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Research On Death Penalty
Research On Death Penalty
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The death penalty or some prefer to call it capital punishment has been around since 1608. During the foundation of our country there were twelve death – eligible crimes of the Massachusetts Bay Colony and they were as follows: idolatry, witchcraft, blasphemy, murder, manslaughter, poisoning, bestiality, sodomy, adultery, man stealing , false witness in capital cases and conspiracy & rebellion. While some are absolutely for it and some are absolutely against it there is one factor that comes into play on both sides of the argument and that factor is religion. Many people will state that there is or should be a line between church and state however religion has and will always play a major role in ones conceptual thinking as to what is right and as to what is wrong what is moral and what is immoral. Despite the fact that people would rather think or rationalize without involving religion is nearly impossible. “By virtually any definition, religion involves a central concern with making sense of life and death. The American legal system, rooted in Judeo-Christian ethics, routinely confronts issues that test our basic assumptions about the meaning and sanctity of life and about the role of the State in shaping and sustaining such meanings” (Young,1992). In the study conducted by Miller and Bornstein in 2006 regarding the use of religion and religious appeals in a death penalty case the researchers set out to find if these “religious appeals influenced the way of thinking. It is said that defense attorneys are hired to defend their client and give an argument that will be most beneficial for the client. There are various cases that have occurred dealing with the religious appeal argument that attorneys have used to persuade jurors i... ... middle of paper ... ... one does and believe how one believes. From devout Christians to confirmed agnostics and atheist religion shapes how one thinks, acts and conducts oneself. Also those who tend to most affected by the death penalty tend to be the most against it. The results of Eisenburg, Garvey and Wells’ researcher overlap the study Young did 9 years prior. Those results being that Black jurors are substantially more likely than white jurors to vote for life on the first ballot, but not on the final one. All jurors tend in the end to vote with the initial majority. Jurors who identify themselves as Southern Baptists (almost all of whom are white) are apt to cast their first vote for death. Support for the Death Penalty Matters. Capital juries often contain members whose support for the death penalty undermine their impartiality and renders them legally ineligible to serve as jurors.
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
The death penalty, a subject that is often the cause of major controversy, has become an integral part of the southern justice system in recent years. The supporters and opponents of this issue have heatedly debated each other about whether or not the death penalty should be allowed. They back their arguments with moral, logical, and ethical appeals, as seen in the essays by Ed Koch and David Bruck. Although both authors are on opposite sides of the issue, they use the same ideas to back up their argument, while ignoring others that they don’t have evidence for. Koch and Bruck’s use of moral, logical, and ethical persuasion enhance both of their arguments and place a certain importance on the issue of the death penalty, making the readers come to the realization that it is more than just life and death, or right and wrong; there are so many implications that make the issue much more 3-dimensional. In dealing with politics and controversial issues such as capital punishment.
Since Furman v. Georgia, the Supreme Court struck down Georgia’s death penalty due to infrequencies and the randomness of the imposition of the death penalty. (Mandery, 2012, p.135). The two justices who switched sides between the Furman case and the Gregg case, both expressed mayor concern in Furman with the infrequency and randomness with which juries imposed the death penalty. “For Justice Potter Stewart, the arbitrariness was a matter of fairness. For Justice Byron White, the concern was utilitarian a randomly and infrequently imposed death penalty could not possibly deter” (Mandery, 2012, p.135), they both expressed similar concerns about the apparent arbitrariness with which death sentences were imposed under the existing law, each found the unpredictability of the original statute fatal, it seems only fair to ask whether the revised Georgia statute has created greater rationality. (Mandery, 2012, p.135) The Supreme Court realized that the process in which defendants were being persecuted was not based a fairness practices; it was administrated in a different way by different judges, juries, prosecutors, etc. The Supreme Court found only how the death penalty was applied was cruel and unusual; it was too uneven and inconsistent. As a result of the 1972 Furman decision, hundreds of inmates on death row had their sentences commuted to life, and a significant number of those inmates have now been
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
However, the majority of people would want answers and clarification for numerous questions, is it morally acceptable to have a jury that has no knowledge about the law decide on the culpability or innocence of the defendant? Is it fair to have the jury make this decision based on their personal beliefs or based on little or no evidence? How can the system ensure that juror’s verdict do not reflect prejudiced community standards? Is it ethical to place a defendant on death row if a decision is made solely based on discrimination? How logical is it to continue with this practice if there is proof that it is not an effective method of deterrence? What will be the consequences of completely abolishing the death penalty for good? The purpose of this paper is to analyze the death penalty history, political influence and the ethical issues to establish a possible solution to the current conflict in the criminal justice system and also in the society as a
576). In 12 Angry Men, the jury that is voting is a death-qualified jury and all but one wants to convict. They are more prejudiced towards this Hispanic boy who could very well be innocent. In Young’s (2004) study, he proved that death-qualified juries were more likely to have prejudiced views of minorities that they are more willing to convict. In this study, he took a poll that resulted in the death-qualified juries saying that it is worse to let the guilty go free than to convict an innocent person. In both the film and Young’s (2004) study, it is shown that death-qualified juries are very quick to convict when they have someone’s life in their
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.
