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Tuesday, May 22, 2012

Caillebotte vs Manet: Art Critique and Work Comparison





An Introduction to Impressionism 

The Luncheon by Claude Monet, 1873. 
Oil on canvas. 
Musée d'Orsay, Paris, France

The style of painting known as Impressionism which started in Paris France in the later part of the 1860s, began to flourish in the earlier part of the 1870s and lasted through the 1880s. At first, it did not prove to stand out or to possess anything that would make it different from the other painting styles. It was, however, like all the other painting techniques, was eventually accepted and recognized by both critics and art lovers in that period. 

Tuesday, May 15, 2012

Young Prisoners in Adult Cells


The society has been facing a dilemma concerning whether or not to treat juveniles the same way as adults are being treated in connection with committing criminal offenses. Experts say that there are two ways to deal with such predicament: One is the reclassification of the offense committed by a juvenile as something

Sunday, May 13, 2012

Tainted Justice



Justice is symbolized by Themis
the divine law Titan goddess, 
which, according to the Greek mythology, 
was the one who first introduced the ancient
laws of justice and morality to mankind.

Criminal justice has three goals: (1) doing justice, which is the groundwork of the institutions, procedures and rules comprising the criminal justice system of the United States. Experts on lawmaking emphasize the essentiality of fairness among those who have been convicted for their crimes and those people who have been victims thereof.

Saturday, April 28, 2012

A Glimpse on Primo Levi's Book: Survival in Auschwitz



The term Holocaust refers to a completely burned offering of sacrifice. History records approximately eleven million men, women and children served as sacrificial offerings by the National Socialist German Workers Party (NSDAP) or Nazi Party headed by Adolf Hitler during the Second World War. 

Sunday, April 15, 2012

An Assessment of Albrecht Dürer’s Masterpiece - Adam and Eve: The Fall of Man

The Fall of Man (Adam & Eve) 
by Albrecht Dürer


 The Fall of Man was a creation of Albrecht Dürer, a well-known German mathematician, printmaker, painter, theorist and engraver who was a native of Nuremburg, Germany.



The engraving of Adam and Eve was motivated by Dürer’s great appreciation of the human body. His enthusiasm of the human form was said to have been inspired by the Italian theory which explained that a system of proportion and measurements were the basis of the perfect human form.

Sunday, April 1, 2012

Three New Sites Worth Visiting


In the ancient days, when man was just starting to experiment on ways to get in touch with other people from the other side of the world, it seemed an impossible task to accomplish. But through technological evolution, he was able to discover ways, starting from prehistoric cave paintings, the evolution continued, reaching what we are now enjoying.
At present, various forms of communication can be used to get in touch with people from different parts of the globe. Social networking sites, chat rooms and internet radios have been among the more popular and effective means to entertain and at the same time communicate with friends, families and loved ones.
In line with these trends, three new sites offer more than one kind of service to everyone who will be interested to drop by or visit:
AFIRtayo.com (A Filipino International Radio) has been created with the purpose of “bridging all the international Filipino communities in order for them to have one voice.” (AFIRtayo.com creator, 2011).

Jacquou le Croquant and the Bastille Siege


For those of you who are fond of reading world history, you are undoubtedly familiar with the siege of the Bastille before the actual start of the French Revolution….Now, who is Jacquou???

Always The Wrong Color





It has always been a common knowledge that African-Americans are recipients of racial discrimination. While the white race was considered to be the superior race, the Blacks or Negroes were considered to be the inferior ones.

The African-Americans wanted to have equal treatment by everyone in every aspect. They believed that they were also capable of doing the things that any white man could do and they deserved to be treated fairly.


A Tribute to an Artist: Immortal Name, Immortal Work





Michaelangelo was born Michaelangelo di Lodovico Buonarroti Simoni on March 6, 1475 to a well-respected Florentine family in the village of Caprese, situated in the valley of Arno in Florence, Tuscany, Italy. His parents were Lodovico di Leonardo di Buonarroti di Simoni, a poor yet nobleman from Florence, and Francesca di Neri Miniato di Siena, who died six years after Michaelangelo was born due to prolonged illness. He(Michaelangelo) was the second of the five children in the Buonarroti family; all were boys and only one was married. Because Michaelangelo did not have an interest in school, he used to run away to watch artists work or he would spend time drawing.

France After World War II




The Second World War created a massive damage worldwide. It took millions of lives, destroyed properties, and left many people homeless. Nations from around the world tried to move on after this devastating event, but despite their efforts, their recovery was hampered by many factors.

