updated 11/2024
The Death Penalty: Fair & Just
Dudley Sharp, independent researcher, death penalty expert, 832-439-2113, CV at bottom
The Death Penalty: Fair & Just
Dudley Sharp, independent researcher, death penalty expert, 832-439-2113, CV at bottom
The following addresses the most common fairness/justice issues within the death penalty debate.
The death penalty is given for the same reason all sanctions are, that is that it is deemed a just, appropriate and proportional sanction, in the context of the crime.
These topics reflect part of my moral journey from death penalty opponent to advocate, with the first two topics, by far, the most important.
1) 600+ quotes from pro-death penalty murder victims' families
Unfortunately, I cannot find this site, below, anymore
Victim's Voices - These are the murder victims
https://murdervictims.com/category/voices
"The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders."
https://murdervictims.com/category/voices
"The bodies were very badly decomposed, even for four days in Houston's brutal summer heat and humidity, particularly in the head, neck and genital areas. The medical examiner later testified that this is how she could be sure as to the horrible brutality of the rapes, beatings and murders."
This is similar:
Victims' Voices
2) The Death Penalty: Saving More Innocent Lives
"Well known anti-death penalty scholars "(Charles) Black and (Hugo Adam ) Bedau said they would favor abolishing the death penalty even if they knew that doing so would increase the homicide rate by 1,000 percent."
http://prodpinnc.blogspot.com/2013/01/pro-life-death-penalty.html
Based upon biblical and theological teachings, one can, reasonably and responsibly, find that an anti-death penalty view is not pro-life.
All sanctions are given because we value what is being taken away.
Whether it be fines, freedom or lives, in every case we take things away, as legal sanction, because we value that which is taken away.
Quaker biblical scholar Dr. Gervas A. Carey: “. . . a secondary measure of the love of God may be said to appear. For capital punishment provides the murderer with incentive to repentance which the ordinary man does not have, that is a definite date on which he is to meet his God. It is as if God thus providentially granted him a special inducement to repentance out of consideration of the enormity of his crime . . . the law grants to the condemned an opportunity which he did not grant to his victim, the opportunity to prepare to meet his God. Even divine justice here may be said to be tempered with mercy.”
and
Deterrence, Death Penalties & Executions
They would choose sparing the lives of 1600 guilty murderers (executed from 1973-2024) over saving an additional 9 million innocent lives, taken by murder.
Anti-death penalty. academic leaders make that argument. Grotesque. Believe them.
The death penalty protects innocents, in six ways, more than does life without parole.
Justice plus saving more innocent lives - pro-death penalty folks make that argument.
3) The Death Penalty: Pro Lifehttp://prodpinnc.blogspot.com/2013/01/pro-life-death-penalty.html
Based upon biblical and theological teachings, one can, reasonably and responsibly, find that an anti-death penalty view is not pro-life.
All sanctions are given because we value what is being taken away.
Whether it be fines, freedom or lives, in every case we take things away, as legal sanction, because we value that which is taken away.
How can it be a sanction, if we do not value that which is taken away? It can't.
4) Super Due Process
Texas Death Penalty Procedures
http://prodpinnc.blogspot.com/2013/11/texas-death-penalty-procedures.html
100% of the 48 votes (4 voting issues for each of the 12 jurors), must be against the defendant/murderer, for a death sentence to be given. 2%, only 1 of those 48 votes, must be for the defendant/murderer, to remove the death penalty option.
Any juror can use anything they want, personally or subjectively, to spare the murderer a death sentence.
http://prodpinnc.blogspot.com/2013/11/texas-death-penalty-procedures.html
100% of the 48 votes (4 voting issues for each of the 12 jurors), must be against the defendant/murderer, for a death sentence to be given. 2%, only 1 of those 48 votes, must be for the defendant/murderer, to remove the death penalty option.
Any juror can use anything they want, personally or subjectively, to spare the murderer a death sentence.
The death penalty has super due process, far above any other sanction, within investigations, pretrial, trial, appeals and the executive branch's consideration within pardons, paroles, commutation, stopping or pausing executions.
