Abolitionists's Argument Against The Death Penalty

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, otherwise known as the death penalty, is a controversial subject which has been argued for decades due to the ethical decisions involved. People believe the death penalty is the right thing to do and that it is the perfect example of ‘justice’ while others believe that it is immoral and overly expensive. The death penalty is not a logical sentence for criminals, it doesn’t give them the right type of justice and it is immoral.

The Death Penalty in America has been a talked about issue for some time now. Americans have their own opinions on the death penalty. Some people feel it is too harsh of a punishment, some believe if you take a life you should lose your life. I myself do not believe in the death penalty. To me it goes totally against what Americas was built on God. Even though over the last fifteen years or so we have slowly drifted away from “In God We Trust”. Looking at the death penalty in a whole it was never something that the United States came up with. It was adopted from Britain. (Bohm, 1999)The first ever recorded death penalty in United States history was that of Captain George Kendall in 1608. He was executed for being a spy. The death of Captain Kendall started a chain of other colonies jumping on board for the death penalty. In some colonies they were sentencing people to death for petty crimes, such as steeling, or trading with Indians. Over the years after the death penalty would be reformed and revamped numerous of times. Until it was only used when murder or treason occurred. Matter of fact Pennsylvania was the first state

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

The death penalty till this day remains to be a very controversial topic. Some people may argue that it should be considered a form of cruel and unusual punishment; others may rebuttal in saying that the death penalty is capital punishment. When visiting the idea of placing someone to death one must bear in mind the possibility of condemning an innocent person through such torture, the brutalizing effect on society it may leave, and the serious psychological trauma that a defendants family and friends may face. Is this really what the justice system is willing to place on the line in order to gain a form of so called justice. I mean reasonably speaking what will anyone gain from such an action. It definitely will not bring the harm to be undone. As stated in the encyclopedia under the theory of judicial torture “ the use of torture was confined to capital crimes, for which the death penalty or mutilation could apply” (PIHLAJAM, 2004). Looking at how the death penalty is conducted people should not be treated like animals, given a due time to be put down. No human being deserves such treatment whether or not his or her offense was so horrific and traumatic. Is that not the lesson being taught to society when the criminal is captured? Yet, the law as a jury of peers, men just like the accused, may cast the same sin upon him. Why should this action be considered in any way to be fair or believed to be capital punishment?

The 8th amendment of the United States Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Specifically, the idea of cruel and unusual punishment has been a topic of dispute since its inception. Although the United States practiced execution as a punishment beforehand, “the Supreme Court did not address the death penalty issue until 1972.” It is often debated how we are to define cruel and unusual because of the vague nature of the terms. Because it is thought that the terms were kept vague in order to keep up with new forms of cruel and unusual punishment that would come into being after the constitution was written, the standards for determining what is cruel and unusual has been set by “evolving standards of decency that mark the progress of a maturing society” meaning that it changes depending on what our society deems decent or indecent at the time. The problem is that our society has always been split on this issue. Whether it involves the death penalty or the quality of prisoner confinement, some hold the opinion that these people deserve to be treated as less than human because of the crimes they have committed. Others vehemently disagree saying that everyone, no matter what they’ve done, deserves to be treated as humanely as possible. Those of this opinion are generally opposed to the death penalty. For future interpretation of this facet of our constitution, the cruel and

Historically, executions have been around for a long time. The first established death penalty laws date as far back as the Eighteenth Century B.C. but didn’t make an appearance in the United States until 1608 (Part 1, n.d.). Death penalty is seen as a form of accountability for someone’s action. Most easily understood when you take a life, you lose your life--an eye for an eye. Nonetheless, over time people have started humanizing the situation and creating controversy. The Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty, until the early 1960s, when it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore arguing it as unconstitutional under the Eighth Amendment (Part

