There not many issues in the criminal justice system that have caused more heated discussions and arguments as consistent and strong as that of the argument of capital punishment. There have been many religious arguments involved in both sides of the argument, citing both the need for justice and the sanctity of human life. This debate regarding the death penalty has become a complex issue in recent years with concerns as to the equality of the criminal justice system, the position of physicians in assisting in executions, and the likelihood of reform, improvement and rehabilitation amid individuals currently serving on death row.
The Supreme Court plans to preside over case arguments in a legal action confronting the practice of lethal injection, an additional method of the death penalty dispute is being thrust driven into nationwide public eye. The subject matter in the legal action, Baze v. Rees, is if lethal injection as presently implemented in the majority of the states relates to cruel and unusual punishment and therefore breaches the Eighth Amendment to the U.S. Constitution. The court's decision may be extremely important and noteworthy since lethal injection is the technique of capital punishment implemented through the federal government and through all but one of the 37 states actively using the death penalty statutes.
When reviewing the Baze case, which will be debated in court proceedings on Jan. 7, 2008, the court has required states to postpone planned death penalty executions until a decision is passed through, most likely at some point in the delayed springtime or initial summertime.
This de facto moratorium on lethal injections has fortified death penalty adversaries, who anticipate that a triumph in t...
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...hing if their states' approaches of execution violate the Eighth Amendment. If the Supreme Court generates an extremely difficult standard, it could make it increasingly problematic – however not irresolvable - for states to use lethal injection in the future.
Works Cited
1 Jeffrey Fagan, "Death and Deterrence Redux: Science, Law and
Causal Reasoning on Capital Punishment." http://www.deathpenaltyinfo.org/FaganDeterrence.pdf
2 Paul R. Zimmerman, "Estimates of the Deterrent Effect of the United States: 1978-2000.
3 "An Enduring Majority: Americans Continue to Support the Death Penalty."
4 "Religious Groups' Official Positions on Capital Punishment."
5 "Lethal Injection on Trial: An Analysis of the Arguments Before the Supreme Court in Baze v. Rees."
6 David Masci, "The Death Penalty in America” http://pewresearch.org/pubs/671/the-death-penalty-in-america
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 the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
The death penalty can be an extremely touchy subject in every community on the emotional side as well as the political side. The family of a child who has been raped and murdered by the old creepy guy down the block would love to see that man receive the final sentence of death. On the other hand, the taxpayers do not want to pay large amounts of taxes in order to execute an inmate. Due to the large amounts of appeals that are involved in death penalty cases, a lot of spending occurs in order to make sure that the decision is one-hundred percent correct. While tensions continue to build on whether or not we should abolish the death penalty at the federal as well as state level, the formation of various organizations for and against the death sentence have sprouted up all across the land. With all of this being considered, I will discuss the history of the death penalty in the state of Kansas, and some of our most famous cases. In doing so, I will show how the state and the federal government have constantly struggled to come up with a reasonable solution for an extremely controversial issue. Furthermore, I will discuss the cost of the death penalty in the state and how those costs are affecting our next generation of leaders.
“The death penalty is challenged as a violation of the Eighth Amendment. According Amendment V in the United States Bill of Rights, “No person shall be deprived of life, liberty, or property, without due process of law.” Even with this amendment in place many people question the constitutionality of capital punishment because of Amendment VIII which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (James S). People believe that the death penalty is too inhumane and goes against the constitution.
Is the death penalty consistent with the Eighth Amendment's prohibition against the imposition of cruel and unusual punishments? This essay will address this question and present a short history of the death penalty in America.
The death penalty debate in the United States is dominated by the fraudulent voice of the anti-death penalty movement. The culture of lies and deceit so dominates that movement that many of the falsehoods are now wrongly accepted as fact, by both advocates and opponents of capital punishment. (Sharp) Opponents of capital punishment are extremely outspoken and vehement in their arguments. The American Civil Liberties Union believes the death penalty violates the constitutional ban against cruel and unusual punishment. However, the death penalty is not cruel and unusual punishment, the authors of the United States Constitution’s Eighth Amendment related “cruel and unusual” punishment to methods used in ages past. The Eighth Amendment was created to outlaw such practices as bur...
There are wide and divergent opinions on the United States’ Supreme Court decisions on capital punishment. While proponents of capital punishment allege that it can be applied as with the existence of sufficient due process, others contend that human life is irreplaceable and that “every person has the right to have their life respected” (Oppenheim, “Capital Punishment in the United States”). While capital punishment has phased in and out of the United States’ criminal justice system in the past few decades, current trends seem to fall out of favor with the death penalty. As Snell indicates, by yearend of 2011, there were 3,082 inmates held across 35 states and the Federal Bureau of Prisons under the death sentence, where 9 states executed 43 inmates in both 2011 and 2012 (“Capital Punishment, 2011 – Statistical Tables”). In order to gain a deeper understanding and enhanced projection of the death penalty development, it is prudent to first examining historical accounts of cases that have been decided in favor or against the capital punishment in the United States.
"The Case Against the Death Penalty." American Civil Liberties Union. The American Civil Liberties Union and the ACLU Foundation., 2011. Web. 01 Nov. 2014.
The Eighth Amendment was ratified on December 15, 1791 and it states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Rossum & Tarr, 2009). However, since the latter part of the 1970’s the United States has proceeded with the execution of 1277 convicted felons (Death Penalty Information Center, 2011). To many people these executions represent a violation of the felon’s constitutional rights and should not have been allowed. On the other hand, if we take an in-depth look, we can see that death caused by electrocution or lethal injection recognizably would not be considered immoral or unjustified provided that the felon was granted a fair trial in a court of law (Bedau, Cassell, 2004).
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 a highly controversial and hotly debated topic. The death penalty is completely obsolete in western English speaking countries; the only exception the United States of America. Capital Punishment is only used in cases of treason and in murder 1. Supporters of the death penalty believe that putting a killer to death gives the family of the murdered knowledge that justice was served. The opposition to the death penalty believes that the punishment is too “final”: it offers no possibility of rehabilitation. Both sides, however, recognize the need for a change in the justice system regarding capital punishment. The common issue is finding a punishment which is harsh enough to deter crime but still offers the chance of rehabilitation. The standard form of execution is use of lethal injection, in which the convicted is bound to a chair and injected with sodium thiopental to cause unconsciousness, pancuronium bromide to induce paralysis, and potassium chloride to stop the heart. Texas is the state most liberal in their use of the death penalty, with 34% of the national total since 1976. The death penalty has been a part of civilization for all of man’s existence, starting in Ancient Greece and Egypt and continuing on through today.
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
...ve enactments and state practice with respect to executions.” However in determining whether the death penalty is disproportionate to the crime also depends on the standards elaborated by controlling precedents and on the Court’s own understanding and interpretation of the Eighth Amendment ’s text, history, meaning, and purpose.
The death penalty has been an ongoing debate for many years. Each side of the issue presents valid arguments to explain why someone should be either for or against the subject. One side of the argument says deterrence, the other side says there’s a likelihood of putting to death an innocent man; one says justice, retribution, and punishment; the other side says execution is murder itself. Crime is an unmistakable part of our society, and it is safe to say that everyone would concur that something must be done about it. The majority of people know the risk of crime to their lives, but the subject lies in the techniques and actions in which it should be dealt with. As the past tells us, capital punishment, whose meaning is “the use of death as a legally sanctioned punishment,” is a suitable and proficient means of deterring crime. Today, the death penalty resides as an effective method of punishment for murder and other atrocious crimes.
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.