...In the United States there are 31 states that allow the Death Penalty and 19 states that have banned the Death Penalty. The Death Penalty, also known as Capital Punishment, has been a topic that has been debated about whether it should be legal or if it should be banned for years. The Death Penalty is the punishment of execution, ordered to someone who commited a capital crime, like murder. There are many reasons as to why the Death Penalty should be legal but there are just as many reasons for why it should be banned. Death penalty should be legal because it gives closure to families that have been affected by those who have been convicted for a capital crime. In the article “Reform, Don't Repeal, the Death Penalty,” written by The Los Angeles...
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...Proposition: The Death Penalty is unjustified. Introduction The most sacred principle in the American criminal justice system is that a defendant is innocent until they are proven guilty. If this is truly the most scared principle of the criminal justice system, then why have innocent people been released after being sentenced and serving time on death row? Since the reinstatement of the death penalty in 1976, how many times has innocence been proven after execution has already been done? Many people believe that capital punishment is an effective way of preserving law and order by deterring people from committing crimes. However, this is not always the case. There are three main reasons why I believe the death penalty is unjustified. They...
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...In the case of the death penalty, I am against it because I believe people are sometimes wrongly convicted for crimes and they might have to pay for a crime they didn’t commit with their life. Another reason why I am against the death penalty is because in my opinion, I think that there is no greater punishment than holding the individual that committed a heinous crime to spend the rest of their life having to live with what they did. The death penalty violates the 8th amendment on cruel and unusual punishments because the government is taking away someone's life for an action they did when all they might need is some psychological help. The government should apply some sort of action to try and help kids at a young age to see if they have any differences from the other kids. Another way to try and discourage people away from killing is to stop advertising killing like it's fun like on video games, since the kids who are playing it are the future of our country and all those games show is people killing each other to be at the top of the leaderboard. According to a study on oadp.org, it lists many reasons why the death penalty should be gone. One reason is, the death penalty is applied at random, from the 15,000 homicides that are committed a year, only 120 get the death penalty. So it hardly used. Also it showed that your race could play a huge part in how your sentencing could go, if you’re a minority your sentencing could be worse than a white person for example. Another...
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...Bill of Rights Unit 1 Lonzo Davis AIU Online Bill of Rights Unit 1 Lonzo Davis AIU Online The main overview of the bill of rights pertaining to criminal defendants in the 4th-6th and 8th Amendments is discussing what rights Americans can claim if they are accused of crimes. The 4th Amendment is the search and seizure. That is to stop the government from making general search and seizures of property. The 5th Amendment forbids double jeopardy, which is the act of bringing a person to trial a second time for the same crime (http://www.ushistory.org/gov/10c.asp). It also prevents a person of being convicted or accused of a serious crime without a grand jury investigation. The 6th Amendment also known as the right to counsel is the guarantee that a person accused of a crime have the right to a defense lawyer. The last one is the 8th Amendment which is cruel and unusual punishment. This Amendment prevents someone of suffering cruel and unusual punishment rather it’s a certain type of death penalty or a harsher sentence/punishment than the crime the person committed (http://www.ushistory.org/gov/10c.asp). One example of how the 8th Amendment affected procedures in the courts is, in 1972. Up until then the courts did not challenge the death penalty. In 1972 the case of Furman v. Georgia; the Supreme Court stated that capital punishment was not cruel and unusual punishment, but it has to be carried out in a fair and consistent manner (http://www.ushistory.org/gov/10c.asp)...
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...DEATH PENALTY ARLINCY ERSKINE WESTWOOD COLLEGE REFERENCES References (2010). Retrieved from www.bsos.umd.edu. (2013). Retrieved from www.citelighter.com. Bardes, S. S. (2013-2014). American Government and Politics Today. Boston: Cengage Learning. www.studentsnewsdaily.com. (2013). Retrieved from www.studentsnewsdaily.com. DEATH PENALTY Thesis As you further read into this paper you will understand the reason and cause for the death penalty in the United States. You will be educated how many states in the United States use the death penalty as a form of punishment and also what form of it is used. There are many methods of death some states opposed while others see it as “an eye for an eye”. Capital Punishment is defined as the practice of executing an individual as punishment for a specific crime. This is known as a state’s form of committing murder. Capital punishment comes from the Latin word meaning for the head. Some oppose it (those we term Conservative) and those who support it (these we term Liberal). Capital Punishment can range from simple punishments of cutting ones’ hand off for stealing to being hung, set in front of a firing squad, using lethal injection (a commonly used form), to being gassed, or the electric chair (a more common form). Some countries even use poisoning, starving, and burning (which some deem as unconstitutional). So because a state does it, is it legal? Or morally right? Yes because it is done...