Tuesday, March 27, 2012

A Tale of Two Races


The Great Wall of China
Mt. Fuji 
Historically, it was said that the Chinese played an important role in molding of Japanese civilization as many traditions of the former were adopted by the latter throughout the centuries. In addition, and literally speaking, the Chinese Book of Songs, said to be the beginning of Chinese epic can be compared with Japan’s Man’yoshu. Both tell of the ways of living and the feelings of the ancient civilizations of both countries. In a way, the history of Chinese rulers has an evident semblance with that of the Japanese since both countries were ruled by nobility or rulers of similar status, who were believed to have been descendants of mythical or legendary empires.

Monday, March 26, 2012

A Glimpse to One of the World's Natural Wonders




The Great Barrier Reef, located in the Australian continental shelf, is the largest coral reef group in the world.


Single reefs up to nearly 3,000 in number – scatter from Gladstone, Queensland to the Gulf of Papua in Papua New Guinea – make up this natural wonder.


Mutualism

Mutualism can be defined as the interaction between two living organisms or species wherein they both benefit from each other. There are many instances where the species involved in mutualism live closely with each other; such condition is known as symbiosis. There are different types of mutualism and these include the following: 
Obligate mutualism, the type of mutualism between two different species wherein both are interdependent with one another and one cannot survive without the presence of the other. 

An example of this type of mutualism is the interaction between an alga forming lichen and a fungus, wherein the fungus is the one providing the alga with minerals and water while the alga produces food for itself as well as for the fungus through the process of photosynthesis.

In some instances wherein both the alga and the fungus are cultured separately under laboratory conditions, both organisms cannot survive without their symbiotic partner. 
Diffuse mutualism is the type of mutualism wherein the living organism is capable of interacting with more than one partner. This is true in the case of various animal species which pollinate multiple plant species. Examples of this are the following: 

· The honeybee which is known to pollinate various flowers both wild and cultivated species;

· The floral visitors received by the white mangrove, approximately 65 various species of insects.

Diffuse mutualism of various plant and animal species which interact among themselves are common in plant and animal communities; it also results in networks of pollination which comprise these various interacting species. 
Facultative mutualism is the type of mutualism in which the species are not interdependent with each other that one cannot survive without the other. An example of this type of mutualism is the interaction between birds and plants: 

· As the birds feed on plants, the seeds of the fruits are being carried by the birds to places that are distant from the plant; however, the interaction does not limit both organisms in such a way that one species will not survive without the presence or the aid of the other. 
Trophic mutualism is the type wherein both living interacting organisms receive benefits from each other. This type of ecological mutualism involves the transfer of nutrients and energies between the two interacting species. Examples of this type of mutualism are the following: 
Rhizobium bacteria and legumes; 
Corals and zooxanthellae 
Defensive mutualism is the type in which there is an exchange of benefits between the two interacting organisms, specifically, one species will provide food and shelter for the other species in exchange for protection from parasites or predators. Examples of this type include: 
The relationship between the Pseudomyrmex ants and acacia shrubs; 
The wood ants and the aphids 
Dispersive mutualism is the interaction between two living organisms which involves the transfer of pollens or seeds in exchange for food. The animals involved in pollinations are species of insects, birds and some mammals. 

The process of pollination takes place once the animals get attracted to the flowering plants and feed on the high energy nectars which these flowers secrete. 

The animals then become covered with pollens as they gather the nectar; the pollens are then transferred from the flower to another place as the carrier moves from one location to another.

The seed dispersers, on the other hand, feed on fruits and in the process, carry the enclosed seeds which they eliminate through defecation. 

According to Caroline Christian, of the Center for Population Biology:

Seed-dispersal mutualisms have a fundamental role in regenerating natural communities. Interest in the importance of seed dispersal to plant communities has been heightened by worldwide declines in animal dispersers. One view, the 'keystone mutualist hypothesis', predicts that these human-caused losses will trigger a cascade of linked extinctions throughout the community. Implicitly, this view holds that mutualisms, such as seed dispersal, are crucial ecological interactions that maintain the structure and diversity of natural communities. Although many studies suggest the importance of mutualism, empirical evidence for community-level impacts of mutualists has remained anecdotal, and the central role of mutualism, relative to other species interactions, has long been debated in the theoretical literature. Here I report the community-level consequences of a biological invasion that disrupts important seed-dispersal mutualisms. I show that invasion of South African shrublands by the Argentine ant (Linepithema humile) leads to a shift in composition of the plant community, owing to a disproportionate reduction in the densities of large-seeded plants. This study suggests that the preservation of mutualistic interactions may be essential for maintaining natural communities. (Christian, 2001).

The following are examples of mutualism among wild animals: 
The interaction between the clown fish and the sea anemone; each species provides and protects each other. The clownfish eats the leftover meals of the sea anemone as well as cleans up the area around the host. 

It also allows the water to keep flowing in and out of the host’s body by swimming around it. In return, the host provides shelter for the fish and keeps it away from harm through its poisonous sting. 

