For centuries, capital punishment has caused a copious amount of controversy because the decision to support or oppose the act mainly reflects one’s personal beliefs. Many favor the death penalty because they feel certain crimes should be punishable by death because it is an appropriate form of justice. Others, are against capital punishment because of its expenses or because of the mere fact that they believe the government does not have the right to execute citizens. According to Unnever (2010), capital punishment has greatly evolved and the “United States is not alone in the use of the death penalty” (p. 463). In fact, China, Saudi Arabia, The Democratic Republic of the Congo, and Japan are amongst the others. An example of this controversy can be seen in Truman Capote’s, In Cold Blood. In the novel two men faced execution by hanging after being convicted for the brutal murders of the four innocent members of the Clutter family. Since these murders were committed premeditatedly with no initial motive, I do believe the men should have been severely punished for their actions. However, because I firmly oppose the death penalty overall, I do not believe execution by hanging was the justifiable consequence.
In Holcomb, Kansas, November 1959, the Clutter family awakens on the fifteenth day ignorant to the fact that this will be their last day alive. Meanwhile, Perry Smith and Richard Hickock, the two men who will soon kill the Clutter family, prepare themselves for the long drive to Holcomb. Hickock’s former cellmate, Floyd Wells, recalls there being a safe in the Clutter residence containing $10,000. Hickock believed Wells’ word since he used to work for Mr. Clutter. Hickock then called Smith, made the plans to break into the Clutter home, and steal the money. Since the crime was already premeditated, Smith and Hickock stopped at a convenient store to buy rubber gloves and a rope. While in the store, Smith suggested that they buy hosiery to cover their faces, but Hickock concluded that “ . . . stockings of any shade were unnecessary, an encumbrance, [and] a useless expense . . .” because no witnesses will survive (Capote, 1965, p. 37). That night, Smith and Hickock arrived at the Clutter home. They first entered with hopes of finding a large safe, but when they realized that Mr. Clutter kept little cash in the home, they tied up Mr. Clutter, Mrs. Clutter, Nancy, and Kenyon, and eventually shot them one by one in the head. The killers initially got away with the murders, leaving the country and little clues behind. However, after Christmas they were both caught by police for attempting to pass bad checks shortly after returning to Kansas. During the investigation, the original motive of robbery was discarded as reports showed that “ . . . neither of two cars owned by the Clutters was taken and that a diamond ring was left lying on a dresser in Nancy’s bedroom beside an envelope containing money for church” (Anonymous, 1959, p. A5). Though the investigation concluded that no true motive was discovered, the crime was still gruesome and premeditated; therefore, Smith and Hickock were sentenced to death by hanging for murder of the first degree.
The death penalty has a lineage tracing back to English common law where “even minor thefts could be punished by death, and the prisoner could be tortured in the process” (Fagin, 2014, p. 206). Many states who use the death penalty use it as a deterrence to murder, whereas abolitionists fear that it does not deter crime and could be administered wrongly or unfairly. Though Smith and Hickock were completely guilty of the four murders, I believe that life in prison would have been more suitable in terms of “punishment.” When discussing the death penalty, the offender is serving death row until everything the government has to settle is taken care of. Already preparing themselves for death, most may be glad that they do not have to spend the rest of their lives treated like an animal in prison. In fact, the father of criminology, Cesare Beccaria, argued just this. Beccaria “ . . . considers state execution undesirable” (Sitze, 2009), especially on a more personal level, and believes “life in prison [is] a greater punishment and [is] more dreaded by the offender” (Fagin, 2014, p. 207). I, too believe that one may fear the harsh life in prison before death any day. Prison, being dreadfully monotonous, I think is enough punishment in and of itself and may have been the sentencing that would have severely punished Smith and Hickock.
Later in the story, it was revealed that Perry Smith and Richard Hickock both had difficult childhoods. To begin, Hickock described his family as fairly poor. However, remembers his childhood no different from any other child’s his age. He also revealed that years later his life became difficult when he faced a divorce. Through a letter that Smith’s father wrote in hopes to get him early parole during a previous sentence, it was mentioned that Smith was indeed a “normal” child, goodhearted, but would often rebel against authority. The letter also revealed that Smith’s parents had gotten a divorce and shortly after, Smith ended up in a Catholic Orphanage where nurses physically beat him for wetting the bed. Through all of that, his father took him in, Smith finished the third grade (the last schooling he ever received), and eventually had a falling out with his father over the last piece of bread. Also, in a letter written by Smith’s sister Barbara, it was subliminally revealed that she wished Smith would have tapped in to his “age of reason” and personally differentiate right from wrong (Capote, 1965, p. 139). Towards the end of the letter, Barbara realized that Smith did indeed mess up his own life and she began to make Smith feel guilty for that by bragging about her family and everyday responsibilities. Finally, the police visit Barbara’s house in order to question her about Smith’s whereabouts. During the visit, Barbara assured police that she has not heard from Smith and begins to reminisce with an old photobook. Barbara recalls the love she had for Smith but remembers how he always resented her for having an education.
