Free Essay

Death Penalty Should Be Legal

In:

Submitted By muireannmcd
Words 577
Pages 3
Bruce Fein, JD, General Counsel for the Center for Law and Accountability, in an American Bar Association website article titled "Individual Rights and Responsability - The Death Penalty, But Sparingly" (accessed June 17, 2008), offered the following:
"Abolitionists may contend that the death penalty is inherently immoral because governments should never take human life, no matter what the provocation. But that is an article of faith, not of fact, just like the opposite position held by abolitionist detractors, including myself... The death penalty honors human dignity by treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does not treat him as an animal with no moral sense, and thus subject even to butchery to satiate human gluttony. Moreover, capital punishment celebrates the dignity of the humans whose lives were ended by the defendant's predation."

June 17, 2008 - Bruce Fein, JD
Alex Kozinski, JD, Circuit Judge in the US Court of Appeals for the Ninth Circuit, in a Nov. 7, 2002 Hoover Institution "Interview," stated the following:
"Immanuel Kant said it best. He said a society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral. So the question really... when the system works and when you manage to identify somebody who has done such heinous evil, do we as a society have a right to take his life? I think the answer's plainly yes. And I would go with Kant and I would say it is immoral for us not to."

Nov. 7, 2002 - Alex Kozinski, JD
Richard A. Devine, JD, State's Attorney for Cook County in Illinois, in an Apr. 30, 2003 State Attorney's website section titled "Statement on the Death Penalty in Illinois," offered the following:
"Our position has been and remains that the death penalty is appropriate for the worst of the worst, people who have committed crimes so atrocious that they are no longer fit to be among us. Up until now, the people of Illinois, through their lawmakers, have said that death is appropriate for the most heinous crimes and criminals. We are now at a point where we should re-examine whether this remains our policy. We do not have the death penalty because prosecutors have said we should. It is the law of our state. If the law is changed to make life in prison without parole our most serious punishment, prosecutors statewide will, despite whatever personal feelings they may have, follow the law. The legislature must debate this most important issue and reach a decision to give us all a clear understanding of how the worst crimes will be punished."

Apr. 30, 2003 - Richard A. Devine, JD
Steven D. Stewart, JD, Clark County Prosecuting Attorney, in an Office of the Clark County Prosecuting Attorney's website section (accessed July 22, 2008) and titled "A Message from the Prosecuting Attorney," offered the following:
"Along with two-thirds of the American public, I believe in capital punishment. I believe that there are some defendants who have earned the ultimate punishment our society has to offer by committing murder with aggravating circumstances present. I believe life is sacred. It cheapens the life of an innocent murder victim to say that society has no right to keep the murderer from ever killing again. In my view, society has not only the right, but the duty to act in self defense to protect the innocent."

Similar Documents

Premium Essay

Banning The Death Penalty In The United States

...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...

Words: 1017 - Pages: 5

Premium Essay

Capital Punishment Should Be Illegal

...Capital Punishment Should Be Illegal Capital Punishment Should Be Illegal Capital punishment has been legal, illegal, and as of now is legal again, under certain circumstances and depending on the location. These circumstances can vary from state to state and the federal government may also decide they have grounds to seek capital punishment, even if the crime is in a state that doesn’t allow the death penalty. With such uncertainty about whether capital punishment should be legal or illegal, it is important to take a closer look at some of the reasons why it should be illegal which include; the risk of innocent people being executed, evidence of racial bias in regards to sentencing for the death penalty, and the cost of the death penalty in comparison to the cost of life in prison without parole. In the end you will see that an eye for an eye is not the answer. Bedau set out to provide the information to show why the death penalty should be illegal. Bedau started out looking at the questions that have caused argument throughout the years in regard to the death penalty. The questions he sought to answer were: Is the death penalty more of a deterrent than imprisonment, is there racial bias when it comes to administering the death penalty, what are the risk that someone who is innocent could be prosecuted, and what is the risk that someone who is convicted of a capital offense will commit again? During Bedau’s research to determine if capital punishment is no more of a deterrent...

