...Death Penalty The Death penalty is one of the most controversial and debatable questions in the history of criminal justice. The main problem is that the death penalty is irrevocable so a wrong decision can lead to a terrible mistake and injustice towards an innocent person. “On the other hand, the death penalty is the only possible measure to punish criminals and protect our society from cruelty and repeat crimes” (Coyne and Entzeroth 72). Objectively speaking, plausible moral arguments can be made both for and against capital punishment. A key element of the debate, moral arguments have tended to remain fairly static over the years, and often have been used in conjunction with religious arguments. Two moral arguments have remained particularly important throughout the death penalty debate: retribution and the sanctity of life. Argument: Death penalty is a crucial punishment which violates human and constitutional rights of people, thus it is the only possible measure to protect society from violence and repeat crimes. Those favoring the death penalty often argue that society must express moral outrage at -- and condemnation of -- heinous crimes such as murder. Proponents of death penalty typically consider deterrence to be one of its fundamental goals. “The execution sermons of the early colonies were full of warnings against following in the footsteps of the condemned, and executions were public events designed to instill fear and reverence for the law in the people of...
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...The Use of Human Dignity in Death Penalty Cases: An International perspective An examination of cases from several jurisdictions that address the legality of the death penalty reveals various uses of the notion of human dignity. In 1972, in Furman v. Georgia, the United States Supreme Court declared all existing death penalty statutes at the time unconstitutional as a violation of the Eighth Amendment prohibiting "cruel and unusual punishment". There was no majority opinion, and each of the five majority members wrote a separate opinion. While three of them based their decision on the arbitrary and discriminatory application of the death penalty in the U.S., Justices Brennan and Marshall based their opinions on the per-se unconstitutionality of capital punishment. Justice Brennan argued that although human dignity is not explicitly guaranteed by the United States Constitution, it is the fundamental concept underlying the Eighth Amendment. In his opinion: "The State, even as it punishes, must treat its members with respect for their intrinsic worth as human beings. A punishment is "cruel and unusual, therefore, "if it does not comport with human dignity". He declared that the severity of capital punishment is degrading to the dignity of a man, and since even the vilest criminals share an inherent dignity, the punishment is unconstitutional. Though in Brennan words human dignity functions as a justification for the Eight Amendment, they seem to illustrate the psychological approach...
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...Capital Punishment Capital punishment, also referred to as the death penalty, is not the best financial option available today. The death penalty has been a constant source of debate for as long as it has been imposed. Most of the debates focus on constitutionality, morality, religion, and racism. Focusing on the financial burden on carrying out the death penalty can help to eliminate all of the other debates. In the United States of America 36 states and the federal government still use the death penalty. Those people that oppose the death penalty say that it violates the "cruel and unusual punishment" provision of the Eighth Amendment. The Supreme Court has repeatedly agreed and continues to rule that the death penalty is constitutional only if applied in a particular way. That ruling makes sure that congress and state legislatures are always at work to enact new capital punishment laws to try to ensure that the executions are not "cruel and unusual". Due to these laws all convicted prisoners sentenced to the death penalty undergo more expensive trials and appeals than someone sentenced to life without parole. The morality of killing a person is subjective for each individual. A person’s upbringing, education, beliefs, and religion all affect their moral beliefs. Therefore different people interpret what is moral differently. Also, throughout the life of an individual, their beliefs and morality can and most likely will change. Considering these facts and...
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...Constitution in today’s debates. There are those who advocate for the death penalty and those who oppose it, arguing that it constitutes as cruel and unusual punishment. With that being said, this paper will discuss the constitutionality of the death penalty. Controversy over the death penalty in the U.S. Supreme Court can be traced back to 1879 with Wilkerson v. Utah, which stated that the Utah territorial statue of execution by firing squad was not cruel and unusual punishment under the eighth amendment of the U.S. constitution. (Wikipedia: Wilkerson v. Utah) In 1972, the United States Supreme Court struck down capital punishment, reducing all death...
