...Name Tutor Course Date Federal Death Penalty Law Death penalty is advocated for by the state legislature or congress in cases of murder and certain capital crimes. A ruling from the Supreme Court rules that the death penalty does not violate the Eighth Amendment’s ban regarding unusual and cruel punishment. However, the Eighth Amendment shapes the procedures to be employed by the jury regarding the use of the death penalty. According to the U.S. Supreme Court’s law, a penalty given to the defendant should be proportional to the kind of crime committed. Contrary to this, the punishment will have violated the Eighth Amendment, which is against unusual and cruel punishment (U.S. Department of Justice 3). The Supreme Court has to consider a number of factors in determining whether a death penalty is the appropriate penalty in the case. First, the court has to consider the gravity and severity of the penalty. Second, the court has to consider the jurisdiction under which other criminals are punished. Finally, the court has to consider the jurisdiction under which the same crime cases are punished. The defendant is granted a death sentence penalty in certain circumstances. First, in the event that he/she is charged guilty of a crime committed and capital sentence is the only legal authorized sanction. Second, if the defendant is found guilty of intentionally killing the victim. Finally, if the case presents several aggravating factors that feature in the statutory list...
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...Name Tutor Course Date Federal Death Penalty Law Death penalty is advocated for by the state legislature or congress in cases of murder and certain capital crimes. A ruling from the Supreme Court rules that the death penalty does not violate the Eighth Amendment’s ban regarding unusual and cruel punishment. However, the Eighth Amendment shapes the procedures to be employed by the jury regarding the use of the death penalty. According to the U.S. Supreme Court’s law, a penalty given to the defendant should be proportional to the kind of crime committed. Contrary to this, the punishment will have violated the Eighth Amendment, which is against unusual and cruel punishment (U.S. Department of Justice 3). The Supreme Court has to consider a number of factors in determining whether a death penalty is the appropriate penalty in the case. First, the court has to consider the gravity and severity of the penalty. Second, the court has to consider the jurisdiction under which other criminals are punished. Finally, the court has to consider the jurisdiction under which the same crime cases are punished. The defendant is granted a death sentence penalty in certain circumstances. First, in the event that he/she is charged guilty of a crime committed and capital sentence is the only legal authorized sanction. Second, if the defendant is found guilty of intentionally killing the victim. Finally, if the case presents several aggravating factors that feature in the statutory list...
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...Benefits of the Death Penalty? Category: Neurolaw Class Published: June 5, 2015 Are there any benefits to society from the death penalty? Upon further investigation, the benefits usually cited for the death penalty don't seem to actually make any difference in society today. For example, it is often claimed that the death penalty is a deterrent to murderers, but many studies have shown that the death penalty is no greater deterrent than prison to murderers[1]. States that do not allow or only very rarely use the death penalty have lower murder rates than the states that use the death penalty most often[1, 2, 3]. It is also much more expensive to sentence criminals to the death penalty rather than life in prison in all states that reported such information[4, 5]. While the death penalty could have benefits for society, those benefits are absent in the current system. And if society is not benefiting, and the criminals are not benefiting from capital punishment, maybe the system should be changed. What does neuroscience have to say about this? In the past several years, neuroscience has played a larger role in the court system, especially in capital punishment cases[6, 7]. Most lawyers and defendants presenting neuroscience evidence in court are looking for mitigating factors in the brain that may reduce sentencing from death, to life in prison, or possibly even lighter sentencing. But unless the brain abnormality is treatable, should we revoke the tougher sentence for the...
