The Issue of Capital Punishment in the United States
analytical Essay
3442 words
Death Valley: The Issue of Capital Punishment in the United States Should capital punishment be practiced in the United States? This question has been highly debated for many years because of the numerous, often conflicting perspectives from which various parties have attempted to answer it. These parties range from high-ranking politicians seeking to lower the national crime rate to the average United States taxpayer who does not want to see his or her money being spent inefficiently. In addition to such empirical concerns, moral issues such as conceptions of justice arise as well. After examining the history of the issue, its international status, and the arguments of the opposing factions, we will recommend that capital punishment remain in use in those states that want to regulate it, but that reforms are necessary in order to improve its system of implementation. The debate over the death penalty dates as far back as the late 1700s when incarceration became an alternative to killing criminals and gave rise to the abolitionist movement. The abolitionists supported the idea that the state did not have the right to take anyone’s life. Although the death penalty became an important issue in the mid nineteenth century, the civil war shifted more focus towards the anti–slavery movement. It wasn’t until the Progressive Period of the early twentieth century that the capital punishment debate was in full swing. Again between the 1920s and 1940s capital punishment was being used as an intended deterrent to crime. Finally from the 1950s on, capital punishment again became unpopular and since then many nations have banned capital punishment altogether. International comparisons show us that the United States is one of the few i... ... middle of paper ... ...ional Attitudes and the Death Penalty in America.” Criminal Justice Ethics 17, Sum/Fall 1998, no. 2: 19-32. Jackson, Robert M., ed. Sociology: Social Foundations of Public Issues. New York: McGraw- Hill, 2003. Mooney, Brian C. “Democrats Shift on Death Penalty.” Boston Globe 7 December 2003: A12. Pataki, George E. “Death Penalty is a Deterrent.” USA Today March 1997. Paternoster, Raymond. “Myths and Misconceptions About the Death Penalty.” In Jackson 12-54. Rizvi, Haider. “Rights US-Top Democratic Hopefuls Shun Death Penalty Debate.” Global Information Network 14 January 2004: 1. Sourcebook for Criminal Justice Statistics 2002. “Public Attitudes Toward the Death Penalty.” 20 Feb. 2004. http://www.albany.edu/sourcebook/1995/pdf/t246.pdf The Road Atlas ‘O3. New York: Rand McNally, 2003 The Washington Post. www.washingtonpost.com
In this essay, the author
- Opines that capital punishment should be practiced in the united states because of the numerous, often conflicting perspectives from which various parties have attempted to answer it.
- Analyzes how the debate over the death penalty dates back to the late 1700s when incarceration became an alternative to killing criminals.
- Analyzes how the divisiveness stems from the fact that capital punishment is a controversial practice. the plurality of viewpoints reflects the diverse moral upbringings experienced by those with an interest in the issue.
- Explains that politicians support the death penalty because it is a sensitive issue, but the two front-runners for the democratic nomination, john kerry and john edwards, support it.
- Argues that the death penalty is just an appeal to the law of hammarabi. the law is problematically ironic in that it is intended to compensate for the loss of an innocent life.
- Explains that the moral arguments for and against capital punishment have appealing moral cases, and empirical issues come to the fore when one decides which political stance to take.
- Argues that a platform that seeks not simply to maintain but also to improve the system of capital punishment implementation might well result in voters shifting from the camp that prefers life imprisonment without parole.
- Argues that the best way to cut the cost of capital punishment is to reform the legal system in which it operates.
- Argues that strong adherents to the "death is different" claim might respond to proposed reforms by maintaining that the penalty phase and appeals process are necessary to ensure that only those who deserve to die are executed.
- Argues that there is no shortage of evidence against the claim that capital punishment is a better deterrent than life without parole.
- Argues that alternative to the death penalty is life imprisonment without the possibility of parole. public opinion is split between capital punishment and life without parole, and arguments on both sides have already been rehearsed.
- Argues that cutting government funds and investing extra money in crime prevention programs is an alternative to capital punishment, but the extent to which these anti-crime policies are true alternatives is dubious.
- Argues that the debate over whether or not the united states should implement capital punishment is terribly difficult to decide conclusively. those who oppose it on strictly moral grounds are unlikely to be persuaded.
- Describes grant, stefanie, "a dialogue of the deaf?" new international attitudes and the death penalty.
- Cites the sourcebook for criminal justice statistics 2002. "public attitudes toward the death penalty."
