Exercise 4

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1 Heinous Murderers Should Still Undergo the Death Penalty Kortney Schaum Department of Criminal Justice, Saint Leo University CRJ 530: Ethical Issues in Criminal Justice System Professor Wubbenhorst September 25, 2021

2 Abstract Capital punishment, more commonly known as the death penalty, has been a hugely controversial topic throughout the 400 years it has been around. Many people argue that it is unethical, immoral, and inhumane, but these have been proven wrong in recent studies. Capital punishment has been declining for years for many crimes other than murder in many countries. But in the United States, capital punishment is still around, and execution has resumed in January 2021. Every day, families worldwide have to live their lives knowing that the criminals who killed their innocent family members are alive. Should these families have to live without getting closure or retribution? The answer is no, and capital punishment was created over 400 years ago to solve this problem for these families. Many people against capital punishment argue that many people are wrongfully convicted in prison. It is unethical for them to be sentenced to death for a crime they did not commit. But this is not the case for the most recent executions that occurred for Lisa M Montgomery, Corey Johnson, Dustin Higgs, Quintin Phillippe Jones, and John William Hummel. Each one of these criminals admitted to the crime they committed with remarkable details. There was also substantial evidence found to support the details that they committed. In these cases, capital punishment was the best form of retribution and closure for all of these families. Therefore, capital punishment should not be abolished for heinous murders, and it is not unethical or inhumane. Keywords: capital punishment, families, retribution, closure

3 Capital Punishment Capital punishment has been one of the most significant controversial topics in the criminal justice system for over 400 years. Is capital punishment unethical or ethical? Is it immoral or moral? These questions have been ongoing for years, but does anyone really have the answer. The death penalty, also known as capital punishment, is when an offender is executed for their crime after being convicted. The death penalty is imposed for many convictions such as treason, espionage, murder, drug trafficking, and more. Many people wish the saying "An eye for an eye" was enforced (Banks, 2018). It is a wish of the loved ones of those who have been hurt that the same thing happens to the individual who caused the harm. In reality, however, this case rarely occurs. Capital punishment is the only form of this retribution where the families will feel relieved. Can crimes and criminals ever be forgiven? Sadly, many crimes involving murder are unlikely forgiven by the family members. Unfortunately, many people are wrongly imprisoned, which leads them to death row. The death penalty is irrevocable and evidently irreversible. These innocent people are going to lose their lives for a crime they did not commit. Furthermore, capital punishment should not be abolished and should be the outcome of vicious crimes, including murders. Background of the Death Penalty The death penalty has been well established for over 400 years all over the world. In 1622, the first criminal in the American colonies was executed (Marcus, 2007). During those times, any person who was convicted of a felony offense was sentenced to mandatory death (Marcus, 2007). This penalty has been ongoing for years in the United States, but not so much in any other country. Capital punishment was extended beyond murder for cases involving arson, robbery, rape, kidnapping, burglary, and other crimes involving violence (Marcus, 2007). Unlike

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4 other countries, in the United States, capital punishment is based on the state criminal justice system and not the federal system. In the 1970s, the United States Supreme court got involved in determining the constitutionality of the death penalty. During the Furman v Georgia case, the US supreme court determined that the death penalty was unconstitutional based on the jury's discretion of choosing the death penalty (Marcus, 2007). The US Supreme Court then got involved in the Woodson v North Carolina case because they were again concerned about the jurors not taking certain circumstances of the crime into consideration (Marcus, 2007). After the Gregg v Georgia case, the Court determined that the death penalty does not violate the United States Constitution if the jury had the appropriate guidance in using their discretion (Marcus, 2007). After this case, it led to three prominent changes in the United States regarding the death penalty. The three changes included the death penalty not to be forced on criminals who are mentally retarded, below the age of 18, and criminals whose crime did not result in a victim's death (Setheraju et al., 2016). This led to a better revision of the eighth amendment in 1992. The eighth amendment protects the rights of criminals where excessive bail and punishment should not be inflicted. Without the death penalty, many people will continue to commit crimes. The number of countries abolishing capital punishment has been increasing since 1988 but have not been abolishing capital punishment for crimes involving murder. (Hood & Hoyle, 2009). Along with these countries, the death penalty should not be abolished for individuals of heinous forms of murder (Evans, 2012). Why the Death Penalty? The loss of a loved one to a cruel, inexcusable murder is causing widespread grief and anger among families around the globe. Death is a natural phenomenon, but forcing someone's death is cruel. Do those who commit murder deserve the same punishment? Are they sentenced