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...The case Gregg vs Georgia all started when a man named Troy Leon Gregg was hitchhiking north in Florida with a 16 year old named Floyd Rayford Allen who only had 8 dollars between them. The two of them were given rides by two men named Fred Edward Simmons and Bob Durwood Moore. As they entered into Georgia the men stopped at a rest stop and Simmons and moore got outta the car Gregg told Allen “Were going to rob them” getting out and firing 3 shots causing Simmons and Moore to fall in a drainage ditch. Gregg quickly ran over to the men and shot them both in the head, took their money, jumped into the car and drove away. On November 24, 1973 Gregg was found driving Simmons car with 107 dollars, a pistol in his pocket and the bullets used to kill...
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...to deserve the jail time, but life sentences are the right thing. The 8th amendment does not support the death penalty. There is also the problem of innocent inmates that die, and then there is the money issue. There are a lot more reasons to keep the people off of death row and end the death penalty. One reason we should quit the death penalty is that 1 out of 25 inmates put to death are innocent and have been put up for the death penalty because of the lack of effort from their legal team. Either that or the state will deny their motion. They go to the death penalty to quick and do not even give it thought. In the case of a Death Row inmate Willie Poindexter...
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... February, 13, 2013’ Death Penalty is Constitutional The 8th Amendment prohibits the justice system to condemn cruel and unusual punishment. However there has been a big controversy whether death penalty is constitutional. In the Gregg case, the majority in the Supreme Court stated that the new requirements in order to sentence someone prevents jury’s from being, “Cruel and unusual”. “Moreover, they added the new Georgia statues were sufficiently rigorous so as to ensure that the death penalty would not be arbitrarily applied”, (Potter Stewart). Because Georgia has made strict rules in order to regulate death penalties, it has stopped jury’s from making decisions capriciously and arbitrarily. “The new Georgia sentencing procedures by contrast, focus the jury’s attention on the particularized nature of the crime and the particularized characteristics of the individual defendant.” Capital punishment is constitutional according to the Gregg vs. Georgia precedent. Before the judges can pull out the execution card, now they are obligated to examine the details of the action committed and examine the circumstances that have made the criminal commit the crime. By doing this first simple procedure it gives the defendant a chance to know that their truth would be valuable and would feel more security in knowing they wouldn't be discriminated on. Including every person that gets death penalty as a punishment will get an automatic appeal. The defendants...
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...for true justice for the murderers. In an online article, Ten Reasons to Oppose the Death Penalty, one of the ten reasons was that even the guilty have a right to life (Americamagazine.org). When you let a guilty man or woman live while their victim(s) are dead is an injustice for society. When someone takes another person's life there's an unbalance in justice. If we do not fix the balance between good and bad, society will be overcome by the bad, which is the inequality of letting someone who willingly kills someone live. An ethics guide points that the retribution is just a "sanitized from of vengeance" (BBC- Ethics Guide). To this argument I would like to turn the attention to a famous quote, "An eye for an eye will make the whole world blind." This quote means that getting revenge on someone can cause everyone to end up harmed, and that at the end revenge could only lead to negative effects. The rebuttal would have made a good point if capital punishment was meant for revenge, it is meant to punish those who did unforgivable acts. The criminal is getting punished for his actions like everyone else in society does when the law is broken. Of course there must be proportionality between criminal and punishment making the punishment for murdering someone or multiple people a more serious punishment. Many people against Capital punishment would also argue that the death penalty is unconstitutional, saying that it violates our rights that our country is based upon. Our...
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...(ProQuest Staff) The Death Penalty, “is the process by which convicted criminals are executed by a governing authority” (Issist and Newton). And “It violated the eighth amendment’s prohibition on cruel and unusual punishment” (ProQuest Staff). The death penalty should be abolished because it is a violation of the Eighth Amendment and often results in the deaths of innocent citizens. The death penalty should be abolished because it violates the 8th amendment. To begin, the death penalty is cruel and unusual and should not be allowed, but only “Eighteen states have abolished the death penalty” (Issitt and Newton). Warner, committed a murder and was given a botched execution. He was, “In a renovated death chamber, the lethal cocktail began flowing into the veins of...
