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Is the death penalty a form of cruel and unusual punishment
Controversial issues regarding the death penalty
Death penalty and ethics
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The death penalty has been a heated topic of debate for many of years. Some people believe that the death penalty is unconstitutional in that it is cruel and unusual punishment. Many people also think that the states do not have the authority to take a life. They think that it is god’s responsibility to judge life and death not mans. So they look at the death penalty from a religious view point. Items that this commission will consider in evaluating the humanity and constitutionality of the death penalty, are is lethal injection a humane way to put an offender to death. We will also consider the constitution to ensure the state follows the constitution. Further, consideration will be given to if the state ensuring that all death penalty offenders being given proper DNA testing to prove their guilt or innocence.
One of the most important things that this commission needs to decide is whether the death penalty violates constitutional rights. Many people have claimed that the death penalty is unconstitutional because the death penalty is cruel and unusual punishment. An example of this is in California when the state delayed the date an inmate was sentenced to die because his lawyer said that the death penalty by lethal injection was cruel and unusual punishment (Hooper, 2006). Michael Morales’ (the man sentenced to death by lethal injection) lawyers state that there were cases with other inmates that did not receive enough anesthetic and therefore felt too much pain while being put to death (Hooper). This doubt raised can create a great concern for any state and that is why the governor has decided to hault executions and put this panel in place.
A good portion of this cruel and unusual punishment will be explaine...
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... Constitution. However, even though the death penalty is more costly, there are people that are simply too dangerous to remain alive. The death penalty also offers deterrence for people who may be considering an awful act. It may prevent someone from robbing a store because there is a chance someone could die in the act, therefore making it a capital punishment. There are pros and cons to the death penalty, but in the end I believe that it should be considered when dealing with the most serious and gruesome criminals.
Works Cited
Allen, H. E., Latessa, E. J., & Ponder, B. S. (2010). Corrections in America (12th ed.). Upper Saddle River, NJ: Pearson.
Hooper, R. (2006). US States Face Dilemma Over Death Row Injections. New Scientist. 189(2541). P. 10.
McGraw, D., & Locy, T. (2000). DNA and the Death Penalty. U.S. News & World Report. 128(23). P.20-21
“DNA Testing and the Death Penalty.” ACLU: American Civil Liberties Union. 3 Oct. 2011. Web. 22 April 2014.
Since 1967, a total of 1392 executions have occurred in the United States ("Executions by Year"). What a shocking amount! This staggering number creates questioning on the topic of capital punishment. Is the death penalty really constitutional? Research and study over the topic leads to the conclusion that capital punishment should not be instituted in the United States for various reasons. The death penalty is immoral, unconstitutional, and inaccurate due to human errors.
This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?
There are over sixty offenses in the United States of America that can be punishable by receiving the death penalty (What is..., 1). However, many individuals believe that the death penalty is an inadequate source of punishment for any crime no matter how severe it is. The fact remains, however, that the death penalty is one of the most ideal forms of punishment. There are other individuals who agree with the idea that capital punishment is the best form of punishment. In fact, some of these individuals believe that this should be the only form of punishment.
The Death Penalty is cruel and unusual, however we still give constitutional acceptance to the federal system. It presents “a relic of the earliest days of penology, when slavery, branding, and other corporal punishments were commonplace. Like those other barbaric practices, executions have no place in civilized society.”(1) It is wrong to advocate the the use of the capital punishment when numerous options are available to those in need of rehabilitation. Three of the most prominent problems with continuing this archaic method of retribution are innocents conflicted with inaccurate verdicts, the death penalty being a state-sanctioned killing that only continues the evolution of violence, and the nation's taxes going towards the purchase of fatal narcotics used in the killings of fellow human beings.
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
Colson, Charles W. “Capital Punishment.” The Rutherford Institute. 11 Nov. 2002. 30 May 2010 .
In conclusion, our justice system is full of flaws and proves to show why the death penalty should be abolished. The reasons for it to be abolished include: financials cost, long drawn out process, more effective sentencing styles, the conviction and execution of an innocent person and the violation of the “cruel and unusual” punishment clause in the Bill of Rights. While the death penalty may seem like the right thing to do under the philosophy of “Eye for Eye”, it only encourages the ongoing process of criminal behavior. Our criminal justice system is blurred and sometimes ineffective when it comes to certain cases. Moreover, justice can be bought rather served.
This essay will discuss the various views regarding the death penalty and its current status in the United States. It can be said that almost all of us are familiar with the saying “An eye for an eye” and for most people that is how the death penalty is viewed. In most people’s eyes, if a person is convicted without a doubt of murdering someone, it is believed that he/she should pay for that crime with their own life. However, there are some people who believe that enforcing the death penalty makes society look just as guilty as the convicted. Still, the death penalty diminishes the possibility of a convicted murderer to achieve the freedom needed to commit a crime again; it can also be seen as a violation of the convicted person’s rights going against the Eighth Amendment of the United States Constitution.
Since the 13 colonies were first established in America, the death penalty has been the main form of capital punishment as a firmly deep-rooted institution in the United States. Today, one of the most debated issues in the criminal justice system is the issue of capital punishment. While receiving disapproving viewpoints as those who oppose the death penalty find moral fault in capital punishment, the death penalty has taken a very different course in America while continuing to further advancements in the justice system since the start of the new millennium. While eliminating overcrowding in state jails, the death penalty has managed to save tax payers dollars as well as deteriorate crime and apprehend criminals.
Pasquerella, Lynn. “The Death Penalty in the United States.” The Study Circle Resource Center of Topsfield Foundation. July 1991. Topsfield Foundation. 03 Feb 2011. Web.
Singer, Julie A. "The Impact Of Dna And Other Technology On The Criminal Justice System: Improvements And Complications."Albany Law Journal Of Science & Technology 17.(2007): 87. LexisNexis Academic: Law Reviews. Web. 10 Mar. 2014.
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
The death penalty deters murder. The death penalty is the best way to stop a killer from killing someone else. Some say that prison is enough, but it isn’t. Death is necessary because if they are only sent to prison there is always the risk that some day the same killer that brutally killed a 5-year old or raped and strangle a college student might return to the streets.
The heaviest punishment towards convicts is death penalty in law. It means to atone for an offense is dead. Of course, it will not execute for every criminal. Death penalty is only for felons. For example, a people who murdered someone would not get the death penalty. The death penalty is for murders who related to the smuggling of aliens or committed during a drug-related drive-by shooting. Sometimes, however, the felons also can avoid the death because some countries (or actually states) don’t allow death penalty. Then, what decision would the convict get? It is a life sentence, which means the prisoner should be in a prison until he or she dies. However, it is not good idea to keep felons. Death penalty should be allowed and get more active because life sentence is costly, unsafe, and insincere for a victim and the family.