The death penalty has been a heated topic of debate for many of years. Some people believe that the death penalty is unconstitutional in that it is cruel and unusual punishment. Many people also think that the states do not have the authority to take a life. They think that it is god’s responsibility to judge life and death not mans. So they look at the death penalty from a religious view point. Items that this commission will consider in evaluating the humanity and constitutionality of the death penalty, are is lethal injection a humane way to put an offender to death. We will also consider the constitution to ensure the state follows the constitution. Further, consideration will be given to if the state ensuring that all death penalty offenders being given proper DNA testing to prove their guilt or innocence.
One of the most important things that this commission needs to decide is whether the death penalty violates constitutional rights. Many people have claimed that the death penalty is unconstitutional because the death penalty is cruel and unusual punishment. An example of this is in California when the state delayed the date an inmate was sentenced to die because his lawyer said that the death penalty by lethal injection was cruel and unusual punishment (Hooper, 2006). Michael Morales’ (the man sentenced to death by lethal injection) lawyers state that there were cases with other inmates that did not receive enough anesthetic and therefore felt too much pain while being put to death (Hooper). This doubt raised can create a great concern for any state and that is why the governor has decided to hault executions and put this panel in place.
A good portion of this cruel and unusual punishment will be explaine...
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... Constitution. However, even though the death penalty is more costly, there are people that are simply too dangerous to remain alive. The death penalty also offers deterrence for people who may be considering an awful act. It may prevent someone from robbing a store because there is a chance someone could die in the act, therefore making it a capital punishment. There are pros and cons to the death penalty, but in the end I believe that it should be considered when dealing with the most serious and gruesome criminals.
Works Cited
Allen, H. E., Latessa, E. J., & Ponder, B. S. (2010). Corrections in America (12th ed.). Upper Saddle River, NJ: Pearson.
Hooper, R. (2006). US States Face Dilemma Over Death Row Injections. New Scientist. 189(2541). P. 10.
McGraw, D., & Locy, T. (2000). DNA and the Death Penalty. U.S. News & World Report. 128(23). P.20-21
Each year there are about 250 people added to death row and 35 executed. From 1976 to 1995 there were a total of 314 people put to death in the US 179 of them were put to death using lethal injection, 123 were put to death using electrocution, 9 were put to death in a gas chamber, 2 were hanged, and 1 was put to death using the firing squad. The death penalty is the harshest form of punishment enforced in the United Sates today. Once a jury has convicted a criminal, they go to the second part of the trial, the punishment phase. If the jury recommends the death penalty and the judge agrees then the criminal will face some form of execution, lethal injection is the most common form used today. There was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was that the death penalty was "cruel and unusual punishment" under the Eighth Amendment. The decision was reversed when new methods of execution were introduced. Capital punishment is a difficult issue and there are as many different opinions as there are people. In our project, both sides have been presented and argued fully.
In recent years, the practice of capital punishment has come under scrutiny. Some say that no longer holds the same impact as it once had. An article discussing the concept of the death penalty “Bungled executions, Backlogged courts, And three more reasons the modern death penalty is A Failed Experiment” by David Von Drehle is summarized and the thoughts, ideas, and principles therein are subject to response.
Colson, Charles W. “Capital Punishment.” The Rutherford Institute. 11 Nov. 2002. 30 May 2010 .
Since 1967, a total of 1392 executions have occurred in the United States ("Executions by Year"). What a shocking amount! This staggering number creates questioning on the topic of capital punishment. Is the death penalty really constitutional? Research and study over the topic leads to the conclusion that capital punishment should not be instituted in the United States for various reasons. The death penalty is immoral, unconstitutional, and inaccurate due to human errors.
There are over sixty offenses in the United States of America that can be punishable by receiving the death penalty (What is..., 1). However, many individuals believe that the death penalty is an inadequate source of punishment for any crime no matter how severe it is. The fact remains, however, that the death penalty is one of the most ideal forms of punishment. There are other individuals who agree with the idea that capital punishment is the best form of punishment. In fact, some of these individuals believe that this should be the only form of punishment.
The 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.
Geraghty, Thomas F. "Trying to Understand America’s Death Penalty System and Why We Still Have it." Journal of Criminal Law & Criminology 94.1 (2003): 209-237. Academic Search Premier. EBSCO. Web. 5 Nov. 2009.