5 to death if they do so? Many people against the death penalty state that it is absurd and evoking someone's constitutional rights, but the criminal did the same to the victim. They took their life too soon and evoked that person's rights. By taking the victim's life, the criminal forfeited their right to live as well. Unlike the electric chair, lethal injection is a quick, painless, humane form of the death penalty. Prison time is a form of retribution for criminals, but those who choose to take a person's life have capital punishment as their form of retribution. Without capital punishment, these families would feel that justice has not been served as retribution is an important part of the punishment process. If these criminals were to stay in jail, the families of the deceased would be supporting the murderer as they served their life sentences (Van Den Haag, 1973). These families should not have to support this murderer through his/her life in prison but would most likely rather pay to have them executed. Yes, there are many criminals who are wrongfully convicted, but there are also a lot who are not wrongfully convicted. As seen on Netflix, "I Am A Killer: Released," many criminals who are convicted of capital murder share their stories firsthand about the crimes they have committed. These death row criminals explain why they would rather be on death row than have a life sentence. These criminals also have honestly have admitted to their murders, but even some have talked about how guilty they feel for their murders and explained how they deserve a second chance. But can they really be trusted to be on the streets again after murdering a person? How would the families feel safe? Sadly, murder will always occur, and the death penalty is the best deterrent to preventing people from committing these crimes. Death Penalty Cases Since 1982, Texas has executed 572 people, of which 279 were executed under the administration of Governor Rick Perry, who served between 2001 and 2014 (TCDAP Faculty,

6 2021). During the Global pandemic, only five people were sentenced to death by the Federal Government and Texas. The Federal Government executed three people Lisa M Montgomery, Corey Johnson, and Dustin Higgs. One of the criminals was Lisa M Montgomery, who was convicted of strangling Bobbie Jo Stinnett and cut her unborn fetus from her womb (Lussenhop, 2021). Montgomery was found guilty in 2007 and executed by lethal injection on January 13, 2021 (Constant, 2021). She was the only woman on death row and the first woman to be executed since 1953 (Lussenhop, 2021). Another criminal was Corey Johnson, who ran a cocaine trafficking operation in Virginia and led him to murdering seven people. One of those victims was stabbed 85 times, and another was shot 16 times. He was found guilty of these murders in February of 1993. On January 14, 2021, he was executed by lethal injection despite contracting COVID-19 while in prison. After 28 years, the family can finally rest and feel relief after all of these heinous murders. The last federal execution of 2021 was Dustin Higgs, who murdered three women in January 1996. Higgs did not actually commit these murders; he waited in the vehicle nearby. Willis Mark Haynes was the one to commit the murders and was sentenced to life imprisonment without parole plus 45 years (Constant, 2021). This is where the death penalty fails, Haynes should have also been the one sentenced to death, but instead, Higgs was executed on January 16, 2021. Haynes was also sentenced to death but received life in prison after the jurors were deadlocked on the death-sentenced (Constant, 2021). This means that the jurors did not come to a decision on whether to execute Haynes, so therefore he was given a life sentence. But, Haynes and Higgs committed the same crime; hence they should both be executed. Quintin Phillippe Jones and John William Hummel were the last to be executed in 2021 by the State of Texas. Quintin Phillippe Jones was convicted after beating his 83-year old aunt with a bat to death in September 1999 after she refused to lend him money (Brown, 2021). After 22 years,

