“The question with which we must deal is not whether a substantial proportion of American citizens would today, if polled, opine that capital punishment is barbarously cruel, but whether they would find it to be so in light of all information presently available.”- Justice Thurgood Marshall Imagine a man who commits murder once, is given a fifteen-year jail sentence and is returned to the streets where he kills again. He is imprisoned again only to be released. This could happen since almost one in ten death row inmates has been convicted of murder at least once. That means that some death row inmates have been given more than one chance to rehabilitate in prison and continue to commit violent crimes. Should the United States justice system continue to let violent criminals back on the streets where they are likely to commit murder again?
Argument for Capital Punishment If it were up to me, every murderer in this country would be put behind bars on death row and have their life taken from them just as they took the life of another. The guidelines of " an eye for an eye" go back thousands of years. Many countries still hold true to these guidelines. Although America doesn't follow the same as these countries, I believe when it comes to murder, they should. Putting people to death for committing murder makes other potential murderers think twice about killing someone.
There is no way to know with complete certainty that a trial involving the death penalty will have an accurate and just verdict every time. In fact a study by James S. Liebman and Jeffery Fagan at Columbia University Law School revealed that “two thirds of all capital trials contained serious errors” (Innocence). Furthermore, when the cases were tried again over 80% did not receive a death penalty sentence, and a small percentage was completely acquitted (Innocence). The reasonable alternative punishment for a convicted murderer is a lifetime sentence without the possibility of parole. This guarantees that the violent criminal is removed from society permanently, but if new evidence or technology were to arise proving their innocence the convicted person would still be alive to see the situation resolved, something that would not be possible if he had been wrongly executed.
Max Soffar, whose mental illness left him particularly vulnerable to giving a false confession, stands convicted and sentenced to death for allegedly killing four victims during an armed robbery in a Houston bowling alley (Thorn, par. 2). The court overturned the conviction in 2004 because during his trial, lawyers failed to argue that Soffars confession contradicted the other evidence in the case, and he ended up on death row (Thorn, par. 4). From two unfair trials to a death sentence, the court ruled that the false confession given by Soffar should stand.
The criminal who commited the crime in almost all cases had to commit first degree murder, which includes some planning of the act. To plan an act of murder and taking someone’s life is beyond emotion, it is psychological and takes some rationalization. If no rationalization takes place, then it can happen again. Another reason that pro-capital punishment argument is that there are innocent men and women sitting on death row that shouldn’t be sentenced to death. Most death row inmates, unless they commit a serious multiple murder have been in and out of jail most of their life.
What I mean by that statement is the convicted inmate murder, kills, and or torture multiple victims, then he/she is caught by the hands of justice and we want to give them the death penalty based upon their records. Now is that justice or us just wanting to crucially punish someone. The death penalty is sometimes a hard subject to talk about, because it is such a touchy subject. So I do support the death penalty, but when it all comes down to it how many people are we really saving if we take one man off of earth versus 50,000 more killers, rapist, and child molesters. No one excepts to be those things when they grow up in life some people do want to live different paths in life but some just do not chose the right
The evidence presented against the defendant was strong where the jury came to the conclusion that he was guilty and should receive the death penalty. Shortly after the trial ended, Hennis and the sheriff received an anonymous letter declaring that Mr. X murdered the Eastburn girls. Hennis awaited on death row for two years before he was released due to the conviction being dismissed. The Supreme Court finally receive... ... middle of paper ... ... the case being a criminal case, personal jurisdiction exercises the court’s power to try the defendant due to him violating the law. The courts had original jurisdiction because they have the power to try a case and determine the outcome.
This sets a standard on how much the courts can take of one person who has been convicted of violent crimes and petty crimes. There are many murders that could have been prevented if this law was enforced before the law was enforced. What brought the idea of this law? A man named Mike Reynolds had a daughter that was going to turn 19 years old. She ended up being murdered on June 29, 1992, in Tower District here in Fresno by a criminal that should have been locked up; he was a repeat felon (Jones).
What is even more abominable than these clear instances of "cruel and unusual punishment," however, is the mounting evidence that many people being convicted of murder, sent to death row, and probably even executed in the United States are simply not guilty. The only way to reasonably evaluate the system without running the risk of executing more innocents in the process is for Congress to issue an immediate national moratorium on executions. On Jan 31, 2000, Governor George Ryan (R-IL), a death-penalty proponent, announced a moratorium on executions in his state until the system is investigated. Governor Ryan had more than sufficient grounds to say that Illinois's criminal-justice system is "fraught with error": Since 1977, when Illinois reinstated the death penalty (following a 1976 Supreme-Court ruling allowing states to do ... ... middle of paper ... ...s-16,000 of them, dating back five years." While rapists can be feed from prison if DNA evidence clears them, executions are irrevocable.
Capital punishment also has great flaws. For example, many innocent people have been put to death because of capital punishment. There also is no consistency. Two of the same crimes can be convicted in two different states and the consequences with be different for both offenders. The death penalty shows to be inadequate in our society with its unfair application among different races.