The interaction between the polyp and the hermit crab. Hermit crabs move from one discarded shell to another depending on their growth and needs. The polyps on the other hand feed on their host’s leftovers and benefit through being transported from one place to another. 

There are rare cases wherein the polyp replaces the shell which the crab uses for shelter, and as the crab grows, the polyp grows along with it, providing shelter and camouflage to its host. 
The mutualism between the badger and the coyote. Both badger and coyote are fond of preying on underground rodents. The digging abilities of the badger prove to be of great benefit to the two species in capturing their prey and biologists believe that the relationship between the two predators prove to be more effective and efficient than when either of them are to hunt alone. 

The mutual relationship between the ostrich and the zebra. Ostriches happen to have keen eyesight, yet their senses of hearing and of smelling are rather poor. On the contrary, zebras’ eyesight is awfully poor, yet they have a keen sense of hearing. Both animals graze on the same spot, allowing both mutual beneficial protections in times of danger. 

The interaction between the remora and the shark. Remoras lack swimming bladder, which prevent them from traveling long distances; in order to move from one place to another, they attach themselves to sharks or other big sea creatures, such as whales and sea turtles through the suction cup found on top of their heads. 

The act, however, does not pose any harm to the host; moreover, scientists also believe that the remora actually feeds on parasites found on shark’s scales and gills, which provides benefit to the host.

Although man may regard the animal kingdom as the inferior and primitive species among God’s creation, it cannot be denied that the members of the animal kingdom possess qualities that are remarkable and sometimes unbelievable.

Humans may appear to be the more intelligent and the more superior beings that we were chosen by God to rule over all the other creations but we should also bear in mind that the lower and less superior creatures have something to teach us. 

Animals can impart important lessons and values which we can apply in our daily lives such as: 
Cooperation 
Tolerance 
Adaptability 
Flexibility 
Discipline 
Loyalty 

It may sound astonishing to hear and maybe hard to accept that a creature as intelligent as man needs to take lessons from a living being as simple as the ant, but incredible as it may sound, this truth cannot be denied.

Our intelligence sometimes blind us, preventing us to see our mistakes and our weaknesses. But whenever this happens, all we have to do is turn to nature and we will surely learn everything that has to do with survival.


Bibliography 


Christian, C. E. (2001). Consequences of a biological invasion reveal the importance of mutualism for plant communities. Letters to Nature. International Weekly Journal of Science. http://www.nature.com/nature/journal/v413/n6856/abs/413635a0.html

Klein, A. M. & Vaissière, B. E. (2007). Importance of pollinators in changing landscapes for world crops. Proceedings of the Royal Society B. Biological Sciences 274, 303-313 

Landry, C. (2010) Mighty mutualisms: The nature of plant-pollinator interactions. Nature Education Knowledge 1(8):48

Landry, C. L., Rathcke, B. J. et al. Flower visitors to white mangrove: a comparison between three Bahamian islands and Florida. In The Proceedings of the 10th Symposium on the Natural History of the Bahamas. eds. Buckner, S. & McGrath, T. (San Salvador Island: Gerace Research Center, 2005) 84-94.

McGinley, M. (Lead Author);Sylvio G. Codella, Patricia Gowaty (Topic Editor) Mutualism. In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). [First published in the Encyclopedia of Earth August 3, 2010; Last revised Date January 25, 2011; Retrieved May 11, 2011 <http://www.eoearth.org/article/Mutualism?topic=58074>

Sunday, March 25, 2012

The Topkapi Palace



The historical Topkapi Palace is the largest and one of the most famous tourist attractions in Istanbul, Turkey. This remarkable site was constructed sometime between 14666 and 1478 by Sultan Mehmed II, then ruler of the Ottoman Empire who, according to historians, conquered Constantinople at the age of 21. The Topkapi Palace became the principal and legitimate residence of the ruler and was the venue of various royal entertainments and state occasions during the reign of the Ottoman Sultans who succeeded its founder.

Being a current major tourist attraction and the site of Prophet Muhammed’s possessions such as his cloak and word, as well as all the other holy relics of the Muslim world, I believe it to be a very special place and a site to be proud of; for it tells the world of our history, of how our forefathers fought with their enemies with great courage and dignity, and how our civilization came to existence and began to flourish over the years.

The Location of the Palace

Topkapi Palace was built on a high hill which happened to be the highest point in the peninsula. The exact location of the palace complex is on the Seraglio Point, an area overlooking the Sea of Marmara and the Golden Horn.

The initial construction of the palace was said to have begun sometime in 1459, after Sultan Mehmed II found the perfect location in the old Byzantine acropolis. Topkapi Palace was originally called The New Palace, as a means of distinction from the former residence of the Sultan; but it later acquired the name Topkapi, meaning Gate of Cannons, because of the gigantic cannons displayed outside its gates; these cannons were the ones used during the conquest.

