Constitutionality of the Death Penalty

In Missouri during 1993, Christopher Simmons, a 17-year old, committed capital murder after he instigated two other juveniles (Benjamin and Tessmer) to conspire to kidnap and murder an innocent woman named Shirley Crook. It was never completely determined why exactly Simmons wished to murder Crook, however, he did later admit that Crook was involved in a previous car accident with Simmons. At approximately 2 a.m. on the night of the murder, Simmons and his two friends met up to break into the home of Crook, but Tessmer left before Simmons and Benjamin decided to go through with the heinous crime. Simmons and Benjamin broke into the home of Crook, entered her room, covered her eyes and mouth using duct tape, and bound her hands together. The

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

Death penalty is a constant source of controversy and divided opinion depending on who you ask. The punishment of death is given to criminals who commit severe crimes. The severity of crimes that attract the death penalty is debatable due to the severity of the crime. The justice system is based upon punishment for crimes committed by emphasizing the punishment fitting the crime committed. Countries such as China and Singapore, and United States, issue the death penalty to punish murderers or rapist, therefore fueling the already going debate on how to befit the punishment is in such cases. All the death penalty aims to achieve is the punishment to those who break the rules. The death penalty has well documented weaknesses as well as strengths. Not least of is brutality and finality, some of these frailties lead to the calls for its abolishment. The death penalty is inhumane. Wrongly applied as well as completely unjustifiable sometimes killing innocent people irrespective of the crime. Life sentence of imprisonment without parole or pardon achieves all that the death penalty seeks to achieve without costing the society its moral standing and families losing those they love.

The state of Oklahoma alone has executed 195 people for crimes such as rape, murder and kidnapping. (“Crimes Punishable”) In the Constitution of the United States the eight amendment prohibits “cruel; and unusual punishment” inflicted on those who have been convicted of a crime. A total of 34 states have performed executions on people for various crimes. How do we know what is or isn’t “cruel; and unusual punishment”? Some would say the death penalty is stretching the ways of the law and others would say it is a complete violation of the constitution. The views of people are split evenly. People want others to pay for what they’ve done but may think that the death penalty is a little too extreme. Oklahoma is a very conservative state, and we like to do things the “old way”. With society changing so frequently we rarely match what the others states are doing and we could potentially be seen as a “bad” state. So the decisions such as whether or not to have the death penalty affects all Oklahomans and some aren’t okay with that. In the paragraphs below we will explore all aspects of the death penalty, and by the end we will find out what made the people decide the death penalty was constitutional and what exactly the people’s opinions on this subject are.

1. What year and in what case did the US Supreme Court decide that the administration of the death penalty was unconstitutional? Provide a compelling statement form the opinion in this case.

Christopher Simmons a 17-year-old junior in high school at the time murdered Shirley Crook, one early September morning (Oyez, p.1). Simmons was briefly acquainted with Crook previously from a past occurring car accident that had involved them both. Furthermore, Christopher did not plan alone how he wanted to accomplish his crimes. Simmons two friends Charles Benjamin and John Tessmer, 15 and 16 agreed to aid Simmons in accomplishing his plan due to Simmons insisting they would get away with charges due to being minors (Roper v. Simmons, 2005,p.3). The three friends met around 2am September 9th; however at the last minute Tessmer left the scene, backing out of the murder plan. Nevertheless, Simmons and Benjamin gained access to Crook’s home through a window left open, which allowed them to unlock the back door. Mrs. Crook was in her bedroom at the time and the two juveniles duct taped her: eyes, mouth and hands closed (Roper v.

The Death Penalty started in the eighteenth Century B.C. when it was established into the Code of King Hammurabi in Babylon, which codified the the Death Penalty for 25 different crimes.The Eighth Amendment states that the Death Penalty is considered a “cruel and unusual punishment,” which means that the Death Penalty is unfair to the persons getting the Penalty, but is also unconstitutional because it’s a punishment that ends the lives of people. So really you are killing the person that killed another or more, and you are just adding to the death toll. I oppose the Death Penalty because it could put innocent lives to death and costs way too much the country could afford to use.