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...Assignment #7 Death Penalty Valerie Miller A. Reading: Chapter 5 B. Answer the following questions, 1 pt each unless otherwise noted: 1. In the U.S., is it legally permissible to execute juvenile and developmentally disabled offenders? Do you believe this should this be changed? Explain why or why not. (2 pts) Currently it is not permissible to execute juvenile and developmentally disabled offenders. As it was found in two court rulings to violate the Eighth Amendment. I do not feel that this should be changed because I feel that the death penalty overall should be abolished. 2. In this chapter, the arguments opposing and in favor of incapacitation, retributive justice, human dignity, and human rights are presented. Discuss which argument(s) you support and why. Which argument(s) do you least support and why? (2 pts) I am in agreement with the human dignity argument that the death penalty lowers us to the level of the criminal. I am in strongest disagreement with Retributive Justice. How can we carry out an “equality of crime and punishment”? As Bentham says, how can one act of violence cancel out the other? And it’s unrealistic to say equality of crime and punishment, because we aren’t going to rape a rapist or burn down the house of an arsonist. 3. Why is there a concern about who receives the death penalty? AND How does Van den Haag respond? (2 pts) Because of the number of innocent people that are executed, and because the death penalty also removes...
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...The Death Penalty; when people hear this term many thoughts and emotions are immediately brought to mind. The death penalty is considered by many to be the harshest form of punishment for crimes against society, but is it too harsh? Many would argue that it is cruel and unusual punishment and that it punishes not just the one convicted but also all of those involved. In this paper we will look at not only the one receiving the punishment but also those involved, including the family of the victim, the jurors, the executioner(s), and the family members of the one being convicted and argue that the sociological impact that the death penalty creates is too devastating for its continued use in the United States. “The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. (deathpenaltyinfo.org)” This is where the term “eye for an eye” originated as well as the belief that the crimes punishment must equal the severity of the crime. United States law was heavily influenced by Great Britain due to Britain maintaining primary control of the original 13 colonies. Currently, in the United States, the Death Penalty is mainly used as a form of punishment for first degree murder however some states still use it for acts of treason. Opposition of the Death Penalty began obtaining a foot hold during the Abolitionist movement when Cesare Beccaria's 1767 essay, On...
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...DEATH PENALTY FOR DRUG TRAFFICKING SHOULD BE ABOLISHED General Purpose : To inform Specific Purpose : To inform my audience about why death penalty should be abolished Organisational Pattern : Topical Order Central Idea : Drug trafficking is indeed detrimental but it should be abolished because there’s a better alternative to it INTRODUCTION I. A lady folded her new clothes and placed them neatly at the head of her bed. Then, she made a green bean soup while placing her Mcdonald’s burger on the stool. She didn’t eat that night. Instead, she spent the night talking to her friends and singing religious songs. That was how Donggui, a lady from China spent her night before undergoing a death penalty the next day II. Drug trafficking is indeed a heinous crime to commit but it would be unfair to subject the traffickers to a death penalty because there’s a better alternative to it III. I have made a thorough research on drug trafficking and the impact of the imposition of death penalties IV. For this topic, I will elaborate on what drug trafficking is, why death penalty should be abolished and what’s a better alternative to death penalty (Transition : Let me begin with enlightening you with what drug trafficking is) BODY I. What is drug trafficking? A. According to section 2 of the Dangerous Drugs Act 1952, drug trafficking is the cultivation, manufacture, distribution and sale of any dangerous drug without any authority 1. The laws relating...
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...Current Event – Role of Special Interest Groups Paper AJS 552 Week 4 The Death Penalty - Public Safety vs. Individual Rights Introduction This paper will focus on the criminal justice system, public safety and civil rights in specific relation to the death penalty as a form of punishment and its effects on society. The execution of criminals and the effects on society are most intriguing and can be debated upon both for and against the issue give a thorough elaboration on criminal executions and the effects on society. In this day and age, research not only illustrates that the death penalty is complex, in more ways than one, but has also raised questions about its relations to deterring crime and the financial impact it has on society. Using current and historical information, such as articles and scholarly articles, to support why this research is important and possible methods society could use to help improve this controversial debate. Summary The Orange County register printed an article on the death penalty and possibly being considered as immoral. “While the commission drops the dime on the mind-numbing cost of administering the death penalty, it barely hints at the moral and ethical depravity of the practice” (Mears, 2008). The article states that there are racial and socioeconomic bias towards the death penalty and how this can and may lead to a cause for concern among citizens. This seems to initiate that in most cases the targets of race are African...