Words: 911 - Pages: 4

Premium Essay

Capital Punishment

...The death penalty has been an inalienable part of human society and its legal system for centuries, regarded as a necessary deterrent to dangerous crimes and a way to liberate the community from dangerous criminals. However, later on this type of punishment came to be regarded as a crime against humanistic ideals by many, and its validity in the legal system has been questioned. Until now, the debate rages on. This resulted in a wide discrepancy of laws on this issue. Some nations including China, the US, Iran, Belarus, and others preserve the death penalty as an option, while others like Canada, Australia, New Zealand, and almost all European nations have abolished capital punishment. Still others keep the norm in their legislation’s, but have de facto suspended execution of criminals sentenced to capital punishment. This paper will seek to prove that death penalty has to be preserved as a valid means of prevention serious crimes. It will examine the effect of death penalty on society and its relevance to the protection of interests of common citizens. The history of death penalty is almost as old as the history of mankind. Various means of capital punishment involved burning, hanging, drowning, crucifixion, breaking on the will, boiling to death, electrocution, firing squad, gassing - the list can be continued. The choice of a particular method in Europe in the Middle Age, for instance, depended on the social status of the condemned. Painless and respectable ways were reserved...

Words: 3141 - Pages: 13

Premium Essay

Business

...you is a killer or a rapist? If so, what will you expect from the government if he had murdered a loved one? If that was my situation, I would want that person in jail and face the consequences of the death penalty. All murders and rapists should face the death penalty and should pay for their actions or wrongdoings. Having the death penalty in the U.S., helps the overloading problem and gives family a relief off the stress they are going through. First people should know what the death penalty is. The Death penalty also known as Capital Murder is a horrible crime that people do. It is the inflicting of death upon a person by a judicial process as a punishment for an offence. For example, killing someone or murdering someone. It is the inflicting of death upon a person by a judicial process as a punishment for an offence. For several years the death penalty has been the topic for must murders, rapists, and criminals. In the past months, it has been a concern about whether the death penalty should or should not be legal. There are a lot of people in this world today who thinks death penalty should be used and others think it should not be used. There are also some that are in between the death penalty that do not care because they feel whatever happens just happens. The death penalty has been around for quite some time. I feel that some prisoners are been a little bit too easy on the inmates and making things easier for them. For example, some people think Capital punishment is...

Words: 1403 - Pages: 6

Premium Essay

Death Penalty: Is It a Flawed System?

...Death Penalty 1 1 1. Death Penalty Your document’s heading is not formatted correctly. In the upper left corner of the first page, the words "Running head:" should preface a shortened version of your title. The upper right corner of the page should have the numerical page number. The shortened version of your title should be in all capital letters. On subsequent pages, the shortened version of your title should appear on the lefthand side, with a page number on the right-hand side. For additional information, visit the Ashford Writing Center located in Constellation. Click on Ch 7 -Sample Paper with Formatting Instructions. [Jayno Aki-Siler (TA)] The Death Penalty: Is it a Flawed System? PHI103 Informal Logic – Week 5 Final Paper Instructor: Galen Johnson December 16, 2012 -1- 2 Death Penalty The Death Penalty: Is it a Flawed System? People have many arguments against the death penalty, and most citizens do not believe that it is a discouragement for the crimes that it punishes. American societies that use capital punishment do not find that they have lower crime rates than those that don’t 1 use capital punishment. Most people would still not accept capital punishment even if it did reduce the crime rate. This indicates that capital punishment is focused on the financially deprived, and targets those who can’t afford to pay for a good lawyer. Research shows that people with little or no money get the highest penalties in society. A lot of people have no...

Words: 2403 - Pages: 10

Premium Essay

Arguments Surrounding Capital Punishment As Legal Lynching

...The debate concerning the death penalty has been ongoing for decades. The central question is whether capital punishment should be retained or abolished worldwide. While the death penalty continues to be used today, most countries have eliminated it in their criminal justice systems. One substantial country that continues to use the death penalty is America. Capital punishment is significant because it permits individuals to be killed lawfully. The death penalty carries enormous power around the legal system in addition to the persons that are accused of serious crimes. The purpose of this paper is to find out the diverse arguments surrounding capital punishment that has led some countries against it and others for it? This will be done by...

Words: 1851 - Pages: 8

Free Essay

Capital P

...bad, are essential to society; our “communities”, as we know them, would cease to exist outside this fact. Nevertheless, since humans are not perfect, “human laws”, whatever its source or intended impact/ remedy, are intrinsically flawed. History is consistent with this fact. Laws set “appropriate behaviors”, but “appropriate” is subjective to conditions, time, power, and/ or struggles. While we don’t want to live without laws and, God forbid, become animals, there are laws that should be changed. History proves how laws can often unfairly discriminate against particular groups of people based on race, gender, and/ or sexual orientation. The theory of law is far from the reality of its application. There has been gross misconduct on the part of many of the so called representatives of the law. Preferably, everyone should live under a fair legal system, and in court take part in a process that is unbiased and impartial. I have long been against the death penalty; a law which I believe should be abolished across the United States. Laws are enacted because the society as whole benefits, but I am not able to reconcile the...

