Sunday, August 10, 2014

Conclusion

I thought this class was a fun and informative class. I enjoyed all of the discussions we had in class each time and how much all of the class participated in the discussion and got everyone thinking about their points and in some instances, even getting into a small friendly debate about it. I enjoyed the thinking that the class gave us in regards to the reading and made us think about things we wouldn't normally think of. I also enjoyed doing the blog. I thought it was a good way to turn in assignments and it gave everyone enough time to do their assignments since they just had to be posted online. I thought the group discussions were enjoyable as well because the groups also had interesting things to say, even if sometimes they didn't want to say it in front of the whole class.

Major writing #3

BreAnna Montoya

Mrs. Kamri Goff

Major Writing Assignment #3

August 6, 2014

The capital punishment will always be around no matter how much people fight against it. There are those people who always fight against it and those who are for it. Then you have those who are okay with it depending on the situation. There was a controversial issue in 2011 when a Georgia man was executed for his crimes. There are those criminals who are on death row who are exonerated due to advances in technology and evidence. The ALCU thinks there is no place for the death penalty in a civilized country; which is why they are against it.

There are pros and cons of the death penalty. One issue that comes up is morality. According to Bruce Fein, JD, “The crimes of rape, torture, treason, kidnapping, murder, larceny, and perjury pivot on moral code escapes apodictic (indisputably true) proof by expert testimony or otherwise. But communities would plunge into anarchy if they could not act on moral assumptions less certain than that the sun will rise in the east and set in the west. Abolitionists may contend that the death penalty is inherently immoral because governments should never take human life, no matter what the provocation. But that is an article of faith, not fact. The death penalty honors human dignity by treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does not treat him as an animal with no moral sense.” What he is saying in this is that if people could not act on their moral issues there would be anarchy all over the place where people would do what they want to the criminal and become a criminal themselves.

On the other side of morality is the con issue. According to Brian Stevenson, JD, “Ultimately, the moral question surrounding capital punishment in America has less to do with whether those convicted of violent crime deserve to die than with whether state and federal governments deserve to kill those whom it has imprisoned. The legacy of racial apartheid, racial basis, and ethnic discrimination is unavoidably evident in the administration of capital punishment in America. Death sentences are imposed in a criminal justice system that treats you better if you are rich and guilty than if you are poor and innocent. This is an immoral condition that makes rejecting the death penalty on moral grounds not only defensible but necessary for those who refuse to accept unequal or unjust administration of punishment.” In this article, he is saying that rejecting the death penalty is not only a moral decision but it is also unjust administration of punishment and human beings should not be subject to that.

The next issue is on Constitutionality of the death penalty. Chief Justice John G. Roberts is pro-death penalty and according to him, “Simply because an execution method may result in pain, either by an accident or as in escapable consequence as death, does not establish the sort of ‘objectively intolerable risk of harm’ (quoting the opinion from the Court of Farmer V. Brennan, 511 U.S. 825, 842, 846 (1994)) that qualifies as cruel and unusual…Kentucky has adopted a method of execution believed to be the most human available, one it shares with 35 other States…Kentucky’s decision to adhere to its protocol cannot be viewed as probative of the wanton inflinction of pain under the Eighth Amendment…Throughout our history, whenever a method of execution has been challenged in this Court as cruel and unusual, the Court has rejected the challenge. Our society has nonetheless steadily moved to more humane methods of carrying out capital punishment.” In this article, he is saying that regardless of the argument of cruel and unusual punishment due to people thinking that its inhumane, there will always be the death penalty and it is continually adapting the methods to be humane.

On the con side of the Constitutionality argument, William J. Brennan, JD had this to say, “Death is…an unusually severe punishment, unusual in its pain, in its finality, and in its enormity…The fatal constitutional infirmity in the punishment of death is that it treats ‘members of the human race as nonhumans, as objects to be toyed with and discarded. (It is) thus inconsistent with the fundamental premise of the Clause that even the vilest criminal remains a human being possessed of common human dignity.’ (quoting himself from Furman v. Georgia, 408 US 238, 257 (1972)). As such it is a penalty that ‘subjects the individual to a fate forbidden by the principle of civilized treatment guaranteed by the (Clause).’ (quoting C.J. Warren from the Trop v. Duells, 356 US 86, 101 (1958)) I therefore would hold, on that ground alone, that death is today a cruel and unusual punishment prohibited by the Clause…I would set aside the death sentences imposed…as violative of the Eighth and Fourteen Amendments.” In his statement, he is stating that the death penalty is cruel and unusual punishment and he would not sentence anyone to it as he feels like it is inhumane.

