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The American death penalty exists and resists in America because it was a basic and constitutive element of its birth and development. Of the famous 102 Pilgrims who first landed from the Mayflower on that Continent not to plunder as the Spaniards and Portuguese did in Mexico and in South America, but to build you a new and free society, about two thirds were convicts escaping Justice and the jails of Europe, and a third were men that sought freedom and above all religious freedom. The former had a pistol in their pocket, the latter the Bible, but in its Calvinist version of the law of retaliation, based on the idea of an executioner God that demands death of those who deliver it without just cause.
Religion’s preferred punishment is almost always death, regardless of the crime. But the death penalty is a statistical failure just like all their proposed solutions to other problems always are. Here in the US, the states that still have the death penalty also have the highest murder rates; its a negative correlation. The problem there is one of society, the conditions imposed and the types of responses that are culturally coaxed. When murder happens, and that person is caught and tried, we should remove them as a threat, and whether they are imprisoned, institutionalized, or what have you should be determined by the particulars in each case.
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But no, I just don't think with the scientific evidence now -- I think I read an article yesterday on the death penalty, and 68 percent of the time they make mistakes. And it’s so racist, too. I think more than half the people getting the death penalty are poor blacks. This is the one place, the one remnant of racism in our country is in the court system, enforcing the drug laws and enforcing the death penalty. I don’t even know, but I wonder how many of those, how many have been executed? Over 200, I wonder how many were minorities? You know, if you're rich, you usually don't meet the death penalty.
The death penalty, it's not a system of justice, it is a system of – a so-called system of justice that perpetuates a, shall I say, a vindictive type of response, a vigilante type of aura upon it. We’re talking about something that is barbaric. We’re talking about something that – it doesn't deter anything. I mean, if it did, then it wouldn't be so many – especially in California, we're talking about over 650 individuals on death row. And if it was a deterrent, this place wouldn't be filled like this. And it's an expensive ordeal that – the money, as you know, the monetary means comes out of the taxpayers' pocket.
"Plea Against the Death Penalty
Look, examine, reflect. You hold capital punishment up as an example. Why? Because of what it teaches. And just what is it that you wish to teach by means of this example? That thou shalt not kill. And how do you teach that "thou shalt not kill"? By killing.
I have examined the death penalty under each of its two aspects: as a direct action, and as an indirect one. What does it come down to? Nothing but something horrible and useless, nothing but a way of shedding blood that is called a crime when an individual commits it, but is (sadly) called "justice" when society brings it about. Make no mistake, you lawmakers and judges, in the eyes of God as in those of conscience, what is a crime when individuals do it is no less an offense when society commits the deed."
Yet the ultimate problem is more fundamental. I have long believed that the death penalty is in all circumstances a barbaric and inhuman punishment that violates our Constitution. Even the most vile murderer does not release the state from its constitutional obligation to respect human dignity, for the state does not honor the victim by emulating the murderer who took his life. The fatal infirmity of capital punishment is that it treats members of the human race as non-humans, as objects to be toyed with and discarded.
Not only is the sentence meted out to the young boys from impoverished background too harsh, but our fear is that it will set a bad precedent and serve to dilute the "rarest of rare" premise upon which a verdict of death penalty must hinge as per our criminal jurisprudence. While most countries are moving towards abolition of death penalty, this is a move in the reverse direction.
To me, capital punishment is a form of societal self-defense. It should not be employed indiscriminately, but in cases of the most heinous crimes, the death penalty may be the only appropriate punishment. Some people believe it is right to take a life to save the life of someone else, but they would not vote to take the life of a convicted criminal, no matter how horrible the crime. Others believe that killing another person for any reason is simply wrong. I respect those opinions, but I disagree with them. I'm convinced that government has a duty to promote community defense. The death penalty, when applied in appropriate cases, can be a strong deterrent to crime. It is certainly a deterrent to the convicted criminal sentenced to death, and it is also a deterrent to other potential capital offenders.
Mr. President, this is Ed Bradley in New York. There are many people who would question our system of criminal justice today in the United States--in fact, many people who have lost faith in our criminal justice system. With so many people languishing on death row today for so many years, how can you say with such assurance that justice will be certain, swift, and severe?
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In the states of the Old South, we execute people -- where you're 11 times more likely to get the death penalty if the victim is white than if the victim is black, 22 times more likely to get it if the defendant is black and the victim is white -- in the very states where there are buried in the ground the bodies of people who were lynched.
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