Saturday, December 29, 2012

Should Capital Punishment be abolished? Discuss.


If having capital punishment serves the best in curbing crimes, then why is it that there are 140 countries that had chosen to be abolitionists in law or practice, whereas only the very minority of 58 countries still practices capital punishment (Amnesty International, 2012)? According to Encyclopædia Britannica (2012), capital punishment, also known as death penalty is the execution of an offender sentenced to death after being convicted of a criminal offense by a court of law. As reported by Channel NewsAsia (2012), in a UN General Assembly, there is a record of 111 countries backing up a resolution to call for the abolition of the death penalty. Just like cancers, the top life-threatening illness, no one could 100% guarantee that after being cured, there will not be any possibility of relapsing. Hence the same applies to the law, there will also not be any 100% fool proof plan instead we can only devise plans that are highly helpful to the situations after weighing the arguments for and against the death penalty. To begin with, the stand of this essay is that death penalty should be abolished both in practice and the law, although the main argument for the death penalty is the deterrence effect it can bring but it may not seems so in reality, also arguments provided against the death penalty which include the high expenses incurred of the execution proceedings, the possibility of unfair application which may lead to wrongful application of the death penalty which will all be discussed in the following paragraphs to further substantiate the stand to abolish the death penalty.    

Deterrence, an argument the retentionists are using for death penalty to not be abolished but in reality, research is difficult to measure the deterrence level with the homicide rates due to many external factors that needs to be consider. Deterrence is a noun for the word deterrent meaning a thing that discourages or is intended to discourage someone from doing something (Oxford Dictionaries, 2012). Over the years, there are many studies to show the deterrence of death penalty relating to the crime rate such as the famous research done from 1933 through 1969 by Professor Isaac Ehrlich of the State University of New York, which concluded that death penalty can deter on an average of seven to eight homicides but it was later discredited by criminologists William Bowers and Glenn Pierce’s brutalization theory in 1975 due to Professor Ehrlich’s research did not include important factors such as homicides usually takes place when murderers are emotionally unstable (Haines, 1996). Furthermore, a study published in the Journal of Criminal Law and Criminology titled "Do executions lower homicide rates?: The views of leading criminologists" by Professor Michael Radelet and Traci Lacock of the University of Colorado (2009), found that 88% of USA’s leading criminologists do not believe the death penalty is an effective deterrent to crime. In addition, as shown in the tables, at the bottom of the post (Table 1 and 2), after comparing the data and resources from Amnesty International (2012), International Statistics on Crime and Justice published by HEUNI and UNODC (2010) and Internet WorldStats, it can be concluded that among the countries with highest homicide rates of between twenty to thirty per 100,000 population, the abolitionists are more than the retentionists. And among the countries with the lowest homicide rates of fewer than 3 per 100,000 populations, for the Europe and Oceania regions which has all the abolitionists and Asia having more retentionists than abolitionists. Hence it can be concluded that except for the Asia region, it is shown that countries that abolishes death penalty reflects lower homicide rates whereas those countries which retains the death penalty by practice or by law reflects higher homicide rates. Therefore it further proves that by having the death penalty does not deter homicides.

