"I have never heard a murderer say they thought about the death penalty as consequence of their actions prior to committing their crimes" (Gregory Ruff, The Rutherford Institute). The Bill of Rights, ratified in 1791, prohibits “cruel and unusual punishment” in the eighth amendment. However, the phrase “cruel and unusual punishment” is disputed today. According to dictionary.com, the definition includes “torture, a deliberately degrading punishment, or punishment that is too severe for the crime committed.” In 2006, California ruled that lethal injection held a risk that “an inmate will suffer pain so extreme” that it was considered cruel and unusual (History of Capital Punishment in California). Many abolitionists’ hatred toward the death …show more content…
DNA is essential because it is what determines what an organism’s characteristics and identity will be; it 's what makes us human. Even though human DNA is remarkably unique, identical twins have the same DNA. A person’s DNA does not change throughout their life and is found in every single cell in the body. It can help convict or exonerate the person on trial, but only if the biological evidence is properly collected, preserved, and kept from contamination. DNA can be tested on samples of skin, semen, blood, hair follicles, and more. Although forensic and DNA testing has improved and progressed tremendously over the last hundred years, mistakes can still be made. “Even if most of those condemned to die prove to be guilty, if just one innocent person is wrongly executed, that is still one too many” (Whitehead The Rutherford Institute). Over 250 convictions have been reversed nationwide because of inaccurate and faulty DNA testing. Even if a murderer of five people was convicted, and the forensics was spot on, there is no guarantee that it will be 100% correct every …show more content…
Since not every state has capital punishment, the defendant really has a thirty-one out of fifty chance that they will be sentenced to death. Many times the defendant has poor quality of defense. “A study at Columbia University found that 68% of all death penalty cases were reversed on appeal, with inadequate defense as one of the main reasons requiring reversal” (The Facts: 13 Reasons to Oppose the Death Penalty). Just the chance that the accused receives poor defense could mean life or death for them. There is also racial and economic discrimination in utilization of the death penalty. An example that David Bruck uses is Ernest Knighton. Knighton was executed after killing a worker at a gas station. This murder was not premeditated however, almost every other person sentenced to death committed a premeditated murder (Bruck 134-135). About 99 percent of the death-row inmates are men. “Of the 1,058 prisoners on death row by Aug. 20,1982, 42 percent were black, whereas about 12 percent of the United States population is black” (American Magazine). Now of the 1,418 executions since 1976, over half (55.4%) of the defendants executed have been white. The current U.S. death row population is 42% African American, 43% white, 13% Latino, and 2% other (Death Penalty Info). Since the 1970’s the death penalty has balanced out the racial
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
A significant aspect of the eighth amendment to the United States Constitution is that the infliction of cruel and unusual punishments is prohibited. However, interpretations of the definition of what a cruel and unusual punishment consists of have become extremely ambiguous. For example, many argue that the death penalty is unconstitutional because it is cruel to take another person’s life willingly; however, others argue that it is acceptable if it is done in a controlled and humane manner. Over the course of the United States history, punishments have ranged from public whippings
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
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.
Most death row inmates are members of minority groups that tend to be poor. The fact they are on death row can be explained as a direct result of their marginal economic status. These alleged criminals receive legal representation that is not adequate for the serious crimes of which they are accused, simply because they cannot afford to pay for expensive defense attorneys (The Death Penalty). In virtually all cases of indigent defendants, underpaid and less experienced Public Defense attorneys are appointed by the court to represent the accused. Investigative monies are usually limited or nonexistent. This is one reason why minorities are over-represented on death row. More affluent white defen...
Racial Disparities in the Criminal Justice System “We simply cannot say we live in a country that offers equal justice to all Americans when racial disparities plague the system by which our society imposes the ultimate punishment,” stated Senator Russ Feingold. Even though racism has always been a problem since the beginning of time, recently in the United States, there has been a rise in discrimination and violence has been directed towards the African American minority primarily from those in the white majority who believe they are more superior, especially in our criminal justice system. There are many different reasons for the ethnic disparities in the criminal justice system between the majority and the minority, but some key reasons are differential involvement, individual racism, and institutional racism to why racial disparities exist in Institutional racism is racism that is shown through government organizations and political institutions. In a report done by David Baldus in 1998, he discovered that when it comes to the death penalty, blacks are more likely sentenced to death than whites, and those who kill whites are more likely to be given the death penalty than the killing of blacks (Touré).
DNA in forensic science has been around for a long time. DNA has had help in solving almost every crime committed. There have been a lot of crimes where people are raped or murdered and the person who did it runs free. Scientists can collect the littlest item they see at the scene, such as a cigarette butt or coffee cup and check it for DNA. People have spent years in jail for a crime they didn’t commit till DNA testing came into effect. People are getting out of jail after 20 years for a crime they didn’t commit, cause of the DNA testing. DNA has helped medical researchers develop vaccines for disease causing microbe. DNA has become a standard tool of forensics in many murders and rapes.
