Although the death penalty is as ancient as civilization, it has proven throughout the years that it serves no purpose under a democratic system. Civilization began as a cruel and unusual system that ascended through barbaric drudgery; however, as our nation is established on basic principles of human rights and human dignity, maintaining the death penalty in the United States appears to be a dissonance to the Constitutional amendment which states that cruel and unusual punishment shall not be required. This nation, the so-called land of the free and the home of the brave, nevertheless, continues a legislation that is pursued by undemocratic authoritarian states, while lagging behind the most developed nations in the judicial progress. An …show more content…
It is the same image of a poor patient needing a surgery, but the doctor has not operated since medical school and his/her assistance are neither qualified nor have the experience to do so. It is most likely that the patient’s chance of survival is slim to none. This subjection to injustice occur “for every 7 executions - 486 since 1976 - 1 other prisoner on death row has been found innocent” (Jones). Under the current state of this institution, “hundreds, perhaps thousands, of indigent defendants will be represented by lawyers inexperienced in criminal law. Even if convicted, those convictions are subject to reversal due to inadequate lawyering” (“Can we afford the death penalty?”). Keep in mind that the States pay for these public defendants and that the taxpayer money are indulged in this unjust institution. The money spent on the death penalty could be used to hire and train more policemen in order to maintain peace among neighborhoods. Despite its excessive cost, the death penalty, based on statistics, does not deter criminals. Some may argue that the death penalty deter criminals since they are likely to choose life over death. Based on Dr. William Schmitz point of view, “the death penalty should be kept and not dragged out of 20 years, and the insanity defense should be thrown out” (“In defense of death…”). While the insanity plea is an easy escape for criminals, the death
Capital punishment is an intolerable denial of civil liberties and is inconsistent with the fundamental values of our democratic system. The death penalty is uncivilized in theory and unfair and inequitable in practice. Through litigation, legislation, and advocacy against this barbaric and brutal institution, we strive to prevent executions and seek the abolition of capital punishment.
The death penalty is the punishment of execution, administered to someone legally convicted of a capital crime (law.cornell.edu, 2015). The first Congress of the United States authorized the federal death penalty on June 25, 1790 (deathpenalty.org, 2011). The death penalty can also be referred to as capital punishment, however capital punishment also includes a sentence to life in prison, as opposed to strictly executions. A convict can be sentenced to death by various methods including lethal injection, electrocution, gas chamber, firing squad, and hanging. After the death penalty was established, many debates have arisen arguing that these methods violate several of the United States’ Amendments. Select cases have been accused of violating the Sixth, Eighth, and Fourteenth Amendments. It is important to note that the judiciary goes through a series of processes prior to deciding a sentence for a capital crime. Many factors influencing the verdict include proportional analysis, individualized sentencing, method of execution, and classes of people not eligible of the death penalty. This paper will discuss brief descriptions of the methods used for executions, economical issues, the Supreme Court’s opinion regarding the death penalty, as well as important factors that make up the proportional analysis, individual sentencing process, method used, and determining classes of people who are not eligible for the death penalty.
Capital Punishment, also known as the Death Penalty, has been a part of the United State’s justice system for the majority of the country’s existence. Today, 31 out of the 50 states still recognize the death penalty as a viable option when dealing with high profile crimes, most notably murder and sexual assault. While many people argue that the death penalty should be made illegal, there is also widespread support in favor of keeping the death penalty, leaving the nation divided on the issue. Both sides of the argument possess valid evidence that supports their claims, but in the end, the arguments in favor of the death penalty are noticeably stronger. The death penalty is an appropriate sentence that should continue to be allowed in the
Keeping a prisoner in jail for life will be very expensive considering that it costs $80,000 a year; and the bad news is that the money comes from the taxpayer's pocket. Thousands of people will attack the death penalty. They will give emotional speeches about the one innocent man who might be executed. However, all of these people are forgetting one crucial element. They are forgetting the thousands of victims who die every year. This may sound awkward, but the death penalty saves lives. It saves lives because it stops those who murder from ever murdering again (Bryant). These opinions represent some of the strongest and most influential views that proponents hold. However, if our prison system could rehabilitate more effectively, perhaps those who murdered once, could change.
Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies – which took
In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately
More than two centuries ago, the death penalty was commonplace in the United States, but today it is becoming increasingly rare. In the article “Should the Death Penalty Be Abolished?”, Diann Rust-Tierney argues that it should be abolished, and Joshua Marquis argues that it should not be abolished. Although the death penalty is prone to error and discrimination, the death penalty should not be abolished because several studies show that the death penalty has a clear deterrent effect, and we need capital punishment for those certain cases in which a killer is beyond redemption.