The strongest argument against the death penalty will be the very high cost of time and money needed for each capital case. Quoting from Haines, Associate Professor of Sociology at the State University of New York at Cortland (1996), “not all costs of the death penalty can be measured in dollars and cents. Capital cases also gobble up tremendous amounts of criminal court time, thereby delaying the processing of other important cases” (p. 171). According to criminology Professor Larry J. Siegel of the University of Massachusetts, Lowell (2000), the death penalty is indeed very costly. An example given was in 1998 there were 508 men and 9 women on death row in California. Due to the high numbers of appeals, the median time between sentencing and executing was 14 years. Just by processing the appeals alone, it is very expensive. In the year 2000, the annual budget of US$5 million (About S$6.1million) pays for California’s public defender staff of 45 lawyers who represent the inmates in death penalty cases (p. 567). Referring to a study done by the New York State Defenders’ Association, the average death penalty case which includes the trials and the first appeal will cost the government US$1.8million (About S$2.2million). This is three times as much as it would cost to keep an offender imprisonment for life (Gottfried, 1997, p. 52). To further support the high expenses needed, according to Gerber and Johnson (2007), though in Kansas, no executions were held but on average, a capital cases were 70 percent more expensive than non-capital cases. The median cost for a capital case was US$1.26 million (About S$1.6million) versus US$740,000 (About S$0.9million) which is almost half as much. Trial cost was on average sixteen times greater for capital cases compared to life imprisonment (p. 167). If in the USA, it is costing so much, then how about in Singapore whereby according to the United Nations, the per capita use of death penalty in Singapore is about 13.57 executions per one million population (Stearman, 2007, p. 9)? After looking at the many case studies, it can be determined that to abolish the death penalty is still the best decision so as to save the cost in terms of time and money to lessen the country’s financial burden, taxpayers’ money and also to prevent the delay to process other important cases.

Unfair application is the next main concern of anti-death penalty supporters as it may lead to unfair judgments or even wrongful application of the death penalty. “It is impossible to undo any penalty imposed on an innocent man.” said by Garett, a Phoenix-based writer in 1996 in his article “The Executioner’s Error,” in Liberty Magazine (Garett, 2000, p. 159). Indeed, once the person is executed, there is no way we could revive him and mistakes can never be rectified. Furthermore, after the case has ended, if there are no more appeals, there is little chance that anyone would probe further into the case to return justice to the innocent ones. These cases of wrongfully or unfair execution are especially possible to happen on those convicts who are of the poorer status, they are the ones who do not have the money to hire competent attorneys to fight for their case and look for useful evidence. In a research done by Professor David C. Baldus, Tye professor of law at the University of Lowa and his colleagues (1983), they notice the disparities based on the socioeconomic status of victims. They have notice that if the defendants whose victims were of a higher socioeconomic status, they are much highly to be sentenced to death penalty compared to those of their victims are of a lower socioeconomic status (Gerber and Johnson, 2007, p. 58). According to the book written by Professor of Criminology and Director of the Centre for Criminology Research in University of Oxford, Hood (1998), he wrote that, “defendant charged with a capital offence has a right to communicate with a counsel of his or her own choice and a right to legal assistance for trials and appeals, without payment if the defendant does not have sufficient means to pay for it. However, they often have to be earning low amounts to qualify for full legal aid and the fees paid to their lawyers are well below normal professional expectations” (Hood, 2002, p. 107). Hence then with the very low pay, how would any lawyer be able to fully fight for the defendant. This is further proved to be true as in a Texas case; the Federal Appeal Court for the Fifth Circuit stated in 1992, “The state paid defense counsel $11.84 per hour. Unfortunately the justice system got only what it paid for” (Hood, 2002, p.109). From 1989-1993, 41 cases were overturned or commuted by Bangladesh (Hood, 2002, p. 104), in US at least 141 people have been released from the prison after being either acquitted of all charges, dismissed charges from the prosecution or granted a complete pardon based on evidence of innocence (Death Penalty Information Center, 2012). These are just some of the examples of the possible innocent deaths if cases were not tried properly and if the defendants’ counsels are not competent enough, they would have been dead. In China, Teng Xingshan was convicted of the murder of a waitress in 1987 and, despite his pleas of innocence, he was executed in 1989. Years later, Teng’s children tracked down the waitress living in her home town. Teng was posthumously exonerated in January 2006 (Stearman, 2007, p.23). Let us consider, the many more possibilities of unfair applications and wrongful applications of the death penalty world-wide, how many more lives shall be taken innocently or unfairly? Hence, to prevent more innocent lives to be taken, death penalty should be abolished.

