BreAnnas English Blog
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.
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