructions or terms used by a judge for a number of reasons ranging from "fear of authority" to "fear of appearing ignorant". Ignorant of the law is exactly what most all jurors are. In a moments notice you go from your everyday life, to being in a box deciding if someone will live or die. There are no classes and the quick instructions one does receive are not being clearly understood. This is just one of many problem areas within the killing machine we know as capital punishment.


 [4] "It can be very difficult for ordinary citizens to understand the abstruse legal framework that the courts have constructed around the death penalty. Craig Haney, a prominent psychologist in California, found that even well-educated people misunderstood the instructions to the jury. His research indicated that: "California’s entire penalty instruction is very poorly understood by upper-level college students, that these problems are not clarified in actual cases through attorney arguments, and that jurors who had served in actual capital cases were plagued by fundamental misconceptions about what the instructions meant".


 In "A Life And Death Decision" (A Jury Weighs The Death Penalty) by: Scott E. Sundby, they go into detail how in some cases when jurors asked for the judge to define the instructions judges would refuse, they would even refuse to send they jury a written copy of their instructions.


 We are talking about a life that is on the line. Capital murder cases are the most expensive of all judicial proceedings. Capital murder cases cost tax payers somewhere around 1.5 million to 2 million dollars each. To house a condemned prisoner during his appeals process that on average takes about 12 years costs an additional 2 million to 2.5 million yes it can get as high as 5 million dollars to execute one prisoner. A prisoner charged with first degree murder facing life without parole, but not death would cost the tax payers one million for the trial and for housing for up 50 years. One would think with so much money invested and a life on the line the least they could do is explain the instructions to jurors clearly and maybe even tell them about the financial burden on tax payers, but they do not.


Understanding the Meaning of a Life Sentence


The U.S. Supreme Court held in Simmons v. South Carolina (1994) that when a defendant’s future dangerousness is at issue at the sentencing phase of a capital trial, as a matter of fundamental fairness, the defendant is entitled to have the jury accurately informed if the only alternative to a death sentence is life without parole. The "future dangerousness" of a defendant often factors in to whether or not the jury sentences the defendant to death. Jurors may choose a death sentence because they incorrectly believe a defendant will otherwise be paroled and released back into society.


 The Capital Jury Project found that most jurors grossly underestimated the amount of time a defendant would serve in prison if not sentenced to death, and the sooner that jurors believed a defendant would return to society if not given the death penalty, the more likely they were to vote for death.


 Some defendants have appealed to the Supreme Court to have their death sentences overturned on the grounds that the jury did not understand the instructions on the law and consequently believed they had no choice but to sentence the defendant to death.


 Written in the simplest English I can possibly conjure up it's important that everyone knows and understands this, [Life Without Parole] means a prisoner will serve the remainder of his natural life in prison without any possibilities of parole or release back into society. Proponents will lead you to believe there is the possibility that a convicted murderer may kill again while in prison or that there is always the possibility of an escape, or that of an accidental release. Proponents will proceed to site cases that have been used for the past two decades. One such case is that of [5] Richard Allen Davis who was tried and convicted in 1996 of first-degree murder and four special circumstances (robbery, burglary, kidnapping, and a lewd act on a child) of Polly Klaas. At the time of his arrest, Davis had an 11-page rap sheet, with two prison terms for attempted kidnappings. His case galvanized public support for an initiative that required a sentence of 25 years to life (The 3 Strikes Law) for any felon with a record of two serious or violent felonies. Proponents will argue that this case will be bound to repeat itself unless we execute prisoners.


 The facts are that life without parole is the alternative to the sentence of death. You need to know this and all potential jurors should know this. We pay billions of dollars in tax money to build and maintain prisons and the livelihood of those that keep these facilities safe and secure. A murder inside a maximum security prison should not be possible just as an escape or accidental release should not be possible. If we can't rely on the system to successfully maintain order within the prison system, how can we rely on them to never execute innocent people? Well we can't.


 The death penalty leaves no room for error. If the wrong man is convicted and executed there is no way to exonerate him if later evidence surfaces proving his innocence. Being a juror, could you live with yourself knowing you could have possibly helped an innocent man be murdered? Execution, is killing and killing is murder. Executed prisoners death certificates read: Cause of Death: Homicide.