The next issue that comes up in the death penalty is Deterrence. According to Ernest Van Den Haag, PhD, “Common sense, lately bolstered by statistics, tells us that the death penalty will deter murder…People fear nothing more than death. Therefore, nothing will deter a criminal more than the fear of death…life in prison is less feared. Murders clearly prefer it to execution –otherwise they would not try to be sentenced to life in prison instead of death…Therefore, a life sentence must be less deterrent than a death sentence. And we must execute murderers as long as it is merely possible that their execution protects citizens from future murder.” What he is stating is that, if criminals and murders have nothing to fear when they commit the crime, they will continue to commit those crimes, whereas if they fear the consequence, they will be less likely to commit crimes and the executions of the criminals will save more lives because the citizens will now be safe.

On the other side of Deterrence you have the American Civil Liberties Union who states, “There is no credible evidence that the death penalty deters crime more effectively than long terms of imprisonment. States that have death penalty laws do not have lower crime rates or murder rates than states without such laws. And states that have abolished capital punishment show no significant changes in either crime or murder rates. The death penalty has no deterrent effect. Claims that each execution deters a certain number of murders have been thoroughly discredited by social science research.” The ACLU states in this article that even though the reports state that the death penalty deters criminals, that is not true and the criminals will still commit the crimes. The ACLU also states that there is no credible evidence of the deterrent of crimes based on the death penalty.

The next issue of the death penalty is Retribution. J. Budziszewski states the following on retribution, “Society is justly ordered when each person receives what is due to him. Crime disturbs this just order, for the criminal takes from people their lives, peace, liberties, and worldly goods in order to give himself undeserved benefits. Deserved punishment protects society morally by restoring this just order, making the wrongdoer pay a price equivalent to the harm he has done. This is retribution, not to be confused with reventge, which is guided by a different motive. In retribution the spur is the virtue of indignation, which answers injury with injury for public good…Retribution is the primary purpose of just punishment as such…Rehabilitation, protection, and deterrence have a lesser status in punishment than retribution.” In this article, he is saying that retribution is considered just punishment for crimes that deserve the death penalty.

On the con side of the death penalty, Raymond A. Schroth, SJ had this to say, “Retribution is just another word for revenge, and the desire for revenge is one of the lowest human emotions –perhaps sometimes understandable, but not really a ratinal response to a critical situation. To kill the person who has killed someone close to you is simply to continue the cycle of violence which ultimately destroys the avenger as well as the offender. That this execution somehow gives ‘closure’ to a tragedy is a myth. Expressing one’s violence simply reinforces the desire to express it. Just as expressing anger simply makes us more angry. It does not drain away. It contaminates the otherwise good will which any human being needs to progress in love and understanding.” In this, he is stating that the execution of someone due to the death penalty will give the victims family closure for the crime. He states it is not true and someone else’s family has been jolted because they now have lost a son, daughter, father, mother, aunt, uncle, brother or sister.

The next issue of the death penalty is Irrevocable Mistakes. According to Steven D. Stewart, JD, “…No system of justice can produce results which are 100% certain all the time. Mistakes will be made in any system which relies upon human testimony for proof. We should be vigilant to uncover and avoid such mistakes. Our system of justice rightfully demands a higher standard for death penalty cases. However, the risk of making a mistake with the extraordinary due process applied in death penalty cases in very small, and there is no credible evidence to show that any innocent persons have been executed at least since the death penalty was reactivated in 1976…The inevitability of a mistake should not serve as grounds to eliminate the death penalty any more than the risk of having a fatal wreck should make automobiles illegal…” He is stating that no matter what evidence is there, there is not a 100% guarantee that anything is correct.