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...Death Penalty The death penalty was mandated throughout the United States for any type of flagitious crime. Any crime against another individual who defiles the characteristics of being harmful toward another person or non-human should be executed by death. Currently, 33 states uphold the death penalty as a form of corporal punishment, including the Unites States government and their military. Since 1976, 1,136 criminals were executed for their heinous crimes. This calculates to be an average of 37 people per year electrocuted or received death by lethal injection. The death penalty is less costly than a life sentence. If a life sentence was deemed plausible as punishment for a criminal, the United States government will have to provide clothes, food, shoes, water, electricity, and shelter for that individual until death. However, by issuing a death sentence that actually would provide increased funding to the government for those individuals who will serve less time. (www.uspolitics.about.com/deathpenalty) There are a total of 17 states that do not uphold the death penalty. These states participate and uphold the 8Th Amendment. The 8th Amendment to the United States prohibits cruel and unusual punishment. It restricts the level of punishments that state and local governments impose upon the individuals who have been convicted of a criminal offense. This amendment gives one a chance to fight for their rights to live and possibly receive clemency before their day...
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...The first death penalty laws were established in the eighteenth century making it so you could only be hanged for murder. The first recorded death penalty that took place was in 1608, it was Captain George Kendall. This execution took place in the new colonies, he was put to death because he was suspected of spying for Spain he was executed by a firing squad. Capital Punishment has not been proven to deter crime and opens the possibility of executing innocent people; finally, the Death Penalty/Capital Punishment can cause 2nd hand trauma to the victim and their family. Capital Punishment violates the 8th amendment, it is labeled as cruel and unusual punishment. Capital punishment also violates the constitutional guarantee of equal protection,...
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...Lily Leco English 11 Mrs.Bivins 12/15/11 Capital Punishment Capitol punishment is Murder. It is wrong in so many ways. Capital punishment is when a person is sentenced to death because of a crime. It has been around for years. It has always been a controversial thing. In the novel A Lesson before Dying by Ernest Gaines, the main character, Jefferson, is sentenced to death after being accused of murdering a store owner, but in reality he is innocent. Capital punishment should be abolished because it is unconstitutional, it sends out the wrong message, and it is a waste of money. Capitol punishment is unconstitutional. The death penalty violates an amendment in the U.S constitution. In the article should the death penalty be banned as a form of punishment by Joe Messerli, he states “The 8th amendment of the U.S constitution prevents the use of “cruel and unusual punishment”.(Messerli) Many would interpret the death penalty as a violating this restriction”. This evidence shows how the death penalty is unconstitutional. The death penalty really does violate the 8th amendment. It is like a mother telling her kid that they are not allowed to eat candy at night, while she is eating candy at night. It is an ironic thing. Another thing Messerli states in his article is “It’s barbaric to allow state-sanctioned murder before a crowd of people”. (Messerli)This statement is very true, capital punishment makes the United States seem barbaric. Capital punishment goes against the constitution...
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...hence resulting to the society as more hardened criminals. Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The Supreme Court of the United States initiated a review of the case against Christopher Simmons to determine whether death penalty was allowed by constitution for persons under the age of 18 at the time of crime commission. The case concerned Christopher Simmons arrested at the age of 17 for Shirley Crook’s murder. Simmons had been found of a first-degree murder and had subsequently been...
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...[Type the company name] [Year] [Type the document title] [Type the document subtitle] alkazar CAPITAL PUNISHMENT Capital punishment, also known as death penalty or execution is a lawful infliction of death upon a person as a punishment for an offense. It has been practiced in the past by most societies, although only 58 nations still practice it, with 95 countries having abolished it. It’s a matter of active controversy in various countries and states. The bible prescribes death for murder and many other crimes, including kidnapping and witchcraft The death penalty has been use in America since 1608. WHAT DOES IT TAKE TO THE DEATH PENALTY Getting capital punishment in any state is not a foregone conclusion in any homicide case. * First the District Attorney has to charge the defendant with first degree murder and seek the death penalty; this is not something they do lightly. * The defendant may offer a plea bargain where he will plead guilty in return for the DA not to have the death penalty, otherwise if the case goes to trial the jury has to find that person guilty in the first degree. * Therefore after the first phase of the trial when a defendant is found guilty in a capital murder case it has to be a second penalty phase where the prosecution can put forward aggravating factors and the defense can show mitigating factors and jurors have to make sure that those factors have been proved and between those jurors. If one of them objects...
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