Capital Punishment Should Be Eliminated

Though it may seem that the debate over the death penalty only most recently surfaced, the dreadful tradition of capital punishment arrived in the United States at the time of the colonists. In the 17th century, most people were hung, beheaded, burned alive, or crushed under stones. All of these were in public, where a large crowd gathered to watch the horrible sight, similar to the tradition in old Europe. Eventually, the 19th century favored hanging as the most common form of execution. This marked the start of a more humane approach accepted as constitutional as executions moved away from the public eye. More developments came in the 1800’s as a movement to abolish capital punishment arose. This effort was stalled for a time during the Civil

Based on these rules, crimes such as rejecting the “God,” were punished by death. (Randa, 1997).In nineteenth century, many states decreased the number of their capital offenses and constructed state prisons. In 1834, Pennsylvania moved the execution law away from the public eye. In 1846, Michigan, another state of America, eliminated the death penalty for all offenses except betrayal. After all, Rhode Island and Wisconsin were two states that put end for all crimes. After years challenging, the elimination of death penalty except for some severe cases was approved in 1972.

In 1971 one of the key cases in United Sates History and also the state of Georgia was Furman v. Georgia. Furman was an African American male that broke in to a home to steal another citizens items. During the robbery the victim woke up and scared Furman. While Furman was fleeing the seen the owner gave him chase, and Furman accidentally drop his handgun and it went off killing the victim. When Furman was arrested he was told that if found guilty, he could be facing the death penalty. Furman appealed the execution to the Supreme Court, and argued that under the 14th amendment he would not be allowed pursuit of happiness, and liberty the American way. The Supreme Court heard his case and overturned the

In 1972, the Supreme Court ruled that the death penalty systems then in place were unconstitutional violations of the Eighth Amendment’s prohibition on “cruel and unusual” punishments. In response to the decision many states changed their death penalty systems. Four years later in Gregg v. Georgia (1976), the Court reaffirmed the death penalty as constitutional. Troy Gregg had been found guilty of murder and armed robbery and sentenced to death. He asked the Court to go further than it had in the Furman case, and rule the death penalty itself unconstitutional (n.d.,Web).

Furman v. Georgia proved that the way the death penalty was administered was unconstitutional. William Furman was apprehended while he was found robbing a sleeping individual’s home. During the trial Furman claimed he had tripped and his weapon had accidentally discharged and struck the victim. However, the statement he had given the police was

Three juries had convicted and imposed the death penalty on their accused without any guidelines to go by in their decision. This case (Furman vs. Georgia) represents the first time the Supreme Court ruled against the death penalty. The dissenting Justices argued that the courts had no right to challenge legislative judgment on the effectiveness and justice of punishments. The majority however held that the death penalty was cruel and unusual

1972, Furman v. Georgia. The opinion said, “[t]he Court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.”

In the United States, 36 states participate in capital punishment in one or more of the five different forms, including lethal injection, electrocution, gas chambers, firing squad, and hanging (“Description of Execution”). After being banned in 1972, several states sought to bring back capital punishment by providing sentence guidelines for both jury and judges when deciding the fit case in which to impose death (“Introduction to the Death Penalty”). These guidelines proved the punishment was constitutional under the Eight Amendment, proving it wasn’t “cruel and unusual” punishment under the correct circumstances. Three procedural reforms were approved by the case Gregg vs. Georgia, including bifurcated trials (separating guilt and penalty phases of trial), automatic appellate reviews of court decisions, and proportionality review to help eliminate sentencing disparities (“Introduction to the Death Penalty”). Ever since these changes in 1976, the death penalty

1972 - In Furman v. Georgia the Court rules that all existing death penalty laws violate the Constitution. The Court cited "arbitrariness" and racial imbalances in the application of death sentences. As a consequence, many states rewrite their death penalty laws.

The 1972 case of Furman v Georgia was seen as a complete victory for abolitionists at the time, but proved to be more complicated than it appeared. It said that the death penalty, as it was administered, violated the Eighth Amendments because it was cruel and unusual punishment and violated the Fourteenth Amendment because it did not guarantee equal protection under the law (Costanzo:18). The

State governments tried two new strategies to be more specific and direct in death penalty trials: guided discretion and the mandatory death penalty. In Gregg v. Georgia, 428 U.S. 153 (1976) among others, the Supreme Court gave sentencing courts the right to impose sentences of death for specific crimes and allowed a two-stage (“bifurcated”) trial (www.cpa). In the first stage, the guilt or innocence of the defendant is established, while in the second stage, the jury or the judge (depending on the state) determines the sentence. Mandatory death penalty for specific crimes, on the other hand, was deemed unconstitutional because of cases such as Woodson v. North Carolina, 428 U.S. 280 (1976). These rulings lead to the modification of each state’s statutes regarding the death penalty (www.uaa). The moratorium ended and executions resumed in January 1977.

At least as early as the year of 1735, since colonial times, capital punishment was employed by Georgia with recorded executions. Nine hundred and fifty executions were carried out by Georgia, before the year of 1976. Upholding in particular the death sentence imposed on Gregg, the approval of the death penalty's use in the United States was reaffirmed by the United States' Supreme Court by Gregg v. Georgia (1976). In order to comply with the 8th amendment band on unusual and cruel punishments, main features were set forth by the Supreme Court that must be employed by the capital sentencing procedures.

The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was "cruel and unusual" punishment (Kurtis 67). In the 1970s, the executions by year dropped between zero and one then started to rise again in the 1980s. In the year 2000, there were nearly one hundred executions in the US (Biskupic 34). On June 29, 1972, the death penalty was suspended because the existing laws were no longer convincing. However, four years after this occurred, several cases came about in Georgia, Florida, and Texas where lawyers wanted the death penalty. This set new laws in these states and later the Supreme Court decided that the death penalty was constitutional under the Eighth Amendment (Biskupic 34).

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all

Capital crime is something that is meant for people that are found guilty of committing a serious crime, such as murder, rape, or theft. These are offences that should not be taken lightly but by killing the offender, the government is carrying about the action that they are trying to prevent. Also, the wrong person may be sentenced to death. After this person is executed, there is obviously nothing that can be done for the terrible mistake to be reversed. The death penalty should be abolished because it is more expensive than life imprisonment, numerous innocent people are condemned to death row, and it is cruel and inhumane.