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
Travelling around the world, this paper presents the various religious perspectives evidenced in recent actions taken regarding the death penalty.
The death penalty continues to be an issue of controversy and is an issue that will be debated in the United States for many years to come. According to Hugo A. Bedau, the writer of “The Death Penalty in America”, capital punishment is the lawful infliction of the death penalty. The death penalty has been used since ancient times for a variety of offenses. The Bible says that death should be done to anyone who commits murder, larceny, rapes, and burglary. It appears that public debate on the death penalty has changed over the years and is still changing, but there are still some out there who are for the death penalty and will continue to believe that it’s a good punishment. I always hear a lot of people say “an eye for an eye.” Most people feel strongly that if a criminal took the life of another, their’s should be taken away as well, and I don’t see how the death penalty could deter anyone from committing crimes if your going to do the crime then at that moment your not thinking about being on death role. I don’t think they should be put to death they should just sit in a cell for the rest of their life and think about how they destroy other families. A change in views and attitudes about the death penalty are likely attributed to results from social science research. The changes suggest a gradual movement toward the eventual abolition of capital punishment in America (Radelet and Borg, 2000).
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.
Few issues have been as hotly argued and controversial as the death penalty, with its many conflicting moral, social and legal implications. Compelling arguments exist in favor of the final punishment, and equally strong arguments exist to end its practice. Furthermore, considering its conflicting history, on the grand scale of the whole world, and in just America, it is unlikely that this issue will be resolved any time soon. In the United States specifically, the issue has great significance to the bill of rights and the 8th amendment, which prevents cruel and unusual punishment. The death sentence, due to the intense debate on its morality and constitutionality, as well as the many conflicting decisions made about it until this day, still is and will likely remain a very controversial issue in the United States.
The death penalty has been around for centuries. It dates back to when Hammurabi had his laws codified; it was “an eye for an eye, a tooth for a tooth”. Capital punishment in America started when spies were caught, put on trial and hung. In the past and still today people argue that, the death penalty is cruel, unusual punishment and should be illegal. Yet many people argue that it is in fact justifiable and it is not cruel and unusual. Capital punishment is not cruel and unusual; the death penalty is fair and there is evidence that the death penalty deters crime.
Capital punishment goes against almost every religion. Isolated passages of religious scripture have been quoted in support of the death penalty, almost all religious groups in the United States regard executions as immoral. There is no credible evidence that capital punishment deters crime from the streets in America. Scientific studies have consistently failed to demonstrate that executions deter people from committing crime anymore than long prison sentences. Moreover, states without the death penalty have much lower murder rates. Executions are carried out at staggering cost to taxpayer.The funds spent for execution should be used to target the issue of killing and find solutions to help communities unite to demonstrate a more peaceful environment. Recent CNN reported how studies done have found that the death penalty criminal litigation, costs taxpayers far more than seeking life without parole. (CNN, 2015) The states spends millions of dollars to put away death row inmates when the funds could be used to help channel society in tune with how to become more positive and getting help to those who need
Ethics and morality are the founding reasons for both supporting and opposing the death penalty, leading to the highly contentious nature of the debate. When heinous crimes are com...