The Death Penalty Epidemic & Us
Do we, as countries, have a right to kill? This question rings through the ears of global citizens both directly and indirectly impacted by the harms of the capital punishment system. We hear of its' prevalence, read books glorifying its' existence, but still look the other way to the inequality that the death penalty constitutes. This sentence possesses a damaging history of racialized control, predisposed criminal stereotyping, and perpetuates socioeconomic deterioration. Proponents insist this extremity exists to protect international society from the most horrific crimes capable by man. Others underline the hypocrisy of federal power to take life when legislation preaches it's very unlawfulness. The current capital system, however, poses a threat to both viewpoints, in which the human rights of criminals are stripped, along with their role as valuable society members. Although the death penalty has been abolished in over half the world, execution remains a proliferation of government censorship, unequal access, and exploitation of individuals' right to reflection and restorative justice.
A System of Racialized Control
The introduction and order of the death penalty dates back to the code of King Hammurabi of Babylon in Eighteenth Century B.C., which was invoked as the punishment for 25 different crimes — which included the suspected use of magic — but not murder. More and more political systems began to adopt execution as means of imposing federal and bureaucratic control, with a foundational preference for caste and privilege. Particularly, 5th Century B.C. Rome adopted a code of death with respective difference for the nobility and slaves, in which the subordinate class would be crucified, drowned, burned alive, or impaled, for any extent of the following:
The publication of writing, song, or word that went against the government's rule.
Ruining or cutting farmers' crops
Burning of a house or cornfield
Public disturbances
Theft
Perjury, or, violation of an agreement
As past societies grew increasingly interconnected, capital punishment grew instinctually in habit. Britain incorporated this practice into legal delegations and war motivations, and most criminal punishments were accompanied by some sort of physical mutilation or bodily torture. The colonies adopted this method of legal execution, and unfortunately, those at the foothold of these laws were disproportionately Black, Native, Hispanic, enslaved, and/or low-income society members. In fact, the utilization of the death penalty towards Black individuals was explicitly encouraged within many state laws during slavery. This is exemplified in the state of Virginia prior to the civil war, where they performed over 60 Black executions. Of course, white persons with similar offenses would not receive such a horrific punishment — Virginia barring only 1 white execution during this same period.
The roots of capital punishment lie in targeted discrimination towards an 'undesired' category of humans. And like many other institutions of oppression, the racial disparity in the capital punishment system has only grown. In the United States, although Black individuals make up 13% of the population, they make up over 43% of those on Death Row. Similarly, research conducted at Washington State found that Black defendants are 4 times more likely to receive capital punishment than non-Black defendants. But the very obvious prejudice in the current application of the death penalty also pertains to the demographics of the victims at hand. There is a clear discrepancy in and preference for the loss of a white life over that of BIPOC peoples. This is demonstrated in how white people represent less than half of homicide victims, but the loss of a white life makes up 80% of all capital prosecutions. Marginalized community members that have been victimized or murdered do not receive an equal or adequate level of justice compared to their white counterpart. People of colors' lives continue to be demeaned in their passing.
Global Realities
The aforementioned statistics fail to account for the number of individuals, primarily people of color, that are wrongly convicted for serious crimes who face execution due to implausible stereotyping and the demeaning state of our criminal justice system. Black individuals are 7 times more likely to be wrongly convicted of a serious crime than their white predecessors, systematically displacing families and reinforcing a racial caste that decades of legislation has performatively fought to overrule. In America, and within countries across the globe, capital punishment stands to subjugate and rid societies of threatening persons — a cruel and modern process of cultural sanitation.
Past utilization of the death penalty continues to mirror current implementations of it. In 2022, there were 883 individuals executed in 20 countries, which is an amount up 51% from 2021. These numbers do not represent the thousands of individuals currently awaiting execution, 2,400 of which reside in the United States. Amnesty International provides a graphic displaying the worldwide tendencies of capital prosecution.
