Forensic Evidence Vs Phony

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.

In this day in age, technology is rapidly redefining acceptable standards. The way our legal system requires evidence is much more profound as compared to a decade ago. In the past forty two years, “one hundred and fifty five people have been exonerated from the death penalty” (Innocence). Technological advances played a significant

The death penalty, or capital punishment, has always been a topic of much debate in the United States. There are those who support it and those who oppose it, and each side has their fair share of points being made, backed by supportive evidence. The topics range from the morality of this punishment, including the methods of execution as well as fairness issues in regards to sex and race. The first issue that will be addressed is in regards to the death penalty working to prevent violent crimes.

In order to properly discuss this topic, the paper has been separated into three main parts which include: DNA evidence, death row, and the Innocence Project. The section regarding DNA evidence starts out with what exactly is DNA and why it is so important to science, forensic science, and then gets further into detail of how it became completely admissible in court cases. The second section being discussed is the death penalty in the United States and has one subsection. It begins with basic information on the death penalty and statistics of conviction, wrongful and not, and what causes people to be wrongfully convicted. The subsection for the death penalty section discusses just a few wrongful conviction cases; what went wrong that these people were wrongly convicted and did they ever get a chance to plead for their innocence after being sent away to death row. The third and final portion discusses the newer and very important program called the Innocence project, explaining what it is they do and how it has helped people.

There are many injustices that plague the United States Justice System. The death penalty is a prime example of this. A major problem associated with the death penalty is the unavoidable fact that potentially innocent people are being executed. Researchers estimate that over 340 executed inmates, could have been exonerated; which means that over 340 people were wrongfully killed! With the arrival of DNA testing in the mid 80’s, by 1992, 17 death row inmates in the US where acquitted and released. The sad fact remains that all capital punishment cases don’t have DNA evidence, in fact many do not. It is terrifying to contemplate that whether a person lives or dies can be determined based on eyewitness testimony. The innocence Project researchers report that 73% of 239 convictions reversed because of DNA, were based on eyewitness testimony. The only effective way of using the death penalty is to ensure the certainty of guilt amongst the inmates on death row; which is inherently unrealistic or impossible. The injustice does not stop there. Approximately 3% of all executions are botched, meaning that the inmate was conscious, in excruciating pain, or the death was prolonged beyond the intended speed. In cases like Allen Lee Davis’ or Romell Broom, the death penalty is proven to be an inhumane way to punish inmates. The American Civil Liberties Union believes “the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the

There are about 121 innocent people sitting on death row tonight. A study by the National Academy of Sciences reports that conservatively, 4.1 percent of defendants sentenced to death are indeed innocent. Capital punishment is abolished in many parts of the developed world, but is still carried out daily. In this day and age, its existence may seem questionable. After World War II, crime rates increased in the United States, peaking from the 1970s to the early 1990s. Violent crime nearly quadrupled between 1960 and its peak in 1991. Sure enough, thirty-two states, the federal civilian and military legal systems permit the death penalty. Its application is limited by the Eighth Amendment to the Constitution to aggravated murders committed

Still, many people are wrongfully executed and put into a death sentence row because an error of judgements and stereotypes based on a race especially for African Americans. “New research found that almost four percent of U.S. capital punishment sentences are wrongful convictions, almost double the number of people set free, meaning around 120 of the roughly 3,000 inmates on death row in America are not guilty” . It is ironic though, killing innocent people can be attributed to murder and the government is doing the same thing as other convicted criminals who were put into a death row. Example for a wrongful conviction, “Cameron Todd Willingham was executed in Texas in 2004 for murdering his three young daughters by setting his house on fire”. But, after his execution multiple fire science experts reviewed the case and “released a report admitting that Willingham’s conviction was based on flawed science” . Willingham was b wrongfully convicted by the government because of their mistake. Wrongful execution was common before technology was developed. It was hard to find the evidence and people made mistakes during the investigation. If there was no Death Penalty, Willingham might have been still alive claiming for his

The death penalty is under a theory call “Just Deserts” Radelet and Akers (1997) suggest that the citizens who commit cirimes should be put under an execution for tributive reasons. These citizens that commit crime should suffer, the effects of life imprisonment are not enough for murdering a person. Some views are worthy to go under a debate, but no research can tell us if an issue is right or wrong. No studies can answer the question of what these citizens or criminals deserve, nor settle debates surrounding the death penalty.