- Explains that most politicians support the death penalty to some degree, as public opinion polls show that the majority of americans favor capital punishment.
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- The Death Penalty Debateanalytical essayIn the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately represent both sides of the argument. Proponents of capital punishment persuasively argue that a “central principle of a just society is that every person has an equal right to life, liberty, and the pursuit of happiness” (Cauthen, p 1). Within this principle, the deliberate (premeditated) murder of an individual is viewed as a heinous act, which prevents the person from realizing his or her right to pursue happiness. They strongly feel that persons convicted of first-degree murder must, themselves, pay the ultimate price. They claim that the death penalty must be imposed in order to maintain the moral standards of the community. Proponents of capital punishment are people who oppose the death penalty are fearful that innocent people may be wrongfully executed. They insist, however, that numerous “safeguards” are built into the criminal justice system which insures the protection of those facing capital punishment. Among the safeguards are: 1. Capital punishment may be imposed only for a crime for which the death penalty is prescribe by law at the time of its commission. 2. Persons below eighteen years of age, pregnant women, new mothers or persons who have become insane shall not be sentenced to death. 3. Capital punishment may be imposed only when guilt is determined by clear and convincing evidence leaving no room for an alternative explanation of the facts. 4. Capital punishment may be carried out only after a final judgment rendered by a competent court allowing all possible safeguards to the defendant, including adequate legal assistance. 5. Anyone sentenced to death shall receive the right to appeal to a court of higher j...
In this essay, the author
- Argues that both proponents and opponents of capital punishment present compelling arguments to support their claims. they argue that the death penalty must be imposed to maintain the moral standards of the community.
- Explains that capital punishment is only imposed for a crime for which the death penalty is prescribed by law at the time of its commission.
- Explains that the international court of the hague, the united nations, amnesty international, and the texas conference of churches are waging a determined struggle against the death penalty.
- Argues that the united states is out of sync with most other countries, since it is the only western industrialized nation to practice capital punishment.
- Argues that the use of the death penalty has been shown to be racist and class-biased in its application.
- Argues that the death penalty is racially biased and reserved for the poor.
1625 wordsRead More - Preserve or Outlaw?analytical essayCapital punishment has been one of the most controversial issues in American history. Its complex history demonstrates how controversial the subject is. Capital punishment is the verdict of execution as a punishment for a person or persons convicted of committing a crime. In 1972, the Supreme Court determined that capital punishment violated the 8th Amendment of the United States Constitution’s prohibition of cruel and unusual punishment. However, this ruling did not last for long. In 1976, the court reestablished capital punishment as a legitimate means for punishment for criminals convicted of heinous crimes (Williams). Since that time, 1,271 people have been executed as a result of a guilty verdict. Yet, 138 people in 26 states have been exonerated from death row with evidence proving their innocence, while many more have been executed despite evidence indicating possible innocence. In the United States, 34 states have the death penalty in place, while 16 states prohibit it (Death Penalty Information Center, “States With and Without the Death Penalty”). This shows the indecisiveness among the states on whether or not capital punishment should be allowed or outlawed. Capital punishment should be outlawed due to the fact that it does not diminish crime rates; it is more costly than keeping criminals in prison for life, and most criminals on death row do not receive proper representation in order to justify their innocence.
In this essay, the author
- Analyzes how the supreme court ruled capital punishment violated the 8th amendment of the united states constitution's prohibition of cruel and unusual punishment. since 1976, 138 people have been exonerated from death row with evidence indicating their innocence.
- Argues that the death penalty alone does not deter crime rates and may even increase them.
- Explains that the high cost of capital punishment could be eliminated with the abolishment of the death penalty.
- Explains that the constitution requires a long drawn-out process in order to assure that criminals aren't wrongly convicted of crimes. however, even with this in place, incorrect verdicts still occur.
- Argues that the lack of quality representation from public attorneys that death penalty defendants receive exhibits one of the flaws in the justice system.
- Analyzes how o'connor's statements regarding the insufficient representation of public attorneys illustrate the unfairness of the death penalty.
- Argues that the death penalty is not an effective way to deal with those who have been convicted of murder or other crimes considered punishable by death.
- Explains barnes, steve, and gale opposing viewpoints in context. the new york times 30 oct 2003: n. pag.
- Explains the california commission on the fair administration of justice. the high cost of the death penalty.