Currently, the countries that make up the largest amount assigned and performed executions are China, Iran, Saudi Arabia, Egypt, and the U.S.A. It is predicted that China's enforcement of the death penalty has resulted in thousands of deaths within 2022, but the country keeps these very numbers under lock and key, making it difficult to accurately estimate the number of lives taken in a court of law.
Crimes that pertain to capital punishment include aggravated versions of murder, mass murder, rape and sexual abuse (child rape), terrorism, war crimes, genocide, and other pre-meditated malefactions. In China, as well as territories like Iran and Saudi Arabia, many individuals have faced fatal punishment as a result of drug trafficking or drug-related offenses, which in itself is a violation of international law. According to data gathered in 2022, the most popular means of performing national execution are (in order of prevalence): beheading, hanging, lethal injection, and gunfire/shooting.
Unlawful conditions
But the environment that these convicted persons face since the time of prosecution and sentencing stands as reason for why the UN writes the death penalty as one of the largest threats to human rights worldwide. The United States houses what is widely known as Death Row, which is a specific area within a federal prison that encloses only those awaiting capital punishment. These people are subjected to 23 hours a day of solitary confinement, with their food, medical, physical, and mental services received through a small slot in their door. Many of these people face restricted contact with their families and attorneys, which leads to little information being diffused on when their execution may take place. These poor conditions directly violate the global value of accountability and individual safety, unjustly stripping means of life away before completely depriving them of their literal right to live. This lifestyle poses a threat to their psychological safety and innate rights to interpersonal and material stimulation, inducing long-term boredom and mental illnesses that make the days harder and longer to get through. Moreover, these sectors deprive inmates of personal learning programs, educational resources, and counseling services. There is a very clear lack of investment in their quality of life, and why? Because the nation intends on taking their very life.
The moral hypocrisy here is daunting. We condemn the world's fugitives for their legacies of violence and human destruction, so in turn, we commit those very acts unto them. Taking away life is not an act of justice or healing, but a reinforcement of cruelty and hatred. Humankind is better than this.
As the wise reverend Dr. Martin Luther King once spoke: we cannot drive out hate with hate…
Alternatives & Outlets for Change
…only love can do that. Pursuing an agenda of restorative and transformative justice has been on the global radar for decades, yet little has been done towards this major system alteration. And our ritual of self-education and self-application can only come if we do some term-defining. Who doesn't love that?
Punitive vs. Restorative vs. Transformative Justice
Punitive Justice focuses on actively punishing the crime-doer for the act(s) they committed.
Restorative Justice is centered on healing the impacts of the crime/violence, as opposed to taking retribution.
Transformative Justice refers to the reversing or altering of the systems that allowed for the crime/violent act to occur in the first place.
When we wish to discuss the extensive consequences of capital punishment, we understand there is a resounding punitive value in this way of legal practice. If we want to advance forward as a world centered on peace-making and healing, a restorative-transformative approach must be adopted by global criminal justice practitioners.
This entails emotional and physical reparations for those who are products of these systems of oppression, with legal sympathy regarding the state of poverty and dehumanizing structures. All forms of prosecution should provide individual development protocol, educational accessibility, and enhanced exposure to positive socialization and human connection. This inclusion, of course, must elicit a transformative approach of getting to the root of the systemic cause, for example, why a drug-offender had access at such a young age? In what county allowed for a murderer to feed their criminal context and victimization? If we continue to practice blame and targeted punishment, the way our society perceives crime and criminals will continue to permeate our economic and class contingencies.
Organizations That Are Actively Fighting to End the Death Penalty
The fight to end the death penalty is a critical human rights issue that has garnered attention from numerous organizations worldwide. These organizations work tirelessly to advocate for the abolition of the death penalty, promote alternative forms of punishment, and provide assistance to individuals on death row. Here are some organizations who are working to abolish capital punishment worldwide:
1. Amnesty International - An internationally renowned human rights organization, Amnesty International conducts extensive research, advocates for legal reforms, and mobilizes activists to work towards the abolition of the death penalty globally. Their efforts include conducting campaigns, raising awareness, and providing legal support to individuals facing execution.
