Capital punishment is a highly controversial topic within the legal system and the general public. The death penalty is controversial because many people believe that there is no justification for putting a person to death, even if that person is a convicted murderer. Many also believe that it violates the eighth amendment of the Constitution which says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Although the overall percentage of people in favor of the death penalty has significantly decreased since the 1990s when it was eighty percent, the majority of the population is still in favor of keeping the death penalty in the American judicial system with sixty one percent. …show more content…
With these factors further calling into question the constitutionality of the death penalty, federal and state courts further analyzed the aspects of the eighth amendment into two general parts, “the method and the amount”. In the Atkins v. Virginia court case of 2002, the U.S. Supreme Court decided that punishments are cruel and unusual if they violate “evolving standards of decency” and so to consider the death penalty unconstitutional, there would have to be a black and white definition of what the standard of decency is in modern day society. Since the standard of decency of our society is still under question and not clearly defined, capital punishment is constitutional as it is a punishment that is “commensurate with the offense committed by the defendant” and not “disproportionately harsh” as deemed by the Appellate courts of the Supreme Court. The death penalty has been misconstrued by opponents as being anti-life, morally wrong, unjust, and unconstitutional; however, capital punishment is issued to protect life and is completely constitutional when the accused is fairly tried, lawfully convicted, and treated respectfully under the laws of the criminal justice system of the United States.
The debate regarding whether or not capital punishment is justifiable dates back to Biblical times and there are references of capital punishment within Biblical texts. When the debate about capital punishment started to arise in the in the
Capital punishment has been a controversial issue that still exists in America today. Capital punishment is a law passed by the government to punish any individual that has been convicted of committed a heinous crime. The death penalty has been a method used throughout history as punishment for criminals. The punishment also known as the death penalty is a scheduled execution, which would be done with lethal injection. The reason why this punishment is chosen is because when crimes are committed that shock the conscience, the immediate emotional reaction is to retaliate with severe punishment (Schnurbush 2016). The death penalty is debated when it is brought up, opinions vary from one group of people to another, one side says the execution is murder, and the other saying that it is justice being done. Each side presents valid arguments to why people should be for it or against it; people’s opinions are formed by personal beliefs.
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
Why is the death penalty used as a means of punishment for crime? Is this just a way to solve the nations growing problem of overcrowded prisons, or is justice really being served? Why do some view the taking of a life morally correct? These questions are discussed and debated upon in every state and national legislature throughout the country. Advantages and disadvantages for the death penalty exist, and many members of the United States, and individual State governments, have differing opinions. Yet it seems that the stronger arguments, and evidence such as cost effectiveness, should lead the common citizen to the opposition of Capital Punishment.
The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.
Death penalty is one of the most controversial topic brought up in American politics. Within America, there are 31 states that carry out the death penalty and only 19 states that have abolished the practice. Many people are concerned whether or not the death penalty is beneficial to decreasing the amount of crime rates. Recently, the Supreme Court had a meeting to discuss the death penalty and if it went against the eight amendment. The eighth amendment states that it has banned cruel and unusual punishments but the death penalty is going against the idea. Compared to the late 1990s the number of executions in America has decreased. In 2015, there were only 28 executions with 48 new death sentences. 2015 was the year that had the lowest number
Prison holds Millions of Americans everyday. Whether it be for theft, murder, or drugs, the morals of these people imprisoned have been corrupted and they have chosen to break the law. American citizens have always been faced with these questions: Is the death penalty morally right to execute? Is death penalty breaking the eighth Amendment? Depending on the person, they may agree with these questions or disagree. Even though times in America have changed tremendously, The death penalty should still be used as form of punishment and the crimes for life sentences should be reduced.
The death penalty is a controversial issue because it involves a dispute between sides which hold opposing views. Those who support the death penalty believe that it deters criminals and makes them think twice. Some supporters claim that it is morally right and gives victims justice. Furthermore, supporters of the death penalty think that it is the only way to fully protect society.According to “Solid Majority Continue to Support Death Penalty” ”About six in ten americans favor the use of death penalty for a person convicted of murder”(Solid 2016). On the other hand those who oppose death penalty think that the cost outweighs the benefits. They also argue that the death penalty can be faulty at times. Opponents argue that the death penalty
The curiosity of whether capital punishment is Biblical depends on the interpretation of such scriptures. It is an area of religious concern that is not addressed directly.
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,
Violent crimes such a murder, rape, sexual assault, and robbery are perpetrated by criminals once every few minutes in this country. Lawmakers spend countless hours enacting laws to prevent these crimes. The introduction of the death penalty is an effort to deter criminals from committing heinous crimes. What exactly does the death penalty accomplish? The best description of the term death penalty is the legal execution of criminals as punishment for committing a violent crime. Opponents of the death penalty want to outlaw its use and consider the action a form of judicial murder. Advocates continue to support the use of capital punishment as a way to deter
The death penalty is a controversial topic in the United States today and has been for a number of years. The death penalty is currently legal in 38 states and two federal jurisdictions (Winters 97). The death penalty statutes were overturned and then reinstated in the United States during the 1970's due to questions concerning its fairness (Flanders 50). The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's (Winters103-107). There are a number of arguments in favor of the death penalty. Many death penalty proponents feel that the death penalty reduces crime because it deters people from committing murder if they know that they will receive the death penalty if they are caught. Others
Capital punishment, or the death penalty, is a form of punishment that has been used as far back as the Colonial Era in America. Although it has been around for the entirety of American history, most of the scrutiny and controversy involving capital punishment arose in the 1972 Supreme Court Case of Furman v. Georgia, in which it was abolished, but quickly returned in 1977. It is evident that many citizens have ambivalent stances on capital punishment; some believing it is necessary form of punishment while others believe that the death penalty is a violation of the Eighth Amendment. Although capital punishment has been used throughout history and is seen by many as a form of justified punishment, there are many reasons in favor of ending the death penalty completely. Capital punishment is an unnecessary evil that should be found unconstitutional because of it is not practical, it is corrupt, and it is unable to deter further homicides from being committed.
America’s criminal justice system is based on equality, integrity, and fairness. All criminals are treated the same, given the same rights, and punished fairly based on their crimes. However, despite that, there are many controversial topics regarding the criminal justice system, such as the death penalty. Capital punishment has been used many times in history all around the world, and it was quite popular. Many people argue that capital punishment is useful in deterring crime and that it is only fair that criminals receive death as punishment for a heinous crime. On the contrary, others see the death penalty as a violation of the 8th amendment. It restricts excessive fines, and it also does not allow cruel and unusual punishment to be inflicted upon criminals. Although there have been many court cases discussing capital punishment, there is still much confusion regarding whether it violates the 8th amendment or not. Capital punishment is a very significant, and very controversial topic that has been around for a long time; the death penalty is still being argued today, with persuasive arguments on both sides.
The death penalty’s main argument is morality. Is it wrong or is it right to sentence someone to death for a crime. The idea of capital punishment stems back from the world’s earliest known societies (Garland, 2011). In the United States today the death penalty is used as form of punishment in 32 states. America is a country of opinion, Americans have their own outlook on everything and the death penalty is no different. Many Americans feel capital punishment is wrong and unethical; while other Americans feel it is ethical and needed.
An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese case, and the Kennedy v. Louisiana case. The first case reveals the strong debate that the execution by lethal injection is inhuman and in violation of the eight amendment. The second case inflamed the