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Racial discrimination in the justice system
ARGUMENTATIVE ESSAY ON capital punishment
ARGUMENTATIVE ESSAY ON capital punishment
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Capital punishment is a controversial topic in that people can only really have two opinions on the matter. Either you believe that it is acceptable to kill someone for their wrong doings, or you do not. I never really formed my own opinion on capital punishment until this past election season, when I started researching state bills I would be voting on. I realized that there are both good and bad aspects to the death penalty and all that comes with it. There are many points of view that can be used when talking about capital punishment. From a consequentialist retentionist’s point of view, the death penalty prevents future crimes from occurring, because those who have the want/need to commit crimes would fear capital punishment and those …show more content…
However, Bryan Stevenson’s argument against capital punishment makes me question its overall viability. Stevenson said “the pervasive and indelible taint of racial discrimination reveals a fundamental problem endemic to capital punishment” (Stevenson, 378). The number of African Americans and Latinos prosecuted in the United States is much higher than white people, and it has always been this way. Stevenson says that the unfair treatment of minorities starts with their arrest and carries on throughout their case until sentencing. Paul Cassell, however, believes the opposite. Cassell says “once arrested for murder, blacks are actually less likely to receive a capital sentence than are whites” (Cassell, 374). Both parties provide statistics that support their arguments, but Cassell specifically calls out a portion of Stevenson’s argument, saying that he used “specialist statistics” to make his case more sound, when in reality they hold no more power than mass market statistics. Cassell basically says that abolitionists are looking for reasons to say that our justice system is racist, but they are focusing on areas that had innate racism threaded into their culture from early on. I personally cannot decide whether Cassell or Stevenson is right. They both provided an immense amount of proof backing up their claims, but the crazy liberal in me believes there will always be racism in our justice system. Clearly not everyone working to create a safer nation is deliberately trying to arrest/jail/kill minorities, but there will always be a select few that are. Whether you are for or against capital punishment, there are sound cases for both
In 1608 the case of Captain George Kendall became the first recorder Capital Punishment case in the colonies. Capital punishment has been a very controversial topic since the beginning of the 13 colonies. Capital Punishment is defined as the legally authorized killing of a subject as punishment for committing a crime, mostly involving a homicide. In the first couple of years that Capital Punishment was first used, the subject would be hung from a tree in a public viewing, but as laws changed it became a more private practice. Many people have issues with Capital punishment, while some people believe it is just. Lawyers have fought for many years for what they believe to be the injustice and immoral practice of killing a human being,
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
“How the Death Penalty Saves Lives” According to DPIC (Death penalty information center), there are one thousand –four hundred thirty- eight executions in the United States since 1976. Currently, there are Two thousand –nine hundred –five inmates on death row, and the average length of time on death row is about fifteen years in the United States. The Capital punishment, which appears on the surface to the fitting conclusion to the life of a murder, in fact, a complicated issue that produces no clear resolution.; However, the article states it’s justice. In the article “How the Death Penalty Saves Lives” an author David B. Muhlhausen illustrates a story of Earl Ringo , Jr, brutal murder’s execution on September ,10,
In Bryan Stevenson’s essay, “Close To Death: Reflections on Race and Capital Punishment In America” he claims that there is a tremendous racial problem in our criminal justice system. Stevenson explains,
In “The Death Penalty” (1985), David Bruck argues that the death penalty is injustice and that it is fury rather than justice that compels others to “demand that murderers be punished” by death. Bruck relies on varies cases of death row inmates to persuade the readers against capital punishment. His purpose is to persuade readers against the death penalty in order for them to realize that it is inhuman, irrational, and that “neither justice nor self-preservation demands that we kill men whom we have already imprisoned.” Bruck does not employ an array of devices but he does employ some such as juxtaposition, rhetorical questions, and appeals to strengthen his argument. He establishes an informal relationship with his audience of supporters of capital punishment such as Mayor Koch.
Early societies were based on a simple code of law: "an eye for an eye
The purpose of the death penalty is to spare future victims of murder by carrying out the threat of execution upon convicted murderers. The death penalty punishes them not for what they may or may not do in the future but what they have already done. It's unclear that the murderer has the same right to live as their victim. Thomas Geraghty states “opinion polls report that more than 70% of Americans do not favor the death penalty for murder.