Words: 3130 - Pages: 13

Premium Essay

Abolishing the Death Penalty

...Abolishing the Death Penalty George L Turner III PHI 103 Mr. Russ Tompkins August 31, 2009 Abolishing the Death Penalty The Death Penalty in America today is a highly debated issue and has been for many years. Could you imagine not having a life threatening consequence at all, such as the death penalty when it comes to criminals that commit very severe crimes? There are many people in the United States today with many different opinions on why the Death Penalty should or shouldn’t be abolished in our Country. I’m one who feels that we should not abolish the Death Penalty; however our Capital Punishment system can be much improved. One advantage to keeping the Death Penalty is that it’s suppose to act as a deterrent against those people who might think about committing a serious crime. I believe that it does help as a deterrent for some people, but not to the extent that it should. If we started sentencing more murderers and serious offenders to death, then I believe that more people will fear the consequences in which they may face. Now, if we start convicting the serious criminals to death, then that doesn’t mean continue to let them appeal their sentence and take years before they’re actually put to death. One other thing that I believe that keeps the Death Penalty from being as effective as it should be is T.V. I know it’s only T.V. but that’s what people see and a lot of people believe that is the way it is. Whether or not T.V. is how...

Words: 2795 - Pages: 12

Premium Essay

Conflicting Viewpoints

...Essay Andrea Counts Professor Lincoln Schreiber Critical Thinking May 3, 2015 Capital punishment, or the death penalty, is the punishment for a crime by death ("legal definition of capital punishment," n.d.). It is usually administered via the use of lethal injection for heinous crimes such as murder and other serial offenses. I am a defendant of capital punishment for several different reasons, which are detailed in this assignment. One of the main premises that support my position as a defendant of the death penalty is the separation of church and state ("Should the death penalty be allowed?" n.d.). Many opponents of the death penalty contend that it is an immoral act, as it essentially murder and that murder is inherently wrong. This viewpoint is flawed due to the fact that the United States is a country that believes in separation of church and state. Murder is a sin in many religions, but religion cannot play a role in how punishment for crime is carried out, nor is there anything in the constitution asserting that the death penalty as a form of punishment is against any civil liberties afforded to the citizens of this country. The death penalty is reserved for and carried out on the worst of the worst ("Should the death penalty be allowed?" n.d.). I agree with this premise and it goes back to my original statement in which I said the death penalty is used as punishment for those who have committed heinous crimes. There are those who commit crimes so unthinkable...

Words: 1088 - Pages: 5

Premium Essay

Arguments on Capital Punishment

...whether states should be able to kill other humans or not. People that are in favor of the death penalty say that it saves money by not paying for housing in a maximum prison. Those opposed say that it is against the constitution, and is cruel and unusual punishment for humans to be put to his or her death. I believe that the death penalty is against the constitution and is cruel and unusual punishment. The death penalty is cruel because you cannot punish anyone worse than by killing them. It is an unusual punishment because it does not happen very often an it should not happen at all. Therefore, I think that capital punishment should be abolished. Capital punishment is the death penalty, and has been legal in most states for many years. The death penalty did not begin reporting executions until 1930, although legal executions have been preformed before then. From 1930 to 1992, there have been 4,002 executions in the United States (Foster, Jacobs, Siegel 54). From around the 1930s to the 1960s there was a steep drop in the total numbers of executions in the US until the mid 1960s. The drop in executions is due to the lack of public support and legal challenges. Then a 10-year moratorium began in order to determine a constitutionally acceptable way to carry out the death penalty (54). The moratorium stopped in 1976 and since then, there have only been 525 executions. Currently there are about 3000-3500 inmates on death row (Wekesser 139), waiting for their death to come by either...

Words: 2289 - Pages: 10

Premium Essay

Juror's Arguments Against Capital Punishment

...has been justified for serious crimes as murder with the argument that the death penalty deters potential killers from murdering people (Lanier & Acker, 2004). Critics have argued that the capital punishment offers a psychological release from conformism by reinforcing the idea that executing murderers will lead to a cumulative increase in safety in a society. Throughout history, the community has shown the highest interest in the death penalty as the toughest punishment to mitigate murder. However many countries in the world have abolished the death penalty...

