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History of the death penalty
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The Death Penalty and the Eighth Amendment
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 Supreme Court considered particular applications of the death penalty in the 1940s and 1950s. In each case it upheld the state's action without addressing the larger issue of the death penalty's constitutionality. In the 1960s, the NAACP Legal Defense Fund, led by Professor Anthony Amsterdam mounted a full-scale attack on the death penalty. Adopting a "moratorium strategy," the LDF succeeded in blocking all executions for five years, creating a "death-row logjam."
In Furman v Georgia in 1972, the Court invalidated all then-existing death penalty laws based on the inherent arbitrariness of their application. Most observers at the time concluded that there would never again be an execution in the United States. They were wrong. In 1976, in Gregg v. Georgia, the Court upheld Georgia's new capital-sentencing procedures, concluding that they had sufficiently reduced the problem of arbitrary and capricious imposition of death associated with earlier statutes.
The Court continued to face questions concerning the application of the death penalty: to non-murderers, to minors, to mentally disabled prisoners, to racial minorities. One such case is McCleskey v. Kemp, a challenge based on a study that showed murderers of white victims were far more likely to be sentenced to death than murderers of black victims.
The Eighth Amendment says: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Constitution). How does it square with the actual facts of capital punishment:
1. The average inmate put to death in 1998 spent ten years and ten months on death row.
2. In 1998, 285 people were sentenced to death.
3. At the close of 1999, Texas has the most prisoners on death row (39), followed by California (31), and Alabama and Florida (25 each).
4. Over 3,500 prisoners are currently on death row.
5. Thirty-nine states have death penalty laws on their books.
One of the most eloquent attacks on the death penalty ever delivered in an American courtroom came in the Leopold & Loeb Case in 1924. Clarence Darrow's eloquence is often credited with saving the lives of two confessed teenaged murderers.
“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,
Opponents of the death punishment lauded the Supreme Court decision in the 1972 ruling that a jury's unregulated option to impose the death penalty led toward a "wanton and freakish pattern of its use" that was cruel and unusual. However, the anti-death penalty lobby was not the outright winners because the court failed to call the death penalty unconstitutional. Just a few years later, capital punishment was back with full force in the United States.
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The courts have declared that if a sentence is inhuman, outrageous, or shocking to society, it would be considered cruel and unusual. For example, cutting body parts off, breaking on the wheel, crucifixion, and so on. The Founding Fathers intention for the Eighth Amendment was to give the government into the hands of people and take it away from arbitrary rulers and judges, who might expose any amount of excessive bail or cruel and unusual punishment that they wished....
By the mid 1960s, the death penalty seemed fated for extinction. Only seven executions were conducted in 1965 and only one in 1966. For about ten years supporters and opposers of capital punishment looked to the Supreme Court for a final ruling on the constitutionality of the death penalty. The word came out in 1976 in the case of Gregg v. Georgia. The court ruled that, " the punishment of death does not violate the Constitution."
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Thirty-two of the fifty states of the United States of America have capital punishment and in those thirty-two sates there are over three thousand people on death row as of January 1, 2013, according to the Death Penalty Information Center. The murderers of today’s society can be assured of a much longer life even after conviction because of the appeals process slowing the implementation of their death sentence. (Oberg) The imposition of the death penalty is extremely expensive because it allows for endless appeals at the expense of the taxpayers. The effectiveness of the death penalty is greatly compromised when it is not carried through. There needs to be a certainty attached to it to make it effective, and that has not happened. There needs to be one trial, one appeal, and then either acquittal, or execution. (Baltimore Sun) The states need to stop pushing for the abolition of the death penalty and start looking for a way to make it more cost-effective.
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The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was "cruel and unusual" punishment (Amnesty International). In the 1970s, the executions by year dropped between zero and one then started to rise again in the 1980s. In the year 2000, there were nearly one hundred executions in the US (News Batch). On June 29, 1972, the death penalty was suspended because the existing laws were no longer convincing. However, four years after this occurred, several cases came about in Georgia, Florida, and Texas where lawyers wanted the death penalty. This set new laws in these states and later the Supreme Court decided that the death penalty was constitutional under the Eighth Amendment (Amnesty International).
Pasquerella, Lynn. “The Death Penalty in the United States.” The Study Circle Resource Center of Topsfield Foundation. July 1991. Topsfield Foundation. 03 Feb 2011. Web.
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
Christianity began circa 30 CE in Palestine, known today as Israel. God sent an angel to a woman named Mary that told her that she would be having a baby. While in a stable in Bethlehem, she gave birth to Jesus, who would eventually become the founder of Christianity. At the age of 30, Jesus was baptized, or welcomed by the Christian faith, by his cousin John. Jesus' followers believed that he was their "messiah," or savior, and God in human form. However, as Jesus began to spread Christianity, his popularity threatened Jewish authorities, resulting in the arrests of many Christians. Despite this, Christianity still spread throughout the world.
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Every year approximately 250 new offenders are added to death row. In 1994 there were 2,850 persons awaiting execution. Yet no more than thirty-eight people have been executed a year since 1976. This is a ridiculously low number compared to 199 persons executed in 1935 (all from Cole 451). The reason for this slow execution rate is the process of appeals, from sentencin...
Crime is everywhere. Wherever we look, we find criminals and crime. Criminals have become a part of our daily lives. Does this mean we let them be the darkness of our society? No, definitely not. Eliminating crime and criminals is our duty, and we cannot ignore it. Getting the rightly accused to a just punishment is very important. Some criminals commit a crime because they have no other option to survive, but some do it for fun. I do not advocate death penalty for everybody. A person, who stole bread from a grocery store, definitely does not deserve death penalty. However, a serial killer, who kills people for fun or for his personal gain, definitely deserves death penalty. Death penalty should continue in order to eliminate the garbage of our society. Not everybody deserves to die, but some people definitely do. I support death penalty because of several reasons. Firstly, I believe that death penalty serves as a deterrent and helps in reducing crime. Secondly, it is true that death penalty is irreversible, but it is hard to kill a wrongly convicted person due to the several chances given to the convicted to prove his innocence. Thirdly, death penalty assures safety of the society by eliminating these criminals. Finally, I believe in "lex tallionis" - a life for a life.