Con Essay Final Draft #2
Resolution—Execution should not be allowed in the United States, especially given the risk of executing innocent people.
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.
Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The Ehrlich studies – which took
“A recent study by Professor Michael Radelet and Traci Lacock of the University of Colorado found that 88% of the nation’s leading criminologists do not believe the death penalty is an effective deterrent to crime. The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists, published in the Journal of Criminal Law and Crimonology, concluded, “There is overwhelming consensus among America’s top criminologists that the empirical research conducted on the deterrence question fails to support the threat or use of the death penalty.” A previous study in 1996 had come to similar conclusions.”
More than two centuries ago, the death penalty was commonplace in the United States, but today it is becoming increasingly rare. In the article “Should the Death Penalty Be Abolished?”, Diann Rust-Tierney argues that it should be abolished, and Joshua Marquis argues that it should not be abolished. Although the death penalty is prone to error and discrimination, the death penalty should not be abolished because several studies show that the death penalty has a clear deterrent effect, and we need capital punishment for those certain cases in which a killer is beyond redemption.
The fight and controversy behind capital punishment is not a new idea. The death penalty has divided America down the middle, with half against and half pro the punishment. Due to the sensitivity of capital punishment, the Supreme Court has dictated which states capital punishment is legal. Despite it being legal in these states, it is up to the prosecutor’s discretion to vie for this punishment as opposed to other forms such as life in prison, rehabilitation, etc.
Deterrence has been the backbone of the United States justice system for a long time now, yet does deterrence truly work? When people plan, or commit violent crimes are they considering the immediate consequences of their actions? Offenders do not typically weigh the penalties they may receive after committing a serious crime. Keeping this in mind, increasing the severe ness of punishment, ultimately, will neither decrease or increase the amount of crimes committed in the United States. Death penalty does play a larger role in the deterrence of criminal acts. The death penalty has been a hot topic regarding whether it should be a legal punishment or not. Many arguments arise from this topic including: is it moral of the state to take a life? Or what act of crime is deserving of the death penalty? And how much of a role does religion play into the decision of the death penalty? Deterrence plays a major role in the discussion of death penalty. No one wishes death upon themselves nor would be satisfied with death by the justice system. The death penalty ultimately does deter major crimes in the sense that a
An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese case, and the Kennedy v. Louisiana case. The first case reveals the strong debate that the execution by lethal injection is inhuman and in violation of the eight amendment. The second case inflamed the
The death penalty not only shows the power of the United States court system, but it also acts as a warning to other offenders. Often referred to as deterrence, it is an act of using punishment as a threat to prevent people from committing heinous crimes (Muhlhausen). Over the years, scholars have tested the question of does deterrence really work, and if so how does it affect us as a society. During 1976, Isaac Ehrlich, an academic economist and researcher, tested the theory which offered results showing that for every one inmate who was executed, seven lives were spared because others
The use of death as a punishment for one’s crimes is not a new concept in early American history. Up until the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution have permitted the use of death as a penalty to those who committed heinous crimes. However, the fundamental legality of the death penalty is being
Capital punishment has been in the United States long before the country was formed. Influenced by Great Britain in the 17th century, settlers brought over the idea of government sanctioned murder, and even now, over 400 years later, the majority of the United States is still in favour. With thirty one states currently practicing or allowing the law to remain on the books, the message of the States stance on capital punishment is clear; however, the current state of capital punishment in this country is racist, costly and by far the worst example of a reputable deterrent against crime. For these reasons, the death penalty is outdated for modern society and needs to be abolished immediately.
For years now the Americans have debated over the issue of capital punishment. Many people believe that it no longer serves out its intended purpose of deterring crime. Others believe that the death penalty is an inhumane act of violence and that it should be banished from the justice system all together. The thought of playing God also is another aspect of the situation. Despite these allegations however, the facts still remain. The death penalty deters crime, stops repeat offenders, and gives Americans a real sense that justice has been served, and should therefore remain legal and in practice.
Capital punishment is useless as a deterrent morally indefensible , discriminatory in practice , and prone to errors that may have led to the execution of wrongfully convicted people . its continuing legality in the united states is critically undermining American moral stature around the world . The supreme court should bring the united states in line with the rest of the civilized world and hold that death is a punishment prohibited by the eighth amendment.
In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately
In the United States, capital punishment has always been the spotlight of many debates concerning the consequences of severe crimes. Although capital punishment is deemed to be acceptable for violent crimes such as murder, there are numerous individuals who oppose the usage of capital punishment against violent offenders. Both proponents and opponents have given countless opinions concerning the deterrence effect of capital punishment. Research studies have also added fuel to the debate in regards to the effectiveness of capital punishment in the criminal justice system. With the differences in between the pros and cons of capital punishment, it is hard to come to a concrete conclusion on whether or not if this element serves its purpose in the penal system. This paper will further discuss if capital punishment is effective in deterring violent crimes as well its implications for the future.
In 1879, the United States Supreme Court ruled, by a vote of 9-0, that execution by firing squad was not cruel and unusual punishment under the Eighth Amendment of the Constitution. This began a long debate on whether or not a government reserves the right to punish those who have taken a life by taking their lives. There are many reasons as to why someone would be against capital punishment: it is not our right as humans to play God, it is against the constitution, the threat of capital punishment is not a valid deterrent, it is morally corrupt to take a life. All of these points are valid, and they represent the mindset of millions of Americans; however, capital punishment is a valuable asset to be reserved for only “the most heinous murders and the most brutal and conscienceless murderers” (Alice).
let us analyze one of the often given purposes of capital punishment: deterrence. It is understandable that the criminal justice system, in wanting to ensure greater safety for its citizens, would want to deter crime. Having less violent crimes means less people will get hurt. However, this argument carries a flaw; there is little evidence to indicate that capital punishment is serving this purpose in jurisdictions where the death penalty is carried out. As a matter of fact, in the United States, some of the highest murder rates in the country occur in states where the most executions are carried out. This does not necessarily mean that murder rates are higher as a ''result'' of capital punishment; however, it goes to show that capital punishment
The death penalty is a controversial issue in America because people disagree about whether it is a just punishment for capital crimes. Some Americans agree that the death penalty is a just punishment for capital crimes because inmates deserve suffering to death as a punishment. Other Americans disagree that the death penalty is a just punishment for capital crimes because a life for a life isn’t the Christian way. The third group of Americans believes the Amendments should acknowledge capital punishment for people accused of capital crimes. But, I argue that the death penalty is an unjust punishment for capital crimes because it is cruel, both physically and emotionally.