Death Penalty In The Criminal Justice System

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.

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

During the colonial era, Britain was the biggest influence on America when it came to utilizing the death penalty. The death penalty was used for minor offenses such as stealing, killing animals, and trading with Indians. As the late 1700s approached, a movement towards abolishing the death penalty began. Beccaria wrote an essay in 1767 called “Crimes and Punishment,” that had a significant impact on the world’s opinion towards the death penalty (Bohm,1999). Beccaria suggested

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 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.

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.

The death penalty has been debated for centuries. Within just America, it dates back all the way to 1608. In an article entitled “History of the Death Penalty” from the website Death Penalty Information Center, it states, “The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain.” So, it is safe to say that the death penalty has been around for a long time, and has been debated by many for just as long. Most people will claim that they are against the death penalty with no reason other than they believe it is immoral and wrong. Those people simply do not know the facts of how the death penalty actually helps the American Justice System. The death penalty prevents overcrowding in prisons, reoffenders, and is cheaper to the taxpayers.

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.

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

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

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.

If a jury returns a decision of death, a trial judge is called upon to determine whether to decrease the sentence to life without the probability of parole. Trial judges infrequently decrease a death judgement to life without parole. If the jury returns a life verdict, the judge has no power to enforce death.

The purpose of criminal justice system was to reduce crimes, punish convicts, and rehabilitate the criminals.(Law Street) To root out crimes, government execute death penalty. The penalty is biggest issue whether to abolish it, because it is an execution of the convicts sentencing death.(ProCon.org) Some people support the death penalty in the sake of justice, while other people disagree with it due to costs, and its effectiveness. To be more clear, death penalty proponents state that they need to keep death penalty, because it suitably pays back to criminals, whereas opponents say that it does not have considerable impact in reducing crime rate and citizens of country must significant amount of taxes. Government should decide whether to execute death penalty depending on the crime.

I used to think that world of criminal justice was cut and dry, black and white. If you commit a theft you go to jail, if you rape someone you go to jail longer, and if you kill then you are killed. I am for Capital Punishment. I started class with this view and although I have been tested through some of the topics, I stand by my decision. It seemed easy to think that way. Through the course, I have learned how to better articulate and understand my views. I still have the same gut reaction that those who kill get killed, but I now understand why I feel this way. I agree in most part with the practices of the death penalty, although I do feel that some reform would help in the long run, but at the end of the day you get what you deserve. Thinking so harshly seems necessary as we live in harsh world. Murders seem to be awarded more rights than their victims even when it comes to their death sentence. By committing the act of homicide a killer is exercising a choice that they never gave to their victims; they are choosing to die.