In conclusion, once said by Richard Dieter, Executive Director of the Death Penalty Information Center in 2005, “It’s not that the death penalty is thought to be morally wrong, but it is shown to have problems, risk and costs associated with it. The more fair and accurate you want to be with the death penalty, the more it will cost and the longer it will take” (Gerber and Johnson, 2007, p.165). Hence, how much time and money are we able to spend on the death penalty trials and procedures? Does death penalty really serves as a great deterrence? Should more innocent lives be taken just because they are poorer? These are the questions we should really ponder on before we consider to support the death penalty law. Therefore to end the whole essay, a solution suggested to minimize the above concerns is to replace the death penalty to life imprisonment without parole so that the dangerous murderers will not be able to kill anymore, the cost is also lesser to keep one prisoner for life than to have them on execution trials and most importantly there will be no more innocent life being taken away. 



Table 1: Highest homicide rates: Between 20 and 30 per 100,000 population

Countries
Retentionists in practice or law
Abolitionists in all crimes
Southern Africa

Botswana
Lesotho
Swaziland
      Namibia
      South Africa
        Central America
        Belize
        Guatemala
        El Salvador
        Costa Rica
        Honduras
        Mexico
        Nicaragua
        Panama
        Caribbean

        Antigua and Barbuda
        Bahamas
        Barbados
        Cuba
        Dominica
        Jamaica
        St. Kitts and Nevis
        Saint Lucia
        Saint Vincent and the Grenadines
        Trinidad and Tobago
        Anguilla
        Aruba
        Bonaire
        Saint Eustatius and Saba
        British Virgin Islands
        Cayman Curaçao
        Islands
        Dominican Republic
        Grenada
        Guadeloupe
        Haiti
        Martinique
        Monserrat
        Puerto Rico
        Saint-Barthélemy
        Saint Martin
        Sint Maarten
        Turks and Caicos Islands
        Virgin Islands (US)

        Table 2: Lowest homicide rates: Under 3 per 100,000 population

        Countries
        Retentionists in practice or law
        Abolitionists in all crimes
        Europe


        Austria
        Belgium
        Bulgaria
        Cyprus
        Czech Republic
        Denmark
        Estonia
        Finland
        France
        Germany
        Greece
        Hungary
        Ireland
        Italy
        Latvia
        Lithuania
        Luxembourg
        Malta
        Netherlands
        Poland
        Portugal
        Romania
        Slovakia
        Slovenia
        Spain
        Sweden
        United Kingdom
        Albania
        Andorra
        Belarus
        Bosnia
        Croatia

        Oceania


        Australia
        Fiji
        French Polynesia
        Guam
        Kiribati
        Marshall Islands
        Micronesia
        New Caledonia
        New Zealand
        Papua New Guinea
        Samoa
        Samoa, American
        Solomon, Islands
        Tonga
        Vanuatu

        Asia


        Afganistan
        Bangladesh
        Brunei Darussalam
        China
        Hong Kong
        Japan
        Kazakhstan
        Malaysia
        Myanmar (ex-Burma)
        Singapore
        India
        Indonesia
        Korea, North
        Maldives
        Mongolia
        Taiwan
        Thailand
        Laos
        Viet Nam,
        Korea, South
        Sri Lanka (ex-Ceilan)
        Tajikistan

        Armenia
        Azerbaijan
        Bhutan
        Cambodia
        Georgia
        Kyrgyzstan
        Macao
        Nepal
        Pakistan
        Phillipines
        Timor Leste (West)
        Turkmenistan
        Uzbekistan

        References:

        Signing off,
        Evelyn

        Sunday, December 16, 2012

        How can stress affect people in the modern society?