It is no surprise that, since 1973, with all cases under Gregg v Georgia (1976), that the death penalty has a 99,6% accuracy rate in guilty findings, with the 0.4% proven factually innocent released, likely, the most accurate of all sanctions, as detailed:
The Death Row "Exonerated"/"Innocent" Frauds
71-83% Fraud Rate in Death Row "Innocent" Claims,
Well Known Since 1998
5) 30 Examples: How Death Penalty Abolitionists Value Murderers
More Than Their Innocent Victims:
AKA - Full Rebuttal of Sir Richard Branson & His Death Penalty Comments
No hyperbole. Fact by fact, step by step, factually proven.
6) The Death Penalty: Mercy, Expiation, Redemption & Salvation
http://prodpinnc.blogspot.com/2013/06/the-death-penalty-mercy-expiation.htmlQuaker biblical scholar Dr. Gervas A. Carey: “. . . a secondary measure of the love of God may be said to appear. For capital punishment provides the murderer with incentive to repentance which the ordinary man does not have, that is a definite date on which he is to meet his God. It is as if God thus providentially granted him a special inducement to repentance out of consideration of the enormity of his crime . . . the law grants to the condemned an opportunity which he did not grant to his victim, the opportunity to prepare to meet his God. Even divine justice here may be said to be tempered with mercy.”
Similar to St. Thomas Aquinas and St. Augustine, therein.
7) RACE & THE DEATH PENALTY: A REBUTTAL TO THE RACISM CLAIMS
http://prodpinnc.blogspot.com/2012/07/rebuttal-death-penalty-racism-claims.html
White murderers are twice as likely to be executed as are black murderers
From 1977-2012, white death row murderers have been executed at a rate 41% higher than are black death row murderers, 19.3% vs 13.7%, respectively.
"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death given a penalty hearing."
For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault.
As robbery/murder and rape/murder are, by far, the most common death penalty eligible murders, the multiples will be even greater, as one would expect.
8) Is There Class Disparity with Executions?
White murderers are twice as likely to be executed as are black murderers
From 1977-2012, white death row murderers have been executed at a rate 41% higher than are black death row murderers, 19.3% vs 13.7%, respectively.
"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death given a penalty hearing."
For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault.
As robbery/murder and rape/murder are, by far, the most common death penalty eligible murders, the multiples will be even greater, as one would expect.
http://prodpinnc.blogspot.com/2013/03/is-there-class-disparity-with-executions.html
"99.8% of poor murderers have avoided execution.
It is, solely, dependent upon one's definitions of "wealthy" and "poor", as to whether "wealthy" murderers are any more or less likely than 0.2% to be executed, than are the "poor", based upon the vast minority of capital murders committed by the "wealthy", as compared to the vast majority committed by the "poor". By far, the greatest number of capital murder cases are rape/murders and robbery/murders, with nearly 0% of "wealthy" capital/death penalty eligible murders committed by the "wealthy", based upon any reasonable definition of wealthy. Obvious.
"99.8% of poor murderers have avoided execution.
It is, solely, dependent upon one's definitions of "wealthy" and "poor", as to whether "wealthy" murderers are any more or less likely than 0.2% to be executed, than are the "poor", based upon the vast minority of capital murders committed by the "wealthy", as compared to the vast majority committed by the "poor". By far, the greatest number of capital murder cases are rape/murders and robbery/murders, with nearly 0% of "wealthy" capital/death penalty eligible murders committed by the "wealthy", based upon any reasonable definition of wealthy. Obvious.
9) WOMEN & THE DEATH PENALTY:
ARE WOMEN OVER
REPRESENTED ON DEATH ROW?
http://prodpinnc.blogspot.com/2013/02/women-death-penalty-are-women-over.html
"The 53:1 ratio indicates that women may be on death row in greater numbers than we would expect or similar to what we would predict."
http://prodpinnc.blogspot.com/2013/02/women-death-penalty-are-women-over.html
"The 53:1 ratio indicates that women may be on death row in greater numbers than we would expect or similar to what we would predict."
10) GEOGRAPHIC DISPARITY
There are 3144 counties (aka as parishes & others).