The Palace Layouts

It was Sultan Mehmed II who personally established the palace’s fundamental layouts, which then became the pattern of further extensions and renovations. He had his private quarters as well as the innermost buildings built on the highest area of the peninsula, and had them surrounded by various pavilions and buildings down towards the Bosphorus shores. The palace complex was surrounded by high walls wherein some were as old as the Byzantine acropolis.

According to a Greek politician, scholar and historian named Michael Cristobulus, who was an author of a historical book about the conquest of the Byzantine Empire by the Ottoman, the Sultan [...] took care to summon the very best workmen from everywhere - masons and stonecutters and carpenters [...]. For he was constructing great edifices which were to be worth seeing and should in every respect vie with the greatest and best of the past. For this reason he needed to give them the most careful oversight as to workmen and materials of many kinds and the best quality, and he also was concerned with the very many and great expenses and outlays." (Necipoğlu, 1991).

The Inhabitants of the Palace

Over the years, the residents of the palace grew from the initial member of 700-800 residents, the population increased to approximately 5,000 during ordinary days and doubled to around 10, 000 during the times of the festivals. Majority of the population inhabiting the palace complex were those of the Sultan’s infantry units which consisted of his bodyguards and household troops, otherwise known as the Janissaries or new soldiers.

For the past 400 years, every sultan who had the opportunity to reign at the palace added and extension or had a renovation worked on, in accordance with his preferences and needs. The palace then became somewhat similar to a maze of structures which had on its center a series of courtyards which in turn were protected by gates.

Among the changes made over the years was the transfer of the Harem – an apartment complex where the sultan’s wives, concubines as well as his children lived the place was guarded by black eunuchs and inside it were the rooms for the sultan’s mother, his wives, Turkish baths, the sultan’s apartments, \the black eunuch chief’s apartments and the circumcision room.

The Palace Gates and Courtyards



The first gate known as the Imperial Gate was the one leading to the first courtyard known as the Courtyard of the Regiments. This courtyard was located at the southern part of the palace complex and was the most accessible of all the four courtyards. Being the most accessible, anyone could enter this courtyard but they would have to do it on foot, since only the sultan was entitled to enter the area riding a horse. 
The second gate was called the Gate of Salutation. It had two guard towers. Such name was given to this gate since anyone who would be entering it would have to salute the sultan. It was not, however, for public access, but only for the sultan and the inhabitants of the palace. This gate was leading to the Courtyard of the Divan or the Council Chamber which served as the reception area for foreign visitors and as conference area where both the grand viziers and the viziers discussed daily issues.

Also located in the said courtyard was the treasury of the Divan, where the weapon during those times were being exhibited; above it was the Tower of Justice, which symbolized the sultan’s eternal vigil against prejudice; it was also where the surveillance of the harbor was being done. In the same area, just behind the Divan chamber was the door leading to the Harem.

The third gate was called the Gate of Felicity. This gate served as the entrance to the inner or third courtyard which comprised the palace’s residential and private areas. The gate having a dome supported by lean pillars made of marbles represented the presence of the sultan in the entire palace.

The sultan had the sole authority to permit the entry of anyone who wished to pass this gate and the authorization was being given under specific days and conditions.

Among the structures that were located at t third courtyard were the following:
The Audience Chamber, an Ottoman kiosk also known as the Inner Council Hall, as contrary to the second courtyard’s outer Imperial Hall. This was where the viziers presented their individual reports to the sultan where and the place where their fates would be sealed depending on the sultan’s satisfaction or dissatisfaction toward the news that they brought to him;
· Dormitory of the Expeditionary Force;
· Conqueror’s Pavilion;
· Imperial Treasury and may others

The fourth courtyard, otherwise known as the Imperial Sofa, consisted of several pavilions, gardens and terraces and kiosks and served as the sultan and his family’s private sanctuary.

Topkapi Palace is still in existence today, telling of the past and showing its beauty and grandeur to everyone who wishes to discover the beauty of our heritage. It is something to be proud of, something to tell about to the generations to come.


Bibliography

Cesari, M. (1988) Late-Ottoman architects and master builders. Muqarnas. Vol 5. pp. 87-102. BRILL. http://www.jstor.org/stable/1523112 Accessed May 10, 2011.

Filiz, Ç. & Tanini, Z. (1996). Remarks on some manuscripts from the Topkapi palace treasury in the context of Ottoman-Safavid relations. Muqarnas. Vol 13. pp. 132-148. BRILL. http://www.jstor.org/stable/1523256 Accessed May 10, 2011.

History of Topkapi Palace. http://www.topkapisarayi.com.tr/ Retrieved on May 11, 2011

Kuran, A. (1996). A spatial study of three ottoman capitals: Bursa, Edirne, and Istanbul. Muqarnas. Vol 13. pp. 114-131. BRILL. http://www.jstor.org/stable/1523255 Accessed May 10, 2011.

