Republicans and conservatives are more likely to support the
death penalty than Democrats and liberals/progressives. 62% of those claiming a religious affiliation
also support it, especially Protestants
(66%) and among 75% of White evangelicals. 57% of Black Protestants favor the
death penalty even thought the majority of those on death row are Black. 58% of Catholics also favor the death penalty, including 61% of
Catholic Hispanics.
Oddly, almost more Atheists oppose the death penalty as Protestants who favor it (65% vs 66%). 57% of agnostics oppose the death
penalty while those who affiliate with no religious faith at all are more apt
to support it than oppose it by 63% to 37%.
Before we get into a discussion about the death penalty, I
want to make it clear that I’m not an attorney, nor am I offering any legal
advice. What follows is my personal opinions based on well-established sources
and data which are linked below. Some of the information may vary by state. If you’re seeking legal advice,
I recommend seeking out a licensed lawyer.
When it comes to the death penalty, as of 2025, it’s on the books of 55 countries. 144 others have abolished it (the latest of which being Sierra Leone and Kazakhstan). Among those nations which still use death penalty are China, Iran, Egypt, Japan, Saudi Arabia, and South Korea, though rare. In fact, a prisoner in South Korea is more likely to die from old age or illness. As of 2021, there were 60 individuals on their death row. Iran regularly executes gays and trans, women who refuse forced marriages, those attempting to educate women, and anyone else opposed to their brand of Shira law.
It also bears mentioning that the United States has the
highest incarceration of any nation in the world with a rate of 629 per 100,000
individuals or roughly about two million men and women behind bars. That’s more
than Russia (which has suspended its death penalty), China, or Iran. Of those two million,
2,463 are currently on death row.
42% of those on death row are White, which is proportional
with the overall prison population. 40% are Black and about 15% are Hispanics.
Asians make up just 1.8%. Their average is about 54 years old. Most have been waiting for
the sentence to be carried out for between 19 and 24 years. The number one reason to land on death row?
Since 1976, there have been five forms of capital punishment
carried out. The majority are done by lethal injection with a
great deal of care taken to ensure that the injection is as painless as possible
and every step is taken to ensure the prisoner’s anxiety is kept to a minimum
(such as the use of valium, nitrous oxide, numbing solution at the injection site,
dimming the lights, and blocking the injection itself from view).
The electric chair (once billed as being the most “humane”)
is still used in some states, along with the gas chamber. Kentucky, Oklahoma,
Florida, Arkansas, Alabama, South Carolina, and Tennessee are among those state
which carry out executions. Gas is still used in seven states. Among them are
Wyoming, Missouri, Arizona, and Alabama. Nitrogen gas is the most commonly used although
Alabama and Louisiana have opted for nitrogen hypoxia as an alternative to lethal
injection.
As for the firing squad, Utah has used it most often. The
last time was 2010. However, the firing squad is on the books in South Carolina,
Oklahoma, and Mississippi. The victim is typically hooded and strapped to a
chair. The shooters, approximately three to five, are given rifles which randomly carry live or
blank rounds so no one knows whether they fired the fatal shot and are
positioned between 15 and 20 feet away. Their identity is protected, with the
shooters firing from behind a wall or curtain. The bullets are specially
designed to fragment and cause maximum injury (duh).
It bears mentioning that there has been historically around
166 individuals executed in the United States whose, subsequent deaths to their
death, have proven to have been innocent. So, it is still worth it? The
alternative is life in prison and thus forcing the public to provide for their
upkeep, including medical care, which can be in the tens of thousands of
dollars (if not more in some circumstances).
In case you’re wondering, for someone to be sentenced to
death, they must first be convicted of an especially heinous crime, which usually
involves the planning and intentional murder of someone. Quite often, there are
secondary crimes, often just as horrendous, involved.
The individual must be convicted unanimously by a jury. The
usual criteria is that their guilt must be “beyond all reasonable doubt”. That
is, there can be absolutely no question that they are guilty of the crime(s) for
which they are charged. If, on the other hand, they are found guilty but based
only on the preponderance of the evidence (meaning the insufficient weight
of the evidence, leaving the possibility of some doubt) or if the verdict is not
unanimous, the death penalty is no longer an option.
While primarily an
administrative procedure, this is often
when we hear of “new evidence” or witnesses suddenly coming to light for some
reason. If it’s compelling enough to have a direct impact the case, a new trial
could be granted or reexamining proposed sentencing and
potentially modified (generally speaking, the sentence may only be reduced downward).
