...sentenced to death than those who killed blacks. (Pierce & Radelet, Santa Clara Law Review, 2005). For over one hundred years there have been adamant efforts to abolish capital punishment in America. (Davis, 1957) The death penalty has been a constant controversy amongst American citizens. There are many standpoints to be taken on the dispute. Supporters of the death penalty plead that it can be justified with sufficient due process, while others contradict that a human’s life is irreplaceable and that every person has the right to live. In order to gain a deeper understanding and a better idea of the death penalty and its development into modern day society, it is crucial to examine the historical lawsuits that have been decided in favor or against the capital punishment in America. In 1987 a monumental lawsuit hit the Supreme Court. McCleskey vs. Kemp 481 U.S. 279, (1987), ruling that McCleskey was to be sentenced to death for an armed robbery that resulted in the murder of a police officer. Appealing for his life, McCleskey argued that studies proved that racial discrimination lived with in capital punishment rulings. He heavily relied on a study conducted by Professor David C. Baldus also known as “Baldus Study”. His study concluded that black defendants were more likely to be punished with capital punishment than white defendants, especially if the victim was white. McCleskey tried to state that this proved his sentence was unconstitutional due to the Fourteenth Amendment...
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...Capital punishment: A gruesome punishment To start off my paper here is a definition of what capital punishment is. Capital punishment is a cruel punishment used to punish those guilty of murder, but has also been found to be useful for other crimes such as armed robbery,kidnapping,rape and treason. Capital punishment is a punishment so cruel that people feel it’s the only punishment for wrongdoing. Capital punishment is an effective way, but is not always the answer for punishment. Capital punishment is another word for death penalty is given to those convicted to those found guilty of crimes they committed. The death penalty has been around since the beginning of civilization. In ancient times the Romans use of the death penalty was stoning,...
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...CAPITAL PUNISHMENT: SHOULD IT BE ABOLISHED? Capital Punishment: Meaning Punishment can be defined as suffering, loss, pain or penalty inflicted upon an individual by a legal authority, as a consequence of certain acts of commission and omission. Punishment has two aspects. First is ‘utilitarian’ in which punishment is used as a tool for increasing happiness of the society by pointing out to the criminal the wrongfulness of his crime as well presenting the punishment as a deterrent to both the criminal and the society for not repeating the crime. Second aspect is ‘retributive’ which serves as a consolation to the aggrieved or his kin that the criminal has been adequately punished. Capital punishment is the ultimate punishment in which life of a criminal is taken away by a legal authority under a process established by the law. International Scenario Although, UN “Universal Declaration of Human Rights” does not say anything explicitly about death penalty, Article 5 of the said declaration prohibits torture or cruel, inhuman or degrading treatment or punishment. Activists have been arguing that death penalty is cruel and inhuman and hence covered under this article. The Second Optional Protocol to the International Covenant on Civil and Political Rights, adopted by the UN General Assembly in 1989, provides for the total abolition of the death penalty except in times of war or imminent threat of war. Protocol No. 6 to the European Convention for the Protection of Human...
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...PRO Capital punishment which is also known as the death penalty has become an increasingly controversial issue over many decades. Capital punishment is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person. Capital punishment should be legalized in all states, because it is morally just and it will deter crime. The many opponents of capital punishment who are against it feel that the death penalty is not a deterrent and that it is a thing of the past. It has no place in a civilized society today. One of the biggest arguments against capital punishment is people feel that it violates the eighth amendment which forbids cruel and unusual punishment. People against Capital Punishment believe the death penalty is absurd and is in un-Christian practice. Further more, they feel society should not" encourage sentiments of revenge or cater to morbid interest in ritual execution." Criminologists also built a strong case that the threat of death failed to deter murder, anymore effectively than prison. Therefore, to inflict harm to one, it is simply useless. However, the punishment fits the crime therefore, it is morally just. Capital punishment is an expression of society's moral outrage at offensive conduct. This may be appealing to many but it is essential in an ordered society. It asks our citizens to rely on legal procedures rather than to self-help their wrongs doings. It is morally right to sentence...