- Cites the dallas morning news, "quality of justice: defense called lacking for death row indigents but." death penalty information center.
- Describes the costs of death penalty in the death penalty information center.
- Analyzes the death penalty information center's death penalty representation.
- Analyzes the death penalty information center's murder rates national and by state.
- Explains that states with and without the death penalty. death penalty information center.
- Analyzes lamperti, john, "does capital punishment deter murder?" dartmouth university, 2010.
- Analyzes van den haag, ernest, and academic search premier's article, "the ultimate penalty."
- States that williams, richard, “the cost of punishment.” state legislatures 37.7 (2011): 55-56.
1746 wordsRead More - An Examination of The Death Penaltyopinionated essayBedau, Hugo Adam., and Paul G. Cassell. Debating the Death Penalty: Should America Have Capital Punishment? : the Experts on Both Sides Make Their Best Case. New York: Oxford UP, 2004. Print.
In this essay, the author
- Opines that the death penalty is a useful tool when used in the right manner.
- Explains that the death penalty has multiple endings, including firing squad, lethal gas, hanging, electrocution, and the most popular, lethal injection. people argue about whether an execution is humane or inhumane.
- Explains that nitrogen asphyxiation is the best way to execute a prisoner. it has no smell, taste, or color to detect it.
- Opines that a swifter death penalty needs to come into effect. death row inmates have taken advantage of our judicial system.
- Analyzes how the delays leave the inmates, their families, and the families of their victims in a sort of limbo.
- Opines that people on the opposing side could see the death penalty as vengeance and resolution for a victim, that they did not die in vain and that some action of retribution is taken up on their behalf.
- Argues that felony murder should not face the death penalty, but life without parole. doyle skillern from texas was an accomplice in the murder of an undercover agent.
- Opines that the laws that govern the death penalty need to be revised.
- Argues that dna is the strongest evidence you can have, short of videotape. there needs to be a law set forth that puts an execution on hold, until the dna can be tested.
- Explains that eyewitness testimony has an impact on the outcome of a case.
- Opines that the courts, as humans, need to be positive in their convictions before we condemned a man to death.
- States that creque, stuart a., "killing with kindness - capital punishment by nitrogen asphyxiation." pro death penalty resource community, 11 sept. 1995.
- Describes the pros and cons of the death penalty and capital punishment.
1295 wordsRead More - The Pros And Cons Of Capital Punishmentargumentative essayCapital punishment in the United States is a highly debated topic. Arguments that want to get rid of this method of punishment usually mention the many problems that capital punishment is plagued with. The death penalty has many issues that cannot be resolved, and since these issues can’t be solved, the death penalty should be abolished. “The irrevocable nature of the death penalty renders it an unsustainable and indefensible remedy in an imperfect justice system.” (Evans 3) Even though the death penalty has been around since the 18th century, capital punishment has many issues such as wrongful convictions and high costs, proving it should be eliminated.
In this essay, the author
- Argues that capital punishment in the united states is a highly debated topic. the death penalty has many issues that can't be resolved, proving it should be eliminated.
- Describes how a man who was put on death row wrongly stayed there for 3 years before the case was overturned. dna evidence is only obtained in approximately 15% of the cases.
- Opines that dna testing is a lifesaver for wrongly convicted criminals, and that the justice system leading up to capital punishment has many errors in the way they convict people.
- Explains that a judge ruled that california's three-drug cocktail could be cruel and unusual punishment if the drugs failed to do their job and kill painlessly and quickly.
- Compares the costs of capital punishment with non-capital cases and argues that the high costs are one of the reasons why the death penalty might be questioned.
- Compares how much money the state of florida could save if they opted out of capital punishment. the national debt is always a hot topic.
1209 wordsRead More - The Pros And Cons Of The Death Penaltyanalytical essayThe Death Penalty is cruel and unusual, however we still give constitutional acceptance to the federal system. It presents “a relic of the earliest days of penology, when slavery, branding, and other corporal punishments were commonplace. Like those other barbaric practices, executions have no place in civilized society.”(1) It is wrong to advocate the the use of the capital punishment when numerous options are available to those in need of rehabilitation. Three of the most prominent problems with continuing this archaic method of retribution are innocents conflicted with inaccurate verdicts, the death penalty being a state-sanctioned killing that only continues the evolution of violence, and the nation's taxes going towards the purchase of fatal narcotics used in the killings of fellow human beings.
