The problem lies between, is the death penalty being accepted in murder cases or ruled out completely. While some people feel that Capital Punishment will not discourage crime, Capital punishment should be legalized in all states, because it is morally just and it will deter crime. The many opponents of capital punishment who are against it feel that the death penalty is not a deterrent and that it is barbariaertic of the past. It has no place in a civilized society today. One of the biggest arguments against capital punishment is people feel that it violates the eighth amendment which forbids cruel and unusual punishment.
Still, this misconception of the death penalty as a deterrent is one limp argument constantly trotted out against capital punishment. Many people ask, "If the death penalty is working, why isn't the murder rate falling?" The answer is that the death penalty is a matter of justice and societal preservation. Some crimes so abhorrent, the convict does not deserve to continue living. We do not live completely in the days of Hammurabi's "eye for an eye," but neither have we come close to a crime-free utopia which would allow the end of the death penalty.
Argument for Capital Punishment Since the 1970's, almost all capital sentences in the United States have been imposed for homicide. There has been intense debate among Americans regarding the constitutionality of capital punishment. Critics charge that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah.
In the United States, the death penalty for murder was first abolished in Michigan (1847); Venezuela (1853) and Portugal (1867) were the first nations to abolish it altogether. Today, it is virtually abolished in all of Western Europe and most of Latin America. Elsewhere--in Asia, Africa, and the Middle East (except Israel)--most countries still authorize capital punishment for many crimes and use it with varying frequency (Academic American Encyclopedia, UT CAT). Methods of inflicting the death penalty have ranged from stoning in biblical times, crucifixion under the Romans, beheading in France, to those used in the United States today: hanging, electrocution, gas chamber, firing squad, and the lethal injection. Beginning in 1967, executions were suspended to allow the appellate courts to decide whether the death penalty was unconstitu... ... middle of paper ... ...of criminal execution to set the limits of appropriate punishments.
Furman was arrested and formally charged with murder. From this case, the Supreme Court stated that the use of capital punishment was not unconstitutional (Furman vs. Georgia: Constitution and the Death Penalty). Many opposers of the death penalty say that life in prison is just as good as the death penalty. They also say that a person can change. They would allow a convicted murder the chance for probation and a chance to kill again.
The death penalty however, obviously does not rehabilitate a victim nor does it do a better job at protecting other potential victims than life imprisonment. Since a punishment must inflict harm on an individual, deterrence is the only argument that utilitarians can use to defend the death penalty. The question then ari... ... middle of paper ... ...able to murder someone because twelve rational people in a courtroom decided that it should be so? By the same token, a murderer can claim that their victim had violated their rights and did not deserve to live. Obviously that cannot be rationalized in any manner.
In the early 1990's, 36 states of the United States had laws that permitted the death penalty. These laws were greatly influenced by a 1972 decision of the Supreme Court of the United States which had banned the death penalty as it was then imposed, describing the carrying out of the death penalty as cruel and unusual punishment. But the court left open the possibility that the death penalty might be imposed for certain crimes and if it was applied according to clear standards. After this decision was made, new capital punishment laws were made to satisfy the Supreme Court's requirements. These laws limit the death penalty to murder and to other specified crimes that result in a person's death.
In the case the final sentence was life in prison with no bail and no parole. (Bessler, 12-16 ) The excerpt above is from the book Cruel and Unusual. It later states in this book that if Simmons had received the death penalty then that would have violated his eighth and fourteenth amendment rights. Why is it that a person committing such a heinous crime could receive life in prison when another person committing an equal offence might receive capital punishment? Is it right for the United States to operate a system such as capital punishment?
Opponents of the Death penalty view the death penalty as inhumane and complain that it is irreversible and claim that it lacks any deterrent effect, as have numerous findings and reverse studies claim to show a deterrent effect. There are many organizations worldwide including, Amnesty International, and group native to the United states, such as the American Civil Liberties Union (ACLU), that have the elimination of the capital punishment as their primary purpose (World Heritage Encyclopedia, n.d.). Promoters of the capital punishment contend that it discourages crime, is a suitable tool for police and prosecutors in plea-bargaining. It makes sure that convicted criminals do not offend again and is a fair penalty for terrible crimes such as child killers or serial killers. Rivals of capital punishment contend that not the great majority people are affected by murder want capital punishment, they think using capital punishment discriminates against minorities and the poor, and that it supports a society of violence and that it abuses human rights (Williams, M, 2011).
Tyler Koch ENG 106 Professor Neuendorf July 10, 2016 Argument for Capital Punishment Capital punishment is a form of taking someone 's life in order to repay for the crime that they have committed. Almost all capital punishment sentences in the United States of America have been imposed for homicide since the 1970 's. Ever since the reinstatement after 38 years of being banned, there has been intense debate among Americans regarding the constitutionality of capital punishment. Critics say that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment. Some capital punishment cases require a separate penalty trial to be made, at which time the jury reviews if there is the need for capital punishment.