Similar to the aforementioned case, Kevin n. Stanford v. Missouri, this story involves a young man by the name of Christopher Simmons as well as two other young men, Charles Benjamin and John Tessmer. At the time of the incident Simmons was still a junior high school, he was 17 years of age, Charles Benjamin was 15 years of age and John Tessmer was then 16. Simmons encouraged both Benjamin and Tessmer to assist him with committing murder. Records indicate that Simmons was in fact the instigator of the crime. Simmons plan was to “commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge.” Simmons assured both Benjamin and Tessmer that once the crime was committed they could “get away with it”

A question that has been asked since the foundation of our country was made is, “Can the death penalty be considered Constitutional?” Thomas Jefferson was known to have written letters with the same topic. Now only thirty-one states, along with the federal government, still believe that the death penalty is within the boundaries of the Constitution. Twenty executions of the death penalty occurred last year, 2016, and approximately 1500 have since the 1970s (Pennekamp).

The Death Penalty is Unconstitutional Because No One Has the Right to Take Another’s Life.

The death penalty has long been the most prevalent and the most severe punishment in the world. Humanity has been using death as a sentence seen the time humans acquired the ability to slay each other. In many primitive societies, the act of killing a person as retribution for violating a crime was adopted by the governing powers of that those societies. Since the establishment of the Ancient Laws of China, one of the oldest continuously operating legal system on the Earth, the death penalty has been recognized as an adequate punishment for certain offenses. Also, in the 18th Century B.C., the Babylonian code of law or the Code of King Hammurabi recognized legalized execution as punishment for twenty-five different crimes. The death penalty as its roots in America before the colonization of the New World by the Europeans. Since the time of the Natives American tribes, the death penalty has been used to punish thief’s, murderers, and so on. Then when the Europeans colonies defined themselves as the United States of American in 1776, a new guideline of rights was ratified. These rights make up the Constitution of America and lay down an expectation for the treatment of America’s citizens. However, is the death penalty appropriate or even constitutional in this age?

The first argument that I shall contend with is that capital punishment does not deter crime. Opponents of capital punishment say the death penalty is not necessary. Other countries that no longer have the death penalty have not experienced an increase in the number of murders. The idea is that the death penalty does not deter crime. Countries such as Sweden, Netherlands, Denmark, Switzerland, and Belgium have not carried out executions since the early part of the century, yet these countries have not experienced a rise in crimr rates (Block, 1983). However, deterrence is not the question when you are looking at the retributive value of capital punishment. In short, deterrence can only work if the threat of punishment is combined with the conviction that the forbidden acts are not only illegal and therefore punishable but immoral. Without the conviction of morality, the easily frightened will not break the law, but the fearless will break the law, the irrational will break the law, and all others will break the law.

There is a lot of controversy about whether the death penalty should be legal or not. It is widely used, with only 18 out of the 50 states having abolished it, but should it be permitted, regardless of the popularity of it? The answer is no. It should be abolished because it demeans life, is cruel, prison is a better punishment, and it is not effective.

Capital Punishment was adopted by America when the state of Virginia carried out the colonies’ first execution in 1608 (“History of the Death Penalty”). Since then, usage of the death penalty has been instituted by 36 states, making execution the ultimate form of punishment. Although in theory the death penalty seems like a viable method of punishment, in practice, it has serious flaws that damage the integrity of the state. Capital Punishment has been falsely idolized as a deterrent, applied unfairly for generations, used as a vehicle for revenge, and made people blind to the fact that life in prison without parole is an equally acceptable form of punishment. The death penalty is an

“I don’t think you should support the death penalty to seek revenge. I don’t think that’s right. I think the reason to support the death penalty is because it saves other people’s lives.” -- President George Bush