In this essay, the author
- Argues that the death penalty is cruel and unusual, but we still give constitutional acceptance to the federal system.
- Explains that the center of wrongful convictions studied the individual cases of 86 death row exonerees. the evidence pointing to those who are wrongfully accused is overwhelming.
- Argues that the death penalty is arbitrary since it isn't a requirement of justice in the punishment of murderers.
- Opines that capital punishment shows how america clings on to practices used from long ago. rehabilitation is better for the people than life-ending threats.
648 wordsRead More - Persuasive Essay Against Death Penaltyanalytical essayDespite the fact that over 135 countries across the globe have outlawed the death penalty and that there is little evidence to support its use, the United States remains as one of the few major industrialized nations that still execute prisoners. In every society, many cases occur where a criminal must be punished, so that they can be taught a lesson and be stopped from committing future crimes. There are many different ways of punishing criminals: one is the death penalty. The issue of the death penalty has been debated throughout history and even more so recently. Some people support the death penalty, since they say it is only fair for one to forfeit their life if they take the life of another. Many feel the death penalty is unfair, and
In this essay, the author
- Argues that it is a grave mistake to consider the death penalty as the main method to solve cases, or the best way to discourage crime.
- Analyzes how the death penalty creates discrimination and prejudice against the defendant. the naacp, for example, argues that the system values white lives more than black lives.
- Explains that the united states is one of the few major industrialized nations that still execute prisoners. the death penalty has been debated throughout history and even more recently.
- Explains that many people consider capital punishment an evil act, because it is a cruel punishment exacted without just cause.
- Explains that many supporters of the death penalty argue that it will deter violent crime.
1712 wordsRead More - The Banning of Capital Punishmentanalytical essayCapital punishment is a brutal, antiquated concept that must be abolished in the name of civilized society. A humane culture cannot abide the organized extermination of human beings in the name of justice. In the United States, dozens of people are put to death every year like stray animals, only perhaps in less humane ways. The methods of capital punishment vary greatly, but none are publicly accepted as humane. Society's support for the death penalty is waning, but there is still enough support in the United States to keep it legal in many states. The death penalty exercises only the most primal instincts to kill and extract revenge in an organized fashion. This is why the death penalty must be abolished entirely: to allow society to function in a civilized manner in which every person has the right to live. Capital punishment is hypocritical, selection is arbitrary and biased, and the practice itself is cruel and inhumane.
In this essay, the author
- Argues that capital punishment must be abolished to allow society to function in a civilized manner in which everyone has the right to live.
- Analyzes how the government is telling the public that they have the right to extinguish anyone they think is a murderer by enforcing capital punishment.
- Explains that only 0.3 % of those convinced of crimes eligible for capital punishment are sentenced to death.
- Opines that a murderer should be sentenced to life in prison, which is not an enjoyable experience by any measure. the five methods of execution used in the united states are electrocution, hanging, poisoning, gassing and even shooting.
- Argues that capital punishment is morally objectionable because of its cost. the cost of a capital trial combined with the jail term and execution is exorbitantly more expensive than supporting the prisoner for the rest of his life in jail.
- Argues that capital punishment appeals to man's bloodlust and need for revenge. while civilized law in the united states has stated it wrong to simply kill someone deemed "deserving", there are laws that allow the punishment of murder, by murder.
- Argues that the mentality that encourages organized murder in the name of justice is doomed to devour the society that supports it, creating a totalitarian culture governed by paranoia.
1048 wordsRead More - The Re-Integrative Shaming Theoryanalytical essaySince its earliest inception, society has always had in place some form of public accountability, rules, and in some cases, punishment, in hopes to dissuade would be offenders from perpetrating any number of offenses,. It has been a verdict applied for a variety of crimes ranging from the abandonment of soldiers during periods of war, to that of appalling crimes perpetrated by serial killers. Capital punishment has been characterized by some as brutal, disgusting, abnormal, and unnecessary.(Nickolaus Schneider) While some argue for its continued existence, the judgment of death, according to some violates the constitutional ban and is an application of cruel and unusual punishment since it is both discriminatory and arbitrary. Capital punishment could be characterized as an intolerable denial of civil liberties and inconsistent with the fundamental core values of our democratic system. This form of punishment
In this essay, the author
- Argues that capital punishment violates the constitutional ban and is an application of cruel and unusual punishment since it is both discriminatory and arbitrary.
- Explains that the cost of capital punishment has become expensive compared to housing them for life, even when sentenced to life without parole.
