The Death Penalty is Effective

3147 Words7 Pages

The Death Penalty is Effective

Capital Punishment in this country is a very controversial issue, and has been for quite some time. The history of the death penalty in America dates all the ways back to 1622, where Daniel Frank was executed in the Colony of Virginia for the crime of theft. (UAA) Many more unrecorded executions occurred until the U.S. Bureau of Justice statistics began keeping track in 1930. During that time, there was an average of about 150 executions per year. That number rose until about 1938 then began to decline until 1967, when executions in the U.S. came to a halt. There was no law or court ruling that resulted in this, it was more of a self-induced moratorium on the state level. The legal and moral questions seemed to be coming into play. Then a ruling in 1972 by the U.S. Supreme Court stated that the death penalty under current statutes is 'arbitrary and capricious' and therefore unconstitutional under the Eighth and Fourteenth Amendments. (Furman v. Georgia) That ruling was reached on a vote of five to four, clearly showing how even the U.S. Supreme Court Justices, the highest authority of the law, were torn on the issue. This ruling essentially made Capital Punishment illegal in the United States. This lasted about four years, until another case heard before the U.S. Supreme Court (Gregg v. Georgia 1976) that reinstated the death penalty. It stated that it must be administered with guided discretion, meaning it must be applied fairly and uniformly. Two additional cases brought before the Supreme Court this year (Jurek v. Texas) and ( Proffit v. Florida) upheld the original ruling, that the death penalty is Constitutional. All of these court rulings deal with only the legality and constitutionality on Capital Punishment. However, there are many more fractions to be examined to truly evaluate the effectiveness of the death penalty. The question of morality enters into the equation. Is state sanctioned Capital Punishment moral? Deterrence is also another large factor. Does the death penalty deter capital crimes? Any problems within the justice system have to be reviewed, such as defense for lower income individuals, judges discretion, and discrimination. Public opinion on the subject is a fairly important issue, as the laws in this country should reflect the public interest. The economic cost of the death penalty is of cour...

... middle of paper ...

.... "Wrongful Executions are Unlikely." Opposing Viewpoints . Opposing Viewpoints Resource Center. Shenendehowa Public Library. 24 Nov. 2003

Pataki, George E. "Capital Punishment is a Deterrent." Opposing Viewpoints . Opposing Viewpoints Resource Center. Shenendehowa Public Library. 24 Nov. 2003

Pojman, Louis P. "Unfair Application of Capital Punishment does not Justify Abolishing it." Opposing Viewpoints. Opposing Viewpoints Resource Center. Shenendehowa Public Library. 19 Nov. 2003

Proffitt v. Florida. UAA Justice Center Web Site U.S. Supreme Ct. 1976. 18 Nov. 2003 http://www.uaa.alaska.edu>.

Pulley v. Harris. UAA Justice Center Web Site U.S. Supreme Ct. 1984. 18 Nov. 2003 .

Recent Poll Results from around the Country. 18 Nov. 2003 .

Scalia, Antonin. "The Death Penalty is Legally Just." Opposing Viewpoints. Opposing Viewpoints Resource Center. Shenendehowa Public Library. 19 Nov. 2003

Tucker, William. "Society Needs the Death Penalty to Deter Murderers." Opposing Viewpoints. Opposing Viewpoints Resource Center. Shenendehowa Public Library. 24 Nov. 2003

Woodson v. North Carolina. UAA Justice Center Web Site U.S. Supreme Ct. 1976. 18 Nov. 2003.

Open Document