Death Penalty - Herrera vs Collins
The Supreme Court addressed the constitutionality of executing someone who claimed actual innocence in Herrera v. Collins (506 U.S. 390 (1993)). Although the Court left open the possibility that the Constitution bars the execution of someone who conclusively demonstrates that he or she is actually innocent, the Court noted that such cases would be very rare. The Court held that, in the absence of other constitutional violations, new evidence of innocence is no reason for federal courts to order a new trial. The Court also held that an innocent inmate could seek to prevent his execution through the clemency process, which, historically, has been "the 'fail safe' in our justice system." Herrera was not granted clemency, and was executed in 1993..
Since Herrera, concern regarding the possibility of executing the innocent has grown. Currently, more than 80 death row inmates have been released because of innocence since 1973. In November, 1998 Northwestern University held the first-ever National Conference on Wrongful Convictions and the Death Penalty, in Chicago, Illinois. The Conference, which drew nationwide attention, brought together 30 of these wrongfully convicted inmates who were exonerated and released from death row. Many of these cases were discovered not as the result of the justice system, but instead as the result of new scientific techniques, investigations by journalism students, and the work of volunteer attorneys. These resources are not available to the typical death row inmate.
Public Support
Support for the death penalty has fluctuated throughout the century. According to Gallup surveys, in 1936 61% of Americans favored the death penalty for persons convicted of murder...
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... retain the death penalty, including China, Iran, and the United States, all of which rank among the highest for international executions in 1998. (Amnesty International, 1999)
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Sources
Amnesty International, "List of Abolitionist and Retentionist Countries," Report ACT 50/01/99, April 1999
D. Baker: "A Descriptive Profile and Socio-Historical Analysis of Female Executions in the United States: 1632-1997"; 10(3) Women and Criminal Justice 57 (1999)
R. Bohm, "Deathquest: An Introduction to the Theory and Practice of Capital Punishment in the United States," Anderson Publishing, 1999.
"The Death Penalty in America: Current Controversies," H. Bedau, editor, Oxford University Press, 1997.
K. O'Shea, "Women and the Death Penalty in the United States, 1900-1998," Praeger 1999.
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
There are major problems with our criminal justice system. In the last one hundred years, there have been more than 75 documented cases of wrongful conviction of criminal homicide. According to a 1987 Stanford University survey, at least 23 Americans have been wrongly executed in the 20th century. For this very reason, the State of Illinois imposed a moratorium on the state?s death penalty in 2000 when it was discovered that 13 inmates on its Death Row were wrongly convicted. Anthony Porter, one of the 13, spent 15 years on Death Row and was within two days of being executed, before a group of Northwestern journalism students uncovered evidence that was used to prove his innocence.
...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
Thesis Statement: Supporters to the Death Penalty are falling because of the lack of evidence to prove they are doing the right, in contrast the opponents are finding more and more material to abolish the Death Penalty.
Harrison, Brigid C. “Death to Capital Punishment.” The New York Times, Late Edition. New York, New York: Dec. 2, 2007. Print.
Colson, Charles W. “Capital Punishment.” The Rutherford Institute. 11 Nov. 2002. 30 May 2010 .
Guernsey, J. B. (2010). Death penalty: fair solution or moral failure. Minneapolis, MN: Lerner Publishing Group, Inc. Retrieved February 8, 2011 from http://books.google.com/books?id=38slHSsFFrgC&pg=PA125&dq=death+penalty+in+other+countries&hl=en&ei=F6dQTZHLBsm_tgfD7rHBCQ&sa=X&oi=book_result&ct=result&resnum=5&ved=0CD4Q6AEwBDgU#v=onepage&q=death%20penalty%20in%20other%20countries&f=false
One of the most repetitive and controversial topics discussed in the criminal justice system, is the death penalty. Capital punishment has been a part of our nation’s history since the creation of our constitution. In fact, as of January 1st, 2016, 2,943 inmates were awaiting their fate on death row (Death Penalty Information Center). Throughout my life, I have always been a strong advocate for the death penalty. During the majority of my undergraduate degree, I was a fierce supporter of capital punishment when discussing the topic in classes. However, throughout many criminal justice courses, I found myself in the minority, regarding the abolishment of the death penalty. While debating this topic, I would always find myself sympathetic to the victims and their families, as one should be, wanting those who were responsible for heinous crimes to
“Since the reinstatement of the death penalty in the United States in 1976, 138 innocent men and women have been released from the death row, including some who came within minutes of execution. In Missouri, Texas and Virginia investigations have been opened to determine if those states executed innocent men. To execute an innocent person is morally reprehensible; this risk we cannot
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
This essay will show that the United States is on an execution rampage. Since capital punishment was reinstated by the Supreme Court in the 1976 Gregg v. Georgia decision(Gregg), more than 525 men and women have been put to death by the state. More than 150 of these executions have taken place since 1996. 3,500 people are on death row today, awaiting their turn with the executioner. Capital punishment has existed throughout most of the course of our nation's history.
Fein, Bruce. "Individual Rights and Responsibility - The Death Penalty, But Sparingly." Speech. American Bar Association. Feb. 2003. Web. 20 Nov. 2013.
---- World Book Online Americas Edition. Ed. Franklin E. Zimring. Capital Punishment. 17 Apr 2002 14 Apr 2002.