If we look at the 2% of the counties, with the highest number of death penalty convictions in death penalty states I suspect we will be in the ballpark of having a majority (51%) of the nation's capital murders, in death penalty states, - The most obvious, as detailed:
In 2002, the 75 largest counties had 51% of murders and non-negligent manslaughters, 61% of robberies and 36% of forcible rapes, nationally (3), which is in the ballpark of 60-70% of what we know as capital, death penalty eligible murders, with robbery/murders and rape/murders, police murders, multiple and serial murders, in death penalty eligible counties.
75 is nearly 2.4% of all counties, both death penalty eligible and not.
In other words, we should expect that 2% of US counties would account for 51% of the executions.
11) THE DEATH PENALTY: LEAST ARBITRARY & CAPRICIOUS
SANCTION
Both the guilty & the innocent have the greatest of protections
http://prodpinnc.blogspot.com/2013/03/the-death-penalty-neither-arbitrary-nor.html
The facts, as detailed, tell us that the death penalty is the least arbitrary and capricious sanction in the US, by a huge margin.
Protections for the guilty murderer and the actual innocent accused are unmatched by any other sanction protocol.
Nothing else comes close.
Both the guilty & the innocent have the greatest of protections
http://prodpinnc.blogspot.com/2013/03/the-death-penalty-neither-arbitrary-nor.html
The facts, as detailed, tell us that the death penalty is the least arbitrary and capricious sanction in the US, by a huge margin.
Protections for the guilty murderer and the actual innocent accused are unmatched by any other sanction protocol.
Nothing else comes close.
12) Judges Responsible for Grossly Uneven
Executions
http://prodpinnc.blogspot.com/2013/11/judges-responsible-for-grossly-uneven.html
Judges are responsible for grossly uneven executions, demonstrating dictatorial like contempt for the law in those states where it is, virtually, impossible to execute confirmed murderers.
If abortions had to be individually, approved or rejected, by judicial ruling, and some states approved them at a 50-70% rate and others at a 0-10% rate, do you think the media might notice?
13) Rebuttal: Botched Executions
14) The Death Penalty is Not a Human Rights Violation
Judges are responsible for grossly uneven executions, demonstrating dictatorial like contempt for the law in those states where it is, virtually, impossible to execute confirmed murderers.
If abortions had to be individually, approved or rejected, by judicial ruling, and some states approved them at a 50-70% rate and others at a 0-10% rate, do you think the media might notice?
13) Rebuttal: Botched Executions
http://prodpinnc.blogspot.com/2017/01/rebuttal-botched-executions.html
Possibly, lethal injection botched executions occur 1% of the time, not 7%, as simple fact checking/vetting find.
Possibly, lethal injection botched executions occur 1% of the time, not 7%, as simple fact checking/vetting find.
and
Lethal Injection & Nitrogen Hypoxia: Controversies Resolved
As all countries and laws tell us, human rights are not sacrosanct.
Those who say that the death penalty is a human rights violation have no solid moral or philosophical foundation for making such a statement. What opponents of capital punishment really are saying is that they just don't approve of executions.
As a rule, fundamental human rights are defined as the right to life, to freedom, the pursuit of happiness and the ownership of property.
As every country and law tell us, when you violate the social contract, those rights are forfeit.
Every country and law allow for sanction that takes away freedom, with legal incarceration, takes away money and/or property, with legal fines and seizures, the taking of life, within self-defense, in defense of others, within a just war and, in about half of countries, the taking of life, via execution, for murders, terrorism, rapes and other serious crimes, and, in every case, taking away the happiness of the guilty unjust aggressor.
Undisputed.
Also see:
Moral Hypocrisy: European Union & The US Death Penalty
15) The Death
Penalty: Neither Hatred nor Revenge
Far from moral superiority, those who call capital punishment an expression of hatred and revenge are often exhibiting their contempt for those who believe differently than they do. Instead, they might reflect on why others believe it is a just and deserved sanction for the crimes committed.
The pro death penalty position is based upon those who find that punishment just and appropriate under specific circumstances. Retributive justice as opposed to revenge.
Those opposed to execution cannot prove a foundation of hatred and revenge for the death penalty any more than they can for any other punishment sought within a system such as that observed within the US - unless such opponents find all punishments a product of hatred and revenge - an unreasonable, unfounded position.