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...Death Penalty Essay Those who believe that deterrence justifies the execution of certain offenders bear the burden of proving that the death penalty is a deterrent. The overwhelming conclusion from years of deterrence studies is that the death penalty is, at best, no more of a deterrent than a sentence of life in prison. The sentiment that the death penalty is a deterrent to crime is widely accepted as false. Citing such a reason like deterrence is not even a part of many pro death penalty supporters’ arguments. The Death penalty causes so much controversy due to the ethical and moral implications. However, due to the inherit volatility of trying to ascertain “what is right” the death penalty along those lines has continued and will continue to be a subject of debate. Personal opinion aside, according to statistical data the death penalty is not a deterrent. According to thedeathpenaltyinfo.org, States in the United States that do not employ the death penalty generally have lower murder rates than states that do. The same is true when the U.S. is compared to countries similar to it. The US homicide rate, which has declined substantially since 1992 from a rate per 100,000 persons of 9.8 to 4.8 in 2010, is still among the highest in the industrialized world. There were 14,748 homicides in the United States in 2010, including non-negligent manslaughter .The U.S., with the death penalty, has a higher murder rate than the countries of Europe or Canada, which do not use the death...
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...In 1998, Daryl Atkins was sentenced by a jury to death on account of capital murder charges as well as armed robbery and abduction. In response, Atkins appealed the ruling of the trial court on the ground that sentencing a mentally retarded criminal to death was a cruel and unusual punishment under the Eighth Amendment. Prior to Atkins, in 1989, merely 13 years earlier, the United States Supreme Court ruled the Eighth Amendment does not categorically prohibit the execution of mentally retarded capital murderers in the case Penry v Lynaugh (“Penry v Lynaugh”). The verdict of this case gave state legislatures the ability to decide whether to adopt the death penalty or not, however, the United States Supreme Court limited the states' ability to execute. States are prohibited from executing minors and the insane; for reason that, these defendants' diminished capacity for reasoned judgment limits their culpability. Yet, the Supreme Court case, Atkins v Virginia, challenged the constitutionality in executing the mentally retarded, ultimately revisiting the limitation verdict of Penry v Lynaugh. The legal...
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...sentence me to death, I will escape from prison and murder every single one of you”, threatened John Louis Evans to the jury on April 26, 1977. Within less than fifteen minutes of discussion, the jury found him guilty and sentenced him to death by electrocution in the “chair”. Six years later, the first of three attempts of 1,900 volts of electricity were sent accelerating through John Evans's body. The final excruciating jolt boiled his brain and extremities in a horrifying manner, causing the nauseating stench of burnt flesh to quickly pervade the open air. John Evans's execution, which should have been only 30 seconds, lasted 14 minutes long. Whenever the phrase “death penalty” is brought up, two sides of extremists are riled up shouting for either approval or forbearance; thus creating a whirlpool of dissent and provocation. Many critics of this controversial issue may state that the moral aspects are inhumane and that the use should be discontinued from the United States; however, the crimes deemed worthy of capital punishment should not and cannot be overlooked simply because of a certain belief. The implementation of the death penalty should remain in practice to prevent heinous crimes and victimization of the innocent. Sometimes the “chair” truly is the best seat in the house. The supreme court case of Alabama vs John Louis Evans of 1977 shifted the viewpoint as to how the United States would approach the sensitive issue of the death penalty. John Evans was...
