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Death Penalty and the Crime Myth



Death row - what a country club?

It seems like everyone has an opinion on the death penalty in America. Our opinion on whether we find it just or wrong is as ingrained into our worldview as is our taste in music, books, or film. The common thread with the latter examples is that most of us accept only what the highly marketed offer us. In such consequence, should we accept that Titanic was the best movie of 1997? Is John Grisham the best writer in the world? Are Destiny's Child a musical phenomenon? If you said yes to any of those three questions my point is lost and you should probably skip this page.

"The survival of such a primitive rite has been made possible only by the thoughtlessness or ignorance of the public..." - Albert Camus, Nobel Prize winner for literature in 1957.

So if some of us dig beyond what's popular in the media to make our own choices, educating ourselves on the facts behind our opinions seems like an obvious step. There is an abundance of mistruths that abound concerning the death penalty with a good deal perpretrated by the media and our government. Whether these are direct or indirect I don't differentiate. Adding gasoline or paper to the fire still feeds it.

HISTORY

In 1972, the Supreme Court evaluated the constitutionality of the death penalty in the case of Furman vs. Georgia. Evidence of "arbitrary and discriminatory" sentencing persuaded the court that the death penalty violated the eighth amendement against "cruel and unusual punishment".

Consider the current nature of our judicial system. Only an idiot would argue it wasn't discriminatory allowing these representative facts:

  • 64.4% of crack users are white. 26.6% are black

    African-Americans constitute 13% of all monthly drug users yet they account for 35% of all arrests for the possession of drugs, 55% of all drug convictions and 74% of all those receiving drug-related prison sentences.

    The 1986 Crime Bill made it so that a person caught with 5 grams of crack receives a mandatory sentence of five years. If that amount is 5.1 grams - the sentence is ten years. For the same 5 year sentence, a person would have to have 500 grams of powdered cocaine (a form obviously used by the more affluent e.g. white)

With Gregg vs. Georgia (1976) the court decided that by restructuring the capital trial and guiding discretion of jurors, death sentencing could be applied fairly. This is assuming that jurors and the court systems are completely unbiased. Of course, this is wishful thinking and perhaps only obtainable by some on-paper utopian society.




In 1985 the U.S. Supreme Court ruled that potential jurors whose beliefs "substantially impair" their ability to impose a death sentence should be excused from serving on a capital jury. The jurors who tend to be in the jury pool after the initial round of questions pertaining to this ability to impose the death penalty tend to be more conviction-prone than potential jurors that were screened out.

CRIME MYTH

Perhaps the biggest myth in this country is that of a rising violent crime rate. Television news is arguably the greatest contributor of this misconception. Thru sensationalized body-bag journalism, we perceive our country as some "Escape from New York" out-of-control death zone. The facts are that murder rates per capita have largely stayed the same throughout the years. The biggest factor affecting this rate is the economy with a spike in the 1930's during the Great Depression and a lowpoint in the post-World War II economic expansion.

Nearly 80 percent of us believe that crime is the biggest problem facing our nation even though rates for most serious crimes have been either stagnant or been dropping for the past 15 years. And nearly 95 percent of us get virtually all of our information about crime from televison. The purveyance of more and more violent stories shown on the news has influenced America into believing that there is a "war on our streets".

Yet we gobble up these stories instead of say a "dry" story exposing government corruption. In essence, we as a majority have created a false reality. Profit driven media does not print or show images that we don't want - they have to answer to the shareholders and let the statistics speak for themselves. Most Americans when polled will say they're offended by the constant barragement of violent images via TV or movies yet when it comes to actions - they are the ones watching it or paying for the movie tickets. An example is the recent study on television sets with the v-chip installed. Of those parents that owned a set with this ridiculous "parenting tool" installed, only 17 percent used it. A 1993 Times-Mirror poll found that 72 percent of respondents think that entertainment television contains too much violence. Other polls reflect a similar percentage. Obviously as Americans we say one thing yet do another.

POLITICIANS

This crime myth rubs off on our representatives who use polls heavily when coming up with a platform. The public says it's afraid of crime so what do they do? Say they're hard on crime and label opponents as "soft on crime" even though the opponent's "soft on crime" ideas may be far more educated and beneficial to our pocketbooks and safety. This has created an atmosphere where public officials use hard on crime rhetoric to ensure they are reelected. We fall for this every time. Even though we say we're "disillusioned with Washington politicians" we continue to reelect an unbelievable 96 percent of all congressional incumbents.

To further add to this mess is the fact that we still allow corporations to influence our policitians with their campaign funds and lobbyists. The role of money in politics is simple - the candidate who can get his or her hands on most of nearly always wins. In 1998, in the Senate, the candidate who spent the most won 93.9 percent of the time. By allowing our interests to be misrepresented by wealthy corporations is a disservice to say the least. With politicians most concerned about being reelected and gathering up the most campaign funds, can we sincerely say our best interests are being addressed?

Obviously not, since as I stated above, our representatives are constantly using the "hard on crime" mumbo jumbo for election (or reelection) purposes. The byproduct of this stance is to introduce even harsher penalties to prove their ideology. In 1993 a Senator might have been "hard on crime" but in 1996 he has to prove it by supporting legislation that might cost the taxpayers even more with little or no results. These laws have overcrowded our prisons and have expanded our prison population to an unprecedented size.


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