        It is undeniable that everyone experiences stress in our daily lives especially in this modern society where there are existence of unlimited uncertainties. Stress are in two forms, short term which is useful and long term also known as chronic stress which can cause a lot of problems to human. According to Blaug, Kenyon, & Lekhi (2007) “Modern definitions of stress share a number of essential ingredients. They all, to a greater or lesser extent, recognize that stress is a personal experience, caused by pressure or demands and impacts upon the individual’s ability to cope or, at least, his/her perception of that ability” (p. 15). Abstracted from The Telegraph (2012), there are increasing numbers of people suffering from stress, solely in England, the number of people treated in hospitals for stress related illness have risen by seven per cent in the year to May. Hence stress especially chronic stress, can affect our health significantly in terms of our heart, immune system and reproduction functions.
        Our heart, which is one of the first physiological parts in our body that is affected by stress, can lead to several negative health effects. The negative health effects include increased heart rate and blood pressure. In addition, when the stress level rises for an extended period of time, it will become what is said to be chronic stress that can cause plaques to accumulate in the arteries and block the blood flow, this is known as, atherosclerosis which can over time result in fatal illnesses such as heart attacks, stroke and even take away the life of the person (Olive, 2007, p. 14). Referring to a press release by Grant Thornton International (2006) “in 30 countries around the world shows that 57% of all business owners reported higher stress, compared to 39% in 2004, and just 6% felt their stress levels had gone down.” Hence even the bosses are feeling the stress, subordinates whom have the stress of their work and in addition the authority stress from their bosses, with prolonged over a period of time, chronic stress will arise and eventually cost the health of everyone especially in this modern society whereby pace are much faster, competitions are harder and ideal result is of the utmost importance.
        Chronic stress can also cause the functions of our immune system to be less effective and cost us our health due to the production of stress hormones and the ability of it to defend against infections, viruses and cancers. Stress hormone, Cortisol can cause the immune cells to shift outside of the bloodstream and into the tissues when the immune cells are supposed to do their work to immune the person from infections and viruses (Olive, 2007, p. 16). According to an investigation done on 75 first year medical student, the result reflects that stress, such as that of examination, indeed reduces the effectiveness of our immune system (McLeod, 2010). This can also explain why we are more susceptible to be falling sick during our examination periods like getting the cold virus. Stress is also impactful when it comes to defending against cancers. A landmark research done by Dr. David Spiegel of Stanford University, published in 1989 which conclude that women with breast cancer can live longer if social and psychological support was provided to them than those without supports (Holmes). Support is significant because it helps to reduce the stress of facing the health challenges alone meaning if more support were received, the stress of the patients will also be lowered. As quoted from a scientific review by Padgett & Glaser (2003), “It is now widely accepted that stressful life events can impact the health of an individual, including immunological health” (p. 447). Therefore, it is unavoidable to be relating stress as a cause for our immune system functions to be decreasing particularly in this ever advancing society.
        Our reproduction health is also another victim of chronic stress as it can cause an individual of both genders to lose their “sex drive”, due to changes of hormones level and also cause ovarian dysfunction leading to infertility in females (Talbott, 2007, p. 101) (Vliet, 2003, p.127). According to a book by Talbott (2007), when individuals are under stress for a prolonged period of time, for the females, their hormones such as oestrogen and progesterone level will drop causing the uterine lining to stay rudimentary leading to their menstrual cycles to be abnormal or even stop totally. This will result in ovarian dysfunction whereby the female will be unable to ovulate and hence becoming infertile (p. 103). Referred from a book by Sapolsky (2004), while male due to the long term stress, they will have problem with erections and also produces less testosterone thus losing their “sex drive” and causing less sperms to be produced and therefore unable to be as fertile as someone who experiences less stress or shorter term of stress (p.9). Hence it is very evident that chronic stress can cause us to secrete more hormones than what is needed, thus able to stimulate our reproduction health to the critical stage of infertility.
        So, how to prevent ourselves to becoming a victim of stress or most importantly chronic stress especially in this modern society? Take a vacation! We will be surprised with how much happier and healthier we will feel! Or just pay attention to our surroundings, relax and even slow down our pace of life, do not overestimate our ability and stress ourselves unnecessarily. The health of ours is within us to control, if we do not take charge of our own health and let stress on the loose then our heart, immune system and reproduction health will be at risk and will even cost us our life.

        References:

        Signing off, 
        Evelyn