- Explains that capital punishment isn't applied as a sentence to the most awful crimes. instead, it capriciously selects its victims based on flawed factors, such as the expertise of the defense in capital convictions, and the geographical place the crime is perpetrated.
- Explains that district attorneys are given the power to accept plea bargains, but mostly reserve these powers to the people that can afford a fighting chance to challenge their charges.
- Explains that the death penalty was ruled ethical by gregg vs. georgia in 1976. racial disparities have been present throughout the existence of this punishment.
- Opines that disparities are prevalent in the application of the death penalty. the only sensible argument left for its continued use would be an effective deterrent to the commission of these heinous crimes.
- Argues that capital punishment cannot be justified on the basis of its deterrent effect. john braithwaite developed the re-integrative shaming theory.
- Explains that those who do not support the use of capital punishment have come to a different consensus. they believe the wrongdoer should pay compensation to the victim’s family unit with their income from employment or through community service.
- Concludes that research to date is not informative about whether capital punishment decreases, increases, or has no effect on the homicide rates.
- Opines that the blind and swift justice of the american legal system is idiosyncratic in that it is impossible to make amends if a mistake was made.
- Explains that countless missteps have been implemented in sentencing people to death in the united states.
- Analyzes how the exoneration of innocent defendants from death row came from many factors, most not involved with the justice structure.
1498 wordsRead More - The Death Penalty Debateanalytical essayThe death penalty is a source of capital punishment that is still being used today in many places including the United States. The death penalty is when someone is killed
In this essay, the author
- Opines that the death penalty is an active source of capital punishment in many places including the united states.
- Explains that the supreme court suspended the death penalty in 1972 due to the furman versus georgia case, but it was reinstated in 1976.
- Describes the five methods used for the death penalty in the united states. burning, crushing, and bladgeoning were the most common.
- Explains that electrocution originated in the united states, where the person who committed the crime is strapped onto a wooden chair. different currents of electricity would be used on the body and the power would alternate.
- Explains that lethal injection is a method of execution that is not actively used, but is it humane?
- Explains that the death penalty has four critical steps that must be followed before execution. these include sentencing, direct review, state collateral review and federal habeas corpus
- Explains that mitigating factors are the most significant aspect of the legal process in all cases having to do with the death penalty.
- Explains that the death penalty is a cruel and unusual punishment, but there are other ways for someone to pay for their actions.
- Analyzes how the death penalty is dying, and how some experts see a social shift.
1100 wordsRead More - The Debate over Capital Punishmentargumentative essayIntroduction Death penalty or capital punishment is an issue which is quiet debatable. It is an issue that has divided the world socially and morally. There are both supporters as well as people who are against it. Due to human rights communities and lawmaker’s struggle much debate has been done on this issue. Capital punishment laws have been removed from most of the countries including Europe.
In this essay, the author
- Analyzes the forensic assessment procedures used to address the psychological question of "can a mental illness save an individual from capital punishment."
- Explains that people suffering from a psychological disease may be more exposed to police pressure and more likely to provide false confessions. empirical researches describe that suggestibility, impulsivity, deficits in cognitive processing, extreme compliance and delusions are related with psychological diseases.
- Explains that a suspected offender suffering from schizophrenia must be capable to go through court punishment in accordance with the constitution of america.
- Explains that madness is fundamentally a protection to the offense that must be demonstrated and raised by the resistance. the m'naghten test asks whether the suspected wrongdoer was unable to comprehend what he or she was doing.
- Explains that most capital murder statues require the state prove ahead of a logical suspicion that the suspected offender specifically aimed to murder the victim.
- Explains that proof of psychological disease may be important for capital suspected offenders at the trial's punishment stage.
- Explains that the supreme court of america prohibited the capital punishment of people with psychological retardation in the case of virginia v. atkins.
- Explains the difference between the death penalty and mental illness contexts addressed in kennedy, roper and atkins.
- Concludes that capital punishment is not necessary to implement peace in a society. there are other ways to prove justice by implementing other punishments.
- Argues that capital punishment is an act of violence against humanity and morality, and that it should be legally recognized everywhere.
- Explains that death sentence and mental not wellness are related to each other in a great context. the aclu is committed to challenging the application of the death penalty to individuals suffering from acute mental illnesses.
- Disagrees with the eighth amendment's view that the death penalty violates deterrability and culpability.
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