Capital Punishment And The Criminal Justice System

Resolution—Execution should not be allowed in the United States, especially given the risk of executing innocent people.

The death penalty is one of the most controversial forms of punishment in the United States criminal justice system. For many, the death penalty seems like a way to gain retribution, and to help make this country a better place, however there are many reasons why the death penalty is also not a good thing. My main points that I’m going to talk about for my paper is why I don’t believe in the death penalty. Throughout the paper the reader will be able to understand exactly what the death penalty is, the pros and cons of the death penalty, and eventually be able to depict for themselves whether the death penalty is “good” or not.

An examination of death penalty sentencing procedures within the American criminal justice system suggests that the legal and moral authority to execute condemned criminals granted to a government has been tested time and time again, only to be reaffirmed by the Supreme Court. While the 1960's saw a series of failed attempts to ban the practice, launched by death penalty abolitionist groups firm in their belief that murder can never be justified, it was not until 1972 that a majority of Supreme Court justices ruled to prohibit state-mandated executions. According to the Death Penalty Information Center, a national non-profit organization dedicated to providing a forum for informed discussion regarding capital punishment, "the issue of arbitrariness of the death penalty was brought before the Supreme Court in 1972 in Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas (known collectively as the landmark case Furman v. Georgia (408 U.S. 238))" (DPIC, 2013). While the court previously ruled in Crampton v. Ohio and McGautha v. California that the application of capital punishment did not result in arbitrary and capricious sentencing, the 1972 Furman case challenged the Eight Amendment, whereas the McGautha case cited the Fourteenth Amendment's due process provision.

Al lot of people will either be for capital punishment or against i.e. choose to write about being for capital punishment because I think it’s far when they keep killing over and over they need to know they can’t get away with it

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.

The death penalty or also known as capital punishment, is the most extreme punishment that the government can enforce on you. The death penalty is a punishment of execution, which has been used in 34 states and used by the federal government for punishing federal crimes. Any criminal who dreadfully violates the law hopes he does not run the chance of being executed. Most of the time people die from the death penalty by lethal injections but some have been killed from electrocution, the gas chamber, being hung and killed by the firing squad. On average 36 people are killed by the death penalty per year and a total of 1394 since 1976 to this day. The death penalty should be implemented into all states justice systems. The death penalty gives

In 2012, there was a total of 2,228,424 incarcerated inmates residing in state and federal prisons. 3,108 of them were on death row, not including the 39 the were executed that year (prisonstudies.org).Putting those who have committed abhorrent crimes to death has been happening since the beginning of civilization, but it is time we put an end to this useless waste of time, money, and space in prisons.

The death penalty has been in the justice system of America tracing all the way back to the days of its founding fathers. Though it is a highly controversial legal and moral matter, it still stands today as the most ultimate punishment in the United States. Many countries have been or are currently abolishing their death penalty under the notion that it is unjust and morally wrong. The United States, on the other hand, has 38 out of its 50 states with laws that state the death penalty as its ultimate punishment. Since 1990, more than 350 people have been put to death with another 3,300 waiting in death row. Another statistic that is an eye opener is since 1976, 552 executions have occurred in the United States, with 394 by lethal injection, 141 by electrocution, 11 by gas chamber, three by hanging, and two by firing squads. Half of the executions that have taken place after 1976 have happened within the last five years, 52 happening so far this year (Death Penalty). The Supreme Court ruled that capital punishment violates the 8th Amendment, which protects the right from “cruel and unusual punishment, on June 29th, 1972. The respective states halted executions in 1967, awaiting the ruling of the case. However in July, of 1976, the Supreme Court, as a just punishment for certain crimes, upheld the death penalty (Fagan, n.d.). For the nine years that the death penalty was suspended, the United States did not have a substantial amount of crime increase, which is somewhat

"Two Fishermen" examines the use of the death penalty within the justice system. Share your

As we near the culmination of the twentieth century, capital punishment is in decline. Once a near universal practice, the death penalty has been abolished in 101 countries, as of July 2015(Amnesty International, 2015) and executions have become less common amongst industrialised democracies. Some nations keep capital statutes for instances of exceptional crimes such as treason, but parts of the former Soviet Union, Japan and the United States of America (USA) still administer death sentences for ‘ordinary’ crimes of violence.

What place does the death penalty have in the criminal justice system? Should it be used to deter other criminals, should it be used to punish those who commit crimes, or does it have any place at all? In understanding the issue of the death penalty from a moral perspective, it is important to look back at philosophers of the past to better understand the ethical ramifications of the concept of capital punishment. We will be examining two notable philosophers—Aristotle and Immanuel Kant. Through their ideas on justice and theories of punishment for crime, we will be able to better understand how they viewed an issue such as the death penalty. Moreover, in modern day discussions of the issue, sides will argue consequentialist factors such as; the pain that capital punishment might inflict, evidence (or lack of evidence) of deterrence, and the cost of an extensive appellate process. Here, however, we will simply be examining the issues surrounding virtue and duty with regards to capital punishment, as Aristotle and Kant were virtue and duty based philosophers, respectively. Through this unique lens we may better understand the issue and ethical complications surrounding the issue as we observe how Aristotle and Kant make their arguments.

Capital Punishment would prevent convicted capital offenders from rejoining society. The possibility of a once convicted murderer being allowed to rejoin society can strike fear in the hearts of many especially the victim’s family. The punishment that was intended to be life in prison can often be reduced in many cases. In the United States the prisons are so overcrowded that lawmakers are releasing convicted criminals to make room for more criminals. Booming incarceration rates paired with reductions in prison spending force proceedings targeted at reducing crowding (Guetzkow & Schoon, 2015). A prisoner serving a life sentence for murder could be released by the way of good behavior or time served in order to free up space within the prison for more criminals. Many could argue over the possibility of prisoners

Few decisions in the criminal justice system apply as much influence over the life, liberty and the pursuit of happiness of criminal offenders as the final sentencing decision. Judges have an extensive range of sentencing options. These options range from fines, restitution, and probation to incarceration in jail or prison. For much of the 20th century, criminal sentencing practices remained largely unchanged in the United States. Over the past few decades, we have witnessed a practical revolution in criminal punishment processes. A number of different sentencing reforms have been recently expanded, resulting in a mix of different legal approaches to sentencing in the United States today. I will begin with a brief overview of sentencing

Offenders that have done their time and that are released back into society with the expectation to become productive members of society come face to face with struggles unknown to the average citizen. Discrimination, lack of education, insufficient housing, and no access to treatment programs are hardships they face everyday. Without the appropriate support structures in place, before and after their release, increases the probability of recidivism in the offender. Statistics show that more than one third of offenders released back into society will be incarcerated again within a year of the release date. To decrease the probability of offenders being re-incarcerated it should become mandatory for prisons, state and federal, to utilize

Imagine being sentenced to death by your government; the institution that is supposed to protect your rights, and then waiting years for the killing blow to land. Imagine the constant fear and anxiety you would endure; nobody deserves that torment. The death penalty is still legal in many parts of America and dozens of people are killed every year. In Canada, the death penalty has been abolished since 1976 and there is little support for reinstatement. This is not the case in America, while many states have stopped using capital punishment there are still thirty-one that continue to follow the practice. These states claim that it is cheaper than imprisoning someone for life, that it acts as a deterrent, and is a just punishment for atrocious