On the other side of the argument, Russ Feingold, JD states, “…Since the reinstatement of the modern death penalty, 87 people have been freed from death row because they were later proven innocent. That is a demonstrated error rate of 1 innocent person for every 7 persons executed. When the consequences are life and death, we need to demand the same standard for our system of justice as we would for airlines,…It is a central pillar of our criminal justice system that it is better that many guilty people go free than that one innocent should suffer…let us reflect to ensure that we are being just. Let us pause to be certain we do not kill a single innocent person. This is really not too much to ask for a civilized society.” In this he is stating that no one should be sentenced to death because there is a chance they could be innocent for the crime they were convicted of or accused of committing.

The next issue with the death penalty is the Cost of Death vs. Life in Prison. According to Dudley Sharp, “Many opponents present, as fact, that the cost of the death penalty is so expensive (at least $2 million per case?), that we must choose life without parole (‘LWOP’) at a cost of $1 million for 50 years. Predictably, these pronouncements may be entirely false. JFA (Justice for All) estimates that LWOP cases will cost $1.2 million-$3.6 million more than equivalent death penalty cases. There is no question that the up front costs of the death penalty are significantly higher than for equivalent LWOP cases. There also appears to be no question that, over time, equivalent LWOP cases are much more expensive…than death penalty cases. Opponents ludicrously claim that the death penalty costs, over time, 3-10 times more than LWOP.” In this, he is stating that life in prison costs the tax payers and everyone else more money in the end than if we were to just use the death penalty on those who have life without parole.

On the other side, Richard C. Dieter had this to say, “In the course of my work, I believe I have reviewed every state and federal study of the costs of the death penalty in the past 25 years. One element is common to all of these studies: Thy all concluded that the cost of the death penalty amounts to a net expense to the state and the taxpayers. Or to put it differently, the death penalty is clearly more expensive than a system handling similar cases with a lesser punishment. It combines the costliest parts of both punishments: lenghtly and complicated death penalty trials, followed by incarceration for life…Everything that is needed for an ordinary trial is needed for a death penalty case, only more so: more pretrial time, more experts, twice as many attorneys, two trials instead of one will be conducted: one for guilt and one for punishment, and then will come a series of appeals during which the inmates are held in the high security of death row.” In this instance, he is saying that if you are going to go after the death penalty, there should be a much more extensive case before the criminal can be put to death.

No matter what your position on the death penalty is, there are multiple arguments for both sides of it. The death penalty will always be there and will always be an issue among all Americans. No one will be happy until its abolished in all states or until its legal in all states. Even with it being legal in all states or abolished in all states, not everyone will even be close to happy about it.

Works Cited

Baze V. Rees (US Supreme Court April 16, 2008).

Budziszewski PhD, J. (2004, August/September). Capital Punishment: The Case for Justice. Retrieved from Orthodoxy Today: www.orthodoxytoday.org

Cohn, S. E., & Barkan, S. F. (1994). Racial Prejudice and Support for the Death Penalty by Whites. Journal of Research in Crime and Delinquency, 202-209.

Davis, N. (2011). Viewpoint: Death penalty should be abolished. Retrieved from WSU Signpost: www.wsusignpost.com/2011/09/22/viewpoint-12-5699#.U7tI8JUg_IU

Dissenting opinion in Gregg V. Georgia (Justice of the US Supreme Court July 2, 1976).

Donohue, J., & Wolfers, J. J. (2006). The Death Penalty: No Evidence for Deterrence. The Economists Voice.

Ehrlich, I. (1975, June). The Deterrent Effect of Capital Punishment: A Question of Life and Death. American Economic Review.

Fein JD, B. (2008, June 17). Individual Rights and Responsibilitues- The Death Penalty, but Sparingly. Retrieved from ABA: www.aba.org

Feingold JD, R. (200, April 26). National Death Penalty Moratorium Act of 2000.

Head, T. (n.d.). Types of Executions. Retrieved from civilliberty.about.com: civilliberty.about.com/od/capitalpunishment/ig/Types-of-Executions

House Bill 1094 -Costs of the Death Penalty and Related Issues (Judiciary Committe February 7, 2007).