Nevertheless, the defendant is still afforded another bite
at the proverbial “I’m innocent” apple. In fact, they have virtually unlimited
bites at the apple, and all at the taxpayer’s expense, which brings us to the
first issue. Should someone convicted of a crime and sentenced to death, be
afforded an unlimited number of appeals? Some are emphatically say “no”. They
believe that an individual should have a set number of appeals or at least a
cut off date (although new evidence can be introduced by their attorney at any time).
What do you think?
Should someone on death row be capped in the number of appeals they can file,
at least on the taxpayer’s dime? Some argue that they’re simply trying to delay
the inevitable (which is likely quite true. Who wouldn’t? After
all, even the most hardcore criminal isn’t in any hurry to die). But, how long
or for how much of our tax dollars should you and I be on the hook for? You would think that after
the, let's say, tenth failed attempt it’s unlikely anything is going to change. But then,
we’re also talking about a human life here (even though they've allegedly already deprived someone
else of theirs).
There have been some pretty convincing arguments about the
use of certain drugs like Sodium Pentothal, Sodium Amytal, or Scopolamine
(so-called “truth serums”) which suppresses the nervous system and reduces one’s
inhibitions which encourages them to talk more openly without filters. Should these be employed?
Well, in theory, this would benefit all parties concerned,
especially those who insist they’re innocent despite a preponderance of
evidence against them for instance. It
would allow both sides to question the defendant about the crime and perhaps
helps the police to redirect their investigation while allowing the District
Attorney to focus their attention elsewhere.
Ideally, the DA could offer
one of the drugs in exchange for a reduced sentence, a dropping the possibility
of a death sentence, or even a dismissal of the charges. At that time the defendant
can alter their previous statement before proceeding. But, if it is revealed that they
were lying, there’s no going back. They can’t suddenly decide afterwards to
come clean or try and make a deal. It’s a one time offer only. Maybe the threat (or promise) of a truth serum
would be incentive enough to get to bottom of what they know.
However, the main problem is that while under the influence
of one of these “truth serums”, an individual becomes highly susceptible to
suggestion, false memories, and unless new actionable details are revealed,
their statements are difficult to verify. Nevertheless, it would seem that if
you’re truly innocent, it would be worth the risk as well as time and would save a lot of time.
In addition, the U.S.
Supreme Court ruled in 1963 (“Townsend vs. Satin”) that the use of truth serums were unconstitutional since they could be used to self-incriminate, despite that
fact that the CIA, the nation’s top spy agency, made use of these (and other)
types of drugs through, at least the 1970’s. I wouldn’t doubt that thanks to
the Patriot Act and FISA courts, they aren’t still used in one form or another.
Given the current selection of execution methods being used, which many call unethical and inhumane, what if there was another choice made available? What if the defendant was offered a deal like this---they agree to five or some other fixed number of taxpayer based appeals and no more. It would save huge amounts of taxpayer money and reduce wasted court time (courts are already highly congested).
It sounds cruel, and I suppose in some ways, it is. As far
as society would be concerned, they’re dead as if the execution had been carried out. It wouldn't prevent others
from attempting to find evidence on their behalf. The chief downside is that some would consider
it to be “cruel and unusual”, but then
if they’re willingly agreed to, is it? Currently,
the average inmate spends just shy of 20 years on death row awaiting their
sentence to be carried out. Talk about the “Sword of Damocles” hanging over your head!
Also unlike the "hole", the prisoner can opt out at any time and agree to an execution within 24 hours.
Another variation on this idea would be to execute prisoners on death row within five or so years of their
convictions absent any new evidence. As
it is, many die of old age or some illness while waiting to be
executed. How fair is that, especially the prisoner? To me, lingering for 20+ years would be “cruel and unusual”
punishment.
Finally, the alternative would be do away with the death
penalty altogether. After all, we are the only nation in the Americas still
using the death penalty and one of the very few major industrial nations to use
it. What if their sentences are converted to life in
solitary confinement as suggested above or would it be better that they just spend their life in prison without any restrictions while we continue to pick up the tab?
Finally, just as a reminder, although I do have around 25
years of legal experience as the senior legal manager for a receivables firm, I
am not an attorney and I’m certainly not offering legal advice. I’m just
providing my opinion based on existing data and history. However, there’s no
question that our legal system needs serious reforming, and there’s no better
place to start than with death row. The lost of 166 innocent lives in 166 lives
too many.
Thank you for reading "Another
Opinion", the Op/Ed blog page for the "militant
middle". Here at "A/O" we truly value our readers. At
A/O we seek the facts as they exist, not partisan talking points. We
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article. Thank you.
Kentucky Government: Notes on the Costs of Death Penalty
Death Penalty Information Center: Costs
Pew Research: 10 facts about the death penalty in the U.S.
