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Capital Punishment on Trial
Capital Punishment is an issue that has been argued over from the dinner table in
the average American home the the oval office in the White House for countless amounts
of years. The opposing sides each state their claim on why we should, or shouldn't allow
the death penalty to be administered to those criminals who the courts believe should be
killed. Each argument has very valid reasons on why the death penalty is right and wrong,
and they both have convincing points to prove their argument. The social problems within
capital punishment vary from it being morally right or wrong, humane or inhumane, to the
excessive time and money that is spent during appeals and stays of execution. This paper
will focus on the problem of the justice system, and why we should and should not grant
numerous appeals and stays of execution.
Capital Punishment has been around since the days of Christ, and its results have
not changed, only the way capital punishment is administered has. States such as
California use the gas chamber as the means to end the convict's life, while Texas and
Florida have used the electric chair in the past, the remedy for death is now by using
leatheal injection to end the convicts life. Death has always been used as a way to deter
criminals from engaging in criminal activity. In the days of the old west, a man would be
hung if he was caught stealing another mans horse, and during the Cold War, death would
be handed down if you were convicted of treason against your country in many of the
nations involved. Today though, the death penalty is given in a selected amount of murder
cases where the jury or judge feels that it is the only way to go about giving the murderer a
just sentence, and that life in prison sentence would be to lenient. In 1995, prison
authorities saw the largest number of state mandated killings since 1957, and with more
that 3,000 inmates on death row in this country, and several legislative moves to cut the
appeals process, a execution boom seems imminent (Bruderhof 1996).
Pain. Anger. Frustration. Hatred. These feeble words do not describe the anguish
felt by the families of murder victims. Ted Bundy was responsible for the deaths of more
than fifty young women across the United States (Lamar 34). Bundy was finally sentenced
to death by the st...
... middle of paper ...
...e learned in chapter 9, future strategies to curve the social problems in judicial
reform would be to provide swift, certain, and fair punishment. Swift punishment can be
applied by the deduction of paroles and stays of executions. Certain punishment would
prove that if a certain criminal deed is done, that the justice system will make sure the
criminals know that they will be convicted. And fair punishment would be that of an eye
for an eye type of punishment. If a murderer has such disregard for a human life that he is
willing to take it, why should we have such high regard for his own.
Bibliography
BJS Justice Statistics Clearinghouse. September 1992
Bruderhof Foundation. 1996. Plough Publishing House. (Transmitted from Netscape).
Dionne, E.J., Jr. "Capital Punishment Gaining Favor As Public Seeks Retribution."
Corrections Today. August 1990: 178-182.
Lamar, Jacob V. "I Deserve Punishment." Time. February 1989: 34.
Norman, Jane. "Iowa remains on shrinking list of states without the death penalty." The
Des Moines Registar. 4 September 1994: 1.
"PD Chiefs: Death Penalty Fails." 23 February 1995.
Notwithstanding issues of morality, the death penalty process of California is financially inefficient and ineffective. At the current rate of executions, “it would take 1,600 years to execute everybody on death row.” [The Death of the American Death Penalty, 122] The average delay in implementing a death sentence calculates out to be 25 years, at an added cost of $90,000 per year over normal incarceration. [Guy, 2] This is a “premium that currently totals more than $60 million a year” [Guy, 2]. When you take the added costs of death row incarceration and total them up with the additional costs of prosecution and the handling of the many legal appeals death row inmates are entitled to, the unnecessary amount of spending is significant. We could eliminate “$126 million a year” in additional costs by simply sentencing death row inmates to life imprisonment without the possibility of parole. [Guy, 2] Because of the afo...
Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offence or a capital crime. In those jurisdictions that practice capital punishment, its use is usually restricted to a small number of criminal offences, principally, treason and murder, that is, the deliberate premeditated killing of another person. In the early 18th and 19th century the death penalty was inflicted in many ways. Some ways were, crucifixion, boiling in oil, drawing and quartering, impalement, beheading, burning alive, crushing, tearing asunder, stoning and drowning. In the late 19th century the types of punishments were limited and only a few of them remained permissible by law.
Capital Punishment Essays - For the Common Good. Putting to death people judged to have committed certain extreme Terrible crimes are a practice of ancient standing, but in the United States. in the second half of the twentieth century, it has become a very controversial issue. Changing views on this difficult issue led the Supreme Court to abolish capital punishment in 1972 but later upheld it in 1977. The 'Standard' of the 'Standard' Although capital punishment is what the people want, there are many.
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
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 also known as the capital punishment is used to punish the criminal involving in serious criminal cases. This happens after he or she has been found guilty of a crime by the legal system. This form of punishment is to ensure that the person cannot commit future crimes, and/or as a deterrent to potential criminals. The inmates could choose from the following way of death they are lethal injection, electric chair, gas chamber, firing squad, and hanging. Each of these punishments is inhuman and a violation of the 8th amendment of the Constitution.
Unfortunately, this is not a scene in a horror flick; these are the surroundings of an actual prison execution. As early as the founding of the United States, capital punishment has been a controversial and hotly debated public issue. The three most common forms of death penalties currently used in the United States are the gas chamber, electrocution, and lethal injection. The firing squad is an option in Idaho, Oklahoma, and Utah; and death by hanging still remains an option in New Hampshire and Washington state.
Upon examination, one finds capital punishment to be economically weak and deficient. A common misconception of the death penalty is that the cost to execute a convicted criminal is cheaper than to place a convict in prison for life without parole. Due to the United States judicial system, the process of appeals, which is inevitable with cases involving death as the sentence, incurs an extreme cost and is very time consuming. The cost of a capital trial and execution can be two to six times greater than the amount of money needed to house and feed a prisoner for life. "Studies show incarceration costs roughly $20,000 per inmate per year ($800,000 if a person lives 40 years in prison). Research also shows a death-penalty ease costs roughly $2 million per execution," (Kaplan 2). Capital punishment is extremely expensive and depletes state governments of money that could be used for a wide range of programs that are beneficial. As Belolyn Wiliams-Harold, an author for the journal Black Enterprise, writes that county governments are typically responsible for the costs of prosecution and the costs of the criminal trial, including attorney's fees, and salaries for the members of the courtroom. All this money is spent at the expense of the corrections department and crime prevention programs, which are already is strapped for cash (Williams-Harlod 1). These "financial constraints," such as capital punishment, do not promote a healthy, commercial society, but actually cost and harm the public.
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. In 1982, the first lethal injection execution was performed in Texas. Some other common methods of execution used are electrocution, a firing squad, and lethal gas. In recent years, the US Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 75 percent of Americans support the death sentence as an acceptable form of punishment. The other fourth have condemned it. Some major disagreements between supporters and non-supporters include issues of deterrence,
There are arguments that are for the death penalty and those against it. One of the
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.
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
punishment can be a difficult topic to approach because people tend to have extreme views on it. Capital
provide for the total abolition of the death penalty but allows states wishing to do so to retain the death penalty in wartime as an exception (Facts and Figures…2000). There are several different procedures that are used to execute such as hanging, the electric chair, gas chamber, lethal injection and the fire squad, which is still used in Idaho and Utah (The Death Penalty, 2000). The death penalty is abolished for all crimes under the Human Rights because it is believed to be inhumane, cruel and degrading, but it is still enforced today. The death penalty should also be abolished because the failure to prevent the execution of the innocent and the cost for executions are outrageous.
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.