During the Fall 2012 semester, our Pilot Program students in the Loyola Intensive English Program focused on the death penalty through reading, film viewing, discussing, and writing. This work culminated in an essay assignment that asked the Pilot students to argue persuasively for their own point of view, for or against the death penalty.
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Jessica Osteicoechea of Venezuela |
Our previous post features an essay in favor of the death penalty by Xiang "James" Zhang of China. This post features an essay by Jessica Osteicoechea of Venezuela opposing the death penalty.
Jessica completed her Pilot studies this fall and will go on in Spring 2013 to study for her LL.M. degree in the College of Law at Loyola University New Orleans. Jessica believes that the death penalty violates human dignity and is no longer necessary in today's sociey. Jessica's essay is a bit long, but it is well worth reading. She takes the time to articulate her opinion carefully and to illustrate it vividly. Here is Jessica's essay.
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Building an Opinion about the
Death Penalty
By Jessica Osteicoechea
Whether we support the death
penalty or not should not be based on a whim. To have an unblemished opinion
about it we need to analyze, know, and identify the death penalty’s implications.
Then, our hearts and minds will give us the pattern to build a congruent
opinion based on our morals and values. To support the death penalty is not a matter of
faith. Everyone who feels capital punishment should be applied is free to hold
that opinion. However, before taking sides and expressing our feelings in this regard
we first must analyze the following considerations.
The first aspect I want to analyze
with you is the legal weight of the death
penalty. It is definitely a legal punishment because the law
allows its application. Therefore, it is perfectly legal to apply it. However,
we should not confuse legality with justice. The law is not always just, yet it
is still law. Therefore, when building your own opinion do not settle for the fact
that
it is legal because the justice system
is
an entity full of errors. For instance, the Arizona
law allowing a police officer to detain someone and ask for his papers if that person resembles
a foreigner may be considered unjust because many people looking different are
being disrespected in their rights. However, this is a law and regardless of its
injustice must be applied. Another example of an unjust law is the tax regulations
imposing a higher tax burden on a select group of people. In fact, everyone has
the same rights and obligations. However, the law makes a distinction between
people based on their income and creates a disadvantageous situation for some
others, which is perfectly legal, but at the same time it is unjust.
It is important to recall that
the law is made to be applied in countless situations, all different, all
unique. Hence, the law should be as wide as possible. This will allow many
situations to be decided based on just one rule. However, this is also going to
gather all the situations as a single one where it will not matter its
specifics or particular circumstances. For instance, a contract will always be
law between the parties even if that contract is clearly disadvantageous for
one of the parties. Perhaps someone who did not know how to read signed a
contract because he was in a desperate situation. Well, it is unjust that this
person is going to be harmed by the contract, but it is legal to enact it. The law is there to be equally applied
to everyone, regardless of particular issues or situations. It is an advantage
in some cases but a disadvantage in others. Nonetheless, this is the way the
law is supposed to work.
Essentially, law is supposed to
move forward, to change along with society, to always improve and make our
world a better and fairer place. However, some people still believe in the old
saying "an eye for an eye" as the best way to deliver justice. I am
convinced that the times when these types of penalties were needed are over. We
cannot keep building our society based on revenge, violation of human rights,
and death. On the contrary, it is time to create, to build, to make better
people by giving all the same opportunity to grow in an atmosphere of respect
for life. This is a perfect time to remember that one’s own example is the best
teaching; the faster we
understand that, the sooner we will be reaping the benefits of a better
society.
During old times, people did not
have any other possibility to defend their lives or belongings than killing
thieves or murderers. This happened because they did not have a government
system to stop criminals and protect society; we do have that in our time.
Before, people did not have the resources we have now: police officers, militaries,
prisons, and well-organized cities. Of course, in the past it was necessary to
kill a murderer or a thief because of what else they might do. People used to live in groups, in open
space houses or even in tents. Then, how were they supposed to protect
themselves without killing the criminal. They did not have a place to incarcerate
people because jails and prisons did not exist. Thus, they did what they best
could, but we do have a chance to do better than they. We do not need to resort
to old practices to safeguard society. We now have some other ways to apply
justice.
