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The Controversy Surrounding the Death Penalty
Is the death penalty fair? Is it humane? Does it deter crime? The answers to these questions vary depending on who answers them. The issue of capital punishment raises many debates. These same questions troubled Americans just as much in the day of the Salem witch trials as now in the say of Timothy McVeigh. During the time of the Salem witchcraft trials they had the same problem as present society faces. Twenty innocent people had been sentenced to death. It was too late to reverse the decision and the jurors admitted to their mistake. The execution of innocent people is still a major concern for American citizens today.
Capital punishment barely made its way into American society. In Britain, public executions were festive and frequent in the 15th century. At the same time a movement to abolish the death penalty gained support throughout Europe. In 1753, Russia became the first important nation to ban the death penalty. The English instilled the death penalty upon America when it was just a colony. Ben Franklin opposed the death penalty as he helped write the Bill of Rights and the well alluded to 8th Amendment. In 1846 Michigan was the first to repeal capital punishment. By 1917, ten states had repealed capital punishment.
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."
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.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
Don't you think that putting people to death is brutal? Wouldn't you rather have them stay in prison for the rest of their lives? In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder.
Since 1967, a total of 1392 executions have occurred in the United States ("Executions by Year"). What a shocking amount! This staggering number creates questioning on the topic of capital punishment. Is the death penalty really constitutional? Research and study over the topic leads to the conclusion that capital punishment should not be instituted in the United States for various reasons. The death penalty is immoral, unconstitutional, and inaccurate due to human errors.
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.
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:
The death penalty ?cruel and unusual punishment.? At one time in history around six hundred people were executed, and in those six-hundred eighty of them were innocent but still executed (Thomas 2). Many people say that the death penalty is lawful. They think that if the punishment is carried out by the government and not by one person it is fine, and it is not cruel and unusual punishment (Carmical 2). Yes, the men who constructed the constitution supported the death penalty, but times have changed and so has the constitution. The constitution should abolish the death penalty (Carmical 5).
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.
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).
The death penalty has been accepted in the United States, but was not always approved by the people. In the late eighteen hundreds there was enough attention gathered to the death penalty to lead to restrictions. Many northern states abolished the practice all together like Michigan, Wisconsin, and Rhode Island (Wilson p.45). Pennsylvania in 1794 decided to revises its laws on the death penalty. The state decided to use the penalty mainly for first-degree murder. Around this time many states where deciding t...
The death penalty is always going to be a “hot topic” in today’s society. The Eighth Amendment guarantees a criminal’s rights against cruel and unusual punishment. The Eighth amendment was adopted in 1791, when beheading, burning at the stake and crucifixion was just a few of the ways to execute a criminal.
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
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.
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.
...ve enactments and state practice with respect to executions.” However in determining whether the death penalty is disproportionate to the crime also depends on the standards elaborated by controlling precedents and on the Court’s own understanding and interpretation of the Eighth Amendment ’s text, history, meaning, and purpose.
“An eye for an eye, a tooth for a tooth” is how the saying goes. Coined by the infamous Hammurabi’s Code around 1700 BC, this ancient expression has become the basis of a great political debate over the past several decades – the death penalty. While the conflict can be whittled down to a matter of morals, a more pragmatic approach shows defendable points that are far more evidence backed. Supporters of the death penalty advocate that it deters crime, provides closure, and is a just punishment for those who choose to take a human life. Those against the death penalty argue that execution is a betrayal of basic human rights, an ineffective crime deterrent, an economically wasteful option, and an outdated method. The debate has experienced varying levels of attention over the years, but has always kept in the eye of the public. While many still advocate for the continued use of capital punishment, the process is not the most cost effective, efficient, consistent, or up-to-date means of punishment that America could be using today.