"The Case Against the Death Penalty." American Civil Liberties Union. The American Civil Liberties Union and the ACLU Foundation., 2011. Web. 01 Nov. 2014.
This essay will discuss the various views regarding the death penalty and its current status in the United States. It can be said that almost all of us are familiar with the saying “An eye for an eye” and for most people that is how the death penalty is viewed. In most people’s eyes, if a person is convicted without a doubt of murdering someone, it is believed that he/she should pay for that crime with their own life. However, there are some people who believe that enforcing the death penalty makes society look just as guilty as the convicted. Still, the death penalty diminishes the possibility of a convicted murderer to achieve the freedom needed to commit a crime again; it can also be seen as a violation of the convicted person’s rights going against the Eighth Amendment of the United States Constitution.
Since the 13 colonies were first established in America, the death penalty has been the main form of capital punishment as a firmly deep-rooted institution in the United States. Today, one of the most debated issues in the criminal justice system is the issue of capital punishment. While receiving disapproving viewpoints as those who oppose the death penalty find moral fault in capital punishment, the death penalty has taken a very different course in America while continuing to further advancements in the justice system since the start of the new millennium. While eliminating overcrowding in state jails, the death penalty has managed to save tax payers dollars as well as deteriorate crime and apprehend criminals.
The death penalty is the only punishment in some criminal cases. Society feels as though justice is served when criminals receives what is deserved of them. Most people agree that justice is served when the punishment fits the crime.” The death penalty in the U.S is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving death of a victim. Only two people were on death row for a non-murder offense, when the U.S. Supreme Court addressed this issue of 2008. No one has been executed for such a crime since it was reinstated in 1976”. No one has been executed since 1976. The death penalty is probably the best choice of some of the corrupted people out here since some of them can make it in and out of prison no problem and still commit crimes.
Capital punishment is the most severe sentence imposed in the United States and is legal in thirty-eight states. The death penalty is a controversial subject, especially because the U.S. is the only western democracy to retain this consequence (Scheb, 518). I personally believe that the death penalty is a valid sentence for those who deserve it. Some believe it is not constitutional, but those who face this penalty are clearly suspect of a savage offense and therefore should be at a loss of certain rights. The arguments don’t end there once one considers that “the controversy over capital punishment becomes more heated when special circumstances arise” (Sternberg, 2). This issue brings up more arguments against the death penalty because of the constitutionally protected ban on cruel and unusual punishment which is protected by the Eighth Amendment. There have been nearly 15,000 executions that have taken place in America, the first in 1608 with the death of Captain George Kendall (Siegel, 410). Most of these were sentenced to death because of their own action of killing others. However, more and more crimes are now able to be punishable by death. This is the result of the Violent Crime Control and Law Enforcement Act of 1994, which “dramatically increased the number of federal crimes eligible for this sentence” (Scheb, 520). Even so, the federal government has yet to put someone on death row for a non-homicidal case. The arguments for and against capital punishment are lengthy and strictly opinionated, but are also important to see the evolution of our society as the majority view changes and new influences come about.
When someone is legally convicted of a capital crime, it is possible for their punishment to be execution. The Death Penalty has been a controversial topic for many years. Some believe the act of punishing a criminal by execution is completely inhumane, while others believe it is a necessary practice needed to keep our society safe. In this annotated bibliography, there are six articles that each argue on whether or not the death penalty should be illegalized. Some authors argue that the death penalty should be illegal because it does not act as a deterrent, and it negatively effects the victim’s families. Other scholar’s state that the death penalty should stay legalized because there is an overcrowding in prisons and it saves innocent’s lives. Whether or not the death penalty should be
The death penalty deters murder. The death penalty is the best way to stop a killer from killing someone else. Some say that prison is enough, but it isn’t. Death is necessary because if they are only sent to prison there is always the risk that some day the same killer that brutally killed a 5-year old or raped and strangle a college student might return to the streets.
However, on the other hand, to execute death penalty is also costly. In the article, “Death Penalty Is Too Expensive for States, Study Find”, Warren Richey mentioned about the cost of death penalty. For example, in the article, he said “New York spent $170 million over nine years on capital cases before repealing the death penalty. No executions were carried out there. New Jersey spent $253 million over 25 years with no executions.” He also menti...