Monday, October 29, 2012

On Death Penalty, South Dakota & Minnesota, by Michael Wermers


Today a man was put to death for the murder of a prison guard.  This is only the third execution in South Dakota in the last 65 years; one 65 years ago, one five years ago, and today.  South Dakota is one of many states in America that holds a penalty of death for certain crimes.  In the United States most crime punishments are set at a federal level.  The federal level of punishment is the base punishment level for the states.  The individual states can then decide to make the punishment more severe. The states cannot make the punishment less severe than the federal government level.  This has both positive and negative implications for those committing the crimes.  The punishment of death is a perfect example.  For example, Minnesota does not have the death penalty for any crimes.  If the murder of the prison guard occurred in Minnesota the murder could not be sentenced to death.  Another example would be the legalize use of marijuana, even for only medically necessary, in California.  In this case California’s law is less stringent than the federal governments.  So, while California will not prosecute the users the federal government could still go in and shut down the growers, and prosecute both the growers and users.
Coming back to states setting penalties more severe than the federal government, the fact that states can set penalty levels different from each other may cause great concern for the law-abiding citizen of many states.  I may be hard to fathom murders would be more active in states without the death penalty, and I would concede there is not a lot of credibility in that argument.  Even if that is the case it may be very likely that drug dealers and traffickers will be more active in state with less severe penalty.  In accepting this argument it is also important to understand that the act still needs to result in a crime.  Sticking with drug crimes, if drug use is legalized in a state, the price will go down, and the drug dealers will move on.  Where drugs are still illegal the price will stay high, and it will be more advantages for the drug dealers to pursue their trade in states with lower penalties.
Even though a state may make the punishment more severe than the federal set punishment, a federal punishment may be added to the state punishment.  For example, if you commit a felony in a state the punishment may be different in Minnesota than it is South Dakota, but the offender will have the federal punishment of no longer being allowed to have a firearm (own, carry, or possession) added to the punishment.
I have received an Associate Degree in Law Enforcement; in so doing I became very familiar with the laws and penalties associated with them in Minnesota.   An area where Minnesota and South Dakota have the same penalty is convicts’ voting rights.  In both of these states, convicts can earn the right to vote back after they have served their term of incarceration, and completed both parole and probation terms.   Differences also exist between the states in what is a crime and what is not, not just the penalty when a crime is committed.  A current example, and a hot button issue, is texting while driving.  It is illegal to text and drive anywhere in Minnesota.  In South Dakota it is illegal to text in drive in Sioux Falls, but not in anywhere else in the state.
What is a crime and what is not?  What is the penalty?  Is it less severe in this state or that?  Should there be more effort to align the crimes and penalties?  France is a country where no matter where you are in the country a crime is a crime and the penalty is the penalty.  There may be an argument to made for this type of uniformity; however, that would not be possible in the United States, because the United States constitution reserves to the states certain unalienable rights.  Among which is the right to establish punishment levels. 

No comments:

Post a Comment