“And despite scientific efforts to implement capital punishment in a "humane" fashion, time and again executions have resulted in degrading spectacles, including the botched lethal injection in April 2014 that took more than 40 minutes to kill Oklahoma inmate Clayton Derrell Lockett and prompted Glossip v. Gross” (Heyns and Mendez). Capital punishment is an inhumane and outdated way for punishing criminals. The use of capital punishment is hundreds of years old in America. It is used as a punishment for criminals who have committed a violent crime in which they physically harm others. The point of the death penalty is to show that these kinds of crimes are not tolerated, and to deter criminals from committing these kinds of crimes. Unfortunately

The Death Penalty started in the eighteenth Century B.C. when it was established into the Code of King Hammurabi in Babylon, which codified the the Death Penalty for 25 different crimes.The Eighth Amendment states that the Death Penalty is considered a “cruel and unusual punishment,” which means that the Death Penalty is unfair to the persons getting the Penalty, but is also unconstitutional because it’s a punishment that ends the lives of people. So really you are killing the person that killed another or more, and you are just adding to the death toll. I oppose the Death Penalty because it could put innocent lives to death and costs way too much the country could afford to use.

The eighth amendment claims that there would be no cruel and unusual punishment. Furthermore, Williams writes, “In 1972, the U.S. Supreme Court suspended the death penalty on the grounds it violated the Eighth Amendment’s prohibition against cruel and unusual punishment (2011, 2)”. Supporters of this do not believe that it is fair to kill someone for a crime. The most common forms of executions in the United States are lethal injection, electrocution, and lethal gas. People believe that these ways of execution are in humane, and according to Williams article -- The Cost of Punishment -- “has no place in society”. Also, people who argue the death penalty say that it is a costly alternative to life sentencing in prison. ( quoted material from argues side cost of punishment.) It also says that on average it only takes twenty thousand dollars to keep an inmate in jail for a year, While the death punishment requires much more money to carry out. Whether it be because of the violation of the eighth amendment, or the cost to carry out, the death penalty is not in agreement with all of the American

Whether the capital punishment, the legal punishment that deprives an individual’s life, is constitutional, moral or necessary is constantly debated. Although the United States maintain the retentionist view of capital punishment that executes hundreds of criminals each year, many revolutionists are challenging our current legal system and trying to abolish the use of capital punishment. In this paper, I will discuss the theory of the capital punishment, and the controversial points of the abolitionist and retentionist debate. Siding with abolitionist argument, I will be presenting my arguments beginning with retentionist view, then move into abolitionist rejection. I will also argue against the

     Capital punishment should be viewed as the stripping away of humanity from a person. The death penalty itself should be "executed" because of racial inequities, the concept of murder, the possibility of error, lack of deterrence, the cost, and an overwhelmed legal system. "The goal of capital punishment is revenge" (Introduction 1). Capital punishment is simply an outlet for the bloodlust of the American people (Introduction 1).

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all

The death penalty is faulty in its age and obsolete in its usage, and frankly should be put out of its misery. Capital punishment began its time in the Middle Ages, as people were executed for simply thinking differently from the rest of society. Even now, as we look back on history we find their ways of execution purely barbaric and malicious in all its forms. However, we continue to practice these forms of butchery; the traditional method of execution, hanging, is still an option available in certain states. In addition, couple of states also still allow firing squads, and the electrocution chairs has been readily used throughout the last century. The United States stands as one of the few developed nations with a death penalty still in place. There’s a reason most of the European countries have banned the usage of death as punishment, it’s cruel, unusual and barbaric! Is that the image the U.S. wants to portray the alling regions, one of intolerance and unforgiveness? The United States surpasses those barbaric ways, with its exceedingly advanced ways and state-of-the-art technology, yet it’s one of the only countries left of the Western world that still has

The death penalty is a prosecute that is used to kill criminals that have committed crimes that are so bad they should not be left alive. The idea of putting another human to death is hard to completely fathom. The physical mechanics involved in the act of execution are easy to grasp, but the emotions involved in carrying out a death sentence on another person, regardless of how much they deserve it, is beyond my understanding. Knowing that it must be painful, dehumanizing, and sickening. The Eight Amendment says” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Constitutions). And for the article Changing Views on\\e rate has gone down at a steady from the 1990 to now and that they death penalty is sometimes necessary, and it is our responsibility as a society to see that it is done.