Sociology Now, Census Update

THE CRIMINAL JUSTICE SYSTEM 197197

Death Penalty for Murder

The death penalty is one of the most controversial and extreme forms of social control for

deviance. As of 2006, 38 states have provisions for the death penalty on their books. Lately, DNA

testing has led to a number of death sentences being overturned, raising questions about wrong-

fully convicted people facing capital punishment. The disproportionate number of minorities who

are executed makes it an even more contentious issue. There are many valid arguments both in

favor of and in opposition to the death penalty. So, what do you think?

See the back of the chapter to compare your answer to national survey data.

6.2

What

do

you

think

❍Favor

❍Oppose

Do you favor or oppose the death penalty for persons convicted of murder?

?

while others, like China, Malaysia, Saudi Arabia, and Singapore, use it for some busi-
ness and drug-related offenses. In the United States, it is usually invoked only in cases
of murder and treason.
Who can be executed? In 1989, the Supreme Court decided that it was constitu-
tional to execute John Paul Penry, a 44-year-old man who had the reasoning ability
of a 6-year-old. However, in 2002, the Supreme Court reversed its earlier ruling and
held that the death penalty constituted “cruel and unusual punishment” for mentally
retarded persons.
What about kids? It was once commonplace to execute children as young
as 12 or 13 for everyday sorts of crimes; in 1944, George Junius Stinney, age 14, was
electrocuted in South Carolina. In 1988, the Supreme Court determined that it was
unconstitutional to administer the death penalty to persons aged 15 or younger at
the time of the crime, but, the court ruled, 16 and 17 were acceptable. In 2005, the
Supreme Court outlawed the death penalty for crimes committed by persons under
the age of 18, leaving only two countries in the world where juvenile executions are
still legal (Iran and Congo).
The American public generally favors the death penalty for adult offenders—by
about two to one, with more support among men than women, and more among
Whites than among minorities. They typically cite the death penalty’s value in deter-
ring crime. However, as we have seen, few, if any, offenders actually stop to consider
the prospect of being executed before committing the crime. Many violent crimes are
committed in the heat of passion, when rational calculation is largely or entirely
blocked by emotion (Bouffard, 2002). Besides, for deterrence to work, the punish-
ment must be swift and certain. Neither is the case in the U.S. criminal justice system.
Many scholars have noted that the death penalty is unjustly applied. Race plays
a major factor: Blacks convicted of murdering Whites are most likely to get the death
penalty, and Whites convicted of murdering Blacks are the least likely (Baldus and
Woodworth, 1998; General Accounting Office, 1990). Location also plays a factor.
Some states, such as Illinois and New York, have strong public defender offices with
sufficient financial resources to attract the top lawyers. Cases can then be assured of