Thursday, February 4, 2010

Capitol Punishment

Despite which stance an individual may take on the argument of the death penalty, one thing is certain, currently the state of which the law of capital punishment functions in California is in disarray. The height of incarceration has gravely increased over the past 15 years in which it has created drastic effects fiscally upon our budget. As a result from this many programs that benefit the general public in various areas have suffered as well. Furthermore, from our current situation many questions have begun to surface on whether our legislative system is capable of creating laws that not only function during the present time, but could also effectively sustain the test of time.
To further divulge into the concept of Capital punishment, an individual must come to face the most discerning question on whether it is ethical to comprise on the death penalty given the state of our economy. The total cost to taxpayers is a blistering $90,000 more a year to house a prisoner on death row than it would cost to house that prisoner in another type of high-security prison. As for the total additional cost for housing all of California’s death row inmates, that number is well over $60 million a year. One note to make clear is, those individuals who are making these decisions ultimately don’t lie within our capitol building, but are comprised of individual who make up the American Law Institute. This personal consist of a membership of more than 4,000 lawyers, judges and law professors of the highest qualifications who influence state law makers. I should also make mentions the powerful influence held by the union’s financial support. The “three strikes law” sponsor is the correctional officers union, who flood political personal with campaign cash who in turn will support the unions and any mandates that they would like to get passed. With all the behind the scenes drama that unfolds, it is no wonder why the legislative process is so entwined with outside concerns, which eventually effects their duty to correctly make legislative decisions. Such question on whether to suspend funding to the prison system to help aid the educational systems have not a fighting chance.
The facts are laid out an available for public view, there are about 700 people on death row in California, and it can take up to 25 years for mandatory appeals to be completed. The resources available to people on death row are inadequate and thus create a prolonged process due to inmates not having access to constitutionally required lawyers. Therefore, what should the state of California do? After careful analysis from our country’s top legal minds, the institute has concluded that the system it created does not work and cannot be fixed. Furthering the complications, our law makers have concluded that we could not devise a death penalty system that will ensure fairness in process or outcome, or even that innocent people will not be executed. So what then is to conclude on the brevity of our current situation, do we stand and let this manner be as it may, or do we fervently work to derive a solution?
As stated before, despite what stance an individual may take upon this argument, the very nature of our actions has created another ambiguous problematic situation to be placed upon the American people. To compromise on capital punishment is to give up some sense of authority. Do the defendants gain any sense of relief knowing that the very state and nature of the death penalty has met its breaking point? Will the educational systems have to give in to the pervasive problems that riddle our legislative personal? Is the current solution to derail the death penalty, that being to sentence such prisoners to life without parole suffice? Problems as this and similar problems that may tie into this dialogue have gripped our country to the point that being content with suffocation is the only viable option. I say that despite the troubles our country along with its inhabitants are faced with, one must not give into the somber news and revelations that seem to plague our media outlets on a daily basis. As the concerns begin to rise up so will the people and becoming aware of our very nature must remain incessantly embroiled into our daily habits. In order to make laws that stand the test of time and do not fall into disarray, influences must be eliminated and voices must be heard. Therefore, I urged every citizen to live with the mentality to earnestly seek out information and to not be dismayed by those who hold degrees, for the will of the individual will be sought out so long as their presence is known.
God Bless.

(This publication was taken with high influence from Michael Traynor, who is President Emeritus of the American Law Institute).

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