The Death Penalty Act ( Fdpa )

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.

Capital Punishment, also known as the Death Penalty, has been a part of the United State’s justice system for the majority of the country’s existence. Today, 31 out of the 50 states still recognize the death penalty as a viable option when dealing with high profile crimes, most notably murder and sexual assault. While many people argue that the death penalty should be made illegal, there is also widespread support in favor of keeping the death penalty, leaving the nation divided on the issue. Both sides of the argument possess valid evidence that supports their claims, but in the end, the arguments in favor of the death penalty are noticeably stronger. The death penalty is an appropriate sentence that should continue to be allowed in the

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.

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.

can be granted based on facts plus evidence if there is not enough. Studies state it is likely that

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.

The use of capital punishment in the U.S. is a growing concern for most American citizens. According to statistics, seventy percent of Americans are in support of the death penalty, while only thirty percent are against it. These statistics show that few people are against capital punishment (“Fact” 1). With the use of the death penalty growing the controversy is becoming more heated. With only twelve states left not enforcing it the resistance is becoming futile (“Fact” 4). Many debates have been made and even clauses have been invoked, such as, the “Cruel and Unusual Clause” that was invoked by the Supreme Court in 1962 (Meltsner 179). The use of death as a punishment has been viewed as “cruel

Capital punishment, the state imposed penalty of death, continues to be one of the most controversial issues in contemporary American public policy. Since the earliest days of its employment in the colonial era until today, citizens have struggles with the issue of when and under what circumstances the taking of a human life by the state can be morally or legally justified. For some opponents of the death penalty, the simple answer is that the taking of a human life is always morally and ethically wrong, even when conducted under the auspices of state authority as a legal punishment. In contrast, proponents of capital punishment have contended with equal fervor that the death penalty is morally justified as a form of retributive justice,

“The use of the death penalty in the United States has been rapidly declining since the end of the 1990s” (Dieter, 2015). This is contrast to the believes of the Founding Fathers where “the death penalty was widely accepted at the time the U.S. Constitution and the Bill of Rights were ratified” (Gardner & Anderson, 2014). While the crimes have not changed, aspects of capital punishment which were once viewed as constitutional, today are deemed cruel and unusual. The prevailing liberal view sees the death penalty as morally unjustified and a vengeful form retribution. “It is the most brutal form of state power, requires massive state administrations and it costs significantly more than life imprisonment which is both more humane and equally effective” (Davidson, 2015). They point to the lack of deterrence it provides and highlight the racial and gender biases of the criminal justice system and the potential for the execution of the innocent by the State. In contrast, those in favor of capital punishment see it as a valid, moral and constitutional punishment as punishments should be imposed in proportion to the crime. The death penalty is reserved for the most violent of crimes in society and without it, justice is not achieved for victims and their families. The death penalty must be viewed again as a valid, moral and legal

Against the Death Penalty: An Annotated Bibliography While the Death Penalty has been historically used as a deterrent of crime, it is barbarity, is economically costly, and racially bias in the United States of America. With this research paper, I will explain how the death penalty should be abolish from our judicial system. Death Penalty Information Center. http://www.deathpenaltyinfo.org./ This is a website that gives lots of information about the death penalty from the history, current inmates and trials that could lead to death row.

Capital Punishment has historically divided the United States and its meaning has changed depending on the time period. Capital Punishment, the “punishment by death for a crime,” has existed in societies throughout history. In the United States, the constitutionality of Capital Punishment is a debated topic; but the morality behind the death penalty is an often passionate and intense argument. At the birth of the United States and creation of the Constitution, the Fifth and Fourteenth Amendments have been interpreted to permit the death penalty. While the Fifth Amendment states, “no person shall be deprived of life, liberty, or property without due process of law;” the Fourteenth Amendment restricts “cruel and unusual punishment.” Bruce Nelson,

The United States is a country whose ideals is founded on protecting the rights of its citizens, making sure each action they take will benefit its people without compromising the liberties America had fought to earn. However, once those liberties are compromised, this may lead to protests and violence which in turn may cause large rates of incarceration and possibly death. The issue of capital punishment has existed since the 18th century BC, and it is an issue that will continue until justice and individual liberties find a common ground that they share. With a growing debate over universally banning capital punishment in the states, as shown by 61% of voters in a 2010 poll, or forcing all states to conform to using the death penalty, the

Gerald Eldridge. A convicted Murderer who was convicted of shooting and killing his former girlfriend Cynthia Bogany, and her defenseless nine year old daughter, Chirrisa Bogany. Should he spend the rest of his life in jail? Or should he face the ultimate penalty? In this essay I will endeavor to answer this question. I will do so by giving the demographics of inmates given the death penalty, explaining the process of the death penalty, discussing pros and cons of the death penalty, and ultimately I will explain why it is a necessary evil. Let’s begin by familiarizing ourselves with the demographics of death row.

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

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).