Mr. DeLuna died by the needle in 1989, but if he was to be kept in prison until more evidence were to be discovered to prove his innocence, then he might still be alive and enjoying the astonishing values of life instead he is in the dirt because of lack of evidence. Some may say this is bad luck, but most would say this is unscrupulous. The death penalty is not unknown to the fact that innocent people die to the needle because of lack of evidence which later can be proven more accurate. Capital punishment is viewed in the American society to be the right punishment for criminals that commit brutal crimes, but recent statistics have shown that Americans are slowly drifting from the hardliner “eye for an eye” mindset to a “we can still help him” mindset. On November 28, 2010, in Washington D.C., The Death Penalty Information Center released the results of one of the most in-depth studies ever conducted of American’s views on the death penalty. A national poll of 1,500 registered voters conducted by Lake Research Partners shows growing support for alternatives to the death penalty compared with previous polls. A clear preponderance of voters (61%) would choose a punishment other than the death penalty for murder, including life with no possibility of parole and with restitution to the victim’s family (39%), life with no possibility of parole (13%), or (9%) life

Because of the popularity of forensic television shows, the misrepresentation of forensic capabilities has become more prevalent. This is often seen in the portrayal of fingerprint evidence. On television.or in popular crime novels, fingerprint evidence tends to fall into one of two categories: the fingerprint specialist is able to obtain fingerprints off of absolutely anything or no fingerprints are found and it is declared that the item must have been wiped clean.

Death sentences have decreased by 75% since the 1990s, but so has public support for this unethical punishment. Though the death penalty is not used as often today, there are still many flaws. Majority of the time, what should be irrelevant factors in deciding the verdict of a case, like the quality of legal representation and race, usually play a larger role than the severity of the crime. Ultimately, the death penalty should be outlawed, as it is bias and costly.

According to a 1987 study published in the Stanford Law Review, at least 23 non-culpable individuals have been executed from 1900 to 1987, which is more than one innocent execution every four years. These miscarriages of justice are often due to evidence that was not discovered or made available until after the execution. Although recent scientific improvements, such as forensic DNA evidence, have enabled investigators to more accurately pinpoint guilt in a suspect, no current amount of scientific or technological advancement can completely guarantee that errors will never be made. In an issue such as the death penalty, where the stakes are so high – human life – any margin of error, no matter how minuscule, is unacceptable.

The death penalty today is slow, costly, and uncertain; therefore, America should abolish the death penalty”, and David J. Burge, a Georgia Republican Attorney, state's, “The reality is that capital punishment is nothing more than a risky government program.” (Rathbun, 2017) Joshua Rathbun, and others who would choose to do away with the death penalty, bring up a good point that the death penalty is not perfect and that there are times where errors occur. The solution isn’t to get rid of the death penalty, but to improve the technology and system used. It would be more productive to work together and look for more productive methods. Not to bicker about if the current method is humane enough. There is already work being done. The most common form of execution is lethal injection, which most Americans find to be humane. Still errors do occur, the DPIC predicts that three percent of executions were botched. (DPIC, 2016) I believe we can all agree that this number is too high. Although over the course of over 100 years being within a rate that most scientist find acceptable is pretty good. Especially considering how much technology has progressed sense the start of this time

The death penalty is one of the nation’s most hotly debated topic. Most Americans are either heavily in favor of execution or heavily opposed to it. In America, there are multiple methods of execution, lethal injection, firing squad, hanging, electrocution, and the gas chamber. Imagine, being strapped to a chair in various areas; usually the chest, groin, arms, and legs. A metal skullcap attached to your head, and then you’re blind folded. What might be going through your head? Were you wrongly convicted, or did you deserve death? There are two sides to every issue. While some say the death penalty is a flawed punishment method because it is irreversible, and innocent people have undoubtedly been put to death, others say the death penalty