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...brain and extremities in a horrifying manner, causing the nauseating stench of burnt flesh to quickly pervade the open air. John Evans's execution, which should have been only 30 seconds, lasted 14 minutes long. Whenever the phrase “death penalty” is brought up, two sides of extremists are riled up shouting for either approval or forbearance; thus creating a whirlpool of dissent and provocation. Many critics of this controversial issue may state that the moral aspects are inhumane and that the use should be discontinued from the United States; however, the crimes deemed worthy of capital punishment should not and cannot be overlooked simply because of a certain belief. The implementation of the death penalty should remain in practice to prevent heinous crimes and victimization of the innocent. Sometimes the “chair” truly is the best seat in the house. The supreme court case of Alabama vs John Louis Evans of 1977 shifted the viewpoint as to how the United States would approach the sensitive issue of the death penalty. John Evans was the first inmate to be executed by the state of Alabama after the United States re-instituted the death penalty in 1976 (Blanco). Over the course of two months, Evans and his accomplice participated in a crime spree involving in over thirty robberies, extortion schemes, and several kidnappings. He was charged with first degree murder and...
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...deals with the death penalty, also known as capital punishment, but whether it should be abolished or not . While some believe that the death penalty is “cruel and unusual punishment” violating the 8th amendment of the United States Constitution, others argue that “an eye for an eye” does justice. Thirty-four different states support this type of punishment including Oklahoma, leaving fifteen states that do not. According to Newport and the Gallup Polls, as of May 2007, “sixty-six percent of Americans -- almost the same percentage that supports the death penalty” consider the death penalty “morally acceptable.” Only twenty-seven percent of people believe the death penalty is morally wrong. Some say that the “legality in the United States is critically undermining American moral stature around the world (Ballaro & Cushman)." The death penalty is a very emotional, complex, and rather complicated matter that includes, but not limited to, the argument of the pros and cons as well as the fact that some convicted people whether executed or not are then later freed from guilt and blame (exonerated). There are many different pros of the death penalty, but I have chosen to only discuss a few of the most controversial topics. Supporters of death penalty believe that “[j]ustice is only achieved when a crime is met with the proper punishment (Pearce).” One issue that the pros argue for is the morality of the death penalty. Capital punishment is often demanded by the supporters that it is...
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...April 15, 2012 Capital Punishment Capital Punishment is the killing of people as punishment for their crimes legally (Haines 3). Since the beginning of time, capital punishment has been a way of punishing people who have committed higher levels of crimes. Although capital punishment has been around for centuries, the first known case of the death penalty in the American colonies happened in the James town colony in 1608 when George Kendall was executed for spying for the Spanish (Green, Melissa S.,compiler. (1998-2009). Focus on the Death Penalty). Capital Punishment is a subject in the United States that was and still is very controversial. Many people want capital punishment to be abolished but on the other hand there are a handful of people who want capital punishment to end. The purpose of this study is to show why capital punishment should be abolished. Capital punishment needs to be abolished because there are way too many cases and executions. During the time span of the Revolutionary war, capital punishment was widely accepted. During this time 162 documented cases of capital punishment were recorded. In the nineteenth century, following that era, capital punishment had increased to 1,391 documented cases. As of April 1, 2008, there were a total of 1,099 people who received the death penalty. The State of Texas had the most cases of capital punishment with a number of 405 cases (Bureau of Justice Statistics 1-2). That is way too many cases just for one state. The...
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...Douglas S. Coppin The Effects of Capital Punishments NIC / Executive Leadership June 2013 Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited...
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...J. Clark English 101-8 September 15, 2014 And Justice for All Punishment stems from our parents, our mom or dad or maybe even both, and their learnings stem from their parents. They would lecture, about the rights and wrongs. So when a child grows up, maybe steals a pack of gum at age five, something petty, they get away with it, get a thrill because they were never caught. That small, minor theft turns into something a little larger over time, each time as they grow. That frivolous pack of gum has grown into a larger larceny, maybe grand theft, or robbing a bank, eventually leading to murder, this is known as ‘the progressive effect’. Most of us have a moral compass, so what should happen if that compass breaks? What is the purpose of punishment? The fundamental principal of justice is that the punishment should fit the crime. When one plans and brutally rapes or murders another, doesn’t it make sense that the punishment for the culprit be equal to their crime? I believe in capital punishment, it is beneficial for society as a whole. Capital punishment provides a strong deterrence against future crimes. Capital punishment protects the rights of victims and saves costs of tax payers. The death penalty is a legal appropriate measure in the U.S. legal system. In a perfect world, there would be no serious predatory crime, none enough to have heated debates concerning capital punishment anyway. But this world is not perfect, and unfortunately we do have...
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...Argument for Capital Punishment Since the 1970's, almost all capital sentences in the United States have been imposed for homicide. There has been intense debate among Americans regarding the constitutionality of capital punishment. Critics charge that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility...