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...punish also it affects the public when criminal put to death. The impact on the public is most impressive it could debate upon this so many times. Also against the matter, give a thorough explanation putting to death, criminal also the impact on the public. At this current time, research does not only show that the sentence to the death penalty is intricate in many ways. However, capital punishment has started to make people ask many questions it connection with preventing criminal act's effect. That it has on the public economically by having information that recent and from the past, also using articles of scholarly and other articles on the topic as well. To help support, the reason this research is essential and he would aid society to use different tactics. To help benefit both side issues, within the debate, they have on this matter. The costly and ethical standpoint of the death penalty The Kentucky lawmaker stated that it was too expensive to use the methods of using the sentence to death as a form of punishment. Also, how it might seem as morally wrong, to do, although the commission tells the truth about the expensive cost of administering the sentence to death penalty. It hardly talks about the ethical, also principled wickedness of the practices sentence to capital punishment. In the article, it says that it is ethnic also socioeconomic prejudice, with the penalty of sentenced to death also how it might or would begin to start worrying...
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...DEATH PENALTY : USE IT OR NOT? INTRODUCTION: “Whichever way you look at it, killing another human isn't humane, not even close. When you get to the details it is simply vengeful and cruel, Michael Hayworth.” This is the quotes that will make us think twice before commit murder. But, do you think that the entire criminal aware with the consequences they make? Or they just simply did not care that their behaviour will give a big impact to the victim’s love one? Did you know according to the statistics show that when the death penalty was temporarily withdrawn in Britain between 1965 and 1969 the murder rate increased by 125% (Clark, 2005). A very good morning to our lovely lecturers and my fellow classmates that I adore. Now, I’m here to tell about my speech for today which is death penalty: use it or not? I know that many of you is eager to know about this so I would like for all of you to lend me your ear and eyes because this info will give you benefit for the rest of your life. Last but not least, the main point of death penalty: use it or not? Is that the death penalty is the only way that criminal is afraid off. Body : Reason why death penalty should not be abolished because death penalty is all that the criminal fear for. As you can see that usually criminal is afraid with death penalty because they are afraid of death. This has been proven in overseas with Bundy’s life when he willing to do anything in order to escape from the death penalty such as put the blame...
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...Denied: The Effects Being Ignored Death by lethal injection, death by electrocution, or any form of the death penalty given that people find to be fit for capital crimes is not a human’s right. We as humans do not have the right to end someone’s life based on the fact that they committed a crime. We have to take into accountability the countless amounts of lives that are impacted by this. Even on the international level, there are hundreds of countries who have abolished the death penalty completely. There is more to this than others think, yet they do not take the time to research or study the adverse effects of what this kind of punishment can cause. The death penalty violates the human right to life and causes a ripple effect that destroys the lives of the families of the individuals being executed. Death penalty supporters can be very profound with their opinions on what they believe is an excellent crime deterrent. In an article written for the Journal of Criminal Justice between May and June 2009, one of the authors by the name Shanhe Jiang stated, “Supporters of the death penalty argue that sentencing criminals to death deters others from committing a similar crime in the future.” He states that future crimes could indeed be deterred because of the continued support for the death penalty. In many cases, people see the death penalty as a form to punish those who commit murder, mass murder, rape and any other crime that warrants death. Supporters of this crime deterrent...
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...Death as a punishment. Is it cruel and unusual? Or is it justified? According to Opposing Viewpoints, 32 of the states in the US have the death penalty legalized. With the majority of the states having the death penalty legalized, it is not hard to see why. By using the death penalty as a form of punishment, it helps to deter further murders, it helps to give closure to the victim's family, and costs much less to the government than keeping prisoners in prison without parole. "Let a parking meter expire, and you risk a $20 ticket; park in a handicapped spot, and risk a $200 ticket. Which violation are you less likely to commit?" (Jacoby). The use the death penalty helps to discourage further murder. In a study done by Professors Hashem Dezhbakhsh, Paul R. Rubin, and Joanna M. Shepherd at Emory University they found that "each execution, on average, results in 18 fewer murders." (Muhlhausen, Dezhbakhsh) The data was taken from 3,054 United States counties from 1977-1996. This data proves that someone is less likely to murder when they know that the consequence for their actions is death....