The capital punishment has been cited as a reasonable sentence by those who advocate for retribution. This is essentially when it comes to justice so that people take full responsibility for their individual actions. Studies have proved that the decision to take away life of a person because they committed a certain crime serves to perpetuate the crime in question. It also serves to enhance the progress of organized and violent crime. It has been noted that various flaws in the justice system has led to the wrong conviction of innocent people. On the other hand, the guilty have also been set free, and a plethora of several cases has come up when a critical look at the capital punishment has been undertaken. Killers hardly kill their victims deliberately, but they probably act on anger, passion, or impulsively. In this regard, it is not proper to convict them exclusively without
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
In the story of “Just Mercy”, Bryan Stevenson recalls pursuing law and the need to help those who were wrongfully convicted. However, during Bryan’s quest to do the undoing of those wrongfully sentenced to death row, he faces obstacles in getting funded, rejection from judges and discrimination from the community and the Alabama law system. Bryan, recounts the cases he won and the cases he will never forget in his book. I believe Bryan Stevenson saw the good in every prisoner he met with. He believed in justice and helping the people who were pushed on the rug and forgotten.
The death penalty, ever since it was established, has created a huge controversy all throughout the world. Ever since the death penalty was created, there have been people who supported the death penalty and those who wanted to destroy it. When the death penalty was first created the methods that were used were gruesome and painful, it goes against the Eighth Amendment that was put in place many years later. The methods they used were focused on torturing the people and putting them through as much pain as possible. In today’s society the death penalty is quick and painless, it follows the Eighth Amendment. Still there are many people who are against capital punishment. The line of whether to kill a man or women for murder or to let him or her spend the rest one’s life in prison forever will never be drawn in a staight.
While we may all want murders off the street, the problem we come to face is that capital punishment is being used for vengeance or as a deterrent. Capital punishment has been used worldwide, not only by the governments to instill fear, but to show that there are repercussions to ones actions. From the time we are born, we are taught to learn the difference between right and wrong. It is ingrained in our brains, what happens to people that do bad things? Capital punishment is renowned for being the worst thing that could be brought amongst ones life.
Saleh-Hanna, a contributer to the book 'The Case for Penal Abolition' has recently done some research and found that, ?research and evidence has shown that most prisoners are poor, they come from minority populations and have faced great discrimination and racism in the community both before they committed their crimes and during the criminal justice process.? The death penalty is racist because there are higher percentages among those of ethical background. Quoted from the book, Death Penalty Cases: Leading U.S Supreme Court Cases on Capital Punishment, Death-penalty opponents respond that the race card plays a role in other ways. When a defendant has been convicted of killing a white person the odds that the defendant will be executed by the state are much higher. Eighty-five percent of those who have been executed since 1976 were convicted for killing a white person, while only 13% were executed for killing a black person. When will people realized that just because a person is of another race that they are more dangerous than another race.
The death penalty has been an issue of debate for several years. Whether or not we should murder murderer’s and basically commit the same crime that they are being killed for committing. People against the death penalty say that we should not use it for that very reason. They also make claims that innocent people who were wrongly convicted could be killed. Other claims include it not working as a deterrent, it being morally wrong, and that it discriminates.
Capital punishment has been in effect since the 1600's (Cole 451). However, in 1972 the U.S. Supreme Court ruled that the death penalty was cruel and unusual punishment, which was unconstitutional according to the Eighth amendment. It was public opinion that the current methods of execution, hanging, electrocution, and facing a firing squad, were too slow and painful upon the person to be executed (Cole 451). The U.S. Supreme Court reversed this decision when a "cleaner" way to bring about death was found in 1976. This "cleaner" way is death by lethal injection, which is quick and painless if administered right (Cole 450). Since capital punishment has been reinstituted many people have argued for and against capital punishment. Some say the death penalty is what the criminal deserves while others object to it because death is irreversible. I feel the death penalty is a good form of justice because only about 250 people a year get the death penalty and they are guilty beyond a doubt and don't deserve living with the possibility of parole. The sentencing judge or jury are ordered by the Supreme Court to look for "specific aggravating and mitigating factors in deciding which convicted murderers should be sentenced to death" (Cole 451). Some of these mitigating factors are the defendant's motivation, character, personal history, and most of all remorse (Costanzo).