Necipoğlu, G. (1991). Architecture, ceremonial, and power: The Topkapi Palace in the fifteenth and sixteenth centuries. Cambridge, Massachusetts: The MIT Press. p.8.

Topkapi Palace.
http://www.greatistanbul.com/topkapi_


The Parthenon of Greece






The Parthenon is situated at the Acropolis Hill, overlooking the city of Athens. It was an artistic representation of Greek concepts during the peak of the Classical era. The building’s perfect proportion depicted the Greek patterns through its statues whose forms and qualities as well as its complex architectural elements attributed to gods. According to historians, the building was constructed in honor of Athena Parthenos, the Warrior Maiden and pagan Greek goddess of wisdom. The materials used for the temple’s construction were limestone, for its large and solid foundation, and marble from Mount Pentelicus for its columns.

The Parthenon which was also intended to serve as the main attraction of the building complex of the Acropolis served as the shelter of Athena’s statue – a sculpture molded by Phidias out of ivory and gold. The Parthenon’s façade consisted of eight columns and seventeen columns at the flanks; and according to experts, the ratio of 9:4 may be observed in various connections in the building including the spacing between the columns and their height and the temple’s horizontal and vertical proportions.
The temple which was of Doric order – characterized by the presence of metopes and series of triglyphs - also included a backroom with four Ionic order columns supporting its roof and sheltering Athena’s treasures. The peristyle taper had its columns arced slightly as they reached the temple top, making it appear swollen, and giving the impression that they were encumbered by the weight of the roof.
In a proximate view, one will be able to recognize the metopes’ sculpture in detail. Similarly, the evidence of the frieze would be seen through the spaces separating the columns. The architectural design of the metopes of the Parthenon depicted the strife between the chaos of crime and justice and order. On the other hand, the Parthenon’s Ionic frieze consisting of more than three hundred figures and were found around the upper side of the temple wall, were said to be a representation of the activities done during the Panathenaic festival.
John Julius Norwich, the editor of Great Architectures of the World commented on the Parthenon: “Even in antiquity its architectural refinements were legendary, especially the subtle correspondence between the curvature of the styloblate, the batter, or taper of the Nos walls and the entais of the columns.” (Norwich, 1975). The slightly leaning columns of the temple gave it an appearance which depicted eminent strength. On the east pediments, one could view the event wherein Zeus presented Athena to the gods of Olympus, while on the west was the portrayal of Athena’s struggle with Poseidon over the land of Attica.
The significance of the Parthenon was not only depicted in its architecture but also in statues and sculptures found within it, such as in its Ionic frieze, pediments and metopes. The very fine form of the Parthenon sets it apart from all the other Greek structures since its general effect is a deviation from the immobile Doric structures of the past in the direction of a more potent form of architectural aspect.



Bibliography

The parthenon. Ancient Greece. http://www.ancient-greece.org/architecture/parthenon.htmlNorwich, J.J. ed. Great architecture of the world. New York: Random House, 1975.

American Criminal Justice System: The United States Constitution & Death Penalty



Definition of Death Penalty

Death Penalty as defined by Barron’s Law Dictionary is “the ultimate punishment imposed for murder or other capital offenses.” (Gifis, 2003).

The United Nations Resolution 62/149, that is, Moratorium on the use of the death penalty, dated February 26, 2008 states that: “Considering the death penalty undermines human dignity and convinced that a moratorium on the use of t death penalty contributes to the enhancement and progressive development of human rights, that there is no conclusive evidence of the deterrent value of the death penalty and that any miscarriage or failure of justice in the implementation of the death penalty is irreversible and irreparable…” (The Advocates for Human Rights).

The Eighth Amendment of the United States Constitution asserts that: “Excessive bail shall net be required be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Gerhardt, Rowe, Brown & Spann, 2000).

The Eighth Amendment

Death penalty is one issue which alienates the United States from its allies in various countries of the world. For a patriotic nation such as the U.S., it is ironic to know that this country is among the three nations which are in the lead in terms of human execution; the other two being China and Iran. Statistically, approximately 80% of the execution conducted worldwide in the year 2002 was from these three countries. 

Currently, the European Union has become a regular critic of the practices of death penalty by the US. In several European capitals, the practices are met by angry people who express their disapproval through conducting public demonstration and street protests against what they see as cruelty. One instance wherein the British government shows its displeasure of the America’s practice of capital punishment is their dispute to bar its possible application on the British individuals who are being detained at the Guantanamo Bay. In 2001, the United States los its seat on the United Nations Human Rights Commission, an event which proved to be an embarrassment for most Americans.

In this present time, it is always being pointed out in speeches by Supreme Court justices that the incompetence of defense lawyers through their failure to find and their effortless search for significant evidences which will prove the innocence of the defendants are among, if not the main problems concerning errors in capital sentences.