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...What is the death penalty? Its prisoners being sentenced to death for their crimes. Prisoners aren’t put to death as much as they were back in the day. We believe the death penalty is needed because, it keeps prisoners from rotting in jail there whole life. Another reason is an eye for an eye. The last reason is that it will lower the crime rate. People think that the death penalty is bad saying it’s morally wrong and no one deserves it. The truth is, it is right. People should have to pay for what they have done. Why sentence a guy to life in prison when you could just give him the death penalty instead. It keeps prisons from getting full and keeps them from wasting space. Putting a person in prison for the rest of their life is basically the same as letting them go free. They are in prison but that just means there are stricter rules than the outside life....
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...as it resembles eye for an eye and tooth for tooth justice of medieval times and uncivilized. France and Germany have completely done away with death penalty and reported lesser crime rates. Many studys' conducted in US and some other countries where death penalty is still in force have proved that, it doesn';t have a deterrent effect on crime rate and more than death penalty, it's rigorous imprisonment for life that has more deterrent effect than death penalty. Incarceration for life proved to be more effective in preventing repetition of the same or other crimes by the same convicts than that of death penalty. In countries, where death penalty has been abolished less crime rates have been reported. Apart from incarceration for life, solitary confinement and shaming the person through social boycott etc are other options. For crimes of rape and acid attacks also, incarceration for life and the above two suggested alternatives could be considered as viable alternatives to death penalty in addition to confiscating the entire property of the criminal and paying it as compensation to their victims. Educating the guilty regarding the barbaric and heinous nature of their crimes and making them feel ashamed for their crimes and their crimes' lethal and traumatic impact on the minds, limbs and lives of their victims through reformist approach and making them truly repentant for the heinous crimes...
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...Death Due to Hatred “Life is a precious thing, you never know when you are going to lose it” (Anonymous). Everyone has something to lose, their lives being the most consequential. This theme appears throughout various types of novels, whether it be a non-fiction, thriller, or romance. In Cold Blood, incorporates this idea by recounting several deaths in which some call cold blooded murder, as well as an execution committed in hatred. The author, Truman Capote, does this by following the history of Perry Smith, a man wrongly executed by the state of Kansas. This decision is inadequate due to his suffering mental health, the manipulation from Dick, and the cruelty of the death penalty. Mental illness affects nearly fifty four million americans in a single year. Perry Smith is a part of that statistic. Those who do not have complete control of their actions should not be prosecuted as if they do. Within the novel, a professional physician specializing in the field of psychiatry, Dr. Jones, assists in the diagnosis of...
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...Abstract This paper examines whether or not the death penalty is a deterrent to crime in general and more specific, it examines if the death Penalty is a deterrent to those who commit murder. Comparisons were made of states that have the death penalty and how it impacts crime in general whether the fact of having the death penalty makes citizens safer with potential killers knowing that the death penalty awaits them should they kill someone. It also examines if someone commits murder if giving the chance would they repeat the offense. In our democratic country, we believe that you have rights, that everyone has rights, that every person is entitled to life, liberty, and the pursuit of happiness. These basic human rights are safeguarded in the Constitution. In our country, we are expected to acknowledge the rights of others. Therefore, if someone disrespects or abuses the legal rights of others, it is not only wrong but illegal as well. People who steal your money or burn down your house or kidnap you go to jail when they are caught. That’s what happens to criminals who take away your liberty or your pursuit of happiness. But what should we do when a criminal deprives you of the most precious right – the right to live? Should the murderer simply go to jail, just the same as any other criminal? Should the killer of a love one, a father or sister or brother or mother simply be allowed to spend a few years in jail before...
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