The debate over capital punishment has been raging on for countless number of years. Capital punishment has been used for thousands of years due to the physiological fear it inflicts on the people who witness and learn about the death penalty. The use of this punishment has helped to reduce crime and alter the minds of future criminals to deter them against committing heinous crimes such as murder, treason, espionage, terrorism and in some cases aggravated kidnapping. Advocates say it deters crime while abolitionists say it is unconstitutional. It is historically shown that the use of capital punishment is justified. Capital punishment should be upheld due to its constitutionality, morality, and deterrence against heinous acts. The constitutionality of the death penalty is justified. The courts in the United States have no right to deny capital punishment to those who have committed crimes that we consider to be utterly wrong. “To interpret the constitution, democratically elected legislatures rather than courts decide social and public issues.” (Scalia 2011) This means that the death penalty is a permissible legislative decision. The death penalty is constitutionally sound because it is conducted in a private manner. The execution will take place in a closed private building that only certain citizens are allowed to attend and view. “Executions have changed drastically since the public executions in the 1700’s.” (Wikipedia 2011) This has helped to sway public opinion towards the use of capital punishment. Capital punishment does not violate the 8th amendment in the constitution. “The U.S. constitution specifically allows for the death penalty to be imposed as a criminal sanction.” (Scalia 2011) The implementation of the death... ... middle of paper ... ...ological deterrence against crime. Works Cited "Capital Punishment In the United States." www.wikipedia.org. Mar. 2011. Wikimedia Foundation, INC. 19 Oct. 2011. Carmical, Casey. "Capital Punishment is Morally Justified." www.galegroup.com. Jan. 2010. Greenhaven Press. 18 Oct. 2011. Marquis, Joshua. "Capital Punishment is Administered Fairly." www.galegroup.com. 2007. Current Controversies Series. 18 Oct. 2011. Scalia, Antonin G. "The Death Penalty does not Violate the U.S. Constitution." www.galegroup.com. 2011. Greenhaven Press. 16 Oct. 2011. Sunstein, Cass R., and Adrian Vermeule. "Capital Punishment is Moral to Prevent the Taking of Innocent Lives." www.galegroup.com. 2007. Current Controversies Series. 18 Oct. 2011. Watkins, Christine. "The Death Penalty Deters Murder." www.galegroup.com. 15 Nov. 2007. Center for Individual Freedom. 18 Oct. 2011.
Marquis, Joshua. “Should the Death Penalty Be Abolished?” The New York Times Upfront, 07, Oct. 2013 :22
Whitehead, John W. "The Death Penalty Should Be Abolished." Criminal Justice. Ed. Noël Merino. Detroit: Greenhaven Press, 2013. Opposing Viewpoints. Rpt. from "The Death Penalty Is a Miscarriage of Justice: It Should Be Abolished."www.rutherford.org. 2011. Opposing Viewpoints in Context. Web. 28 Apr. 2014.
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...
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
It's dark and cold, the fortress-like building has cinderblock walls, and death lurks around the perimeter. A man will die tonight. Under the blue sky, small black birds gather outside the fence that surrounds the building to flaunt their freedom. There is a gothic feel to the scene, as though you have stepped into a horror movie.
Latzer, Barry. Death Penalty Cases: Leading U.S. Supreme Court Cases on Capital Punishment. Boston: Butterworth-Heinemann, 1998.
The United States has a long history with the death penalty. The “first recorded execution was in Jamestown in 1608” (“Death Penalty in America” 259). Since then, thirty five states have continued to use the death penalty. Now it can be considered a normal punishment and many people feel strongly about it, but maybe we should forget what we have done in the past and take a second look. The death penalty should not be used in the United States because it is too expensive, affects the poor and minorities more than others, and (even though many people think it is true) the death penalty does not deter crime.
Colson, Charles W. “Capital Punishment.” The Rutherford Institute. 11 Nov. 2002. 30 May 2010 .
"The Case Against Death Penalty." Aclu.org. American Civil Liberties Union, 11 Dec. 2012. Web. 09 Dec. 2013. .
Avery, Luther. “Top 10 Arguments for the Death Penalty.” Akkora (2010): 1. Web. 1 Apr. 2014. http://akorra.com/2010/03/04/top-10-arguments-for-the-death-penalty/
Banks, Cyndi. "Capital Punishment: Overview." Issues: Understanding Controversy and Society. ABC-CLIO, 2014. Web. 27 Feb. 2014.
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
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
Fein, Bruce. "Individual Rights and Responsibility - The Death Penalty, But Sparingly." Speech. American Bar Association. Feb. 2003. Web. 20 Nov. 2013.