Trends in Capital Punishment
- Capital punishment in Illinois
The Illinois governor stopped signing any death penalty on the ground that the ground that the system was fundamentally unfair and flawed. He termed the system as having error to the extent that it had finally become a nightmare (Wilgoren, 2003). The state had a bad track record of acquitting many inmates on death row compared to those executed. Due to the errors in the system, there are many opportunities for execution of innocent people. It was important for the governor to ensure that anybody sentenced to capital punishment is really guilty and have moral certainty that only the guilty is being punished. Many capital cases had been found to biased and incompetent, thus undermining them. The results were a record of innocent people being convicted and being put on death row (Wilgoren, 2003). While the decision by the governor may be grounded on good reasoning, he may not have considered those who have been victims of the crimes. The victims’ families may perceive that the criminal justice system has been undermined since they had initially been made to believe that their legal decisions would be arrived at after keen review of all evidence (Steiker & Steiker, 2016). However, the governor was exercising the reprieve power that is granted to him.
- Innocence Project
The Innocence Project is a program whose establishment is attributed to the research by United States Senate and United States Department in collaboration with Benjamin N. Cardozo School of Law where it was found that a higher percentage of wrongful verdicts were due to wrongful identification by the eyewitnesses (Murray, 2014). The mission for the project has been to set free the innocent persons who have been incarcerated and reforms the system that has led to the unjust imprisonment of the individuals. The major focus for this project is the cases involving available DNA evidence that whose test can be redone. The various members of the Innocence Network also assist in the exoneration of the people whose DNA tests are not available for testing or retesting. Irrespective of a high percentage of error, a significant number of eyewitnesses identification process is normally incorrect, given that identification by the eyewitness is regarded as among the most important evidence presented against crime suspect (Shafir, 2013). The errors in the process arise due to witnesses being subjected to increased stress and anxiety.
In addition, the memory of a human appears to recreate incidents due to humans’ lack of capability in recording memories as with a video recorder. The witnesses tend to pay attention to the weapons but not the perpetrators’ identity. The identification procedures for the suggestive eyewitnesses applied by the prosecuting agencies and by the police may be inadequate, while the high possibility of suspect identification in case where cross-racial eyewitness is involved in the process (Shafir, 2013). Within the project as Innocent Network that involves a coalition of various organizations (independent) around the world whose aim is to offer free legal services to people who have wrongly been sentenced for various crimes (Shafir, 2013). The procedures involved in the project involves the collaborative effort of the inmates, various crime labs, the defense lawyers and prosecutors, where the case details or histories including medical reports, transcripts and any appellate briefs. The procedure involves litigation in appellate court trials in the country in relation to the constitutional and procedural matter which may be found when obtaining accessibility to the available evidence and the testing process so as to prove innocence (Shafir, 2013). The adoption of DNA technology in freeing innocent persons through the project provides proof that is unquestionable, those there improper convictions results from flaws but are not uncommon events.
The Innocence Project results have been quite positive since the group has proved to be an integral process of freeing people whose conviction by the criminal justice system has been wrong. The group has been able to adopt the use of DNA testing in demonstration of innocence that can lead to exoneration. The group has also come up with efforts aimed at education of the public and professionals in the criminal justice systems regarding the risks involved in wrongful conviction more so for the poor and the minority people of color(Murray, 2014). The group has also supported various reforms that would minimize risks of unlawful sentences principally in eyewitness identification areas, interrogations and forensic evidence. The wrongful conviction has been shown to have impacts on capital punishment debate (Murray, 2014).
- Atkins v. Virginia and Roper v. Simmons
The Atkins v. Virginia and Roper v. Simmons cases relates to capital punishment of people who are mentally retarded and the juvenile offenders. In Atkins v. Virginia, the court held that Execution of criminals who are mentally retarded is unconstitutional in relation to the 8th Amendment which outlaws “cruel and unusual punishment” (Alford, 2005). Atkins had been found to have mild mental retardation. In Roper v. Simmons, the court held that the Execution of Juveniles below 18, as provided for in the 8th and 14th Amendments to be unconstitutional (Alford, 2005). The issues involves whether imposing death penalty on people who are mentally retarded amounts to “cruel and unusual punishment”, the same as execution of children under 18 years (Alford, 2005). The trend indicated in the former case involve the applicability of capital punishment by the court systems in future amidst various constitutional amendments that attempts to abolish it at the state and federal levels.