16) Killing Equals Killing: The Amoral Confusion of Death Penalty Opponents
https://prodpinnc.blogspot.com/2023/03/killing-equals-killing-amoral-confusion.html
For such anti-death penalty folks to be consistent, they must also equate holding people against their will (illegal kidnapping) with the sanction for it, the holding people against their will (legal incarceration) or the taking money away from people (illegal robbery) with a sanction for that, taking money away from people (legal restitution).
Most folks understand the moral differences.
Some anti-death penalty folks are either incapable of knowing the moral differences between crime and punishment, guilty criminals and their innocent victims, or they are knowingly using a dishonest slogan by equating killing (murder) with killing (execution).
For such anti-death penalty folks to be consistent, they must also equate holding people against their will (illegal kidnapping) with the sanction for it, the holding people against their will (legal incarceration) or the taking money away from people (illegal robbery) with a sanction for that, taking money away from people (legal restitution).
Most folks understand the moral differences.
Some anti-death penalty folks are either incapable of knowing the moral differences between crime and punishment, guilty criminals and their innocent victims, or they are knowingly using a dishonest slogan by equating killing (murder) with killing (execution).
17) Murder Victims' Families Against the Death Penalty:
More
Hurt for Victims' Families
http://prodpinnc.blogspot.com/2012/04/victims-families-for-death-penalty.html
Instead of being divisive and hurtful, why can't MVFADP just say, "we oppose the death penalty, but respect your right to support the death penalty in your case."? MVFADP won't support other victims in that fashion because their sole goal is to get rid of the death penalty, not helping any victims who feel differently but, in fact, working against them.
Instead, the MVFADP are, actively, seeking to deny that right to those who find the death penalty just. Thus, the MVFADP are, intentionally hurtful and divisive, when they need not be.
Instead of being divisive and hurtful, why can't MVFADP just say, "we oppose the death penalty, but respect your right to support the death penalty in your case."? MVFADP won't support other victims in that fashion because their sole goal is to get rid of the death penalty, not helping any victims who feel differently but, in fact, working against them.
Instead, the MVFADP are, actively, seeking to deny that right to those who find the death penalty just. Thus, the MVFADP are, intentionally hurtful and divisive, when they need not be.
18) 95-99% Death Penalty Support by Loved Ones of Capital Murder Victims
http://prodpinnc.blogspot.com/2016/03/95-death-penalty-support-by-capital.html
That is by non-scientific polling, yet is very believable knowing the 86% death penalty support within scientific polling.
19) 86% Death Penalty Support: Highest Ever - April 2013/August 2021
95% of Murder Victim's Family Members
Support Death Penalty
http://prodpinnc.blogspot.com/2013/11/86-death-penalty-support-highest-ever.html
http://prodpinnc.blogspot.com/2013/11/86-death-penalty-support-highest-ever.html
86% death penalty support, the highest I have ever found
22% of the 86% finding the death penalty "always appropriate", the highest I have ever located
64% of the 86% finding the death penalty "sometimes appropriate"
22% of the 86% finding the death penalty "always appropriate", the highest I have ever located
64% of the 86% finding the death penalty "sometimes appropriate"
9% finding the death penalty "never appropriate", the lowest I have ever located
and
86% Death Penalty Support, Depending Upon Crime Committed
New Evidence of Broad Support for Death Penalty | RealClearPolicy
Joseph M. Bessette & J. Andrew Sinclair, RealClearPolicy August 16, 2021
Why didn't you hear of these polls? The media excluded them from coverage.
20) “If an offender has committed murder, he must die. In this case, no possible substitute can satisfy justice. For there is no parallel between death and even the most miserable life, so that there is no equality of crime and retribution unless the perpetrator is judicially put to death.”
Immanuel Kant
many more, here:
600+ pro death penalty quotes from murder victim's families &
3300+ from some of the greatest thinkers in history
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Many more topics, here:
Research, w/sources, w/fact checking/vetting & critical thinking, as required of everyone in a public policy debate and which rebut all anti-death penalty claims.
The media/academic norm is to use anti-death penalty material, refuse to fact check or vet it and avoid all pro-death penalty research and experts. How will you know that is true? You haven't seen this material, prior.
1) The Death Penalty: Justice & Saving More Innocents
and
Students, Academics & Journalists: Death Penalty Research
(7 pro-death penalty experts are included)
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Victim Services
Victims' Voices
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Partial CV