Now you might be questioning,
what to do with criminals who do not want to follow society's limits and rules
or what to do to control criminals without capital punishment. Indeed, the
legal system is there to protect society, but no one said that the application
of the death penalty is the only way to achieve that aim. A country has access
to so many resources to punish their criminals without breaching the human limits
in doing so. Committing a crime doesn’t mean that a person has waived his human
essence. Therefore, criminals are still human beings, and just as humans, they
should be treated. For instance, a criminal can be incarcerated for the rest of
his life; the incarceration can be also deprived of the possibility of parole. Moreover,
prisons are very secure nowadays. Then, it is extremely difficult for an inmate
to escape.
Life in prison is a severe
punishment where society is being protected, but without profaning the most
important inalienable right, the life. To respect human rights should not be a
matter of discretion. Every state wanting to be part of the globalized world
and interact without conflict with other countries should respect the absolute
value of the human rights, especially the right to live. It is a shame that
some countries play with the most sacred values as if they were negotiable.
A second thought I would like to
bring up is that the expectation given to the execution is unconscionable
because killing the criminal will not help the victim's family to ease its
pain. It cannot be expected that the grief of losing a loved one would decrease
or disappear with the execution. The
reality is that to lose someone is always painful and only time can bring some
consolation. Time will be the one giving people some comfort, not the death of
others. It is disrespectful to believe that the execution will heal the pain of
someone's loss. The victim's life
is irreplaceable and his or her memory cannot be erased by just ending his or
her executioner’s life. Perhaps,
the execution of a murderer might disguise the pain of the victim’s family while
the adrenaline of getting revenge is still around, but once the adrenaline is
gone, the pain will be unbearable as always.
Along with this I bring up a
third thought, the risk we are taking by allowing the government to apply the
death penalty is too high. In fact, the system has many flaws that make it
vulnerable. Hence, considering that it is impossible to go back and fix the
errors because of the nature of the death penalty, the legal system should be
more accurate. At least it owes that to society. Nevertheless, legal workers
make mistakes that might result in having the wrong person with a death
sentence. Certainly, it does not happen very often, but it happens. And it is
just this small possibility that should make us stop and decide whether we
consider that saving a single innocent life is urgent or not. Truly, by
eliminating the death penalty, we would be eliminating the possibility of
having situations where someone who is not responsible for a crime has to face the
execution, and by the time we know it will be too late.
A fourth thought I want to state is
that poverty and geography determine who will get a death sentence more than the
nature of the crime does. The main reason for this is the system’s failure to
provide the defendants with capable lawyers, which causes some of the
defendants to receive a harsher sentence than what they really
deserved.
In contrast this does not happen with
the wealthy. They can afford an excellent defense that will allow them to get a
lower sentence, even if they are responsible for a serious crime. It seems that
money is buying justice, which should not be tolerated.
Additionally, in regard to the
idea of the geography’s influence, we must say that some states in the United
States are very likely to give the death penalty while others will never impose
it, even when it is contemplated in its laws. States in the south of the country
have a history of slavery and segregation that caused all this idea of getting
rid of unwanted people. A large concentration of inmates in death row are
black; a situation that does not help the system to be fairer. Clearly, the
differences on how the death penalty is applied in this country make the entire
situation even more unjust because the nature of the crime is not the element
determining whether a criminal deserves or not the death penalty.
Lastly, as a final thought I would like to
illustrate that there is no real proof that could demonstrate that the crimes are
being deterred by the existence of the death penalty. On the contrary, some
studies bring out that in states where the death penalty is legal the crimes continue
to rise while in others where it is not the crimes tend to decrease. For
instance, if we look at the European countries, we would conclude that what
makes their system more effective is the way in which they educate their
society. They do not need to resort to the death
penalty because their population understands
that life and rights must be respected
above
all. Therefore, the levels of crimes are low and respect for
human rights is high. These are the types of examples that our countries should approach because as long as we
have the will to consider it, the work, although hard, will have already been
started.
At this point when we have discussed some of
the most important considerations about the death penalty, you have a better
idea of whether you would support or not the death penalty. Is it really
necessary to execute criminals when other punishments are less harmful and
cruel? I feel it is not. The times
we are living in need better and fairer solutions. It is unacceptable to consent
to the application of the death penalty when the human rights are an insignia
in modern societies. Therefore, human rights should always be respected, not
because it is legal to do it, but definitely because it is only just to respect
the human essence in everyone.
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Our thanks to Jessica Osteicoechea for this excellent essay opposing the death penalty.