Mocan, N., & Gittings, K. (2010). The Impact of Incentives on Human Behavior: Can we make it disappear? The Case of the death penalty. The Economics of Crime: Lessons for and from Latin America, 379-418.

P.C. Ellsworth, S. G. (1994). Hardening of Attitudes: Americans' Views on the Death Penalty. Journal of Social Issues, 19-52.

Reggio, M. H. (1995-2014). Racial Prejudice and Support for the Death Penalty by Whites. Retrieved from PBS: www.pbs.org/wgbh/pages/frontline/shows/execution/readings/history.html

Schroth SJ, R. A. (2008, September 5). Email. Procon.org.

Sharp, D. (1997, October 1). Death Penalty and Sentencing Information. Retrieved from Justice for all.

Stevensen, J. B. (2004). Close to Death: Reflections on Race and Capital Punishment in America. In Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case.

Steward JD, S. D. (2008, August 6). Clark County Prosecutor Website. Retrieved from Clark County Prosecutor Website

Union, A. C. (2007, April 9). The Death Penalty: Questions and Answers. Retrieved from ACLU: www.aclu.org

Van Den Haag PhD, E. (1983). For the Death Penalty. New York: New York Times.

Van Den Haag PhD, E. (1983, October 17). For the Death Penalty. New York Times. New York Times.

White, D. (n.d.). Pros & Cons of the Death Penalty. Retrieved from usliberals.about.com: usliberals.about.com/od/deathpenalty/i/DeathPenalty.htm

Journal #14 -The Future of Your Topic

I think the future of my topic is going to be a big debate. There are always going to be those people who agree with the death penalty and then there are those people who will disagree with it, no matter what the circumstances are. I always think there will be people that are for the death penalty and those that are against it. I don’t think there will be lots of people on one side or the other. I think it will be a 50/50 split.

Journal #13

Saturday was a good day. My mom and I decided to get a massage and a pedicure from Beyond Spa. It is our favorite place to go. We like to try and go once a month, although we are not always successful with that and sometimes it turns out to be once every 2-3 months. It was a very relaxing and just what we needed after a long week of having a destroyed house. We also went to my aunt and uncles house and had some dinner and played games. We are also going over there on Sunday because we are not able to cook anything on the stove, just what can be cooked in the Microwave.

Journal #12

This weekend has been a crazy one. Our new floors are being installed on Monday and on Saturday, the guys came in and took up the linoleum. It was interesting to watch them cut it in sections and then remove the linoleum and sub floor. The subfloor was just nailed down so all they had to do was take a crow bar underneath it and force it up. Once that part was done, they then had to nail the leftover nails back into the floor. I am really glad they are coming on Monday to put in the floor. We found out that we don’t have to wait 24 hours after they are done so that is nice that as soon as they are done with one room, we can move stuff back into it so it looks like we have a house.

Wednesday, August 6, 2014

Journal 11

I graduated from Cosmetology school in August of last year. It took me 6 years to graduate because I went to the DATC, where most of the teachers don’t really care whether or not you graduated. I decided to transfer to Marinello in May of 2013 and I had finished in August of 2013. I was really grateful that I was able to transfer because I think that if I was still at the DATC I would not have graduated. I was grateful for the teachers at Marinello who took the time to teach me the things I still needed to learn.

Journal 10

My mom and I are getting a massage and pedicure this Saturday for a relaxing day. We like to go to Beyond Spa in Layton. We try to get there at least once a month, however some months are busier than others and its hard to go. The Hot Stone massage is my favorite one. It makes all of your muscles feel so good.

Journal #9

Monday we finished cleaning out our kitchen so we can paint the walls and tear up the floor. We cleaned off the tops of the cupboards where we had decorations. I talked my mom into just getting rid of the sunflowers we had up there since they have been there since we moved in. The house looks like its being built now because the carpet was ripped up. My step-dad was tearing up the carpet until 3 in the morning last night so I didn’t get very much sleep. I am excited to get the new floor. I am mostly excited because I can roll the ball on the floor and watch the dogs run and chase it.

