Pros And Cons Of Abolishing The Death Penalty

Even during the Early church, when death was much more common, some Catholics fought against the death penalty; one such example the Athenagoras of Athens written in 133 A.D claims “we cannot endure even to see a man put to death, though justly. . . . We, deeming that to see a man put to death is much the same as killing him, have abjured such spectacles. How, then, when we do not even look on, lest we should contract guilt and pollution, can we put a man to death?.” However, many Catholic leaders have supported the death penalty, St. Thomas Aquinas himself stated “The death penalty was not merely permitted by God: for certain crimes it was required by God.” Nevertheless, over the years the Church has become more and more uncompromising in its beliefs against the Death Penalty. Starting with Pope John Paul II a Catholic Pope who served from the late 70’s to early 2000’s creating the Evangelium Vitae which asserts ¨that [the state] ought not go to the extreme of executing the offender except in cases of absolute necessity: in other words, when it would not be possible otherwise to defend society. Today however, as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.¨ In this doctrine, Pope John Paul II clearly and definitively makes the Catholic Church’s negative response

In David M. Oshinsky’s book, Capital Punishment on Trial: Furman v. Georgia and the Death Penalty in Modern America, he discussed the case of Furman v. Georgia. He explores the controversy that capital punishment holds in the United States of America. The death penalty has been in practice for many centuries. For example, “In Massachusetts, where religion had played a key role in settlement, crimes like blasphemy, witchcraft, sodomy, adultery, and incest became capital offenses, through juries sometimes hesitated to convict” (Oshinsky, 2010). For the punishment of death these offenses do not fit the crime. However, capital punishment at this time was rarely criticized. The death penalty demanded many executions including public ones. Many of these were hangings and were public events. After the American Revolution the death penalty began to be questioned. For example, Benjamin Rush stated, “Capital punishments are the offspring of monarchial governments. Kings believe that they possess their crowns by a divine right. They assume the divine power of taking away human life” (Oshinsky, 2010). By the 1840’s there were organized groups opposing the death penalty such as the Society for the Abolition of Capital Punishment. Within the coming years, the support for capital punishment fluctuated. Throughout the book, Oshinsky explores the many cases leading up to the Furman v. Georgia decision.

In this paper I shall argue that capital punishment is immoral. In Furman v. Georgia we find a landmark case in which the legality of capital punishment is exposed. Judges Stewart, White, and Douglas found the death penalty to be immoral given the arbitrary forces involved. ("Furman v. Georgia") They believed this was causing a higher number of minorities specifically blacks to be subjected to

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

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

The death penalty has existed in different forms dating back to Eighteenth Century B.C. Burning, hanging, beating, etc. were all means to an end to achieve this retribution. In today’s society, the debate over whether the death penalty is a viable punishment is still to be determined. Many scholars suggest that it fails to act as a deterrent and should be abolished while others cling to the idea that it continues to serve as retribution to those affected by the acts of criminals. Within this paper I will study the changing attitudes towards the death penalty as well as look into Texas and California as examples as they both portray interesting cases of the death penalty. While both actively sentence criminals to death row, California rarely executes while Texas has the highest execution rates in the country. Do these states have lower crime rates because of this or will this prove that the death penalty is unnecessary and violates the eighth amendment and is out of line with current views.

The Gregg vs Georgia (1976) case study is important because the state of Georgia was in the U.S. Supreme Court’s decision that capital punishment (the death penalty) was constitutional so long as the procedures involved in its execution did not oppose the Eighth Amendment to the Constitution. U.S. Supreme Court’s ruling in Gregg vs Georgia which involved a prosecution for a double murder committed in the development of a robbery. The ruling was rejected the legal argument that capital punishment in and of itself establish “cruel and unusual punishment” and thus disregard the Eighth Amendment of the Constitution.

