This essay will discuss the various views regarding the death penalty and its current status in the United States. It can be said that almost all of us are familiar with the saying “An eye for an eye” and for most people that is how the death penalty is viewed. In most people’s eyes, if a person is convicted without a doubt of murdering someone, it is believed that he/she should pay for that crime with their own life. However, there are some people who believe that enforcing the death penalty makes society look just as guilty as the convicted. Still, the death penalty diminishes the possibility of a convicted murderer to achieve the freedom needed to commit a crime again; it can also be seen as a violation of the convicted person’s rights going against the Eighth Amendment of the United States Constitution. The Eighth Amendment was ratified on December 15, 1791 and it states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Rossum & Tarr, 2009). However, since the latter part of the 1970’s the United States has proceeded with the execution of 1277 convicted felons (Death Penalty Information Center, 2011). To many people these executions represent a violation of the felon’s constitutional rights and should not have been allowed. On the other hand, if we take an in-depth look, we can see that death caused by electrocution or lethal injection recognizably would not be considered immoral or unjustified provided that the felon was granted a fair trial in a court of law (Bedau, Cassell, 2004). Looking closer, it would seem as if the very ground on which the United States was founded on seems to be shaken by the continuance of the death penalty in over 37 of its 50... ... middle of paper ... ...om https://content.ashford.edu/books/AUPHI200.10.2/sections/sec2.1 NAACP, 2011. A quarterly report by the criminal justice project of the NAACP legal And educational fund, Inc. Retrieved from http://naacpldf.org/files/publications/DRUSA_Winter_2011.pdf Rocha, S. (Author). (2006). For Laci: A mother’s story of love, loss, and justice. Retrieved from http://site.ebrary.com/lib/ashford/Doc?id=10115636 Rossum, R.A., Tarr, G.A. (Authors). American constitutional law, Volume 2: The bill of rights and subsequent amendments (8th edition). Boulder CO, USA: Westview Press, 2009. p. 837. http://site.ebrary.com/lib/ashford/Doc?id=10449817&ppg=862 Zimring, F.E. (Author). (2004). Contradictions of American capital punishment. Retrieved from http://site.ebrary.com/lib/ashford/Doc?id=10085451
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
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.
Since colonial times, approximately 13,000 people have been put to death using the death penalty? How do we know if any of those people were actually guilty? The Bills Of Rights outlines our rights as Americans in the United States. According to the 8th Amendment, there should be no excessive bail or fines nor there any kind of cruel and unusual punishment inflicted. Well that being said does that not go against what the death penalty is and what our 8th amendment stands for? How do you stand? In this paper I will list the reasons on why we should get rid of the death penalty which could really change how you feel on the how you stand.
The Death Penalty practice has always been a topic of major debate and ethical concern among citizens in society. The death penalty can be defined as the authorization to legally kill a person as punishment for committing a crime, this practice is also known as Capital Punishment. The purpose of creating a harsher punishment for criminals was to deter other people from committing atrocious crimes and it was also intended to serve as a way of incapacitation and retribution. In fact, deterrence, incapacitation, and retribution are some of the basic concepts in the justice system, which explain the intentions of creating punishments as a consequence for illegal conduct. In the United States, the Congress approved the federal death penalty on June 25, 1790 and according to the Death Penalty Focus (DPF, 2011) organization website “there have been 343 executions, two of which were women”.
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
Is the death penalty consistent with the Eighth Amendment's prohibition against the imposition of cruel and unusual punishments? This essay will address this question and present a short history of the death penalty in America.
The death penalty continues to be an issue of controversy and is an issue that will be debated in the United States for many years to come. According to Hugo A. Bedau, the writer of “The Death Penalty in America”, capital punishment is the lawful infliction of the death penalty. The death penalty has been used since ancient times for a variety of offenses. The Bible says that death should be done to anyone who commits murder, larceny, rapes, and burglary. It appears that public debate on the death penalty has changed over the years and is still changing, but there are still some out there who are for the death penalty and will continue to believe that it’s a good punishment. I always hear a lot of people say “an eye for an eye.” Most people feel strongly that if a criminal took the life of another, their’s should be taken away as well, and I don’t see how the death penalty could deter anyone from committing crimes if your going to do the crime then at that moment your not thinking about being on death role. I don’t think they should be put to death they should just sit in a cell for the rest of their life and think about how they destroy other families. A change in views and attitudes about the death penalty are likely attributed to results from social science research. The changes suggest a gradual movement toward the eventual abolition of capital punishment in America (Radelet and Borg, 2000).
Few issues have been as hotly argued and controversial as the death penalty, with its many conflicting moral, social and legal implications. Compelling arguments exist in favor of the final punishment, and equally strong arguments exist to end its practice. Furthermore, considering its conflicting history, on the grand scale of the whole world, and in just America, it is unlikely that this issue will be resolved any time soon. In the United States specifically, the issue has great significance to the bill of rights and the 8th amendment, which prevents cruel and unusual punishment. The death sentence, due to the intense debate on its morality and constitutionality, as well as the many conflicting decisions made about it until this day, still is and will likely remain a very controversial issue in the United States.
The death penalty remains a very controversial and highly criticized topic. Both sides argue vehemently from many different angles about the constitutionality, morality, and justice of the death penalty; but, both sides know that there must be some form of punishment for the violent criminals who commit murder. The conflict arises with the question, “what punishment is fair for a convicted murderer?”
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. 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. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
Death Penalty, Right or Wrong? Fear of death discourages people from committing crimes. If capital punishment were carried out more it would prove to be the crime preventative it was partly intended to be. Most criminals would think twice before committing murder if they knew their own lives were at stake.
The death penalty has been an ongoing debate for many years. Each side of the issue presents valid arguments to explain why someone should be either for or against the subject. One side of the argument says deterrence, the other side says there’s a likelihood of putting to death an innocent man; one says justice, retribution, and punishment; the other side says execution is murder itself. Crime is an unmistakable part of our society, and it is safe to say that everyone would concur that something must be done about it. The majority of people know the risk of crime to their lives, but the subject lies in the techniques and actions in which it should be dealt with. As the past tells us, capital punishment, whose meaning is “the use of death as a legally sanctioned punishment,” is a suitable and proficient means of deterring crime. Today, the death penalty resides as an effective method of punishment for murder and other atrocious crimes.
“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.
Capital Punishment is a controversial topic discussed in today's society. Capital punishment is often not as harsh in other countries as we may call harsh in our country. There is a heated debate on whether states should be able to kill other humans or not. But if we shall consider that other countries often have more deadly death penalties than we do. People that are in favor of the death penalty say that it saves money by not paying for housing in a maximum prison but what about our smaller countries that abide by the rule of the capital punishment. If one were to look at the issues behind capital punishment in an anthropological prospective than one would see that in some cases no one would assume that capital punishment here in the U.S. is bad. Now those opposed say that it is against the constitution, and is cruel and unusual punishment for humans to be put to his or her death. I believe that the death penalty is against the constitution and is cruel and unusual punishment. The death penalty is cruel because you cannot punish anyone worse than by killing them. It is an unusual punishment because it does not happen very often and it should not happen at all. Therefore, I think that capital punishment should be abolished, everywhere.