 I would like to use a couple of quotes from prisoners themselves that will paint you a vivid picture of what serving life without parole is like. The first comes from Luis Felipe also known as King Blood the founder of the New York State Chapter of the Almighty Latin King and Queen Nation. Felipe was sentenced to life in prison plus 45 years to be served entirely in solitary confinement. Upon sentencing Felipe spoke to sentencing Judge Martin saying [6] "you accuse me of killing people, but you’ll be killing me every day". Prisoner Jack Henry Abbott author of "In The Belly Of The Beast". In his book Abbott speaks on his plight saying [7] "you are dying. Dying a harsh death. One that lingers and toys with you". For those that are vengeful what better punishment?


 It is a fact that most prisoners rather be executed than to spend the rest of their life in prison. One would ask why then, do I fight to save them? The simple answer is that, we all have the right to life no matter the circumstances. We forgive police officers for shooting our innocent loved ones. We forgive our government when our children are sacrificed in wars. In wars that were started based on deception. We can forgive them for killing hundreds, thousands even millions yet we can't spare one man that made a horrible mistake? The responsibilities are immense and the possibilities of sending an innocent man to death are multiplying by the day. There is no deterrence affect and we need to stop this barbaric practice.


 [8] I would finally like to point out one last enormous factor that needs to be addressed. The other main factor that distinguishes the death penalty from life without parole is the cost. Many people have been lead to believe that housing a prisoner would be more costly than to just do away with them supporting the death penalty as being cost affective. The reality is that a capital murder case cost between one and two million dollars. With appeals which take ranging up to twelve years to exhaust which includes housing and all by execution the bill runs from 2.5 million to 5 million when a sentence of life without parole would only cost tax payers about $800,000. Sentencing a prisoner to life without parole in a capital murder case actually saves tax payers money. If we could do away with capital murder trials all together using the alternative exclusively we would save tax payers millions while at the same time as a country, we would finally be joining civilized society which adds no risk at all..


Don't Forget: You're only one step away from prison! -
Monte Smith


1. http://www.capitalpunishmentincontext.org/issues/juryinstruct

2. http://eurocracker.wordpress.com/2008/02/12/hello-world/

3. "A Life And Death Decision" (A Jury Weighs The Death Penalty) by: Scott E. Sundby

4. http://eurocracker.wordpress.com/2008/02/12/hello-world/

5. http://askville.amazon.com/criminal-activities-Richard-Allen-Davis-sentenced-death-Santa-Clara-County-
Superior-Court/AnswerViewer.do?requestId=53067157

6. http://journals.dartmouth.edu/cgi-bin/WebObjects/Journals.woa/2/xmlpage/2/article/82

7. Jack Henry Abbott "From The Belly Of The Beast".

8. http://www.deathpenaltyinfo.org/costs-death-penalty


STATES WITH THE DEATH PENALTY


Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Indiana
Illinois
Kansas
Kentucky
Louisiana
Maryland
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon


Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

ALSO
- U.S. Gov't
- U.S. Military


 
STATES WITHOUT THE DEATH PENALTY


Alaska
Hawaii
Iowa
Maine
Massachusetts
Michigan
Minnesota
North Dakota
New Mexico

New Jersey
New York
Rhode Island
Vermont
 West Virginia
Wisconsin

Also
 Dist. of Columbia

 
States With and States Without the Death Penalty
States With and States Without the Death Penalty

First Death Penalty Laws


The earliest laws we have found are the Mesopotamian Laws, c. 2250 BC which codified the death penalty for one crime; it's reads: If an overseer or a fisherman ordered to the service of the king does not.come, but sends a hireling in his stead, that same overseer or fisherman shall be put to death, and his house shall go into the possession of the hireling.

The Code of Ur-Nammu is the oldest known tablet containing a law code surviving today. It was written in the Sumerian language around 2100-2050 BC. Code of Ur-Nammu codified the death penalty for 4 different crimes.

The Laws of Eshnunna 1930 BC are inscribed on two broken tablets found in Tall Abū Harmal, near Bagdad, Iraq. The majority of these offences were penalized with pecuniary fines (an amount of silver), but some serious offences such as burglary, murder, and sexual offences were penalized with death. It seems that the capital punishment was avoidable (in contrast to the Code of Hammurabi 1758 BC), because of the standard formulation: "It is a case of life … he shall die".

