New York has a long history of capital punishment that dates back o the colonial era. Between 1608 and 1972, the state recorded the second-highest executions after Virginia. New York State has abolished and reinstated the death penalty several times. For example, death by hanging was abolished in 1860 with no provision for an alternative method of execution, but the state corrected the issue in 1861 (Bessler, 2019). New York State finally abolished capital punishment in 1977. The state should not reinstate it due to its lack of deterrence and the possibility of racism and prejudice in its application.
New York State should not reinstate executions because a significant percentage of the American public has increasingly become uneasy with them. The numerous issue that plague the application of capital punishment illustrates to the public that there are no specific ways of preventing innocent people from being executed (Niven & Donnelly, 2020). An example of disturbing statistics is that since 1973, 173 innocent people have been released from death row in 25 states, some within hours of the scheduled execution (Bessler, 2019). Hence, to ensure that New York State stays consistent with the public’s views and enhances fairness in criminal justice, it should not reinstate the death penalty.
Executions should not be restored because they lack deterrence. No evidence shows that capital punishment can discourage people from committing serious crimes. This means executions do not have much importance in the criminal justice system (Niven & Donnelly, 2020). Hence, reinstating the death penalty would only promote cruelty and inhumane behavior without a clear purpose or benefit to society or convicted criminals in preventing crime.
New York State should not reinstate capital punishment because the punishment is deeply flawed. Numerous surveys in the state have discovered serious issues that dent the fairness and integrity of the death penalty. Reports have shown that the death penalty process has many errors, arbitrariness, and even prejudice. Additionally, there is evidence that, in some cases, innocent persons are executed because of false evidence. People of color, mentally ill persons, the poor, and other vulnerable people in American society are unfairly targeted by capital punishment (Bessler, 2019). For instance, in Texas, several organizations have documented a high incidence of prosecutorial misconduct and insufficient representation in capital punishment, which are also likely prevalent in New York State (Niven & Donnelly, 2020). Thus, reinstating executions with the knowledge that the process involved is flawed would result in gross human rights violations.
International human rights law favors the abolition of the death penalty even though it does not directly prohibit it. The United States Commission on Human rights has passed many resolutions asserting its position on capital punishment. An example is a 2003 resolution that affirmed that the abolition of capital punishment helps promote human dignity and human rights progress (Niven & Donnelly, 2020). Thus, continuing its prohibition of the death penalty is equivalent to enhancing human rights and dignity.
Capital punishment is naturally cruel, and executions are inevitably conducted arbitrarily, mainly affecting the vulnerable in society, such as the poor, the mentally ill, and the person of color. Therefore, the death penalty should not be reinstated in New York State as the current problems include prejudice and violation of human rights. Reinstating capital punishment in New York State would also go against global trends as support for the death penalty has drastically reduced recently.
References
Bessler, J. D. (2019). Torture and trauma: Why the death penalty is wrong and should be strictly prohibited by American and international law. Washburn LJ, 58, 1. Web.
Niven, D., & Donnelly, E. A. (2020). Who challenges disparities in capital punishment?: An analysis of state legislative floor debates on death penalty reform. Journal of ethnicity in criminal justice, 18(2), 95-122. Web.