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...European colonies. The earliest recorded execution dates back to 1608 (Death Penalty Information Center, 2011) . However, the use of capital punishment in the United States centuries later has been very controversial. Thirty-four states still use the death penalty as a punishment while 16 states have abolished its use (Death Penalty Information Center, 2011) . The constitutionality of capital punishment is in question and is constantly interpreted. The death penalty requires arbitrary decisions to be made by jurors. The studies on race in death penalty cases, the exonerations of those individuals on death row, and the cost of the death penalty are reasons to abolish capital punishment in the United States. Recent studies on the death penalty show surprising facts about the race of defendant and victim. In North Carolina it was found that the odds of receiving the death penalty rose by 3.5 for defendants whose victims were white. A California study found that defendants who murdered Whites were three times more likely to receive the death penalty than those who murdered Blacks and four times more likely than those who murdered Latinos. Race-of-victim and race-of-defendant discrimination has been found in 96 percent of the states in which death penalty and race studies have taken place (Death Penalty Information Center, 2011) . The exonerations of those on death row are somewhat shocking. To know that individuals on death row could be innocent should deter the public from supporting capital...
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...the lawful infliction of death as a punishment, Commonly known as the Death Penalty. The first known infliction of the death penalty occurred in the American colonies the year of 1608, The victim being Captain George Kendall in the Jamestown Colony. Throughout history the death penalty has been known to be carried out by one of five lawful means; Hanging, Gas Chambers, Firing Squad, Lethal Injection, and Electrocution. In the eighteenth century 162 documented executions took place, Followed by 1,391 executions in the nineteenth century. Towards the end of the Revolutionary War, 11 Colonies wrote new constitutions allowing Capital Punishment. Ironically, nine out of those eleven colonies did not allow “Cruel and Unusual Punishment.” The Eighth Amendment of the U.S. Constitution prohibits the government from inflicting "cruel and unusual punishments." The uncertainty of the phrase "cruel and unusual." cause controversy's over the constitutionality of the death penalty. Some argue that the phrase "cruel and unusual" refers to the type of punishment inflicted, others feel that the phrase refers to the degree and duration of the punishment. The U.S. Supreme Court has rejected both interpretations, leaving the death penalty a legal means of punishing certain criminals. The cost of the death penalty alone is a major quandary. The actual execution process itself is rather quick and simple, although there is a mandatory review for all sentences of death by the supreme court, at...
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...Criminals have become a part of our lives whether we like it or not. This does not mean we should let them darken society. Getting the rightly accused to a punishment is important. Some criminals commit a crime because they have no other option, some do it for fun and for their own benefit. I do not approve of the death penalty for everybody. A person who stole from a store, is definitely not a deserving person for the death penalty, But, a serial killer, who kills people just because he wants to, definitely deserves to be removed from society. The death penalty should be pursued in the United States in order to eliminate horrible people from the world. Not everyone deserves to die, but some people do. If someone killed one of your family members or someone who meant the world to you, do you think they deserve to live? The 5 different forms of execution in the united states are Lethal injection, electrocution, lethal gas, firing squad, and hanging. Lethal injection is the most common. A lot of people see both sides of the death penalty and some people are unsure on how they think about it. Many people support the death penalty, while others wish for the death penalty to be abolished,...
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...expense and to the damage of the Filipino people and the republic of the Philippines through any or combination or a series of overt or criminal acts, or similar schemes or means. Respectively or a total of more or less (P1,847,578,057.50); and by collecting or receiving, directly or indirectly, by himself and/or in connivance with John Does & Jane Does, commissions or percentages by reason of said purchases of shares of stock in the amount of P189,700,000.00 more or less, from Belle Corporation which became part of the Deposit in the equitable Bank under the account name of ‘Jose Velarde’. Petitioner wishes to impress upon the constitutionality of RA 7080 (An Act Defining and Penalizing the Crime of Plunder), as amended by RA 7659. He therefore makes a stringent call for this Court to subject the Plunder Law to the crucible of constitutionality mainly because, according to him, (a) it suffers from the vice of vagueness; (b) it dispenses with the "reasonable doubt" standard in criminal prosecutions; and, (c) it...
