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What is the importance of the death penalty
The importance of the death penalty
The importance of the death penalty
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Capital punishment has been a controversial topic in association to ethics all of its existence. Issues pertaining to the execution methods, reasonability in the relationship of punishment to the crime, who receives the death penalty, and innocence have been discussed and researched in great lengths. Capital punishment is still an active form of “deterrence” in the United States for crimes considered the worst of the worst. In this paper I will discuss the history of the death penalty. I will also disclose information on the dynamics of race, method, and court cases valid to the death penalty.
History:
The origination of the death penalty in America stems mainly from the influence of Britain. Capital punishment was a common exercise in British culture and the British brought the practice with them when they settled in America. The death penalty was used as punishment for a variety of crimes, ranging from murder to disobedience of one’s mother or father. In 1612 the Divine, Moral and Marital laws were passed. These laws allowed the punishment of death for petty crimes like stealing grapes, killing chickens, and trading with Native Americans. Executions were a public scene until the 1830’s, but most were eventually moved to the interior of prisons. However, there were some public executions (especially in the South and West) that were done in public until the twentieth century. The laws and regulations pertaining to the death penalty differed from colony to colony (Death Penalty Information Center, 2011).
Though capital punishment was common there were critics of the practice. Some questioned its morality and effectiveness as a deterrent to crime. There were many abolitionists supporting the movement to eliminate th...
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...nity, staff, a spiritual or religious advisor, media, and state selected witnesses (Lethal Injection Procedure, 2010).
Innocent people do end up on death row, some are exonerated and some die waiting for their execution or at their scheduled death. Since 1973 there have been 139 exonerations (Innocence Project, 2011). The criterion that permits exoneration are they were ac-quitted at retrial, all charges were dropped, or they were given an absolute pardon given by the governor based on new evidence of innocence (Death Penalty Information Center, 2011). Individuals on death row typically serve a 13 year average before their exoneration. However, there are those that are innocent to still receive the death penalty. The number is hard to pin down, but most cases where innocence was still lingering are often not looked into after the death of the individual.
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
This paper will examine the pros and cons of the death penalty. Is it a deterrent or is that a myth. Does it give the family of the victim peace or does it cause them to suffer waiting for appeal after appeal. What are the forms of execution and any evidence of them being cruel and usual punishment. Is the death penalty fair if there are glaring, disparities in sentencing depending on geographic location and the color of the offender and victim’s skin?
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.
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.
Radelet, Michael L., updated by the Death Penalty Information Center. Post-Furman Botched Executions. The Death Penalty Information Center
According to the Death Penalty Information Center, exonerations are typically the result of a defendant who has “been acquitted of all charges related to the crime that placed
... crimes committed. Abolitionists argue that the death penalty should be replaced with a sentence of life in prison without the possibility of parole, yet there is no purpose of paying to keep someone alive who is not contributing to society. That is not to say that everyone who commits a crime should be given a death sentence; only those cases and criminals which fall under certain extreme and severe crimes and contain aggravating circumstances shall be considered for a death penalty sentence. This practice of capital punishment shall continue to be carried out in situations where it is proportional to the crime committed and so long as it continues to fulfill Kant's "Respect for Persons" ethics; that is that it is practiced in giving people what they deserve and it can be practiced across the board universally and not merely altered on a case by case situation.
In this paper I will argue for the moral permissibility of the death penalty and I am fairly confident that when the case for capital punishment is made properly, its appeal to logic and morality is compelling. The practice of the death penalty is no longer as wide-spread as it used to be throughout the world; in fact, though the death penalty was nearly universal in past societies, only 71 countries world-wide still officially permit the death penalty (www.infoplease.com); the U.S. being among them. Since colonial times, executions have taken place in America, making them a part of its history and tradition. Given the pervasiveness of the death penalty in the past, why do so few countries use the death penalty, and why are there American states that no longer sanction its use? Is there a moral wrong involved in the taking of a criminal’s life? Of course the usual arguments will be brought up, but beyond the primary discourse most people do not go deeper than their “gut feeling” or personal convictions. When you hear about how a family was ruthlessly slaughtered by a psychopathic serial killer most minds instantly feel that this man should be punished, but to what extent? Would it be just to put this person to death?
The death penalty, created in the Eighteen Century B.C by King Hammurabi of Babylon, was a way to punish those who went against the laws and committed crimes. Back in the B.C. era and all the way until the late Tenth Century the methods of the death penalty were being crucified, beaten to death, burned alive, and drowned. The methods of execution died down in the Tenth Century, the execution methods became less heinous and over the top. Hanging became the most used method of execution, but that soon changed in the Sixteenth Century. Henry VIII of Britain brought back all the horrible and gruesome methods of execution and also implementing more ghastly methods. Over 72,000 people were executed either by being boiled to death, burned at the stake, hanged, beheaded, and drawing and quartering. Drawing and quartering is where the accused is tied to a horse and dragged to the gallows where he is hung by the neck for a...
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.
“Since the reinstatement of the death penalty in the United States in 1976, 138 innocent men and women have been released from the death row, including some who came within minutes of execution. In Missouri, Texas and Virginia investigations have been opened to determine if those states executed innocent men. To execute an innocent person is morally reprehensible; this risk we cannot
For example, if a person was given a life sentence, they would be able to be released, if found innocent. If they were given the death penalty, although it takes years, odds are they will be dead before they could be found innocent. The Innocence Project was established in order to vindicate individuals who were wrongfully convicted due to DNA calamity or misidentification with witnesses. Since the Innocent project has been established, an uncountable number of individuals have received freedom for crimes they were wrongfully accused of committing. For most individuals who received a life sentence, and not the death penalty, they were granted a release. According to the Innocence Project out of 300 people exonerated, 25% were convicted of murder, and 18 had death sentences. The innocence project also states, “We have also worked on cases of people who were executed before DNA testing could be conducted to corroborate guilt or prove innocence, and we are aware of several non-DNA cases where evidence of innocence surfaced after people were executed”(Innocenceproject.org/aboutpage). Disparate from the individuals facing a life sentence, those that received a death sentence are less likely to survive to prove their
Great effort has been made in our criminal justice system in pretrial, trial, appeals, writ and clemency procedures to minimize the chance of and innocent person being convicted and sentenced to death. Since 1973, legal protections have been so great that 37 percent of all death row cases have been overturned for due process reasons or commuted. Inmates are six times more likely to get off death row by appeals than by execution.
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
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed