Saturday, September 8, 2012

Legalising Voluntary Euthanasia


Legalising Voluntary Euthanasia

Once you accept killing as a solution for a single problem, you will find tomorrow hundreds of problems for which killing can be seen as a solution - Dr Karel F. Gunning MD – President for World Federation of Doctors Who Respect Human Life

Medical technological advancement has achieved a point where it is difficult to determine the “natural endpoint” of human life. Facing with surmounting level of terminal incurable diseases such as cancer, it is often cited that medical intervention is only prolonging a life not worth living, a life filled with suffering; a life without dignity. In this light, many call for the legalisation of euthanasia or mercy-killing where patients’ suffering is alleviated completely through death; but is that an apt solution? Although euthanasia is only legal in Netherlands, Belgium, Luxembourg and two states in United States of America: Washington and Oregon, the debates on legalisation of such practice are mounting in countries such as Canada, Australia and New Zealand to name a few (Euthanasia, 2012).

Voluntary euthanasia refers to "a medically assisted quick painful death at the request of and in the interest of the patient" (South Australian Voluntary Euthanasia Society, 2010). With proper guidelines and checks, legalising euthanasia means giving the rights to doctors to perform such act in the interest of the patient. But the problem begins when it is difficult to validate such claim especially when 1,000 patients were killed each year in Holland through euthanasia without consent or without request from the patients (Onwuteaka-Philipsen et. al., 1991).

With that in mind, will doctors place patient's interest foremost when euthanasia is requested or will their own judgement cloud the decision involving the life of an innocent human being? What is more important will patients know the alternatives solution to manage their pain or will euthanasia be the easy way out? Surrounded by all these questions, I believe euthanasia should not be legalised as it will place unimaginable power in the hands of medical practitioners and it creates an easy exit path way for both medical practitioners and patient.

Euthanasia places unimaginable power in the hands of medical practitioners. In the plight of suffering and pain, doctor is the person of authority in eyes of a patient which means their explanation and decision hold more weight in patient’s decision making. This places a lot of power in the hand of a doctor especially when patient sometimes are unaware of the situation they are in. In a study conducted in 2001, 13% of those surveyed in Britain prefers to leave it up to doctor to decide what kind of information they prefer to disclose (Jenkins, Fallowfield &  Saul, 2001) and as high as 40% of terminally ill patient in Singapore had not been informed of their prognosis (Lee & Wu, 2002) this limits the possibility of patients in having a second opinion of their situation hence placing their end-of life decision based primarily on a single prognosis. It is not unheard of that doctors make a wrong prognosis time to time. In 1993, Jane Plant asked her doctor to end her life when she was told that she only had 2 months to live; 18 years later she is a breast cancer survivor with 6 grandchildren (Dailymail, 2011). What if Jane Plant listened to her doctor’s prognosis and opted for euthanasia would she still be alive today?

                A doctor’s judgement can certainly determine whether a patient live or not. With euthanasia as an available mean, it can be wielded at the discretion of the doctor with little guideline adhere to. In Netherland, for a person to qualify for euthanasia, a doctor has to assess the patient’s mental competence and decides whether the decision in terminating their life comes from thorough understanding of the implication and stems from own decision. There is no requirement for the doctor to find second opinion other than consulting another experienced colleague (Ko, 2010). At a Death, Dying and Euthanasia Conference at the University of Queensland, a Dutch doctor cited the case of a woman in her eighties who was lonely after her husband’s death:
“We used to visit her every week,” the doctor said. “And every week she’d say to us, ‘Please give me a lethal injection.’ So after about three months we did.”
The doctor concluded, “It was a terrible situation. She had nothing to live for. She had no family. Her friends had all died. Her husband who had been the centre of her life in every way was gone.”
Interestingly, the conference speaker responded, “Did you think about buying her a cat?” To which the doctor replied seriously, “What a good idea!” (Lansdown, 2007)

This case certainly highlighted how much easier doctors can administer a lethal dose to anyone as and when he deems fit, without much effort to think of a viable alternative solution. Basing on just the lady’s request and his own judgement, the doctor deemed that the patient is fit to choose death because of her bleak living condition. Such is the power that euthanasia will grant to doctors if it was legalised.
The above case clearly shows that euthanasia will eventually create an easy exit pathway for both patient and doctor alike.  By having death as a legal choice, it amplifies the sense of hopelessness in terminal patients because they have the right to choose death as a viable option instead of fighting the pain. It is certainly surprising that the main reason for euthanasia is not because of unbearable pain. Although it is a motivating factor, according to the data published by Oregon, only 22% expressed pain as a concern and most cited “losing autonomy” (90%) and “loss of dignity” (82%) (Oregon Public Health Division, 2012).

From this data and many others, it was concluded that psychological issues were the underlying factor in end of life decisions. This fact was confirmed by Dutch researchers in a study conducted on 138 terminally ill cancer patients. They found out that depressed patients were four times more likely to request euthanasia and of the 44% that requested euthanasia, half were depressed (van der Lee et al., 2005). Legalising euthanasia will give an easy escape route for patient as they can easily choose death instead of addressing their psychological concerns. It creates a culture of giving up and doctors are there to validate this feeling instead of solving the issue either through psychological intervention or by addressing the pain through palliative care which is what the patient need most.

It is surprising to see that even with high level of palliative care in most part of the developed world many patients still do not have proper access to a proper palliative care. In studies about cancer patients’ pain control, result consistently shows that half of patients receive inadequate analgesia and 30% do not receive appropriate drugs for their pain (Goudas et. al., 2001). This stems from several issues including doctor’s baseless anxieties about opioids and general lack of knowledge, insufficient training and exposure to pain management (Brennen, Carr & Cousins, 2007). Given this situation, with legalisation of euthanasia, doctor will have less incentive to strengthen their knowledge in pain management and just opt for the easy way out: death.

In conclusion, legalising euthanasia opens the flood gate to many practices that bring more harm than good to the society. It is already very selfish to end a life thought to be meaningless, what is even more selfish is to implicate medical practitioners and even relatives in the act of taking that life, legally. In essence suicide is not illegal and the means of doing it is available but what is illegal is abetting someone in that act, at least for now. By legalising euthanasia, it allows doctor to be the point of authority to decide whether a man fits to die and that is against the principle of medicine.  “I will give no deadly medicine to any one if asked, nor suggest any such counsel” such was written in the Hippocratic Oath and what euthanasia advocates are asking is to go against that principle for the “right to die” of individual. Is it really the right to die or just an excuse to give up? Now due to doctor’s unwillingness to participate in physician assisted suicide, proponents of euthanasia is progressing toward a path where medical personnel is not needed but instead professionals whose job will be to terminate a person life at their request (W. J. Smith, 2012). This is the start of a very steep slippery slope.

References

Brennan, F., Carr, D. B., & Cousins, M. (2007). Pain management: a fundamental human rights.Anesthesia & Analgesia105(1), 205-221. doi:10.1213/01.ane.0000268145.52345.55.

Emanuel, E. J. (2005). Depression, euthanasia, and improving end-of-life care. Journal of Clinical Oncology23(27), 6456-6458. doi:10.1200/JCO.2005.06.001.

Euthanasia (n.d.). Euthanasia. Euthanasia.com. Retrieved September 9, 2012, from http://www.euthanasia.com/

Gunning MD, K. F. (1997). Why Not Euthanasia. Schreeuw om Leven - Abortus. Retrieved September 9, 2012, from http://www.schreeuwomleven.nl/Publications/Ec3/GunK9701.htm

Jenkins, V., Fallowfield, L., & Saul, J. (2001). Information needs of patients with cancer: results from a large study in UK cancer centres. British Journal of Cancer84(1), 48-51. Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2363610/pdf/84-6691573a.pdf.

Ko, J. (2010). Legalization of euthanasia violates the principles of competence, autonomy, and beneficence. BC Medical Journal52(2), 92-94.

Lansdown, A. (2007). If people were dogs & other false arguments for euthanasia. Life Ministries. Retrieved September 9, 2012, from http://lifeministries.org.au/pamphlets.php?content_id=63

Lee, A., & Wu, H. Y. (2002). Diagnosis Disclosure in cancer patients – when the family says “No!”. Singapore Medical Journal43(10), 533-538.

Nicholas, S. (2011, January 22). Told they had terminal cancer and had as little as weeks to live, the miracle survivors' club have proved the doctors wrong | Mail Online. Dailymail. Retrieved September 9, 2012, from http://www.dailymail.co.uk/femail/article-1349105/Told-terminal-cancer-little-weeks-live-miracle-survivors-club-proved-doctors-wrong.html

Onwuteaka-Philipsen, B. D., Van der Heide, A., Koper, D., Keij-deerenberg, I., C. Rietjens, J. A., Rurup, M. L., . . . Van der Maas, P. J. (2003). Euthanasia and other end-of-life decisions in the Netherlands in 1990, 1995, and 2001. The Lancet, 1 - 5. Retrieved from http://image.thelancet.com/extras/03art3297web.pdf.

Oregon Public Health Division (2012). Characteristics and end‐of‐life care of DWDA. Public Health Division Home | Public Health. Retrieved September 9, 2012, from http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Documents/year14-tbl-1.pdf

SAVES (2010). South Australian Voluntary Euthanasia Society. South Australian Voluntary Euthanasia 
Society. Retrieved September 9, 2012, from http://www.saves.asn.au/resources/facts/fs06.php

Smith, W. J. (2012, July 26). Euthanasia Backers Now Want Assisted Suicide Without Doctors | LifeNews.com. LifeNews.com - The Pro-Life News Source. Retrieved September 9, 2012, from http://www.lifenews.com/2012/07/26/euthanasia-backers-now-want-assisted-suicide-without-doctors/

Van der Lee, M. L., Van der Bom, J. G., Swarte, N. B., M. Heintz, A. P., De Graeff, A., & Van den Bout, J. (2005). Euthanasia and depression: a prospective cohort study among terminally ill cancer patients. Journal of Clinical Oncology23(27), 6607-6612. doi:10.1200/JCO.2005.14.308.


Friday, August 31, 2012

Death Penalty: Curse or Cause


Death Penalty: Curse or Cause

It was still dark on the prison ground of Kajang Prison in the twilight of November 2, 2001 but several executioners and guards were standing by, looking grim. Cold wind snapped at their ankle and wind rustled the trees nearby making eerie sounds as they were getting ready to execute 3 people responsible for the death of a state assamblyman[sic], Mazlan Idris. Yet the three convicts appeared calm and composed; a complete opposite of the executioners. Mona Fandey smiles as they covered her head with a black sack. “I will not die,” she said as they placed the noose around her neck. Moments later she was dead, sentenced to death by hanging for murder (BBC, 2001).

The death of Mona Fandey, pop artist turned shaman (bomoh), raised some questions about the relevancy of death penalty in the minds of Malaysian. Hers and two of her accomplices’ highly publicised trial and execution drew public attention from all over the world including several international bodies such as Amnesty International who voiced their opposition to the execution of the trio (Amnesty International, 2001) Although it was to no avail, the execution of Mona Fandey has certainly planted the seed of doubt about death penalty in our mind. It certainly made us ask whether it is a curse or it’s a justified cause to peace sanctity.

Death Penalty or Capital Punishment has been in practice in virtually every society. From the crucifixion of Jesus to the hanging of Ali Hassan Abd al-Majid or “Chemical Ali” on 25 January 2010, the method and the crimes punishable by capital punishment varies largely from society to society. Whether it is for justice or petty revenge or grudges we should not dismiss the fact that of those who were executed some were in fact innocence. This has no doubt raised some questions about the practice of death penalty. In a poll conducted by Newsweek, in United States of America, 82 percent of those who responded believed that “at least a few innocent people have been executed since the ‘70s”. In 1999, Ronald Williamson was released after spending eleven years on death row for a crime he did not commit. He was convicted of “raping, strangling, and mutilating a 21-year old waitress, Debra Sue Carter, in Oklahoma, US, in 1982” based on testimony by Glenn Gore and on strands of hair found at the crime scene. In 1997, DNA sampling determined that the hair came from Glenn Gore himself, proving Ronald’s innocence (Gottfried, 2002, p. 13).

The questions now, of the estimated 441 inmates currently on death row in Malaysia as of 2011 (Amnesty International, 2012, p. 248-249), how many of them are innocent? Is it justified that we execute innocent people? Or does that make us the same as the murderers who were executed? Is death penalty a legalized murder, murder conducted by the ones in power hiding behind the Law? So in the end, again, is death penalty a curse that we bestowed upon the convicted or is it a justified cause to protect public life and interests.

Condemned to Death

Capital punishment can be curse that is branded on the convicts. We have been taught since young that every precious little life is sacred; be it an immobile tree or a pestering cockroach, taking the life of others is something that we should not take lightly. The death of a life has its consequences. Whether it brings grieves to those close and dear or brings war to the one who take the life, death is something that will affect us one way or another especially if it is taken by force and abruptly.

The ancient lex talionist or the law of retribution say that “only certain persons deserve to be punished harshly, namely those responsible and blameworthy for knowingly and seriously harming others” (Kay, 2005, p. 10) Hence blood must be repay by blood, and henceforth the birth of death penalty.

Being in practice for thousands of years, tracing its origin from China to Africa, Middle East to America, capital punishment was used to punish crime and to suppress political dissent. According to Malaysia penal code (2006), for example, capital punishment is reserved for those who: wage war against Yang di-Pertuan Agong; offences against a Ruler; abetting mutiny (armed forces); abetment of suicide, attempt by life convict to commit murder, if hurt is caused; kidnapping or abducting in order to murder; hostage taking; gang robbery with murder; drug trafficking; possession of firearm; and especially murder. Before the revision of Criminal law of China in 1997, even the killing of is punishable by death (Zhou, 2011).

Bearing all these in mind, capital punishment which was once utilised against crimes that pose heavy threat to community such as murder, espionage and treason has now extended to crimes which only benefit certain community especially the ones in holding of power all “for the benefit of public”. Where is the law of retribution now when capital punishment is extended to crimes committed by convicts that can be rehabilitated back into society?

The evolution of capital punishment from one that based on the ancient lex talionis to the one practiced now is quite astounding. In Europe and Middle East, for example, murder was not always seen as a public offence. In pre-Christian Europe, tribal group regarded murder, adultery, theft, slender, and assault as private affairs to be settled by the clan. Only a few actions were considered true social threat – incest, sorcery, sacrilege, treason. Any crime committed by a clan involving the clan itself would be solve within the clan itself bearing in mind the need of the victim and victimizer. Clans also developed ways to limit damage from reciprocal blood feuds one being restitution to families, such as Germanic and Anglo Saxon system of wergild (Kay, 2005, p. 10) and Islam’s system of diyah.

It was not until the establishment of kingship did the view on “public crimes” and “capital crimes” changes in the European continent. Private wrong which was once adjudicated by the clan redefined as “crimes against the crown” and “in breach of public tranquillity”. In this system, the victims now took backseat to redress to the king. The system of restitution to the families withered away; now fines went into king’s coffers, not the family (Kay, 2005, p. 11).

Known as the “Bloody Code” the king sees any crimes that posed a threat to his kingship as a crime that should be punish by death. At its height the criminal law included some 220 crimes punishable by death to the extent that it delivers people to the scaffold for stealing turnips and poaching (Christoph, 1962). Sir Samuel Romilly, speaking to the House of Commons on capital punishment in 1810, declared that "…(there is) no country on the face of the earth in which there [have] been so many different offences according to law to be punished with death as in England" (Bailey, 2000).

Looking back, there are not that many differences that distinguish the Law we practice today with the Bloody Code back then. Leaving behind the travesty crimes punishable by death, the Law today places the need of immediate victims behind and put the “public need” first in punishing convicts. This is to the point where victims who oppose capital punishment to be treated as “second-class victims” or even “denied of the status victim” (Kay, 2005, p. xiv) It blindly assumed victims will have closure when the victimizer is punished “justly” and “harshly”. Especially with crimes such as murder, the chain will not end with the death of the perpetrator in fact it only just begun.

 Curse of Death Penalty

Capital punishment loses its significant when it fails to act as a deterrent and when it is abused to instil unnecessary fear; it is a curse when it is executed in manner that is void of any humane value. A death sentence without proper and just trial strips the convicted from his or her human right. A system that does not recognize forgiveness and redemption, one that condemned any of those sentenced with death penalty to certain death without a fair opportunity for appeal is not fit as a criminal law. Such system reprobate convicts; condemn and exclude them from society forever. 

 Yes, it is true that some crimes are so heinous that they deserve the punishment inflicted upon them. But if one expresses deep regret with one’s action and shows positive reaction toward rehabilitation one deserves some sort compassion and mercy. Take the case of Karla Faye Tucker who confessed to two killings. Ms. Tucker converted to Christianity while on death-row and had married the prison chaplain and went on to become a model inmate. In the eye of the Evangelical Christians she was regarded as “proof of the transforming power of God”. She appeared on TV shows and asked to be spared from her fate. She managed to garner attention from all over the world including the pope as well as other religious leaders of many faiths asking for her execution to be halted. Nevertheless, the then Governor Bush allowed the execution to proceed. How it is not a curse when one is denied from compassion or at least lightening of sentence? (Gottfried, 2002. p. 19).

Although to be realistic we do not condone that murderers should be set free but if they do show changes such as Ms. Tucker, they have the right to be given mercy and be spared from the gallows and instead to life-sentence, at most. We should first understand that killer or murderer does not spawn out of nowhere; and that not all murders are premeditated, some are done in the heat of emotion or temporary insanity (Gottfried, 2002).

Misconception of the Penalty

One of main reasons that people are fighting against the abolishment of capital punishment is the misconception of the penalty. Too often we hear the story that blood should be paid with blood. Fire must be fought with fire in this unkind reality and those who speak and act otherwise are weak and soft-hearted; not fit to live in this harsh world.  We also hear that capital punishment is fundamental for victim’s family to reach closure, a word that may mean various things (and nothing with reaching peace in a situation) but basically means “putting an end to the nightmare of the crime responsible for their loss” (Gottfried, 2002. p. 44).

Capital punishment, harsh as it may be, is not passed out lightly. In America, of death-eligible cases that go to trial “Juries impose the death penalty in only about 10% of capital cases…” (Kay, 2005, p. xiv) and only about 1 to 2 percent of all murderers actually receive a death sentence, since not all homicide cases make it to trial (Ostapiak, 2001). This may due to several factors such as insufficient credible evidence and cost (Kay, 2005, p. xxi).

So what happen to families when there is no offender caught and when a death sentence is overturned, or the person convicted and serving time on death row is later exonerated and released, leaving the actual murderer still unidentified and at large? Will these families forever live in their nightmare never to experience the “closure” and “miraculous effect” death sentencing supposed to bring? What happened then when the one executed is innocent and the “closure” the family seek is not meted out? What of those who wants to tell a different story? Of the “second-class victims” (Cushing & Sheffer, 2002, p. 8) who oppose capital punishment? If it is really for the public what of those who wants an alternative, those who says that violence is not the answer to their fate?

It is true that not every victim family wants to see the person who takes away the ones they love being sentence to death. “I stand firmly and unequivocally opposed to the death penalty for those convicted of capital offenses. An evil deed is not redeemed by an evil deed of retaliation. Justice is never advanced in the taking of a human life. Morality is never upheld by a legalized murder,” said Coretta Scott King, whose mother-in-law and whose husband, Reverend Dr. Martin Luther King Jr., were both murder victim (Gottfried, 2002, p. 26). Those that stand to oppose death penalty believe that every life is precious and no matter who is in charge and in what name, killing is wrong. Anti-death penalty activist stands on the basic principle: “thou shalt not kill”.

The Painless Death

Death penalty has long been dubbed as the painless death, convict will feel little or no pain and that the execution is done quickly and humanely but how true is this? Looking back at the history, painless death is not always the objective of death penalty. Suffering and torment dogged the sentence with its excruciating, painful and bizarre execution methods. In ancient Rome, criminals were nailed to crosses and left to die slowly in public, scorned and humiliated by the society. Rome was also famous for executing their war criminals in the Coliseums by letting them face wild animals. In Mongols, criminals were punished by quartering; criminals were tied to four horses and were pulled apart.

Although by the end of eighteenth century beheading by axe was a preferred method, too often the executioner’s aim was off and the execution was botched (Gottfried, 2002, p. 102). This end up having the criminal being hacked to death like animal in slaughter house if not worse. This prompted a French physician named Joseph-Ignace Guillotin to develop a machine intended make an execution a “quick and painless” process. Called the Guillotine, it involves inserting a heavy-weighted blade between two grooved post and a board at the bottom, which was moulded to hold to fit the criminal’s head. But this too proved ineffective as more often than not the flat blade wobbled or the mould doesn’t fit the criminal’s neck properly causing the execution to be a very gruesome and messy “experience”.

Nowadays, several methods are preferred over the rest namely death by hanging, firing squad and lethal injection to name a few. But none of these guarantee to give a quick and painless execution. Hanging, for example, is considered “a painful and inhumane method of execution”, even by the pro-death penalty because some of cases where the convicted neck did not break and caused the person to be slowly being strangled to death by the noose (Pro-death Penalty, 2001). Firing squad, as with the decapitation by axe, poses problem when the shots missed the vital points causing the criminals to be showered with rounds of artillery.

Although lethal injection is considered as the most humane, painless and “clean” method there is, recent cases suggest that this is not so. Some people react differently with drugs especially those with underlying health problem such as asthmatics and diabetics. In particular, those with a history of drug use complicate the insertion of the tubes into the veins. The U.S. Court of Appeals has observed that there is evidence that “lethal injection poses a serious risk of cruel, protracted death,” adding that “even a slight error in dosage or administration can leave a prisoner conscious but paralyzed while dying, a… witness of his or her own asphyxiation” (Bedeau, 2011).

Physical pain is not the only pain that these death-row inmates suffer from. From the day they were sentenced to the day the sentence is carried out they suffer from constant psychological torture. The death-row experience of hope and disappointment, the end anticipated and then postponed only to be rescheduled is a mental torture that ordinary people cannot imagine. And they are not the only one who suffers.

The long time lapse between the day of sentencing and the day of being sentenced, family member suffer from “prolonged period of anticipatory grieving”. They know that their loved ones will be executed and yet after years and decades they can still visit them watch how they grow only to see they die later. And to make matter worse, they have to live with the shame that their loved ones “have been formally cast out of society and judged to be unworthy to live” (Gottfried, 2002, p. 50-53).

A Justified Cause

But, amidst all the arguments, we should not forget why there was a death penalty at all; suum cuique tribue ­– to give to everyone what he deserves – is as sound a reason as any. Everything that we do deserves the same amount of ‘reward’. If we demand a good reward for every good deed that we done, why can’t the same be true for every ‘bad deed’, every unlawful act that we commit?

Death penalty is a justified cause to protect and saves innocent lives. It is inherent in preserving justice and to maintain peace. Amidst what was said against it, the fact that most people agree that death penalty should be enforced is undeniable. Our need to receive or take something of equal value is embedded deep within our gene. We do not see a man cheated from his bargain being happy about it nor do we see a man sold a valuable below its original price bragging about it. We will not, also, be satisfied if criminals were let go with a lenient punishment nor do we condone a prolong torture. No matter what the situation is, that need to be even, to be fair and just, is apparent in all of us.

“If anyone kills person… it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people” (Qur’an, 5:32), such is value of a life. Does a life time in prison, living off taxpayer’s money, justifies such value? No. No matter how we look at it a life time in prison does not makes any difference in a murderer’s life. In fact, it is a common knowledge that prison usually brings out the worse in people and those that enter them ended up worse after incarceration. And a life time imprisonment without parole is, in fact, a long and as cruel as death penalty if not worse.

Convicts sentenced to life-time imprisonment are sometimes placed in solitary confinement alone with no human contact except correction officers and his lawyers. They are only allowed few hours (or usually an hour a day) to exercise in the open yard, alone (Demer, 2009). Advocates against death penalty said that life-time imprisonment is a more humane solution but does stripping one of its freedom humane? Such treatment is nothing but a long torture to convicts’ psych; it is a “cruel and unusual treatment”, the very reason the anti-death penalty based their arguments on. It is no wonder that those on death row and in life sentence ends up dead, not naturally or by execution, but by suicide (Furillo, 2008).

And that is not all. Murderers in life imprisonment are not only a threat to themselves but a threat to the prison community as well. In March 2000, Robert Lynn Pruett – a murderer serving life sentence in Texas - was charged with the murder of a prison guard, Daniel Nagle. It is alleged that he held the down the guard while another prisoner fatally stabbed him with a sharpened steel rod. If death penalty was carried out will such things happen? Death penalty not only deters others from committing homicide, it prevents criminal such as Robert from committing the same crime again (Gottfried, 2002, p. 40).

To protect the peace

Fear has long been the essence of life, particularly the fear of death. Whether it is consciously or unconsciously our life is govern primarily by fear of death. We eat and drink, we exercise and work, we avoid plane and we smoke less, all for fear of our life. And we even kill for fear of death; to kill or being killed, survival of the fittest.

Without the fear of death, one will walk through life cruising through one life threatening situation after another. It is not a problem when the only life concerned is one own, such as the acts of dare-devils, but when it involves others it is another matter altogether. When one does not fear government because death is not a question, one will rebel. Just look at the coup d'état that occurred in Thailand, such situation can only occur when fear of death is not in question.

When there is rebellion in the government, the needs of the public is sidetracked. The citizens are divided to camps, one supporting the old government and the other the rebels. And when that happened protest and war is not a far cry. Will any of these occur when death is the answer for treason and mutiny? No. No one in their right mind will oppose the government if swift death is ensures. Therefore death penalty is important to prevent such event. Without it, in the worst case scenario, chaos is likely to happen. Death penalty is there for a reason; to protect the public from such threats.

The “Abolished” Practice

The practice of death penalty had once been suspended in United States of America for 9 years after a series of public protest fuelled by the execution Caryl Chessman and a 1958 movie, I Want to Live directed by Robert Wise, depicting the Barbara Graham who was convicted of murder and facing execution. Following the nationwide release of the movie, there was a notable decrease in executions the United States. The states’ reluctance to execute death-row prisoners reflected studies showing that “in 1967 public opinion was overwhelmingly opposed to the death penalty” (Gottfried, 2002). But all this was not without a price.

During the temporary suspension on capital punishment from 1972-1976, researchers gathered murder statistics across the country. In 1960, there were 56 executions in the USA and 9,140 murders. By 1964, when there were only 15 executions, the number of murders had risen to 9,250. In 1969, there were no executions and 14,590 murders, and 1975, after six more years without executions, 20,510 murders occurred rising to 23,040 in 1980 after only two executions since 1976. In summary, between 1965 and 1980, the number of annual murders in the United States skyrocketed from 9,960 to 23,040, a 131 percent increase. The murder rate -- homicides per 100,000 persons -- doubled from 5.1 to 10.2 (Gottfried, 2002) So the number of murders grew as the number of executions shrank. Researcher Karl Spence of Texas A&M University said:

"While some [death penalty] abolitionists try to face down the results of their disastrous experiment and still argue to the contrary, the... [data] concludes that a substantial deterrent effect has been observed...In six months, more Americans are murdered than have killed by execution in this entire century...Until we begin to fight crime in earnest [by using the death penalty], every person who dies at a criminal's hands is a victim of our inaction."(Lowe, 2011)

During this time span, poll after poll revealed that public opinion had shifted dramatically to favour the death penalty.

By the beginning of 1990s, states that wished to re-impose death penalty had fought their way through endless appeals and restrictions imposed by courts. In 1991, 14 murderers were executed while 2,500 waited on death row. By 1993 the figure had risen to 38 executions, then 55 in 1995, and 98 in 1991. At the same time, murder rates began to plummet – to 9.6 per 100,000 in 1993, 7.7 in 1996, and 6.4 in 1999, the lowest since 1966. To put matter simply, over the past 40 years, homicides have gone up when executions have gone down and vice versa (Tucker, 2001).

So does abolishing death penalty had its desired effect of protecting innocent lives? Yes it does, say the anti-death penalty. To them none of this proves anything. The decline might just be coincidence. But is it responsible to gamble away that prospect; to gamble away innocent lives? According to a study conducted in U.S. in 2003 each execution deters an average of 18 murders (Lowe,2011) and it saves at least 5 - 18 innocent lives (Dezhbakhsh & Rubin, 2003). So is it worth it to waste away these innocent lives for the lives of guilty murders? It is all in a matter of perspective.

Although it is true that to prove death penalty has direct effect with crime rate is hard to prove. The only way to obtain a near-conclusive proof would be to conduct a social experiment but such experiments would be completely unethical. It is hard to proof this relationship because death penalty is not the only variable in crime reduction. Other factors such as: difference in legal and criminal justice systems; rates of crime report and police recording; differences in the point at which a crime is measured – some countries believes it is the time when the offense is reported; others only do the recording when a suspect in identified and the papers are transferred to the prosecutor; differences in the ruling of which multiple offenses are counted; differences in the lost of offenses to be included in the whole crime figures; differences in data quality; affects the data. So do some factors such as race, social status and climate (Tucker, 2001). To devise a statistical data from all these variable and draw a conclusion that death penalty affects crime rate is difficult. What is more the amount of execution carried out as compared to the ones on death row is marginally huge. And this is another problem all together.

The long times span in between conviction and execution dampen the effect that death penalty suppose to bring. A death should be quick and painless; it should be sudden and unexpected. This is the fact that makes death such a huge fear. But when it is dragged on for years and decades it dulls the blade. After such long years, families of the victim will eventually accept their fate and are ready to forgive and forget and move on with their life, so does the criminals. The public too will eventually forget the event all together and accept it as part of their past. So, it is of no wonder that death penalty does not has the effect that it suppose to bring. It is no of wonder too that there are more and more people fighting against death penalty and declaring it pointless. Although it is true that it is fair convicts should be given time to appeal and prove their case but long trial not only cost death penalty its deterrence effect, it placed a heavy burden on the judicial system itself.

Guilty Beyond Any Reasonable Doubt: To abolish or not?

Death penalty is by itself an effectively proven system practiced since the dawn of civilization. It has stood the test of time and time and time again proven as a powerful deterrence. The problem lies not within the system but with the execution of the system itself. “With great power, there must also come[s] great responsibility" is the famous quote from all time popular superheroes comic “Spider-man”. It was uttered and quoted over and over again to remind those with power that they should exercise caution so as not to succumb to it. But such is not the case for death penalty. What was once a tool to uphold justice and equality is now being abused by the ones capable of wielding it; a tool both to instil unnecessary fear and too catapult one to fame.

The need to speed up a trial and an incompetent and even weak defence case has brought death to several convicts over the past few years. It is widely known that a long case needs a large sum of money and death penalty cases more often than not can last as long as a decade and more. In a 2005 Los Angeles Times studies found that California spends $250 million per execution alone (Tempest, 2005). Therefore the need to close a case quickly has prompted many judges to resorts to actions such as distorting evidence and weak testimony just to push the case away.

Take the case of Joseph “Crazy Joe” Spaziano who was convicted of the 1973 murder of eighteen-year old Laura Lynn Harberts. The only witness against him was sixteen year old Tony DiLisio who admittedly had a grudge against him because Spaziano had “…been having a tumultuous affair with DiLisio’s stepmother”. Although at first DiLisio said he knew nothing about the murders, however under hypnosis he claimed to have been sown the victim’s body, as well as the body of another victim, by Spaziano (Lee, 1996).

Meanwhile, a lie detector test of another suspect, Lynwood Tate, “indicated strongly”, according to police investigators, that he committed the murder. Tate, however, was never charged but Spaziano was sentence to death (The Associated Press, 2003).

This so-called hanging judges, overly zealous district attorneys, lazy and incompetent defence counsels, biased juries, and politically appointed pardon and parole boards reflects just how corrupted the justice system is. They are not devising capital punishment; they have merely dispensed the justice the ‘people’ want, namely those who has nothing to do directly with the case.

In January 1999 a nationwide study by the Chicago Tribune, found that 381 cases in which homicide conviction were set aside because prosecutors had failed to disclose evidence favourable to the defence or knowingly presented false evidence. Not a single one of the prosecutors involved was ever brought to trial for their actions in those cases. Recently however, three former prosecutors were indicted in Dupage County,, Illinois, for engaging in an alleged “conspiracy to send a man to death row”.

Improper defence is another bane in the death penalty system. Many convictions have been reversed because of court-appointed defence lawyers who came to trial drunk, fell asleep during testimony, or made no effort to uncover evidence or witness to prove their client’s innocence (Gottfried, 2002, p 78). Some might blame the amount of fee required to get a competent and perfect lawyers, but is money a question in saving life?

 Conclusion

In conclusion, capital punishment as it is practiced now is definitely a curse more than a cause but it is surely a necessary cause in maintaining a peaceful society. Death penalty in itself is not an unusual treatment meant to inflict unnecessary death. It is there to maintain peace and the sanctity of the public, of us. Many states in America and even Malaysia and Singapore practice them but do they give out the sentence lightly? The answer is no.

But why do we fight against it? The answer lies in the execution of the justice system itself. A system that is void of any humane value, driven by emotion and desire for power and wealth, neglecting the very job it supposed to do, to protect the weak and innocence. It is not anymore justice when only certain class of people can have access to it and the rest, without money has to settle for the “bad apple”. Is this fair?
Abolishing it is not the answer. History has proven it that by abolishing death penalty, crimes with mount high. We should instead find ways to strengthen the judicial system, restore it to its original purpose. That is to uphold justice.

But if a country has a corrupted justice system, abolishing death penalty altogether is a wise decision. Because if it is in practice, imagine the catastrophe it will bring. Take the case of Monster of Florence in Italy, if death penalty was in practice at that time, the number of innocent people executed for motifs such as witchcraft and satanic sect will surely mount. And all these motifs are speculations created just for the sake of ending the case and to increase fame and power in the judicial system. They are void of logic and even concrete prove but innocents people were convicted all the same (Preston & Spezi, 2008).

References
Amnesty International (n.d.). Amnesty International report 2012: the state of the world's human right's. Amnesty International Report 2012, 248-249. Retrieved from http://files.amnesty.org/air12/air_2012_full_en.pdf.
Amnesty International (2001, April 4). Imminent Execution. Amnesty International. Retrieved September 1, 2012, from http://www.amnesty.org/fr/library/asset/ASA28/004/2001/fr/1d2c7328-fb3a-11dd-9486-a1064e51935d/asa280042001en.pdf
Bailey, V. (2000). The Shadow of the Gallows: The Death Penalty and the British Labour Government, 1945-51. Law and History Review18(2), 305-350. Retrieved from http://www.historycooperative.org/journals/lhr/18.2/bailey.html.
BBC (2001, November 2). BBC News | ASIA-PACIFIC | Malaysia hangs three for witchcraft murder. BBC News - Home. Retrieved September 1, 2012, from http://news.bbc.co.uk/2/hi/asia-pacific/1634584.stm
Bedeau, H. (2011, 1). The Case Against the Death Penalty - Cons, Anti Death Penalty Arguments | American Civil Liberties Union. American Civil Liberties Union (ACLU). Retrieved September 1, 2012, from http://www.aclu.org/library/case_against_death.html
Chicago Tribune (1999). Trial & Error - chicagotribune.com. Chicago Tribune: Chicago breaking news, sports, business, entertainment, weather and traffic - chicagotribune.com. Retrieved September 1, 2012, from http://www.chicagotribune.com/chi-dptrialerror-special,0,3035446.special
Chirstoph, J. B. (1962). Capital Punishment and British Politics: The British Movement to Abolish the Death Penalty 1945-57. Chicago, US: University of Chicago Press .
Cushing, R. R., & Sheffer, S. (2002). In Dignity Denied: The Experience of Murder Victims’ Family Members Who Oppose the Death Penalty (p. 8). Cambridge, US: MA: Murder Victims’ Families for Reconciliation.
Demer, L. (2009, October 30). Solitary confinement harming murder suspect, attorney says: Crime | Alaska news at adn.com. Alaska News, Jobs and Advertising from the Anchorage Daily News | Anchorage, Mat-Su Valley, Kenai Peninsula. Retrieved September 1, 2012, from http://www.adn.com/2009/10/30/994321/solitary-confinement-harming-murder.html
Dezhbakhsh, H., & Rubin, P. H. (2003). Does Capital Punishment Have a Deterrent Effect? New Evidence from Post-moratorium Panel Data. American Law and Economics Review5, 344.
Furillo, A. (2008, December 16). Sacramento Bee -- Sacto 9-1-1. Sacbee. Retrieved September 1, 2012, from http://blogs.sacbee.com/mt/mt-search.cgi?IncludeBlogs=36&search=Child+murderer+commits+suicide+on+death+row&keywords=Child+murderer+commits+suicide+on+death+row&aff=5
Gottfried, T. (2002). In The death penalty: justice or legalized murder (p. 13). Connecticut, US: Twenty-first Century Book.
Kay, J. W. (2005). In Murdering Myths: the story behind the death penalty (p. 10). Maryland, US: Rowman & Littlefield Publishers Inc.
Lee, T. J. (1996). Anatomy of a death penalty case. Human Rights23(3). Retrieved from http://www.oranous.com/innocence/spaziano/spaziano.htm.
Lowe, W. (2011, January 17). Pro Capital Punishment Page. Wesley Lowe - The Necromancer Wars. Retrieved September 1, 2012, from http://www.wesleylowe.com/cp.html
Ostapiak, M. (2001, May). Death Penalty is Racist and Targets the Poor. Socialist Action. Retrieved September 1, 2012, from http://www.socialistaction.org/news/200105/death.html
Preston, D., & Spezi, M. (2008). The Monster of Florence. UK: Hachette Book Group.
Pro-death Penalty (2001, November 23). Methods of Execution. Pro-death penalty.com. Retrieved September 1, 2012, from http://www.prodeathpenalty.com/methods.htm
Sam Ruby (n.d.). Amazing Fantasy #15. Amazing Spider-Man .Info. Retrieved September 1, 2012, from http://www.samruby.com/AmazingFantasy/amazing_fantasy_15.htm
Tempest, R. (2005, March 6). Death Row Often Means a Long Life. Los Angeles Times. Retrieved from http://articles.latimes.com/2005/mar/06/local/me-deathpen6.
The Associated Press (2003, July 6). For Release Monday, July 7, and Thereafter Inmates Freed From Death Row at a Glance - from Tampa Bay Online. FADP: Floridians for Alternatives to the Death Penalty. Retrieved September 1, 2012, from http://www.fadp.org/news/AP_FL_jul-6.htm
The Commissioner of Law Revision (2006). Laws of Malaysia: Act 574 Penal Code. Malaysia: Pencetakan Nasional Malaysia BHD.
Tucker, W. (2001). Capital Punishment Works: The States that Execute Murderers Have Seen the Most Rapid Decline in Murder Rates. The Weekly Standard6(45). Retrieved from http://www.weeklystandard.com/Content/Protected/Articles/000/000/000/173atjxy.asp.
Zhou, Z. (n.d.). The death penalty in China: reforms and its future. Waseda University. Retrieved September 1, 2012, from http://www.waseda.jp/wias/achievement/bulletin/data/z_zhou_2011.pdf


Sunday, August 19, 2012

How to manage stress in this urban rat race



Stress, what was once a physical term describing physical
 pressure exerted on one thing to another has come to common use in behavioural and health science. Stress in this context refers to bodily processes created by circumstances that place physical or psychological demands on an individual through various stressors either psychological or physical (Krohne, 2002). Silent and deadly, stress according to American Heart Association (2012), is related to increased in high blood pressure, stroke and more importantly heart attack, the world’s number 1 killer. Not only that, stress is also thought to be one of the major reasons for the increase in suicide rate to 401 in 2009 from just 364 in 2008 in Singapore. Ms Christine Wong, executive director of Samaritan of Singapore (SOS) said: "In many suicide cases, there may not be an isolated factor leading to suicide, but an accumulation of various stresses, overwhelming the individual [...]” (CNA, 2010). According to Ms Wong also, individuals with fewer coping mechanisms, weak family support and social networks may be more vulnerable when they are overwhelmed by feelings of desperation and hopelessness. In this dynamic urban rat race, stress can be managed through sense of control and the importance of social support.