The Code of Hammurabi 1760 BC in the Code of King Hammaurabi of Babylon, is the most famous, and also the most preserved of the ancient laws. Discovered in December 1901, it contains over 282 paragraphs of text which codified the death penalty for 25 different crimes.

 


Code of Hammurabi, c. 1760 BCE

These are the first three laws, in their entirety, of the Code of Hammurabi, translated into English:

1. If any one ensnares another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death.

2. If any one brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

3. If any one brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if a capital offense is charged, be put to death.

There are 282 such laws in the Code of Hammurabi, each no more than a sentence or two. The 282 laws are bracketed by a Prologue in which Hammurabi introduces himself, and an Epilogue in which he affirms his authority and sets forth his hopes and prayers for his code of laws

The Code of the Assura, c. 1075 BCE. An excerpt from the Code of the Assyrians reads: If the wife of a man go out from her house and visit a man where he lives, and he have intercourse with her, knowing that she is a man's wife, the man and also the woman they shall put to death.

The Code of the Nesilim, c. 1650-1500 BCE. An exerpt from the Code of the Nesilim reads: If a man sleep with the wife of his brother, while his brother is living, it is a capital crime, he shall die. If a man have taken a free woman, then have intercourse also with her daughter, it is a capital crime, he shall die. If he have taken her daughter, then have intercourse with her mother or her sister, it is a capital crime, he shall die.

The Hittite laws ca. 1500-1400 BC show an aversion to the death penalty, the usual penalty for serious offenses being enslavement to forced labour. Under the Hittites only a small handful of crimes were capital crimes. Even premeditated murder only resulted in a fine—a large fine, to be sure, but far preferable than losing your head.

Draconian laws 621 BC were the first code of laws drawn up at Athens introduced by a statesman named Draco. Although their details are obscure, they apparently covered a number of offences. The modern adjective "Draconian" (excessively harsh) reflects the fact that penalties laid down in the code were extremely severe: pilfering received the same punishment as murder-death. A 4th-century BC politician quipped that Draco wrote his laws not in ink, but in blood.

The Twelve Tables, c. 450 BCE. The Roman Laws of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. The contents of the Tables may fruitfully be compared with the Hammurabi Code, Mesopotamian codes, as well as with the Greek code preserved at Gortyn.

In the Tenth Century A.D., hanging became the usual method of execution in Britain. In the following century, William the Conqueror would not allow persons to be hanged or otherwise executed for any crime, except in times of war. This trend would not last, for in the Sixteenth Century, under the reign of Henry VIII, as many as 72,000 people are estimated to have been executed. Some common methods of execution at that time were boiling, burning at the stake, hanging, beheading, and drawing and quartering. Executions were carried out for such capital offenses as marrying a Jew, not confessing to a crime, and treason.

The number of capital crimes in Britain continued to rise throughout the next two centuries. By the 1700s, 222 crimes were punishable by death in Britain, including stealing, cutting down a tree, and robbing a rabbit warren. Because of the severity of the death penalty, many juries would not convict defendants if the offense was not serious. This lead to reforms of Britain's death penalty. From 1823 to 1837, the death penalty was eliminated for over 100 of the 222 crimes punishable by death.



 Death Penalty History in America

 The first known recorded execution on American soil is that of one Captain George Kendall. Captain George Kendall, put to death by firing squad in 1608 in the Jamestown Colony of Virginia; he was accused of being a spy for Spain. In modern times being accused of such a crime would be considered a federal crime. In 1612, Virginia death penalty violations included what modern citizens would consider minor violations: stealing grapes, killing chickens and trading with Indians.

In Septmeber of 1630, John Billington would become the first convicted murderer to be executed in the New England Colony in what became to be known as America. Billington was also the first to be hanged for any crime. John Billington came to the Plymouth Colony on the famoust voyage of the Mayflower in 1620. U.S. President James Garfield was a decendant of Billington.

