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Pros And Cons Of Death Punishment

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In terms of the death penalty, certain crimes do deserve this punishment, under specific circumstances. Heinous crimes, such as the murder of the 1st and 2nd degree and rape, should be punishable by death. However, this punishment shall only occur so long as the criminal(s) pass both the M'Naghten Rule and the Durham Rule. In the gruesome murders of the Clutters’ family, Perry Edward Smith and Richard Eugene Hitchcock were both deemed perfectly sane under both rules, showing that both men deserved the death penalty. Although there is plenty of proof that Hitchcock was sane, there is also enough evidence to prove that Smith was mentally unstable. Due to this evidence, Hitchcock rightfully got what he deserved, while Smith was wrongfully done. According to Cornell Law School, the M’Naghten Rule is when a defendant is claimed to be innocent when “at the time of committing the act, the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong”(“Insanity Defense”). In Layman’s terms, an accused is deemed innocent if he/she does not know right from wrong and/or does not know what he/she is doing at the time of the crime. In regards to Richard Hitchcock, he is not protected under this said rule. Proof that Hitchcock knew what he was doing and knew it was wrong is expressed in C J Lewis’ article of “Hitchcock v. State.” His

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