2. The Innocence Project - Dedicated to the exoneration and release of wrongfully convicted individuals, The Innocence Project actively works to prevent wrongful executions. They utilize DNA testing and investigative techniques to prove innocence and advocate for the abolition of the death penalty, emphasizing the flaws and risks associated with capital punishment.
3. Reprieve - This organization provides free legal representation, investigative support, and humanitarian assistance to defendants facing the death penalty worldwide. Reprieve aims to ensure fair trials, challenge human rights violations, and promote alternatives to capital punishment through the power of legal advocacy.
4. National Coalition to Abolish the Death Penalty (NCADP) - A prominent organization in the United States, NCADP comprises legal professionals, activists, and concerned citizens working to end the death penalty in America. NCADP advocates for reforms, educates the public, and supports activists and lawmakers in their efforts to repeal capital punishment laws.
5. Witness to Innocence - An organization led by exonerated death row survivors in the United States, Witness to Innocence provides an essential platform for exonerees to share their stories and advocate against the death penalty. They work to raise awareness and highlight the flaws, injustices, and psychological impact of capital punishment.
6. Human Rights Watch - As a leading international human rights organization, Human Rights Watch investigates and reports on human rights abuses, including the death penalty. They advocate for the abolition of capital punishment worldwide and work to raise awareness about the moral, legal, and social implications of executing individuals.
7. World Coalition Against the Death Penalty - This global network of NGOs, local groups, and individuals campaign for the worldwide abolition of the death penalty.
Non-Profits Dedicated to Restorative and Transformative Justice
Restorative and transformative justice are approaches that aim to heal and transform individuals, communities, and systems affected by conflict, harm, or crime. These approaches emphasize accountability and reconciliation. If you are passionate about supporting initiatives committed to restorative and transformative justice, here is a compilation of notable non-profit organizations working towards these goals:
1. The Center for Court Innovation: This New York-based non-profit pioneers and tests innovative approaches to restorative justice. They develop and operate programs that promote alternatives to traditional criminal justice processes, with a focus on rehabilitation, community engagement, and conflict resolution.
2. The Restorative Justice Project: Dedicated to promoting restorative practices across the United States, this non-profit focuses on transforming the criminal justice system. They provide training, education, and advocacy to create restorative alternatives that address the needs of affected individuals, offenders, and communities.
3. Impact Justice: This organization is committed to ending mass incarceration and transforming justice systems. They work on various initiatives, including community-based programs, policy advocacy, and reform efforts that promote restorative and transformative justice alternatives. Impact Justice focuses on reducing recidivism and building healthier, more equitable communities.
4. Creative Interventions: Focusing primarily on interpersonal violence, Creative Interventions supports community-based projects that offer alternatives to traditional responses. They aim to end violence and abuse by empowering communities to develop their own transformative justice practices through education, resource sharing, and support.
5. Project NIA: Based in Chicago, Project NIA advocates for restorative justice approaches in communities affected by youth and juvenile justice issues. They collaborate with schools, community organizations, and government agencies to develop policies and practices that prioritize accountability, healing, and reconciliation for all involved parties.
6. Generation Justice: This non-profit focuses on empowering and engaging young people in the pursuit of transformative justice. Based in New Mexico, they amplify the voices and concerns of marginalized youth, working towards systemic change, and challenging oppressive structures through journalism, media production, and advocacy.
7. Pretrial Justice Institute: While not exclusively focused on restorative justice, this organization works towards transforming pretrial release and detention systems in the United States. They promote alternatives to cash bail, focusing on evidence-based practices and restorative approaches that ensure fairness, reduce harm, and prioritize individuals' well-being.
Capital punishment is a practice that reinforces historical inequality and extinguishes a hope to grow and heal. As global citizens, we must lead with empathy and sensitivity to create a future reliant on institutional accountability.
