...Name Tutor Course Date Federal Death Penalty Law Death penalty is advocated for by the state legislature or congress in cases of murder and certain capital crimes. A ruling from the Supreme Court rules that the death penalty does not violate the Eighth Amendment’s ban regarding unusual and cruel punishment. However, the Eighth Amendment shapes the procedures to be employed by the jury regarding the use of the death penalty. According to the U.S. Supreme Court’s law, a penalty given to the defendant should be proportional to the kind of crime committed. Contrary to this, the punishment will have violated the Eighth Amendment, which is against unusual and cruel punishment (U.S. Department of Justice 3). The Supreme Court has to consider a number of factors in determining whether a death penalty is the appropriate penalty in the case. First, the court has to consider the gravity and severity of the penalty. Second, the court has to consider the jurisdiction under which other criminals are punished. Finally, the court has to consider the jurisdiction under which the same crime cases are punished. The defendant is granted a death sentence penalty in certain circumstances. First, in the event that he/she is charged guilty of a crime committed and capital sentence is the only legal authorized sanction. Second, if the defendant is found guilty of intentionally killing the victim. Finally, if the case presents several aggravating factors that feature in the statutory list...
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...Precious C Govt. 2301 Nov. 12 The Death Penalty Research and debate on the death penalty is avidly one of the fastest growing political issues in the history of criminal justice. The issue has continually posed dynamics in our society on whether such an act or decree serves as a justified and valid form of punishment or not. It is indeed a matter of major controversy since the death penalty or otherwise capital punishment is the execution of a person by judicial process as a punishment for a crime. There are certain morals and effectiveness to having someone being punished in this manner; whether it is declaring a death sentence or execution itself, they are all still unjust. With that being said, the death penalty does not deter crime and should be abolished because it is totally inhumane, barbarous, and does not respect sanctity of life. The main reason the death penalty was instituted was to deter crime. Though, this idea has been entirely false as murderers rarely consider the consequences before committing a crime. In my opinion, the death penalty is highly immoral and I completely disagree with this method of passing out judgment due to the fact that wrongful convictions do occur. For example, there was a situation a witness gave faulty information concerning a murder case of US Army Sergeant Timothy Hennis. The defendant was convicted and sentenced to death in South Carolina in 1986 because the witness had sworn that he saw Hennis at the scene of the crime; only...
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...PiG Task 1- Death Penalty James Chen The American Justice System was meant to build for keeping the society structured. Anyone who committed a crime would face corresponding punishments. And the death penalty is one of them. This kind of penalty has been around for decades. But there are still a lot of controversies around it. Many people are against the death penalty because of many reasons. For example, everyone should have the right to live, sometimes juries are racially biased and wrongful executions could happen. And some people want the death penalty. They say some felony criminals need retribution and the court needs to show deterrence. This conversation has been brought up again recently because of the case Foster V. Chatman. ABA (American...
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...DEATH PENALTY FOR DRUG TRAFFICKING SHOULD BE ABOLISHED General Purpose : To inform Specific Purpose : To inform my audience about why death penalty should be abolished Organisational Pattern : Topical Order Central Idea : Drug trafficking is indeed detrimental but it should be abolished because there’s a better alternative to it INTRODUCTION I. A lady folded her new clothes and placed them neatly at the head of her bed. Then, she made a green bean soup while placing her Mcdonald’s burger on the stool. She didn’t eat that night. Instead, she spent the night talking to her friends and singing religious songs. That was how Donggui, a lady from China spent her night before undergoing a death penalty the next day II. Drug trafficking is indeed a heinous crime to commit but it would be unfair to subject the traffickers to a death penalty because there’s a better alternative to it III. I have made a thorough research on drug trafficking and the impact of the imposition of death penalties IV. For this topic, I will elaborate on what drug trafficking is, why death penalty should be abolished and what’s a better alternative to death penalty (Transition : Let me begin with enlightening you with what drug trafficking is) BODY I. What is drug trafficking? A. According to section 2 of the Dangerous Drugs Act 1952, drug trafficking is the cultivation, manufacture, distribution and sale of any dangerous drug without any authority 1. The laws relating...
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...What is the Violent Crime Control and Law Enforcement Act of 1994? The Violent Crime Control and Law Enforcement Act of 1994, also known as the 1994 Crime Bill, was a comprehensive piece of legislation passed by the United States Congress and signed into law by President Bill Clinton on September 13, 1994. It was one of the largest crime bills in U.S. history and aimed to address various issues related to crime and law enforcement. There are seven key provisions of the 1994 Crime Bill which include the federal assault weapons ban, community oriented policing services (Cops), Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants, Death Penalty Provisions, Violence Against Women Act (VAWA), Youth Violence Prevention Program,...
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...Death Penalty - as practised in the United States of America Marlin Falbesaner Definition A death penalty, or capital punishment, is the sentence of execution for a crime (especially murder and other serious capital crimes) given by a court of law. The verdict that a criminal is going to be punished by death is known as death sentence, while the act of carrying out the punishment is referred to as an execution. Main facts Executions in 2016 Most retentionist countries have an age requirement, even though there have been certain cases where minors were punished by death. The 2016 Amnesty International report shows, that 23 countries performed executions, although some countries (for example China and North...