According to statistics, the period covering 1995 up to 2000, approximately 74% of the criminals whom US attorneys recommended for capital punishment belonged to minority groups. It has therefore become a bothersome question of political commentators and leaders whether or not the capital punishment or death penalty has been serving its purpose.

Execution of People with Mental Retardation

The Advocates for Human Rights quote the American Heritage Dictionary on the definition of mental illness as “any of various conditions characterized by impairment of an individual’s normal cognitive, emotional or behavioral functioning, and caused by social psychological, biochemical, genetic or other factors such as infection or head trauma.” 

Although the 1986 Court ruling states the exemption of mentally ill or insane defendants, it has become a pre-requisite that they undergo competency evaluation upon claiming that they are suffering from mental disorder to determine the legitimacy of their claim. Moreover, due to the court’s strict protocol concerning competency evaluation, it does not exempt an individual from being executed despite the severity of their mental illness unless the definition of competency is gratified in accordance with Ford and Panetti.

The 2002 Supreme Court rule which states that the execution of mentally retarded inmates fall under “cruel and unusual punishment” does not exempt an inmate with mental illness from being executed if the defense attorney is not able to prove his or her unstable mental condition.

In order to prove that the inmate is genuinely insane or suffering from mental disorder or illness, the following requirements must be met: 
  • The individual must prove his or her extensive logical defect; 
  • The mental disease has a strong impact on the person’s daily activities and in his or her life as a whole; 
  • The illness started showing before the individual reached the age of 18. 
In the argument contained in the Brief of Amici Curiae dated June 8, 2001, it is stated that “the United States of America is the only established democracy in the world that is known regularly to execute people with mental retardation…In diplomatic settings, the United States faces daily and growing criticism from the international community for maintaining a cruel and uncivilized practice.” (Pickering & Hongju Koh, 2003).

There are three first-hand observation-based submissions made by amici curiae and they are as follows:
1. The execution of people with mental retardation in inconsistent with evolving global standards of decency.
The current United States practice of executing people with mental retardation has become manifestly inconsistent with evolving international standards of decency.
2. The growing international consensus against t execution of people with mental retardation has increasingly isolated in the United States diplomatically.
…Nations that are otherwise our allies, with strong rule-of-law traditions and histories legal systems and political cultures similar to our own, have most consistently protested our practice of executing people with mental retardation.
3. In evaluating “evolving standards of decency” under the Eighth and Fourteenth Amendments, this Court should weigh international as well as domestic opinion.
The Eighth Amendments bar against cruel and unusual punishments embodies broad “concepts of dignity, civilized standards, humanity and decency.”…
“…Our earliest understandings of the Eighth Amendment reflected the opinions and practices of other civilized nations…
…International condemnation of the United States practice of executing people with mutual retardation has been significant factor in state legislative moves to eliminate the practice.” (2003, p.23).
Death Penalty Moratorium

In 2007, as a result of the granting of the United States Supreme Court of certiriorari in the Baze v. Rees case, the U.S. encountered a genuine suspension of death penalty. In this particular case, it was the main interest of the Supreme Court to ensure that the Eighth Amendment of the United States Constitution has not violated through creation of substantive risk of unnecessary pain to the convict who underwent the procedure in relation to the protocol for lethal injection.

During the first few months of the death penalty moratorium, the following were observed: 
Four black men out of five death row prisoners were released making a total of about129 prisoners of death row who have been absolved in the period of thirty five years. 
The presence of racial discrimination is manifested in the country’s death penalty system as evidenced by the situations wherein the jury that will have to decide for the fate of a black prisoner are all white despite the Supreme Court’s insistence that the said practice is a violation of the Constitution. 


The Sixth Amendment of the U.S. Constitution states that: 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation: to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. (Gerhardt, Rowe, Brown & Spann, 2000).

This is in contrast with the case of Troy Davis, an African-American who was convicted for the 1989 murder of a white policeman. Davis remains in death row due to the Supreme Court’s refusal to grant his request for a new trial by voting 4-3. Despite the absence of concrete evidence that would link the convict to the crime, such as the nonexistence of physical evidence and of the murder weapon, as well as the confession of several witnesses concerning police coercion which led them to testify against Davis and identified him as the killer, the prisoner was not given the chance to prove his innocence. 

The same thing is true in a result of a study conducted in Harris County, Texas wherein minority individuals who have been accused of killing white victims are charged with capital punishment which brings us to the conclusion that the basis for the gravity of punishment of the offenders is not the severity of the crime committed but rather the ethnicity of the accused. 

Death penalty moratorium is caused by several more factors aside from racial disparities wherein the above-mentioned case is an example of. In the state of Connecticut, there was a study conducted in November 2007 which showed the significance and relevance between the race and the death penalty sentence.