“. . . Oh, the man I could have been! But that bastard never gave me a chance. He wouldn’t let me go to school. O.K. O.K. I was a bad kid. But the time came and I begged to go to school . . . But no education, because he didn’t want me to learn anything, only how to tote and carry for him” (Capote, 1965, p. 185).
In terms of the actual crime, Hickock claimed the only reason he went to the Clutter residence that night “ . . . was not to rob them but to rape the girl” (Capote, 1965, p. 278). Hickock also revealed that Smith was the one who killed them all. Therefore, one may believe that any true motive for the crime lies within Smith because of his family and his horrible childhood.
This murder brought much confusion in the little town of Holcomb, Kansas because the death penalty was just recently restored and since, no crime like this has taken place. However, the question remained whether this was a simple act of a man with a gnawing grudge or a brief case of insanity. According to Bennet (2009), “ The McNaughton rules for determining whether a person can be successfully defended on the grounds of mental incompetence . . .” (p. 289). In other words, it is up to a professional to determine if one faced a temporary case of insanity and could not determine right from wrong during the moment of the crime. During the trial of Perry Smith and Richard Hickock, a psychologist by the name of Dr. Jones took the stand and was given the duty to determine whether Smith was able to distinguish right from wrong at the time of the crime. Though the judge only allowed Dr. Jones to answer with either “yes” or “no,” Dr. Jones ended his testimony by stating that he was not sure. Even though the judge left no room for Dr. Jones to continue his hypothesis, I believe that Smith was at the time experiencing a case of temporary insanity. I am convinced that when Smith was killing the Clutter family, he was imagining them to be his own family and in result, took his personal frustrations with his family out on the Clutters in a very gruesome way. During the summations of the trial, it was explained that no matter who pulled the trigger on the shotgun, “ . . . both men are equally guilty” and the maximum penalty was requested--death.
The death penalty still causes debate today. Individuals who support the death penalty believe if a person murders another person, they too deserve to die. Abolitionists, on the other hand, feel that capital punishment may be unfairly administered, at times administered wrongly, and simply disagree with the government killing citizens and their right to do so. Garland (2001) mentioned “ . . . the death penalty is embedded in the legal and political fabric of American life . . .” (p. 459). While others such as Cesare Beccaria disagree, the study conducted by Unnever (2010) proved that there are other countries that have taken sides with the use of capital punishment and its effective deterrence. In the case of Perry Smith and Richard Hickock, they both were sentenced to death. However, there were instances the state of Kansas had to determine if execution was truly justifiable. After a total of five years, this particular case has visited the Supreme Court twice and the execution date was pushed back a number of times--Smith and Hickock were hanged in the April of 1965. I am convinced that the death penalty is ironically favored because a government trying to deter murder, should not be committing it. Although I believe that Smith was not mentally capable of recognizing his actions, I still believe that he and Hickock should have been punished. However, since I oppose the death penalty because capital punishment may at times be excessive and potentially unfair, not to mention irreversible, I believe life in prison without early parole would have been a more appropriate punishment.
References
1. Bennett, A. (2009). Criminal law as it pertains to 'mentally incompetent defendants': a McNaughton rule in the light of cognitive neuroscience. Australian & New Zealand Journal Of Psychiatry, 43(4), 289-299.
2. Capote, T. (1965). In cold blood (Modern Library ed.). New York: Random House, Inc.
3. Fagin, J. A. (2014). CJ2013. Upper Saddle River: Pearson.
4. Garland, D. (2001). The cultural uses of capital punishment. Punishment & Society 4(4), 459-487.
5. KANSAS HUNTS FOR MOTIVE IN MURDER OF 4. (1959, Nov 17). Chicago Daily Tribune (1923-1963).
6. Sitze, A.(2009). Capital Punishment as a Problem for the Philosophy of Law. CR: The New Centennial Review 9(2), 221-270. Michigan State University Press.
7. Unnever. J. (2010). Global support for the death penalty: Punishment & Society. (12)463-484.
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