In 1622, the execution of criminal, Daniel Frank, occurred in Virginia for the crime of theft. Some colonies were very strict in their use of the death penalty, while others were less so. In Massachusetts Bay Colony the first execution was in 1630, but the earliest capital statutes do not occur until later. Under the Capital Laws of New-England that went into effect between 1636-1647 (After the execution of John Billington), the death penalty was meted out for pre-meditated murder, sodomy, witchcraft, adultery, idolatry, blasphemy, assault in anger, rape, statutory rape, manstealing, perjury in a capital trial, rebellion, manslaughter, poisoning and bestiality. Early laws were accompanied by a scripture from the Old Testament. By 1780, the Commonwealth of Massachusetts only recognized seven capital crimes: murder, sodomy, burglary, buggery, arson, rape, and treason.

The New York colony instituted the so-called Duke's Laws of 1665. This directed the death penalty for denial of the true God, pre-meditated murder, killing someone who had no weapon of defense, killing by lying in wait or by poisoning, sodomy, buggery, kidnapping, perjury in a capital trial, traitorous denial of the king's rights or raising arms to resist his authority, conspiracy to invade towns or forts in the colony and striking one's mother or father (upon complaint of both). The two colonies that were more lenient concerning capital punishment were South Jersey and Pennsylvania. In South Jersey there was no death penalty for any crime and there were only two crimes, murder and treason, punishable by death.

However under the direction of the Crown, harsher penal codes were execution there until 1691. In Pennsylvania, William Penn's Great Act (1682) made and passed in the colonies. By 1776, most of the colonies had roughly comparable death statutes which covered arson, piracy, treason, murder, sodomy, burglary, robbery, rape, horse-stealing, slave rebellion, and often counterfeiting. Hanging was the usual sentence. Rhode Island was probably the only colony which decreased the number of capital crimes in the late 1700's.

Some states were more severe. For example, by 1837, North Carolina required death for the crimes of murder, rape, statutory rape, slave-stealing, stealing bank notes, highway robbery, burglary, arson, castration, buggery, sodomy, bestiality, dueling where death occurs, hiding a slave with intent to free him, taking a free Negro out of state to sell him, bigamy, inciting slaves to rebel, circulating seditious literature among slaves, accessory to murder, robbery, burglary, arson, or mayhem and others. However, North Carolina did not have a state penitentiary and, many said, no suitable alternative to capital punishment.

The first reforms of the death penalty occurred between 1776-1800. Thomas Jefferson and four others, authorized to undertake a complete revision of Virginia's laws, proposed a law that recommended the death penalty for only treason and murder. After a stormy debate the legislature defeated the bill by one vote. The writing of European theorists such as Montesquieu, Voltaire, and Bentham had a great effect on American intellectuals, as did English Quaker prison reformers John Bellers and John Howard.


Hanging was once the almost universal execution method in the United States.
12 Ways to Help Abolish the Death Penalty


1) Join the National Coalition to Abolish the Death Penalty and keep up on the latest news and action alerts, and tell friends and family about it!

2) Find groups working against the death penalty in your state, contact them to see how you can get involved.

3) Attend conferences, vigils and protests in your area, and travel to events in other states whenever possible.

4) Write letters to the Editor in your area stating your opinion on the death penalty, or respond to articles that appear in your local newspaper that are on the death penalty or related issues.

5) Write your legislators encouraging them to vote against capital punishment.

6) Help plan and coordinate special events for raising awareness and fundraising.

7) Sign up for an account on MySpace.com or Facebook.com and network with others fighting against the death penalty.

8) Make a donation whenever possible to support the work of organizations working against the death penalty. There are groups at the national and local level that would greatly appreciate any and all support.

9) Learn the facts about capital punishment and its use in the U.S. Read books, go to lectures, and/or visit web sites and promote the facts about the death penalty by any means possible.

10) Wear anti-death penalty messages on shirts or on buttons as often as you can. And be prepared with answers when someone asks why you believe the death penalty is a bad public policy.

11) Invite a known and/or knowledgeable speaker to address your schools, churches, or groups. Consider inspirational speakers about the imprisonment of the innocent, the mentally retarded, and the mentally ill. Murder victims' family members, death row survivors, and other knowledgeable speakers that can be arranged to visit your area.

12) Visit Anti-Death Penalty web sites on a regular basis and stay informed on all death penalty information, breaking news and actions to be taken.


 

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