The Death Penalty, or capital punishment is nothing new in the world. SInce the dawn of civilization people were sentenced to death for sometimes even the most minor of crimes, such a theft. As the world has changed in the last few thousand years, so have attitudes toward the Death Penalty,yet it is still a punishment that is carried out throughout the world today. In the United States, as of July of 2015, 31 states in the Union actively carry out the death penalty. Only 19 states have abolished the death penalty and replaced it with life in prison without the possibility of parole as the maximum sentence. However, with the declining popularity of the death penalty in the United States and throughout the world, the question that needs to be
The use of capital punishment in the U.S. is a growing concern for most American citizens. According to statistics, seventy percent of Americans are in support of the death penalty, while only thirty percent are against it. These statistics show that few people are against capital punishment (“Fact” 1). With the use of the death penalty growing the controversy is becoming more heated. With only twelve states left not enforcing it the resistance is becoming futile (“Fact” 4). Many debates have been made and even clauses have been invoked, such as, the “Cruel and Unusual Clause” that was invoked by the Supreme Court in 1962 (Meltsner 179). The use of death as a punishment has been viewed as “cruel
In the essay, “A cruel and unusual kingdom”, by Leonard Pitts Jr. columnist for the Miami Herald, effectively argues that the use of the death penalty in the United States is inhumane, irrational and goes against American values. Though Pitts overall maintains a strong argument, writing style, and voice, he purely targets a supportive audience as he doesn’t include clear common ground nor a refutation of the other bias.
“The use of the death penalty in the United States has been rapidly declining since the end of the 1990s” (Dieter, 2015). This is contrast to the believes of the Founding Fathers where “the death penalty was widely accepted at the time the U.S. Constitution and the Bill of Rights were ratified” (Gardner & Anderson, 2014). While the crimes have not changed, aspects of capital punishment which were once viewed as constitutional, today are deemed cruel and unusual. The prevailing liberal view sees the death penalty as morally unjustified and a vengeful form retribution. “It is the most brutal form of state power, requires massive state administrations and it costs significantly more than life imprisonment which is both more humane and equally effective” (Davidson, 2015). They point to the lack of deterrence it provides and highlight the racial and gender biases of the criminal justice system and the potential for the execution of the innocent by the State. In contrast, those in favor of capital punishment see it as a valid, moral and constitutional punishment as punishments should be imposed in proportion to the crime. The death penalty is reserved for the most violent of crimes in society and without it, justice is not achieved for victims and their families. The death penalty must be viewed again as a valid, moral and legal
Capital Punishment has historically divided the United States and its meaning has changed depending on the time period. Capital Punishment, the “punishment by death for a crime,” has existed in societies throughout history. In the United States, the constitutionality of Capital Punishment is a debated topic; but the morality behind the death penalty is an often passionate and intense argument. At the birth of the United States and creation of the Constitution, the Fifth and Fourteenth Amendments have been interpreted to permit the death penalty. While the Fifth Amendment states, “no person shall be deprived of life, liberty, or property without due process of law;” the Fourteenth Amendment restricts “cruel and unusual punishment.” Bruce Nelson,
The United States is a country whose ideals is founded on protecting the rights of its citizens, making sure each action they take will benefit its people without compromising the liberties America had fought to earn. However, once those liberties are compromised, this may lead to protests and violence which in turn may cause large rates of incarceration and possibly death. The issue of capital punishment has existed since the 18th century BC, and it is an issue that will continue until justice and individual liberties find a common ground that they share. With a growing debate over universally banning capital punishment in the states, as shown by 61% of voters in a 2010 poll, or forcing all states to conform to using the death penalty, the
In Stephen Bright’s article, “The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting” Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claim with logos and ethos by examining the opinions of judges and district attorneys, and by describing experience within the fields of human rights and law himself in order to persuade the reader to take up more cases for those on death row. Given the language used in this article Bright is writing to an audience with intermediate to professional experience within the field of law, and a willingness to adopt a new idea on the constitutionality behind the death penalty.
In 1879, the United States Supreme Court ruled, by a vote of 9-0, that execution by firing squad was not cruel and unusual punishment under the Eighth Amendment of the Constitution. This began a long debate on whether or not a government reserves the right to punish those who have taken a life by taking their lives. There are many reasons as to why someone would be against capital punishment: it is not our right as humans to play God, it is against the constitution, the threat of capital punishment is not a valid deterrent, it is morally corrupt to take a life. All of these points are valid, and they represent the mindset of millions of Americans; however, capital punishment is a valuable asset to be reserved for only “the most heinous murders and the most brutal and conscienceless murderers” (Alice).