Capital Punishment Essay - The Death Penalty

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The Death Penalty

The death penalty is a very controversial issue. Many people have

different opinions about how a criminal should be disciplined. Over 80% of

Americans favor the death penalty.

Presently, thirty-eight states have the death penalty, but is the concept of "a

life for a life" the best way to castigate a criminal? Of the thirteen states

that do not have the death penalty, is crime more likely to occur there than in

states that have the death penalty? (The Economist, April 1, 1995, p. 19) Have

there been criminals wrongfully convicted and sentenced to death row? Does the

death penalty really scare criminals off and make them think twice about

committing a crime? Is the death penalty fair to everyone, even the minorities

and the poor? How does mental illness and retardation come into play?

When a person is sentenced to death by lethal injection in New Jersey,

the provisions of N.J.S. 2C: 11-3 say that the "punishment shall be imposed by

continuous, intravenous administration until the person is dead of a lethal

quantity of an ultrashot acting barbiturate in combination with a chemical

paralytic agent in a quantity sufficient to cause death." Prior to the lethal

injection, the person shall be sedated by a licensed physician, registered nurse,

or other qualified personnel, by either oral tablet or capsule or an

intramuscular injection of a narcotic or barbiturate such as morphine, cocaine,

or demerol. In the provisions of the N.J.S. 2C: 49-3, it says that the

Commissioner of the Department of Corrections determines the substances and

procedure to be used in execution. The Commissioner shall also designate

persons who are qualified to administer injections and who are familiar with

medical procedures, other than licensed physicians. Also, persons conducting

the execution must be unknown to the person being executed. Under the N.J.S.

2C: 49-7, only certain people are allowed to be present at the execution. They

include: the Commissioner, execution technicians, two licensed physicians, six

adult citizens, no more than two clergymen not related to the person, two

representatives from major news wire services, two television representatives,

two newspaper representatives, and two radio representatives. No one related

either by blood or by marriage to the person being executed or to the victim is

permitted to be present during the execution. (New Jersey Statutes Annotated:

Title 2C Code of Criminal Justice: 2C: 37 to 2C: End)

There are two very important Supreme Court cases dealing with capital

punishment. In 1972, in the case of Furman vs. Georgia, the Supreme Court ruled

that under then existing laws, "the imposition and carrying out of the death

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