The challenges presented in application of capital punishment involves using evidence that is seen as biased or subjective , which informs judgments and use of outdated instruments instead of using clinical definitions and methods that are widely accepted. In this sense, court will have to ask if a ground exists for disagreeing with the judgment especially for juvenile and individuals considered mentally retarded. The mentally retarded persons are shown to possess limited understanding and information processing capabilities, and their ability to communicate and employ logical reasoning, impulse control and comprehend other people’s reactions (Roughan, 2013). Thus, would executing these persons measurably contribute towards the achievement of goals of capital punishment? This is because such individuals are seen to have less moral capability which does not warrant most extreme punishment available. Moreover, their decisions cannot be calculated in a way that capital punishment would deter their actions. In the same view, the courts will have to determine the dependability of scientific knowledge application in light of behavioral and intellectual limitations of the person if at all the death penalty will continue to be applied(Roughan,2013). The execution of juveniles will face challenges in light of scientific affirmation that offenders under 18 years show deficiencies that warrant them to be excluded from death penalty. With constant scientific developments, there is possibility that new knowledge will challenge the various techniques and conclusions derived from related information. Juveniles are also seen as not being as culpable as any other average criminal. There is consistent change in regard to capital punishment for juveniles and more states have prohibited their executions (Hoeffel, 2013). These changes are likely to results in more states prohibiting death penalty for the juvenile offenders.
- Stanley "Tookie" Williams case
Stanley Williams had been convicted of brutal murder of four individuals in two different cases of armed robbery. The murders took place in February and March 1979. With his three accomplices, Williams engaged in a robbery spree in a store and a motel, where and murdered four people and made way with $220 in cash (Schwarzenegger, 2005). After exhausting his appeals, William sought for mercy by petitioning for clemency by claiming that his personal transformation and redemption proved that he deserved it. He also claimed that due to the issues in his trails, the jury’s judgment fairness had been undermined (Schwarzenegger, 2005). The controversy in the case stemmed from the claim that the trail was unfair which saw an extensive litigation involving at least 8 judicial opinions at the state and federal courts. Among the various issues that rose involved reliability and adequacy measures used in trial, the accused competency to face trail and the influence of Williams threats to the jurors (Schwarzenegger, 2005). The decision by the court was not warranted for since the accused had shown clear transformation and through remorseful pleas, he had been redeemed. Moreover there are other issues that appear to have influenced the decision by the court such as Democrat v. Republican contests. Clemency in this case was deserved by the accused.
References
Murray, R. K. (2014). Innocence Project. The Encyclopedia of Criminology and Criminal Justice, 1-5.
Shafir, E. (2013). The behavioral foundations of public policy. Princeton: Princeton University Press.157
Wilgoren, J. (2003). Citing issue of fairness, governor clears out death row in Illinois. New York Times, 1. Retrieved from: https://www.nytimes.com/2003/01/12/us/citing-issue-of-fairness-governor-clears-out-death-row-in-illinois.html
Steiker, C. S., & Steiker, J. M. (2016). Courting Death. Cumberland: Harvard University Press. 346
Alford, R. P. (2005). Roper v. Simmons and Our Constitution in International Equipoise. UCLA L. Rev., 53, 1.
Hoeffel, J. C. (2013). The Jurisprudence of Death and Youth: Now the Twain Should Meet. Tex. Tech L. Rev., 46, 29.
Roughan, N. (2013). Authorities: Conflicts, cooperation, and transnational legal theory. Oxford: Oxford University Press.
Schwarzenegger, A. (2005). Statement of decision: Request for clemency by Stanley Williams. Retrieved from: New York Times website: http://graphics8. nytimes. com/packages/pdf/national/Williams_Clemency_D ecision. Pdf