Major Writing #2

BreAnna Montoya

July 22, 2014

Mrs. Kamri Goff

Major Writing Assignment #2

With the topic of Capital Punishment, the topic is very controversial among everyone. Some people are okay with it at all times, some people are against it at all costs and other are okay with it depending on the crime. There was an article from September 2011which follows the execution of a man in Georgia. The article states that a lot of people who were on death row, are being exonerated due to advances in technology and evidence. Most people think the death penalty should be abolished. The article references the ALCU which thinks the death penalty has no place in a civilized country. The article is not saying that opposing the death penalty doesn’t mean that you would deny convicted murders of punishment, it means people think there could be something else that they could do. Based on this article, one could determine the people who were interviewed for this article are opposed to the death penalty.

When people are talking about the opposite side of the forum from opposition to support, the support has increased for capital punishment in the past few years. There is also the issue of the mentally ill and whether or not people support the death penalty for the mentally ill. The death penalty support has increased since 1966, which was when supporters were outnumbered by opponents. In the 1990’s the support was at a record high. Research has determined that most people’s attitudes towards the death penalty are based on emotion rather than information or rational argument. Death penalty support has risen for most of the major felonies. No matter what someone’s stance may be, most still oppose the death penalty for the mentally retarded.

There is more than just opposing and supporting the death penalty. Some will say it depends on your race as to whether or not you are sentenced to death. There has been little research to investigate this difference. There is data from the 1990 General society survey that states whites supported the punishment as its associated with prejudice against blacks. People are always going to pull the race card when it comes to anything but especially capital punishment.

Sometimes people think the death penalty saves lives, which can be true in the event of serial killers, however sometimes that is not always the case. There has been some recent interest, at this time in 2006, as there were lots of papers written during that time and currently. The article assesses the time series evidence, comparing the homicides and executions in the US and Canada and within the US between executing and non-executing states. It analyzes the judicial experiments, and the execution and homicide rates since 1934.

Sometimes people are not smart enough to think about the consequences of committing their crimes. People will argue that those who commit the crime, are not thinking about the consequences and therefore should not be punished to death. Decades of research shows that criminal behavior responds to incentives, non-economists think that humans are not rational enough to make decisions about benefits engaging in crime. Research should not be driven by personal beliefs. It states that Mocan and Gittings provide evidence that people react to incentives induced by capital punishment. Research found that the deterrent effect of the death penalty show strong feelings which could be due to political, ideological, religious or personal beliefs. The article also states do not mean that capital punishment is good or bad.

There are people out there who talk about the legitimacy of the death penalty, which is a very old argument, it could even be as old as the death penalty. The philosophical and moral arguments, whether they be for or against it, have remain unchanged since the beginning of the debate. There is one issue that has been outstanding is the subject of increased investigation; due to the objective nature and dominant role it has played in shaping the cases against the death penalty.

The history of the death penalty goes as far back as 18^th century BC. The Code of King Hammurabi of Babylon codified the death penalty for 25 different crimes, although murder was not one of them. The first death was recorded in 16^th century BC Egypt where someone was accused of magic and ordered to take his own life. The first recorded execution in English American colonies was 1608 when George Kendall of Virginia was killed for supposedly plotting to betray the British to the Spanish.

There are multiple ways that people used to be executed when the death penalty first became a sentence in 18^th Century BC. The rulers decided how people would be executed like, boiling them in oil, throwing them in snake pits, dragging them under boats, flaying them, poisoning them, burying them alive, drawing and quartering them, etc. The way people are currently executed for the death penalty is less gruesome, the most common is lethal injection. Very few use the gas chamber and the electric chair anymore.

There are pros and cons to every subject out there. The people who are against the death penalty think the death penalty is the ultimate denial of human rights. . They think its premeditated and cold-blooded killing of a human being. 13,000 people have been executed since colonial times. The 1930’s, The Depression Era, saw a historic peak in executions.

There are a lot of different opinions when it comes to the death penalty. Its hard to think of what every single person will think of the death penalty as each person is either for or against the death penalty and they have their own reasons. Someone could be against it because they had a crime committed against them and the crime that was committed against that person could mean the punishment of the death penalty. Then there is the person who had a family member sentenced to death for the crimes they may have committed and they feel like it is wrong to put someone to death for a crime.