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7 Jones was sentenced to death by lethal injection in January 2021. This whole murder occurred due to Jones drug addiction and his aunt refusing to lend him money. John William Hummel was sentenced to death in 2011 after he was found guilty of murdering his pregnant wife, 5-year old daughter, and his father-in-law (McCullough, 2021). The police determined that the victims were all beaten to death and then set on fire. Later, Hummel admitted to these crimes, and the murder weapons were found to match his and the victims' DNA (McCullough, 2021). After reviewing these cases, none of these victims were wrongfully convicted, and all admitted to the crimes that they committed. There was also substantial evidence to back up their confessions. Like in recent news, Gabby Petitio's families are grieving over the loss of their daughter from a scandalous homicide. The prime suspect in the case is her fiancé, Brian Laundrie, who is currently missing and nowhere to be found. Brian Laundrie and Gabby Petito were on a cross- country road trip for three months and were supposed to end on October 31, 2021, but the trip ended sooner when Brian Returned home on September 1 st without Gabby Petito. Petito's parents reported her missing on September 11 th after not contacting her for a couple of days. If Brian Laundrie is found to be guilty of this vicious crime, should he be sentenced to death? Should his parents be sentenced for being an accessory in the crime? If convicted, Laundrie took the life of an innocent 22-year-old and fled the country. Laundrie was supposed to be Petito's fiancé but fled Wyoming without her and refused to give the authorities any information. If convicted, the family deserves retribution and closure, knowing that their daughter's murderer is not going to live another day. The death penalty serves a lot of positives for family members and society. Sometimes individuals have to put themselves in the family's shoes and understand that the only form of retribution for their family is capital punishment.

8 Conclusion Capital punishment has been around for years and has been abolished for many crimes other than murder. Other than heinous murders, capital punishment should be abolished. TAs a means of preserving law and order, deterring crime, and reducing costs of prison sentences, the death penalty plays a unique role in society. All over the world, grieving families mourn the loss of loved ones who have been brutally murdered. Capital punishment should provide closure and retribution to victims' families. Also, the victims' families should never have to support these criminals while they are in prison. Although many criminals were wrongfully convicted, in many capital punishment cases, the criminals admit to the crime they committed and to the evidence that corroborates it. There is no proof that someone has been executed and wrongfully convicted, and using that excuse to evoke the death penalty is not just able. Overall, capital punishment should not be abolished for heinous murders as it is an important form of deterrence and retribution.

9 References Banks, C. (2018). Criminal Justice Ethics (5th Edition). SAGE Publications, Inc. (US). Brown, J. (2021, May 19). Texas resumes executions after 10-month halt . Itemonline.com. Retrieved September 24, 2021, from https://www.itemonline.com/news/texas-resumes- executions-after-10-month-halt/article_5330c356-b902-11eb-9872-cb384cecbd00.html. Constant, J. (2021, April 14). Federal Execution Post-Mortem: The Final Three Carried Out in January 2021 . American Bar Association. Retrieved September 24, 2021, from https://www.americanbar.org/groups/committees/death_penalty_representation/ publications/project_blog/federal-executions-post-mortem/. Evans, K. M. (2012). Capital Punishment Should Be Maintained. In Information Plus Reference Series . Capital Punishment : Cruel and Unusual? (2012 ed.). Gale. https://link.gale.com/apps/doc/EJ4189200314/CSIC?u=sain11218&sid=bookmark- CSIC&xid=9cbf0548 Hood, R., & Hoyle, C. (2009). Abolishing the Death Penalty Worldwide: The Impact of a “New Dynamic.” Crime and Justice , 38 (1), 1–63. https://doi.org/10.1086/599200 Lussenhop, J. (2021, January 13). Lisa Montgomery: Looking for answers in the life of a Killer . BBC News. Retrieved September 24, 2021, from https://www.bbc.com/news/world-us- canada-55587260. Marcus, P. (2007). Capital Punishment in the United States, and Beyond. College of William & Mary Law School . https://doi.org/https://scholarship.law.wm.edu/facpubs/61

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10 McCullough, J. (2021, June 30). Texas executes John Hummel for murdering his family in 2009 . The Texas Tribune. Retrieved September 24, 2021, from https://www.texastribune.org/2021/06/30/texas-execution-john-hummel/. Parker, N. (Executive Producer). (2018-2020). I Am A Killer [TV series.] Netflix. https://www.netflix.com/ Sethuraju, R., Sole, J., & Oliver, B. E. (2016). Understanding death penalty support and opposition among criminal justice and law enforcement students. SAGE Open , 6 (1), 215824401562495. https://doi.org/10.1177/2158244015624952 TCDAP Faculty. (2021). Texas death penalty facts . TCADP. Retrieved September 24, 2021, from https://tcadp.org/get-informed/texas-death-penalty-facts/. Van Den Haag, E. (1973). Should Capital Punishment Be Abolished In The United States? CON. Congressional Digest, 52(1), 25

Exercise 4

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