Pro Death Penalty Speech

The eighth Amendment states that the government is prohibited from cruel and unusual punishment. The death penalty is a complete violation of this amendment. Every one, guilty or innocent has the right to live freely, and the government taking away this simplicity of rights, is unconstitutional.

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).

The death penalty was established as a form of punishment as far back as the 1600's. There are many controversial issue's in our world today whether it goes against our civil rights or not. As of today there are thirty-two states who still allow the death penalty and seven states who have completely abolished it ( Norton,W.W.& Company, Inc 115.) Even though the use of the execution has gradually decreased, there have still been many cases in the past years that states have still used it. At one point there was a time the Supreme Court ruled the death penalty unconstitutional, but after a couple years the court allowed states to bring back the death penalty. The courts have struck down many laws where states have tried making it mandatory in

(231) As far as capital punishment is concerned, the Eighth Amendment has been used to declare the death penalty invalid in numerous cases. Mandatory death penalties have repeatedly been found to violate the Eighth Amendment, and were first found to be unconstitutional in the cases of Roberts vs. Louisiana and Woodson vs. North Carolina. Arbitrary death sentences with no established criteria for application also violate the Eighth Amendment, as was ruled in the case of Furman vs. Georgia. In Furman vs. Georgia three cases had been brought to the Supreme Court concerning the death penalty and the racial biases present in the selection process.

Why was the death penalty made constitutional? What made the leaders say that the death penalty would solve problems? In 1976 the death penalty was reinstated. Since this time

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

This criminal code is one of the most sophisticated in the country and has become a model for other states to follow. But research studies conducted to compare effects of the death penalty nationwide have shown some conflicting results. Comparison studies done to show homicide rates of retentionist and abolitionist jurisdictions from 1999 to 2001 (Sorenson & Pilgrim) have shown that death penalty states tend to have a higher murder rate than abolitionist states. This result creates the argument of the overall deterrent effect of execution. Texas is still in the top 20 of states with the highest homicide rate even though it is the highest in death penalty executions. “If the death penalty were a deterrent, the argument goes, then Texas should be located among those states with the lowest homicide rates” (Sorenson & Pilgrim, P. 25).

Born in Hampton, Virginia, Steve Earle wrote an astounding piece of information that shocked thousands of people. The story, “A Death in Texas,” changed my views of the death penalty, and really put some things in perspective. Starting in 1608, the death penalty became present, and it is a sanctioned practice where a person is put to death by the state as a punishment for a crime. Although people make mistakes, the death penalty should be abolished due to inhumanity, taking away precious lives, and it is an ineffective tool.

The Eighth Amendment is intended to protect prisoners before they’re tried and after they’re convicted. It restricts excessive bail, fines, and cruel and unusual punishments. When looking back at laws from early America compared to the laws now, they were dramatically different regarding the death penalty. For example, in the 1600s, the Divine, Moral and Martial Laws, which provided the death penalty for even minor offenses such as stealing grapes, killing chickens, and trading with Indians, was proposed. Now, capital or first degree murder are typically the only offenses that will result in the death penalty as a punishment, where a couple hundred years ago people could get executed for simple, foolish offenses. Additionally, the Roper v.

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.

The sentencing structure in Texas is in need of reform within several different areas of the state’s death penalty system. The American Bar Association with their Texas Capital Punishment Assessment Team reports recommendations in regards to the areas that need to be assesse: [(Law Enforcement Identification Procedures, Law Enforcement Interrogation Procedures, Preservation of Biological Evidence, Access to testing Biological Evidence, Crime Laboratories and Medical Examiner Offices, Forensic Science Commission, Texas Capital Sentencing Structure, Jury Instructions, Treatment of Persons with Mental Retardation, Treatment of the Severely Mentally Ill, Proportionality Review, State Habeas Corpus Proceedings, Clemency, External Review of

The Declaration of Independence for the United States has done a good job at protecting its citizens from undue burdens; however there is one small subsection of the population in which the American legal system is failing. The American judicial system is failing those on death row in Texas. The state of Texas leads the nation in the amount of executions performed. (Amnesty International) Unfortunately, there are legal, moral, and racial issues with these sentences. Today, there are 260 inmates on death row. (Amnesty International) Additionally, since 1976, there have been 474 total executions. (DPIC) This is a problem because research states that nearly 4% of all death row inmates are actually innocent. (Rogers) This nation wide data is relevant for this policy brief because with such a high number of the states’ inmates on death row there is a

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).

“In a monumental 1972 decision by the US Supreme Court, all but a few death penalty statutes in the United States were declared unconstitutional” (Radelet & Borg, 2000,

There are many controversial points of view on the death penalty in America’s society. Is the death penalty socially correct? Is it just? The death penalty is an execution sentence that a person convicted of a capital crime must face. A person can only be sentenced to death in 33 states (deathpenatly.org). There have been as of April 1, 2012, 3,170 death row inmates in the Unites States history, with an exception of the two inmates in New Mexico and eleven in Connecticut that remain on the death row due to the law not being made retrospective to these inmates. The controversy whether the death penalty is just or unjust has been a debate in America for many years. There have