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,
Although the United States system is based on the connotation of innocent until proven guilty and justice being blind to things such as race, ethnicity or social class (Kornblum & Julian), evidence proves otherwise. Racially discriminatory sentencing in non-capital cases demonstrated that young, black and Latino males receive a much harsher sentence, especially if unemployed compared to white offenders. The race of the victim also dictates the sentence. If the victim is white, than the black offender is much more likely to receive a harsher sentence than blacks who commit crimes against blacks. If the murdered victim is white, the offender has higher probabilities of receiving the death penalty (The Sentencing Project). Race is an indisputable factor in the sentencing process and teaches that black lives are not as important as those of
Deoxyribonucleic acid (DNA) is an acclaimed extraordinary discovery that has contributed great benefits in several fields throughout the world. DNA evidence is accounted for in the majority of cases presented in the criminal justice system. It is known as our very own unique genetic fingerprint; “a chromosome molecule which carries genetic coding unique to each person with the only exception of identical twins (that is why it is also called 'DNA fingerprinting ')” (Duhaime, n.d.). DNA is found in the nuclei of cells of nearly all living things.
The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was "cruel and unusual" punishment (Amnesty International). In the 1970s, the executions by year dropped between zero and one then started to rise again in the 1980s. In the year 2000, there were nearly one hundred executions in the US (News Batch). On June 29, 1972, the death penalty was suspended because the existing laws were no longer convincing. However, four years after this occurred, several cases came about in Georgia, Florida, and Texas where lawyers wanted the death penalty. This set new laws in these states and later the Supreme Court decided that the death penalty was constitutional under the Eighth Amendment (Amnesty International).
The death penalty ?cruel and unusual punishment.? At one time in history around six hundred people were executed, and in those six-hundred eighty of them were innocent but still executed (Thomas 2). Many people say that the death penalty is lawful. They think that if the punishment is carried out by the government and not by one person it is fine, and it is not cruel and unusual punishment (Carmical 2). Yes, the men who constructed the constitution supported the death penalty, but times have changed and so has the constitution. The constitution should abolish the death penalty (Carmical 5).
A big part of abolitionist’s argument is that the death penalty is not humane. They pull in Amendment 8, “…nor cruel and unusual punishments inflicted.” What the victim went though was indeed “cruel and unusual punishments’.” The murderers’ death is not cruel. The people will demand justice for what he or she has done (Bidinotto 19). Hanging and the electric chair are topics more reasonable to argue, but now because of lethal injection capital punishment has become more humane. The death penalty is not barbaric, the pain and agony that the victim went through is barbaric. Abolitionists were very upset in 1996 when rapist and murderer John Albert Taylor was executed by firing squad; they said his death was barbaric (Feder 32). Charla King, the poor 11-year-old girl he raped and strangled with a telephone cord, her death was barbaric! It makes no sense to think that John Taylor’s’ death was barbaric or inhumane. He would not even hear the bullets shoot out; his victim went through more pain than what any court system could have inflicted on him (Feder 32). In the past people have challenged the death penalty, it has always been denied, lethal injection is fair enough (Johnson 43). There have been inhumane ways in the past; people should be thankful that we use lethal injection instead of using electrocution as first choice (Johnson 43). Honestly, the death penalty is roughly enough pain that can be legally inflicted, they get what they deserve (Bidinotto 19). We will not use the death penalty to get revenge; the legal systems would not tolerate victims’ family using it for revenge. It is to seek justice, not to get even (Bidinotto 20).
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
The people who are now on the death penalty have committed crimes such as murder, rape, and treason. Most people think race plays a role in who is chosen for the death penalty. In reality, these statements saying race is the main role in who is chosen for the death penalty, are not true. 82% of the murder victims are white and 13% are black. This means for every six people who are on the death row, one of them are black. This 6:1 ratio means that the claim that the race of a person depends who is on the death row is false (Akhaven). Another popular claim that is also incorrect, is that the income level of who committed the crimes determines who is put on the death row. Although the wealthy can afford better lawyers, they cannot hide the guilt, facts, and the truth of what really happened. Ernest Van Den Haa from Pros and Cons Community states “Punishments are imposed on persons, not on...economic groups. Guilt is personal. The only relevant question is: Does the person to be executed deserve the punishment? ” In this statement, Van Den Haa is saying that what race you are or how much money you have plays no role in if you are guilty of the crimes you have committed or not. Either way, the death penalty should be given to those found guilty of the crimes they have