| THE ABSTRACT DP & THE REAL DP IN AMERICA
The Abstract Death Penalty is a stereotype (idealized fictional view) commonly used in the media, politics, and education (criminology, legal studies, law school, etc.) about how the US legal system is supposed to work.This stereotype is part of what is sometimes called the civics book view of law. It largely ignores real world issues that relate to the law like poverty, discrimination, corruption, etc. Most people who support the DP (along with many who oppose it) assume that the legal system really works according to the ideals of the rule of law. Most of the people who publicly and privately debate the DP draw on the fictional abstract DP for their pro and con arguments, thus reinforcing and spreading misinformation. The Real Death Penalty is a general description based on social science research into how the legal system really works. Like all sciences, this research area is tentative and always open to new evidence (unlike the certainty of true believers, either pro or con). Despite the tentativeness of scientific conclusions, a number of patterns are now clearly supported by the research evidence on basic issues relating to the DP. An example of the difference between the Abstract and Real DP is the issue of deterrence. The most common "official" rationale for capital punishment for several centuries has been the idea that by executing accused murderers we encourage other potential murderers to "think twice" before killing - and thus executions should lead to lower homicide rates. Philosophers, psychologists, and others have created elaborate theories about how deterrence supposedly works, and how its presumed effects can be maximized. Most of this work is based on speculation or assumptions about "human nature" or on laboratory experiments in controlled settings. Meanwhile, actual research on the effects of capital punishment on homicide rates for more than a century has failed to support deterrence theory, and has consistently found a very different pattern - executions not only have no deterrent effect on homicide rates, the best evidence available indicates that homicide rates actually increase in the wake of executions (and also in the wake of other highly publicized violence, like war, disasters, etc.). Below are the major points of the Abstract DP and the Real DP. THE ABSTRACT DEATH PENALTY: Only the �worst of the worst� accused murderers are selected for capital punishment. Clear evidence of guilt is required for a death sentence - so there are virtually no mistakes. Fair Trials ("super due process") are guaranteed by the Constitution and US Supreme Court). A second separate penalty phase of trials ("bifurcation") further ensures fairness. An elaborate appeals process guarantees fairness and prevents the execution of innocent people. Extensive final review by Governor/Pardons Board/etc (varies from state to state). Rationale and Legitimation: "They deserve it" -- and it keeps them from killing again (and again). Execution is a deterrent to other potential killers. Execution costs less than long-term imprisonment. Overall, capital punishment is good efficient social policy. THE REAL DEATH PENALTY: Indigent defendants with the worst lawyers are systematically selected by prosecutors - they are often not the �worst of the worst� among accused murderers. Incompetent defense attorneys, shoddy trials, and weak evidence of guilt are typical in DP cases. The appeals process is ineffective (it is basically limited to process issues, not substantive issues). Final review by state officials - mostly a farce (because of the politics of the DP). The overall result is a system riddled with discrimination, mistakes, and other problems. Very few prisoners on death row are accused of repeat offenses. Discrimination is rampant in death sentencing (e.g., minorities accused of killing whites are targeted). Numerous innocent people are convicted and sentenced to death (and some are executed). Executions are not a deterrent - evidence indicates that executions cause additional homicides. The DP costs much more than alternatives, mostly because of the high cost of trials, not the cost of appeals. Overall, capital punishment is an unfair, inefficient, and costly social policy. Copyright � 2009 Ernie Thomson. All rights reserved. email: [email protected] |