Capital Punishment And The Death Penalty

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, otherwise known as the death penalty, is a controversial subject which has been argued for decades due to the ethical decisions involved. People believe the death penalty is the right thing to do and that it is the perfect example of ‘justice’ while others believe that it is immoral and overly expensive. The death penalty is not a logical sentence for criminals, it doesn’t give them the right type of justice and it is immoral.

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.

The justice system is filled with opposition. Those who support the use of Supermax, the death penalty and the execution of those who are mentally retarded and juveniles, and those who oppose the above mentioned. The following essay will discuss all mentioned topics.

The death penalty is a legal punishment practiced worldwide, which includes execution being the punishment, mandated to someone convicted of a crime. The death penalty has existed since 1700 B.C. when the Code of Hammurabi was a legal document in ancient Babylonia. Ever since the Code of Hammurabi many countries have adopted this punishment including the United States. When European settlers came to America, Americans obtained the death penalty. During the establishment of the Constitution, framers continued the custom which led to the eighth amendment. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb… nor be deprived of life, liberty, or property, without due process of law…” (Constitution 1).

The death penalty, as we know it today, didn’t exist in the United States until 1976. However, the American penal system has incorporated capital punishment since the earliest settlements were founded in the early 1600’s. The first recorded execution in the United States occurred in 1608 in Jamestown, Virginia when Captain George Kendall was executed just one year after the Jamestown settlement had been established after he had been convicted of being a spy for Spain (Part I: History of the Death Penalty). Over the next 250 years, several states moved toward abolishing capital punishment altogether. While there has been serious push towards ending capital punishment, more than half of state governments within the United States cling onto their right to execute criminals who perform truly heinous crimes.

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 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

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 primary purpose of the criminal justice system is to protect society. All features of the system; detaining delinquents, trials, and punishments all have costs. Reduction in any part of the criminal justice system can potentially result in a harmful society. The question most asked about the death penalty is, “Why should honest, hardworking taxpayers, have to pay for murderers for the rest of their life instead of executing them?” Actually the death penalty is the most expensive part off the system. According to Dr. Ernest Gross, a Creighton University economics professor, who conducted a study in August 2016, the death penalty cost an average 23.2 million more per year than alternative sentences (Gross). The study found that states with the death penalty spend about 3.54% of overall state budgets on court, corrections and other criminal justice functions associated with the death penalty, while states without the death penalty spend about 2.93% on those functions (Gross). The death penalty is more expensive than life without parole because the constitution requires an extensive and complex judicial process for capital crimes. This is to ensure that innocent men and women are not executed for crimes they did not

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

I once was a strong proponent of capital punishment, trusting the criminal justice system would do the right thing. Moreover, I assumed that the justice system involved honest, ethical people all working together for the good of all mankind. I often argued the need for capital punishment and believed that it increases public safety, and acted as a deterrent to other would be heinous crimes and possibly saved countless lives while acting as a deterrent. As faulty as this thinking may have seemed these were my assumptions, and like most I truly believed in the criminal justice professional, after several years in law enforcement I have learned that there are unethical, criminal justice professionals that use the peoples power

Since the late 1970s, roughly 1500 prisoners were executed in the United States. A capital punishment, also known as death penalty, refers to the execution of a perpetrator convicted of any capital offense, such as murder or treason. Ratified in 1791, the Eighth Amendment, which was originally concerned with the criminal on death row rather than the process of execution, constitutionally bans cruel and unusual punishments. Yet, like any other amendment or constitution, the interpretation of the cruel and unusual punishment clause today differs immensely from the interpretation during the early 1790s, due to the changing standards of society, hence the increase in questions about the moral and ethical issues of death penalty, and what constitutes

Capital punishment has been a part of the U.S criminal justice system for centuries. The death penalty has been the most controversial aspect. The death penalty is legal in 33 states but the rest of the 19 states abolished it. There are over half of Americans that support the death penalty while the rest of them believe that it is unacceptable. People who support the death penalty believe that capital punishment lowers future crime rates, but people who are against it believe that it is a cruel and think innocent people could be mistakenly put to death for something they did not do. Capital punishment should be allowed because it saves lives, decrease the homicide rate, and saves more money for the government.

Capital punishment is the death penalty. It is used today and was used in ancient times to punish a variety of offenses. Today, one of the most debated issues in the Criminal Justice System is the issue of capital punishment or the death penalty. Capital punishment was legal until 1972, when the Supreme Court declared it unconstitutional in Furman v. Georgia stating that it violated the Eighth and Fourteenth Amendments citing cruel and unusual punishment. In 1976, the Supreme Court reversed itself with Gregg v. Georgia and reinstated the death penalty but not all states have the death penalty. Since 1973, 140 people have been released from death