As of August 2017 capital punishment also known as the Death penalty is legal in 31 states.
Capital punishment is a legal authorized killing of someone that is used as a punishment for committing a crime. Back in the days you would receive the death penalty for any little crime. For example, stealing grapes or killing chickens. Nowadays the crime you commit must be very serious in order to get the death penalty.
Some examples are murdering a member of Congress, espionage, murder of a court officer and many more other serious crimes. The death penalty has been used for years, despite many states and people’s disagreement on it. The privilege of the death penalty was taken away, but reinstated by the United States Supreme Court in 1976. Since then to now the total amount of people put to death by this punishment is 1,465.
There are 3,035 people on death row, out of all of those people only 54 of them are women. There’s a lingering question as to why do women rarely get capital punishment. Many people believe that the death row is gender bias since only 1.1% of women get executed eventually. A little background on the death penalty is that thirty one states out of fifty still conduct it. Out of all states, the southern states tend to use this punishment more. Women count for 10% of murder arrests, but when the cases get moved towards death row it decreases. According to the huffington post only 1.
1% of women eventually get executed. The original death penalty laws go as far back to the eighteenth century in the code of king Hammurabi, the fourteenth century in Hittite code, the seventh century draconian code of Athens. In that code it made the only punishment for crimes to be death.
Last but not least capital punishment was also found in the fifth century Roman law. Eventually the death penalty came to America. It was brought here by the influence of Britain.
Europeans bought the practice of capital punishment when they came to the new world. It wasn’t until the 1960’s that the death penalty became a challenge. Before it became a problem people interpreted the fourth, eighth, and fourteenth amendment as amendments that supported the death penalty.
In the early 1960’s the death penalty was said to be unusual and cruel. People thought the punishment was too harsh. After all the disputes and complications the death Penalty was suspended in 1972, only to be reinstated in 1976. Since the beginning more men were known to get the death penalty than women.
Most people say it’s because the death row is gender bias. When you look at the number of men that have been executed, versus the number of women that have been executed. It brings up many speculations which is why people think the system is gender bias. Gender bias is the unequal treatment between men and women. It has been around for a long time. In society women and men each get treated differently. There are things men can do that women can’t do and vise versa.
The death row isn’t the only gender bias thing is society. Gender bias applies to many things. For example society has this image that men can have certain jobs that women can’t, the salary difference between the two genders, only men can drive taxi cabs, and many other things. Gender bias still goes on today, which is why there are many speculations about why men are sentenced to capital punishment more than women are, but no one actually knows the real reason behind it. There are four main arguments as to why people think women don’t get the death Penalty as much as men. The first argument is that women commit less gruesome murders than men. When you watch the news you typically see men committing a gruesome death penalty worth murders.
You rarely see women committing murders that men commit. This is a proven fact, it just a theory. The FBI has data which backs this up. The most recent year is 2010 that’s the most up to date year that the FBI has data on.
90 percent of men were responsible for the 15,094 murders that were committed that year. Not every murder is supposed to get the death penalty. There are certain factors that have to be taken into account when figuring out who gets the death penalty. In this case even though men and women both committed murder. Women have a lower death rate when it comes to sentencing. Argument number two is that we live in a society where men should be courteous towards women. To achieve equality, we still need feminism.
There is a belief that men need to “protect” women at all times. So them getting the death Penalty instead of the women would be better. According to business insider jurors see women differently than men when it comes to murderers. When it comes to the death penalty it is less enforced when it comes down to giving it to women. According to business insider there are 2 reasons as to why there is a low count for women who actually get the death penalty.
It depends on what the crime was and how the jury views women. Women are responsible for 35% of murders that led to an intimate partner being dead. Most juries see the crime as it being a one time only offense.
Juries have this painted picture that women are fragile. A speaker told the LA times “It’s just easier to convince a jury that women suffer emotional distress or other emotional problems more than men”. Society has this image that women are weak and emotional, so they do things that they didn’t mean to do because they go through so much stress. There was a story about a lady named Susan Smith. She backed her car into a lake while her two sons were sitting in the backseat. By doing so she ended up killing them both. When she went to trial the jury found out she had an abusive childhood.
They immediately felt sorry for her, she only ended up getting a life sentence with parole. That shows jurors view women different than they view men. The third argument is that some women fall into a specific category that keeps them safe from the death penalty.
If the jury sees a loving, feminine, motherly woman, chances are they take pity on her. If it was an aggressive, unladylike woman they’d see her as a threat to society. Juries look to see how the women act and if they see someone who may be emotionally messed up, or having a life crisis. All of that counts to how they make their decision in that case. Lastly, the fourth argument is that women get the death penalty less because of how the statutes are written.
A statute is a written law that is passed by a legislative body. The statutes were written by men so it was written with male belief. They decided which crimes were bad and when the consequence should lead to the death penalty.
Since the statutes are written a certain way men have a higher chance of getting the death penalty, since the statutes favor the death penalty depending on how major the crime was. Nevertheless, there’s a lingering question as to why do women rarely get capital punishment. Many people believe that the death row is gender bias since only 1.1% of women get executed eventually. There are many arguments, but only a few make sense. Gender bias is definitely an option, because we see how women get more favoritism than men in society. They are treated differently.
It’s a proven fact since the jury gives women more pity than they give men the benefit of the doubt. That leads to the other fact that the juries are lenient towards women. They look for any traumatizing part in a woman’s life to feel pity for them. They have the same picture painted in their head that women are emotional and weak. To sum it all up women have it better than all men because of their feminine ways. The death row is gender bias and that’s something that needs to be fixed.
The truth behind why many women don’t get the death penalty as much as men is surprising. There isn’t gender equality when it comes to the death penalty. No one talks about it, but it’s something that should be brought up and changed.