This decline culminated in an unofficial national moratorium on executions in the late 1960’s that became official with the Supreme Court’s decision in Furman v. Georgia (408 U.S. 238, 1972). The decision in Furman officially ended the death penalty in the United States, as then practiced. However, just four years later in Gregg v. Georgia (429 U.S. 1301, 1976), the Supreme Court, citing change in public opinion and the passage of new death penalty statutes by 35 states, reauthorized the use of capital punishment. Despite the reversal, the effect of the decision in Furman was to put states on notice that the Supreme Court would be the ultimate arbiter of all future standards and rules regarding capital punishment administration (Cohen & Newcombe, 2014). At the national level, the 2001 execution of Timothy McVeigh marked the first time the death penalty had been used by the federal government in almost four decades, despite the continuous existence of a federal statute authorizing its use since the inception of the nation (“Federal Executions 1927-20013,” Death Penalty Information Center,

Since Proposition 34, the proposed measures of “pro-death” and “anti-death penalty” have created controversies. In California the death penalty is allowed, but this state has the most inmates on death row. The last time someone was put to death was over 8 years. The death penalty is carried out with lethal injection on inmates with certain crimes punishable for death. Voters with this proposition get the right to choose if prisoners are sentenced to death or life imprisonment without parole. Both options make the inmate work to pay fines to the victims’ families. Although some may argue, California should abolish the death penalty since the system is dysfunctional and a waste of money.

The first known execution was in the colony of Virginia in 1622, by the 1800s the law in the United States not only accepted capital punishment but also required it (“Facts about the Death Penalty” 3). Execution was the automatic penalty for anyone convicted of murder or several other serious crimes. The debate has shifted from whether capital punishment is appropriate in a modern civilized society to questions about the fairness of the trials and the reliability of the results. These questions have contributed to the rise of citizens who oppose the death penalty (“Facts about the Death Penalty” 3). A divided United States Supreme Court also appears to be struggling with several important aspects of the death penalty. Especially vulnerable members of society like children, the mentally ill, and the mentally retarded who are viewed as undeserving

Britain continued to increase the number of capital offenses until the 1700’s. Many laws were passed and then swept away. “Through the nineteenth and twentieth centuries, more and more capital punishments were abolished, not only in Britain, but also all across Europe, until today only a few countries retain the death penalty.” This shows how the value of a human life has been taken into serious consideration and discussion throughout history and even today. Many states in the US have changed their laws based on other state’s decisions. For example, in 1835, Maine stated that “all felons sentenced to death would have to remain in prison at hard labor and could not be executed until one year had passed, and on the governor’s order.” They called it the “Maine Law”. Then in 1907 Kansas took the “Maine Law” a step further and abolished all death penalties. After Kansas, eight more states abolished capital punishment in the year 1911 and 1917. By constantly changing the laws and regulations between states, it shows that as a country we are willing to continually reevaluate our decisions and make changes if we believe they are warranted. These changes may ultimately not be correct, but we the people are always compelled to do what we think is best for

Capital punishment throughout history has had many faces in our society. In the early twentieth century capital punishment was viewed as an integral part of the criminal justice system. In the United States alone approximately thirteen thousand people have been legally executed sine the colonial times (ACLU, 2003). By the 1930's up to 150 people were executed yearly, because of various legal challenges the execution rate was almost zero by 1967. In 1972, the U.S. Supreme Court banned the practice of capital punishment, citing the death penalty as it was practiced, cruel and unusual punishment arbitrarily administered by the courts and thus unconstitutional in Furman v. Georgia (Costanzo, 18). In 1976, in Gregg v. Georgia, the Supreme

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 question of the Gregg vs. Georgia case was “Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment?” (Gregg v Georgia). In a ruling seven-to-two, the courts’ ruling was that the death penalty did not violate the Eighth and Fourteenth Amendment under all circumstances (Gregg v Georgia). Because of the strict guidelines around the death penalty in Georgia, which include the requirement bifurcated proceeding, where the trial and sentencing are conducted separately, and that prior death sentencing is compared to the current trial in questions, “the state assures the judicious and careful use if the death penalty” is chosen (Gregg v Georgia). After almost a decade of no death penalty rulings, the execution of Gary Gregg stopped the state 's concern about ruling this punishment.

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).