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Con
The Commission on Capital Punishment
in Illinois
found that in 250 cases since 1977 21% of the reversals were to deficiencies in defense council conduct. The Supreme Court
found about 26% of the cases were reversed based upon conduct by the prosecutor that was improper and reversible. The trial
judge has the immediate responsibility of discretion in these matters before appeal. It is implied here that all professional
conduct was less than desired. The use of life imprisonment shields the state and society from
the ill effects of a wrongful execution or death sentence.
The use of DNA or forensic testing should eliminate errors in convictions and permit those convicted to prove their
innocence or guilt. Has this tool upheld the argument for or against capital punishment?
Pro
DNA testing is the most important crime-fighting tool since
finger printing. DNA testing provides a powerful safeguard in both pre-conviction and post-conviction processes. This
tool lends to the credibility of capital convictions and executions. The problem with post-conviction DNA testing is the admissibility,
integrity, and saving of biological evidence in nexus with other evidence as fingerprints. There must be a consistent standard
to guarantee the recovery, safeguarding and genuiness of all materials (Hatch, 2000).
Con
The State of Illinois
had 25 persons on death row. Twelve were executed and 13 were exonerated. Universal DNA testing has proven serious defects
in the confidence
of law enforcement and trial procedures. As of January 2002, DNA testing has exonerated 100 persons from capital punishment.
The Innocence Project states that a revolution has occurred due to DNA
testing. This organization argues that exonerations have exposed wrongdoing
based on eyewitness errors, official misconduct, race and economic disparities, which posit the use of DNA to aid the abolition
of capital punishment.
Historically has the use of proportionality and equality supported the use
of capital punishment?
Pro
The end is
the measure. Any act drawn from the rule must bear in ratio and proportion to that rule or it would be unjust (Aquinas, 1992).
Justice requires punishing the guilty even if only some can be
punished and sparing the innocent. Morally, justice must always be preferred to equality. Equality cannot be upheld to suspend
the operations of justice. Justice cannot ever permit sparing some guilty person, or punishing the innocent. Penalties should
be upheld to guarantee that the operations of justice, which are so integral to the sustainability of the individual and state.
The application of justice is more than a noblilesse oblige, it is upholding the legal right of the individual and
state.
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