A sense of control in situation determines the coping ability in an individual. In a now famous study conducted by University College London, Whitehall study, it was revealed that the lower an individual position in an organisation or even social hierarchy the higher is the mortality rate. This is the exact opposite of the common notion that those in the position of power are more likely to die from diseases such as high blood pressure and heart attack (UCL, 2004). Why is this so? After accounting for various variables such as diet, daily activities and obesity, it was determine that the main reason for this is the difference in the level of control. Those higher in the hierarchy although has higher job demands but they are found to have higher degree of control in their work place. This includes their ability to determine certain choices in their workplace such as deadlines and pace of work. Therefore, in order to manage stress it is important to have a strong sense of control and this can be done through the understanding of empowerment and locus of control.

 Empowerment is a multidimensional social process through which individual or groups gain better understanding and control over their lives (WHO, 2010). Through the empowerment process, individuals are able to overcome powerlessness and gaining control of one’s life by removing the formal or informal barriers and the transformation of power relations between individual. This can be done through having power in the decision making process.

What is most frustrating in workplace is the inability of oneself to make decisions. In a hierarchal society or workplace decision making is always a top-down situation and those in the lower step has to adhere to any decision made by the higher up even one that lead to their own death such as in the famous poem, March of the Light Brigade by Lord Tennyson. In this situation, decision making process is almost an impossible aspect in work place but not all is lost.

Empowerment can be done through the ability of individual to exert some control over the event of their lives not only in workplace but life in general. Although it is usually a given in workplaces where the superior decides to give some decision-making power to the subordinates, this sense of empowerment can be achieve by being participative in discussions or meetings. When this is not possible, participation is office activities or even social activities such as sports and clubs helps in creating a sense of control in individuals. This is because by having a say in even in the minutest decision in life, that sense of control is paramount in the management of stress as it create a sense of belonging and independence in life as a whole.

The benefit of social support is always neglected in this complex urban rat race. We often disregard the importance of having colleagues, friends, close friends and most importantly family in our daily lives. With the high emphasis in individual proficiency and achievement, the importance of social support is place in the back seat and the team work has to printed in bold and mounted on walls to a constant reminder of its importance. In the stressful condition when achievement is what matter most individual can become reclusive and individualistic preferring to stay alone in isolation compared to socialisation. This is especially through in suicidal cases where people starts to internalise their problem and refuse to open up (SOS, 2010).

In a study conducted by Heinrich and colleagues (2003) it was found out that in the presence of social support, men undergoing  acute physiological stress exhibited lower cortisol responses, a hormone released when we are stressed-out. In a separate research conducted by Kamarck et. al. (1990) it was revealed that mere presence of a friend was associated with lower blood pressure reaction to an acute psychological stressor (Uchino, 2006). These researches clearly show that peer support is essential not as a coping mechanism but as a source of motivation to keep on going in life.

In conclusion, there are various other coping mechanisms available for stress management but none is as important as having a control in life and having those that matters to you supporting your every decisions. It is equally important to have a good sense of control over our life but at the same time without the support of our love ones those decision-making and achievement that we garnered would come to waste. We are a social being through and through; we need the sense of being accepted by the society but most important we need the sense of being accepted by those that we hold dear. When all these can be achieved, stress can take the back seat of our mind and remain the mechanism that save our life instead of driving it to its perpetual death. 

REFERENCES

American Heart Association (2012, June 7). Stress and blood pressure. American Heart Association. Retrieved from http://www.heart.org/HEARTORG/Conditions/HighBloodPressure/PreventionTreatmentofHighBloodPressure/Stress-and-Blood-Pressure_UCM_301883_Article.jsp

Chee, F. (2010, July 27). Rise in suicide among the young. healthxchange. Retrieved from http://www.healthxchange.com.sg/News/Pages/Rise-in-suicides-among-the-young.aspx

Ferrie, J. E. (Ed.). (2004). Work stress and health: the Whitehall II study. London, UK: Public and Commercial Service Union. Retrieved from http://www.ucl.ac.uk/whitehallII/pdf/Whitehallbooklet_1_.pdf

Hoe, Y. N. (2010, July 26). Increase in suicide rates in S'pore, male suicides double that of female. Channelnewsasia. Retrieved from http://www.channelnewsasia.com/stories/singaporelocalnews/view/1071583/1/.html

Krohne, H. W. (2001). Stress and coping theories. In N. J. Smelser & P. B. Baltes (Eds),
The international encyclopedia of the social and behavioral sciences (Vol. 22, pp. 15163–15170).
Oxford, England: Elsevier.

Samaritans of Singapore (2010, July 26). Increase in suicide rate - young men and youths at risk. samaritans. Retrieved from http://www.samaritans.org.sg/Media%20Guidelines/SOS%20News%20Release%2026%20July%202010%20-%20Increase%20in%20Suicide%20Rate%20in%202009.pdf

Uchino, B. N. (2006). Social support and health: a review of physiological processes potentially underlying links to disease outcomes. Journal of Behavioral Medicine, 29(4), 377-387.

WHO (2010). User empowerment in mental health - a statement by the WHO regional Office for Europe. WHO regional Office for Europe. Retrieved August 18, 2012, from http://www.euro.who.int/__data/assets/pdf_file/0020/113834/E93430.pdf