Another factor is the lack of funding of certain counsels – like the Georgia Public Defender Standards Council, for instance – to provide the necessary financial support for the defendants; this hinders the offender from having a chance to prove his innocence to the court. Next is the cost involved; surveys and studies show that the prosecution of a capital case is more expensive than a non-capital one. One federal judge in New York commented that pursuing a capital case prosecution is not at all practical.

Another is the worsening conditions of the inmates detained on death row. Due to insufficiency in medical care being provided by the authorities in charge in prisons, some inmates volunteer themselves as subjects for the execution; some even commit suicide, one after another. 

Execution by Lethal Injection 


While death by electrical chair is considered as “cruel and unusual” (Gerhardt et. al 2000) under the United States Constitution, it is being questioned whether or not the procedures and protocol of lethal injection poses a considerable threat of inflicting unnecessary and unbearable pain on the person who will be undergoing the said procedure. Some states, like Kentucky uses a cocktail of three-drug injection.

Lethal injection is a process being applied to convicts who have been sentenced to capital punishment. The drugs being used in this procedure are intended for the immediate death of the person. There are three fatal drugs which are injected to the subject during the procedure, namely, barbiturate, paralytic and potassium solution. The method consists of the following steps: 
  • The convict is strapped to a gurney; 
  • One of the execution team places a number of heart monitors on the subject’s skin; 
  • Two needles, one of which serves as a back-up, are inserted on the arms of the subject; 
  • There are long tubes which connect through a cement block to the intravenous drips where the first drug, usually a harmless saline is given immediately; 
  • The inmate will then be exposed to the witnesses in the adjoining room the moment the jail warden motions the personnel in charge to lift the curtain; 
  • The next drug that is injected is an anesthetic called sodium thiopental which causes the subject to drift off to sleep; 
  • The paralytic drug called pancuronium bromide or pavulon stops the subject’s breathing and paralyze his or her entire muscular system; 
  • The final drug injected the potassium chloride in then injected to stop the subject’s heartbeat. 
The inmate’s death then occurs as a result of: 
(1) anesthetic overdose; 
(2) respiratory arrest; 
(3) cardiac arrest during his unconscious state. 

The following is a detailed discussion of the functions and effects of the fatal drugs being used in the lethal injection procedure; the purpose of which is to cite arguments concerning whether or not the said procedure really poses a grave threat of causing unnecessary unbearable pain to the subject. 


Thiopental Sodium is a drug that is frequently used by majority of the physicians to cause medical comas and as an anesthetic during their performance of necessary medical procedures. The drug is an especially short acting barbiturate. It begins to start working within a period of 30-45 seconds upon injection. For lethal injection, its purpose is to make the subject unconscious in preparation for the other drugs to be injected. It takes approximately 5-20 minutes; the drug which immediately head towards the brain spreads throughout the different parts of the body; the person returns to consciousness once the dose of the said drug decreases to approximately 15% in the brain

Pavulon or Pancuronium Bromide is the next drug to be injected after Thiopental Sodium. The purpose of this drug is to paralyze the subject’s body by preventing the chemical compound known as acetylcholine – which acts as a neurotransmitter in the nervous system – from connecting to the receptors responsible for the muscle contraction stimulation. Its failure to function takes effect 15 – 30 seconds after the drug is injected.

Potassium Chloride is the final drug injected to the subject. Although potassium is naturally found in foods, its excessive dose as in the case of lethal injection can cause hyperkalemia – a mental condition wherein the level of electrolyte potassium concentration increases above normal – which disables the muscle contraction, thus causing the heart to stop beating which eventually leads to cardiac arrest.

Cruel and Unusual Punishment

The use of lethal injection as a method of execution is being justified by the justice system to be the most humane form of capital punishment as compared to other methods such as electrocution, beheading, hanging and firing squad. However, the procedure still shows several flaws and disadvantages.

According to Teresa Zimmers, a physician based at the University of Miami, Florida, the set of rules concerning the drug combination used by executioners may not be reliable. According to her, “Even if all the drugs are delivered intravenously in the quantities specified, they still may not produce death reliability.” (Reilly, 2007)

An even worse scenario is that as evidenced by execution logs, the heartbeat of some if not all inmates who underwent execution by lethal injection continues for approximately 2-9 minutes after the administration of the second drug – the Potassium Chloride. Although it should cause immediate cardiac arrest upon reaching the heart, according to some researchers who conducted studies, there is a possibility that combining it with other drugs may tend to reduce its effectiveness.

Even the last drug that is injected to stop breathing and paralyze the muscles – the Pancuronium Bromide – may not work compatibly with the other two drugs in the cocktail. Though it reliably induces death, it is not certain that the inmate would not die due to oxygen loss in the brain instead of the supposed effect of the cocktail drugs.