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...The death penalty is something that many people do not have a clear decision on. Many people support the death penalty, while others wish for the death penalty to be abolished, and there are some that support the death penalty, but only in certain cases. My personal opinion on the death penalty is it should be administered only in cases of particularly cruel crimes, or serial crimes such as serial murder. Groups that support the death penalty often say that is a deterrent for future criminals who are thinking of committing murders or other heinous crimes. I disagree with this statement because criminals do not think of the consequences of their actions when they are committing a crime, nor do they care. Amnesty International, which opposes the death penalty, reports that scientific studies have not produced any conclusive evidence showing that capital punishment is a deterrent for future crimes to be committed. I believe the only deterrent for a murderer to not commit a crime again would be execution. Various people who are opposed to the death penalty say that capital punishment condemns the innocent to die. According Amendment V in the United States Bill of Rights, “No person shall be held to answer for a capital crime, or otherwise infamous crime unless on a presentment of an indictment of a grand jury” (except in military cases). While it is true that a few innocent people have “slipped through the cracks” of the justice system and been convicted and executed unfairly...
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...Decision The case Kansas vs. Carr raises many questions about the death penalty, especially in relation to the Eighth Amendment. One of the main questions in this case has to do with jury instructions in the penalty stage of the trial. (Kansas v. Carr) The district judge in this phase of the trial failed to adequately instruct the jury on the correct standard of review for mitigating evidence. Unlike other types of evidence in any criminal proceedings, mitigating evidence need not be proven beyond a reasonable doubt, nor does the jury need to be unanimous on the validity of mitigating evidence. Did the district judge violate the Eighth Amendment when he failed to explicitly explain this to the jury? Upon review, the Kansas Supreme Court ruled that yes, he did. By failing to “affirmatively instruct” (Kansas v. Carr) the jury on the proper standard of...
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...put me on death row. They say that my crime was “heinous” and “cruel”. It’s been a long time I’ve been behind these bars, waiting for the government to make up its mind. I’ve been doing a lot of reading since and I’ve learned a whole lot about our justice system. I’ve been able to put my mind at ease, seeing what could be in store for me. I found this guy named Walker. He talks a lot about racial inequality and the idea that our justice system is racist, skewed in the favor of white men, specifically for the death penalty. He talks about the 1972 case of Furman v. Georgia which the United States Supreme Court declares that death penalty is unconstitutional on account of how it’s being administered at the time. This causes death rows across the country to empty out, and no one being fed back into the system to replace them. It was thought to be a precursor to abolishment of the death penalty, but that wasn’t the case. No, the Supreme Court decided instead to require many states to create new statutes which were to prevent discriminatory sentencing to death based on race. This resulted in two different types of statutes. The first kind required the judge or jury to impose death penalty if the defendant was convicted of first degree murder, regardless of race. The second allowed the judge or jury to impose the death penalty on the basis of certain crimes. This required the court to have a trial which first decided guilt and then decided to impose the death penalty or not. It...
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...At 9:18 a.m. on March 2, 1998, petitioner called 911 to report that his stepdaughter, referred to here as L. H., had been raped. He told the 911 operator that L. H. had been in the garage while he readied his son for school. Upon hearing loud screaming, petitioner said, he ran outside and found L. H. in the side yard. Two neighborhood boys, petitioner told the operator, had dragged L. H. from the garage to the yard, pushed her down, and raped her. Petitioner claimed he saw one of the boys riding away on a blue 10-speed bicycle. When police arrived at petitioner’s home between 9:20 and 9:30 a.m., they found L. H. on her bed, wearing aT-shirt and wrapped in a bloody blanket. She was bleeding profusely from the vaginal area. Petitioner told police he had carried her from the yard to the bathtub and then to the bed. Consistent with this explanation, police found a thin line of blood drops in the garage on the way to the house and then up the stairs. Once in the bedroom, petitioner had used a basin of water and a cloth to wipe blood from the victim. This later prevented medical personnel from collecting a reliable DNA sample. L. H. was transported to the Children’s Hospital. An expert in pediatric forensic medicine testified that L. H.’s injuries were the most severe he had seen from a sexual assault in his four years of practice. A laceration to the left wall of the vagina had separated her cervix from the back of her vagina, causing her rectum to protrude into the vaginal...
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