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Essay on death penalty vs capital punishment
8th amendment importance
Essay on death penalty vs capital punishment
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one of the main questions in the court trial for Ricky and Raymond Tison seems to be “do they deserve the death sentence? Would sentencing them to death violate their 8th amendment rights? The 8th amendment says “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” It would be very hard to define a “cruel and unusual Punishment” because when faced with a death penalty they have to look at all the aspect of the case, to see if the death sentence was a just punishment for them. When they sentenced Ricky and Raymond Tison to death, it was something they had to consider. Even though they claimed that they never believed that their actions would have lead to the murder of the Lyons family.
The brothers said that they didn’t think the lyons would be killed, they said that they simply thought they would leave them in the broken car, but after they retrieved water for them when they said, according to “In Our Defense” written by Ellen Alderman and Caroline Kennedy, on a chapter about the 8th amendment “they saw Randy and Gary firing point blank into the Lincoln”. After being apprehended 10 days later with only Randy, Ricky and Raymond surviving, they were put on trial for the murder. All of them were tried separately for the murder of the Lyons, Randy had been tried and sentences to death as the triggerman who had killed the Lyons, 18 years he was executed in 1997. But for Ricky and Raymond being that they did not pull the trigger but participated in the felony that led to the murder, were tried under the Felony-Murder law. According to Law.com a law dictionary, Felony-murder law means “a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder. A typical example is a robbery involving more than one criminal, in which one of them shoots, beats to death or runs over
By the end of the investigation, Dick and Perry were convicted of four counts of murder in the first degree. They were sentenced to death with the intent of hanging them. Lowell Lee Andrews, Ronnie York and James Latham joined Perry and Dick after 5 years on death row. April 14th, 1965, all these men were hung except for Dick in front of a crowd of witnesses. There was many appeals and allegations to mistrial with Dick that’s how he got off without being hung.
Henry and the 38th Street Gang members are soon arrested and charged for the murder of Jose Williams.it was Discriminated against for their zoot suit-wearing Chicano identity, twenty-two members of the 38th Street Gang are placed on trial for the murder, found guilty, and sentenced to life in San Quentin prison. Evidence clearly showed that the Downey Gang was responsible for the death of Jose Williams, but the jury was strongly against the 38th Street Gang members. Despite the efforts of George Shearer (their lawyer), and Alice (their editor), the 38th Street Gang members were unfairly sentenced to time in prison.
A hit was put out on Taylor and Zavala by leaders of the Mexican drug cartel because they were becoming a nuisance. This hit was carried out by the same Latino gang members who had previously done a drive-by shooting of a rival gang. The officers were enticed towards their imminent deaths with a car chase which was set up by the Latino gang members. This chase led them towards an apartment complex which was rigged with many gang members and artillery to ensure that neither Taylor nor Zavala would survive. The two were ambushed, but decided that gunning their way out was their best option.
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
Since the year, 1976 one thousand- three hundred and ninety-two individuals have been sentenced to capital-punishment. The term capital punishment has been coined to kindly identify the death penalty or execution. The death penalty has remained a major controversy for quite some time. Today, one of the most debated issues within the criminal justice system is the issue of whether or not the death penalty should be seen as being an ethical procedure. Prior to the year 1972, it had been seen as being legal. In 1972, the Supreme Court evaluated the terms of the death penalty and ruled it as being unconstitutional (History of the Death Penalty). The right or execution violated citizens eighth and fourteenth amendment rights. Nevertheless, the Supreme Court contradicted themselves in 1976 and reinstated the death penalty. Today, it is up to the states discretion rather or not they are going to permit capital-punishment. Through this essay the reader will read the pros and cons of the death penalty and the writers standpoint in regards to the capital
Tragedy struck Holcomb, Kansas on November 15th, 1959, with the lost of four members of the Clutter family, who were well known in their town. “Of all the people in the world, the Clutters were the least likely to be murdered,” (Capote 85) was what one townsperson said about the widely known family. Their lives were taken by two men named, Richard (Dick) Hickock and Perry Smith. After months of fleeing, Dick and Perry were captured. Over the next couple of years they were through numerous hearings and questioning over the murder they committed. Then the day came where some believed that vengeance was served. Hickock and Smith were both executed by hanging just after midnight on April 14, 1965. Dick and Perry 's mental health was widely discussed
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
Which punishment is crueler, life in prison or the death penalty? This is an issue that many politicians and the average individual debate regularly. The death penalty is the more controversial of the two because the end result is the death of an individual; to many, no one deserves that even when considering their crimes, but to others those individuals got what they “deserved”. Robert Glen Jones Jr., a Caucasian male at the age of 43, was executed about a month ago on October 23, 2013 after being convicted on six counts of first–degree murder, which resulted in the death of seven individuals. Jones is one of 36 inmates in Arizona to have been executed sine 1992, but also another interesting piece to the provocative death penalty subject (Kiefer).
Facts: Richard Gordon escaped from jail, passed three states in the car that they had already stolen; they had two guns in possession. The car that they had started to show engine problems, so they went and looked for another vehicle; they found the Chevelle. Richard Gordon was charged with having committed the crime of "Armed Robbery" He was also accused, with intention to kill, assaulted a police officer. Richard Gordon pleaded not guilty to the charges. He was found guilty of "Armed Robbery."
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.
Incarceration has been the center of the United States justice system ever since the opening of the nation’s first prison. In order to understand how the aspects of the first corrections institutions correlate to later correctional practices seen today. Whether it was temporary or permanent, there has always been some form of detainment for offenders, and they were always held against their will. Imprisonment of offenders in earlier times was done primarily to hold the accused until the authorities determined the offender’s actual punishment. Jails and prisons create a vicious and expensive cycle of crime that usually just end up overcrowding correctional facilities.
"Death row is a nightmare to serial killers and ax murderers. For an innocent man, it 's a life of mental torture that the human spirit is not equipped to survive." A quote by John Grisham that perfectly depicts the conflict associated with capital punishment. Ask anyone what their opinion is regarding the death sentence and you will surely be bombarded with passionate beliefs and convictions on both sides of the debate. What exactly are the pros and cons that come with condemning criminals to die? I will examine deterrence, the costs associated with life in prison versus death row, and how often the wrongly convicted are sentenced to death.
they? - do two wrongs make a right?) but why is it so important that