Inasmuch as participation in the execution opposes doctors’ responsibility to save human lives, they neither participate nor provide medical suggestions concerning the drugs being administered during the execution process. 

Consequently, the entire procedure is done by non-medical staff who frequently experience troubles as they proceed with the process. Some of the common dilemmas that are being encountered by medically unskilled and inexperienced technicians include the following: 
  • Finding the veins of the person subject for execution; 
  • Wrong insertion of the needles; sending the lethal drugs into the wrong part of the body would result to unbearable pain on the part of the inmate, thus causing “cruel and unusual punishment” which is a violation of the United States Constitution’s Eighth Amendment; 
  • Incorrect drug dosages; 
  • Incorrect time intervals; the inmate’s paralysis will prevent him or her from confessing to anyone that he or she is suffering from an excruciating pain. 
The United Nations Human Rights Committee discusses the following concerns as contained in Paragraph 29, Articles 6 and 14 dated July 28, 2006:
The Committee regrets that the State party does not indicate that it has taken any steps to review federal and state legislation with a view to assessing whether offences carrying the death penalty are restricted to the most serious crimes, and that, despite the Committee’s previous concluding observations, the State party has extended the number of offences for which the death penalty is applicable. 
While taking note of some efforts towards the improvement of the quality of legal representation provided to indigent defendants facing capital punishment, the Committee remains concerned by studies according to which the death penalty may be imposed disproportionately on ethnic minorities as well as on low-income groups, a problem which does not seem to be fully acknowledged by the State party. (Dakwar & Hill, 2008)

Banning Death Penalty

There are a number of reasons why death penalty should be banned as a form of punishment: 
  • Death penalty’s financial cost is greater than that of life imprisonment; 
  • It falls under “cruel and unusual punishment” and therefore proves to be a violation of the US constitution; 
  • The image of the country will be projected more positively if the said practice will be abolished; 
  • There is a strong possibility that many innocent prisoners, both male and female who were wrongfully accused and convicted may be executed; 
  • The execution of individuals who are not in their right state of mind; 
  • The procedure’s inability to bring back the life of the victims. 
For the victims’ families, it is painful to learn that their loved ones lost their lives because some people did them harm, but we should keep in mind that we are not in the position to take the offenders’ lives in return; these people might have done a crime due to different reasons but spending the rest of their lives in prison is a punishment worse than death. If we continue to practice human executions, we will be no different from the criminals who will be executing.


Bibliography

Advocates For Human Rights. Human rights and the death penalty in the United States. http://www.theadvocatesforhumanrights.org/ Retrieved 14 April 2011

Amnesty International, United States of America: Death by discrimination – the 9. continuing role of race in capital case, Apr. 23, 2003, http://www.amnesty.org/en/library/asset/AMR51/046/2003/en/bd8584ef-d712-11dd-b0cc-1f0860013475/amr510462003en.pdf. 

Amnesty International, Death Penalty and Race, 7. http://www.amnestyusa.org/death-penalty/death-penalty-facts/death-penalty-and-race/page.do?id=1101091. Retrieved 14 April 2011. 

Dakwar, T.R., & H. Hill, C. (2003). Capital punishment in the United States. In American civil liberties union. (pp 2-7). www.aclu.org/pdfs/capital/cap_pun_in_the_us.pdf. Retrieved 14 April 2011

Deterrence: states without the death penalty have had consistently lower murder 35. Rates, death penalty information center. http://deathpenaltyinfo.org/deterrence-states-without-the-death-penalty-have-had-consistently-lower-murder-rates. Retrieved 14 April 2011. 

Dieter, R. C. The death penalty and human rights: U.S. death penalty and international law. In Oxford Round Table U.S. Death Penalty and International Law. (pp. 1-34). www.deathpenaltyinfo.org/Oxfordpaper.pdf

Donohue, J.J. (2006) The Death Penalty: No Evidence for Deterrence, Economists’ Voice 33. Retrieved 14 April 2011. 

Gerhardt, M.J., Rowe, T.D., JR., Brown, R.L. & Spann, G.A. (2000). Constitution of the United States. In Constitutional theory: Argument as perspectives. (2nd ed. App-11). 

Gifis, S.H. (Ed)(2003). Death penalty. In Barron’s law dictionary. (5th ed.). Hauppauge, New York: Barron’s Educational Series, Inc 


Pickering, J. & Hongju Koh, (2008). American diplomacy and the death penalty. In Focus on diplomacy and the death penalty. Foreign Service Journal. October 2003 issue. (pp 19-25) uspolicy.be/issues/deathpenalty/deathpenalty.asp 

Reilly, M. (2007). Lethal injection drugs 'unreliable' http://www.newscientist.com/article/dn11695-lethal-injection-drugs-unreliable.html. Retrieved on 14 April 2011. 


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