Crime and Punishment


   It has been argued throughout the twentieth century that capital punishment was wrong. Those who have argued against it have their points such as those times when an innocent individual was punished. As well as the taking of a life by authority being yet another form of murder. Likewise those in favor make valid points that the offender needs pay for their crime, a life for a life. They also make a valid point when they point out the cost of a life sentence, room and board for a lifetime on the public dime.

   According to a recent CNN article there are more than 3,200 inmates awaiting their dates with the executioner in the US. http://articles.cnn.com/2011-09-22/justice/justice_georgia-execution-fact-box_1_death-penalty-total-executions-high-profile-execution?_s=PM:JUSTICE Considering the small number of states that even have death penalty's any more this is a staggering number. Even more so when you stop to think of the case load these people are putting on appellant courts in those states. Then of course there is the cost of the appeal process.

   The history of execution goes back century's to the earliest civilizations. Crucifixion, beheading, and entertainment for the Colosseum or life aboard prison galleys. As time went by new and better ways to execute became available, drawing and quartering, disembowelment, hanging, burning at the stake and drowning.

   Everyone is familiar with the story of King Henry the VIII of England and the bloody years of the Tudors that followed with King Edward and his sister Bloody Mary. In the 16th century criminal punishment had only one appeal, the King. Should the death sentence come down from that King there was no appeal, why bother right? Judgment was swift and execution sometimes swifter.

   By the time the colonials set up there government following the revolution they hoped to avoid the cruelty's of the past as evidenced in the US Constitution. Most notable the 8th amendment regarding “No cruel or unusual punishment”. But this was not the first document to use these words. In 1689 the English Bill of Rights also used the very same wording in that document.

   In fact it was not until 1972 that US Justice William Brennan outlined the meaning of cruel and unusual in the high court. He defined cruel and unusual based on four things.


         The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.

    "A severe punishment that is obviously inflicted in wholly arbitrary fashion."

    "A severe punishment that is clearly and totally rejected throughout society."

    "A severe punishment that is patently unnecessary."

   Using these measurements all forms of capital punishment have hence been judged. The public hangings of the 1880s would easily fall under Justice Brennan's first point. With such an outline many states did away with capital punishment. While others continued seeking more humane ways to execute the condemned.

   There are currently five accepted forms of capital punishment. Hanging, firing squad, Gas, electrocution, and lethal injection. The following comes from Prodeathpenalty.com


   Hanging - The condemned prisoner is weighed prior to the execution. A specific amount of force must be applied to the neck in relation to the weight of the inmate. If this is properly done, death is by dislocation of the third or fourth cervical vertebrae. The noose is placed behind the prisoners left ear so as to snap the neck upon dropping when the trap door opens. If not precisely done, the inmate will strangle to death on the rope, die from lack of blood to the brain, or if dropped too far, decapitation can occur. This is rare though and most inmates died from instantaneous broken necks. Today, hanging is only available as an option to condemned inmates in Washington State.


   Firing Squad - Execution by a firing squad usually involves a team of five shooters, only some of whom use real bullets with others using blanks. The team aims for the trunk of the body, as a target is placed on the heart of the condemned inmate. Currently this method is only used in Utah, but may be dropped from availability in that state in the near future.


   Gas Chamber - When a condemned inmate is executed by lethal gas, the prisoner is restrained in a chair inside an air-tight chamber. The executioner opens a valve which allows hydrochloric acid to flow into a pan behind the chair. He then adds a quantity of potassium cyanide or sodium cyanide crystals into the acid by pulling a lever. The resulting chemical interaction produces white puffy clouds of lethal hydrocyanic gas. This gas affects the ability of the body to process blood hemoglobin and unconsciousness generally occurs within a few seconds after the prisoner takes a breath. If the prisoner tries to hold their breath, the process can take much longer and can cause convulsions. It is comparable to having a severe heart attack. After the prisoner is pronounced dead, usually within five to fifteen minutes, air filters are turned on and corrections officers wearing gas masks enter the chamber to confirm death. The body is decontaminated with bleach solutions and the body must be decontaminated before being handled by an undertaker. The gas chamber is now only available as an option to inmates in California and Arizona. Most states which once used lethal gas abandoned the method in favor of lethal injection due to the difficulty of safely maintaining these facilities, some of which were shown to be at risk for leaks.


   Electrocution - This method of execution involves using a direct application of electric current to the inmate to cause brain death. The inmate's head is shaved so that an electrode will make direct contact against their skull, while a leg is shaved for the placement of an electrode there as well. The inmate is strapped to the electric chair, which is not actually electrified, but serves to restrain the inmate as the current from the electrodes are applied. The electric current comes from the head electrode at an intensity between 1,500 and 2,250 volts for a period lasting 30 seconds to a full minute. This is then followed by alternating voltages of varying intensity for another minute. The current exits the body via the leg electrode, much in a manner that lightning would seek to hit the ground. The neurons of the inmate's brain are overwhelmed by the current immediately, rendering the inmate brain dead within milliseconds. The body is likely to change color and the flesh may catch fire. There is usually a smell of burning skin after a person is electrocuted, which led many states to shift to lethal injections.


   Lethal Injection - Execution by lethal injection is the most common method used to put condemned inmates to death today. It is achieved by the intravenous delivery of a deadly quantity of three different drugs. The inmate is placed on a gurney and his ankles and wrists are restrained. A regular saline IV line is started in both arms. Upon the signal of the warden, a large dose of sodium thiopental (a common hospital anesthetic) is delivered, causing unconsciousness. This is followed by pancuronium bromide, which is a muscle-relaxer which paralyzes the lungs and diaphragm. This causes the inmate's respiration to slow significantly. Finally, potassium chloride is introduced into the IV, which causes a fatal cardiac arrest. Death usually occurs approximately 7 minutes after the lethal injection begins. According to the Texas Department of Criminal Justice, the cost for the drugs used in lethal injection is $86.08.


   It is not a question of right or wrong I present here but more a study of the criminal justice systems need to deal with the thousands of condemned who await their turn. Men found guilty of taking a human life and for that life a jury of their peers deems that they sacrifice their own. They have been judged, they have been convicted, they have been sentenced. That is the law.

   And for some the appeal process has run out, and they count the days and hours.

   And no matter where you stand on capital punishment, a civilized society must have rules and law. With that law comes consequence for the offenders.

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