Words: 1717 - Pages: 7

Premium Essay

Capital Punishment

...punishment also known as the death penalty is the process by which convicted criminals are executed by the federal government. The death penalty has always been part of human history; there is archaeological evidence that proves executions were practiced as early as the 8th century BCE. The first execution in the American colonies took place in Virginia in 1608 when George Kendall was accused of espionage. By 1612, many colonies approved the method of execution by hanging or firing squad; the executions were made public in an effort to increase fear of committing a crime (Issitt, Micha L.Newton, Heather). Executions were abolished in 1972, by the Supreme Court during the Furman v. Georgia. The court ruled that death sentences are handed down arbitrarily, violating the 18th amendment of the U.S. constitution and where “cruel and unusual” (Farley Matchett). The United States did not perform any capital punishments for five years. Then, in 1976 the death penalty was reinstated and Gary Gilmore was the first person to be executed after this hiatus (Issitt, Micha L.Newton, Heather). In a modern society that values life, righteousness and justice, the United States is still part of a decreasing number of countries that still use this sort of punishment. The death penalty is a highly debatable topic since it makes it hard for an observer to pick a side, because for every point there is a counterpoint. From where I stand, after making extensive research, the death penalty has; killed innocent...

Words: 2075 - Pages: 9

Premium Essay

Death Penalty Capital Punishment

...is the death penalty. It has been used throughout history to punish a variety of offenses committed. Whether or not there should be a death penalty is one of the most debated issues in the Criminal Justice system. It is polled that approximately 62% of Americans support the death penalty. Behind that percentage is poorly based reasons like revenge or misrepresented facts, such as cost and a sense of justice. The United States had a 2012 murder rate of 4.8 victims per 100,000-meaning that nearly 15,000 people were victims of homicide that year. (Benoit) These criminals, it appears, are not fearing capital punishment as a consequence of their crimes as much as people hope they would. The death penalty should be abolished because criminals are not deterred from committing crimes, millions of dollars are wasted, and innocent people may be executed. Attorney General Janet Reno stated, “I have inquired for most of my adult life about studies that might show that the death penalty is a deterrent, and I have not seen any research that would substantiate that point.” (J Donahue and J Wolfers) While many would like to believe that the death penalty would be more of a deterrent than a long prison sentence, criminals rarely consider the consequences of their actions. A crime of passion is exactly that, where they would not think about what would happen if they went through with a crime. These criminals, who commit these heinous crimes that would lead to the death penalty, can have...

Words: 2134 - Pages: 9

Premium Essay

Death Penalty

...Alexander Dinter Instructor Pi ENC 1102 19 April, 2012 To Kill or Not: A Death Penalty Debate Capital punishment has always been a a debate involving morality, legality, and even religion. Currently 34 of the 50 states hold on to the death penalty held to few of those committing intentional murders. Many find taking life away from human being to be immoral. In the end, capital punishment has proven to be beneficial towards the general society. Due to its natural intent, the death penalty offers justice toward the victims that have been brutally murdered. The safety of the community is only improved if the threat of future murders is put to rest. While that can also be solved through life of imprisonment, it is often forgotten how tax money is used to keep the criminals alive. The death penalty solves many issues that life sentence cannot. At the current time, the death penalty is considered legal in majority states. It has started to become abolished at 1911 starting with the state of Minnesota. The most recent state to reject capital punishment is Illinois at 2011. Whether or not a convict is sentenced to death depends on the state in which the capital crime took place. Even among the states that condone the death penalty only proceed after an impeccable case against the defendant. Any reason to prove his/her innocence or motive through evidence/witnesses usually rules the death penalty out of the final hearing. Knowing this it is evident that the U.S. does not take...

Words: 1209 - Pages: 5

Premium Essay

Death Peanlty

...Organization Pattern Topic: Death Penalty Organizational Pattern: Problem-Solution Specific Purpose: To persuade you’ll that the death penalty should be abolished. Primary Audience Outcome: I want you’ll to become willing to contact their local lawmakers to make the necessary change to eliminate the death penalty as form of capital punishment. Introduction (Attention Getter) After committing a capital crime which is defined as a crime such as first-degree murder or rape of a child, a large percentage of people are sentenced to capital punishment. The end result is absolute death! But what if you were actually innocent of the crime? This unsettling tombstone could be on the grave as a result of the death penalty! (Thesis Statement) There has been a nationwide decline in capital punishment, but unfortunately potentially innocent people are still often executed. (Preview of the main points) This afternoon, I will first share with you some of the injustices that are occurring in the American legal system. Then I will explore with you reasons why we should consider adopting life without the parole as the only form of punishment for capital crimes. Body The death penalty has more victims than just the person who was convicted of the crime. A. Wrongly convicted people are often exonerate, but more than not executed. 1. The 100-plus innocent people exonerated from death row represent further proof that the death penalty should be abolished. Issues & Controversies...

Words: 740 - Pages: 3