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...Capital Punishment Against 1211733 SouJin Park 1215202 EunJeong Lee 1115526 SeoHyun Nam 0711726 JooHa Cha Table of Contents 1.0 Introduction 3 2.0 Different Aspects on Death Penalty 3 2.1.0 Political Aspect: Wrong Conviction 4 2.1.1 Torture Used to Innocents 4 2.1.2 Amateur Attorney 5 2.2.0 Economical Aspect: High Cost Of Death Row 5 2.2.1 Plea Bargaining 6 2.2.2 Motions 6 2.2.3 Court Time 7 2.2.4 Lawyer 7 2.2.5 Investigators and Expert Testimony 8 2.2.6 Opportunity Cost. 8 2.2.7 Cost-effectiveness. 9 2.3.0 Social Aspect # 2.3.1.0 Deterrent Effect # 2.3.1.1 Ineffectiveness # 2.3.1.2 Counteract as an Incitement # 2.3.1.3 Lack of Viability # 2.3.2 Discrimination # 2.3.2 Overcrowding Problems # 2.4.0 Ethical Aspect # 2.4.1.0 Human Rights # 2.4.1.1 The Universal Declaration # 2.4.1.2 The International Covenant on Civil and Political Rights # 2.4.2 Rights of Criminal’s Family # 2.4.3 The Pain of Capital Death # 3.0 Alternative Solutions # 3.1 Life Imprisonment # 3.2 Rehabilitation or Reformatories # 3.3.0 Cases of Sex Offenders # 3.3.1 Use of GPS Device # 3.3.2 Revelation of Identities # 3.3.3 Chemical Castration # Appendix # Reference # 1.0 Introduction On September 21, 2011, Alireza Molla-Soltani was hanged to death after stabbing Iran’s most well-known athlete. Alireza was only 17 years-old at the time he was executed. Hassiba Sahraoui, Amnesty International’s Deputy Director, quote...
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...Since the 1970's, almost all capital sentences in the United States have been imposed for homicide. There has been intense debate among Americans regarding the constitutionality of capital punishment. Critics charge that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility, and rehabilitation. Their...
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...Is The Death Penalty Justified? Narisha T. Carr-Smalls PHI200: Mind and Machine Instructor: Elliott Crozat July 4, 2012 Is The Death Penalty Justified? How would we define Capital punishment? It is the death penalty. “Capital punishment is the execution of a person by the state as punishment for a crime. The word ‘capital’ comes from the Latin word ‘capitalis,’ which means ‘regarding the head.’ At one point and time capital crimes where punished by severing the head. Crimes that can result in the death penalty are known as capital crimes or capital offenses. Capital punishment has been used in societies throughout history as a way to punish crime and suppress political dissent. In most places that practice capital punishment today, the death penalty is reserved as punishment for premeditated murder, espionage, treason, or as part of military justice. In some countries sexual crimes, such as rape, adultery and sodomy, carry the death penalty, as do religious crimes such as apostasy (the formal renunciation of the State religion). In many retentions countries (Countries that use the death penalty), drug trafficking is also a capital offense. In China human trafficking and serious cases of corruption are also punished by the death penalty (Debatepedia, 2011).” Capital punishment was used throughout history and still used today for a variety of offenses. The death penalty was even utilized biblically for crimes such as murder, kidnapping, and even witchcraft...
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...Decision The case Kansas vs. Carr raises many questions about the death penalty, especially in relation to the Eighth Amendment. One of the main questions in this case has to do with jury instructions in the penalty stage of the trial. (Kansas v. Carr) The district judge in this phase of the trial failed to adequately instruct the jury on the correct standard of review for mitigating evidence. Unlike other types of evidence in any criminal proceedings, mitigating evidence need not be proven beyond a reasonable doubt, nor does the jury need to be unanimous on the validity of mitigating evidence. Did the district judge violate the Eighth Amendment when he failed to explicitly explain this to the jury? Upon review, the Kansas Supreme Court ruled that yes, he did. By failing to “affirmatively instruct” (Kansas v. Carr) the jury on the proper standard of...
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...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 reason is that it costs taxpayers a lot of money, for example 4 billion was allocated towards capital punishment In the case of Gregg vs Georgia, i disagree with the ruling that the death penalty does not violate the 8th amendment. Taking someone’s life no matter what the reason is a cruel and...
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