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...Business law 100 Death Penalty Death penalty The death penalty, the hardest punishment that can be implemented by the states. Person is sentenced to death, executions, a person's life in accordance to the law (often in prison) occurs when the end. Historically, criminals and political opponents of the law to be executed by almost all societies, and to punish the crime has been used to suppress political disputes. Capital punishment is applied in most locations, premeditated murder, espionage, treason, or used within the scope of military justice. The majority of Muslims in some countries, sexual crimes such as adultery and sodomy, apostasy and religious crimes such as illegal behavior involving the death penalty takes place between. In many countries, drug trafficking or the person sentenced to death for a crime shall be deemed sufficient. In China, human trafficking and serious fraud can result in death penalty cases. Around the world in the military, military courts cowardice, desertion, insubordination, and was implementing the death penalty in crimes such as rebellion. Capital punishment is a controversial issue. Those who support the death penalty, the person committed a crime in certain crimes, such as withdrawal from and murder has been given the penalty argue. Opponents of capital punishment, life imprisonment with no difference in deterrence is not an issue, human rights were violated, that lead to incorrect execution, those in the...
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...marijuana illegal? | What are the penalties for possession of cocaine? | What are the penalties for possession of heroin? | What are the penalties for possession of prescription drugs? | What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? | Is there extreme DWI or DUI? If so, what is the punishment? | Federal | | | | | | | <State 1> | | | | | | | <State 2> | | | | | | | <State 3> | | | | | | | 1. Where do you see the largest variance between federal and state anti-drug legislation? 2. What is the purpose of anti-drug legislation in relation to public order crime? Federal Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. Federal marijuana law. (2016). Retrieved from http://www.safeaccessnow.org/federal_marijuana_law Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to a sentence...
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...Head: Death Penalty Larry Williams Contemporary Issues in Criminal Justice CJA/313 University Of Phoenix Robin Rabiner May 10, 2009 Death Penalty There are crimes that take place throughout society. When crimes are investigated, and investigators have evidence that prove who were involved, there are consequences for their actions. In some cases, there are crimes that involve consequences such as the death penalty. This consequence can be one of the severe punishments that are placed in our judicial system. There are many people that are for, as well as those are against the death penalty. In many cases, the death penalty has its benefits, as well as its flaws. Unfortunately the death penalty seems to cause problems that leaves many mulling over. In this case, it seems that the flaws of the death penalty needs reinstituted. History The death penalty laws were founded in the early 1800s. This punishment was implemented for 25 different crimes. However, the death penalty establishment goes back as the early Fourteenth Century. “The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh Century B.C.'s Draconian Code of Athens, which made death the only punishment for all crimes.” (Death Penalty Information Center, 2009). As the centuries progressed, the number of death penalty crimes increased. By the early 1700s, there were over 200 crimes which systematize the death penalty...
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...The Death Penalty and its Ethical Permissibility Palestine Fox Kaplan University Abstract The death penalty has been used for centuries to punish criminals for heinous crimes, in spite of the fact that arguments concerning the death penalty, its concepts of retribution, deterrence and just punishments have been disagreed upon. The question at hand is whether or not the death penalty is permissible and if so under what circumstances, which has long been a heated debate for centuries. The ethical issues surrounding the death penalty include the morality of this form of punishment and whether or not it is morally right to deprive a human being of life. This paper will discuss the background of the death penalty, its permissibility under the law and how the death penalty would be viewed by the ethical philosophies and various religions. The Death Penalty and its Permissibility Introduction of the Death Penalty The death penalty or capital punishment is the practice of executing someone as a form of punishment for a heinous or specific crime following a proper legal trial. The death penalty is usually a punishment sentenced for serious types of murders, in some countries treason, types of fraud, adultery and rape, which are capital crimes (Capital Punishment, 2013). The death penalty was introduced as early as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, who codified the death penalty for 25 different crimes. In the Seventh Century B.C. Athens...
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...and empirical aspects of human justice. Ultimately, the key issue regarding the death penalty is as follows: is the death penalty as appropriate form of punishment for the United States of America’s judicial system to impose? This key issue incorporates the empirical and moral claims of those both for and against capital punishment in America. The main empirical issues center on whether or not the death penalty is imposed with bias, whether it serves as deterrence for future crimes, and whether it is an economically beneficial option for the country. Moral concerns include the idea of justice being “an eye for an eye,” whether or not capital punishment is “playing God,” and if the death penalty is a cruel and unusual form of punishment. The position we recommend to our legislators is opposition to capital punishment because evidence demonstrates that it is biased, unjust, fails to deter crime, is not cost effective, and cruel and unusual government action. The death penalty in America dates back to the colonial period. Its use was fragmented at best throughout the colonies and eventually the states, with each state having its own laws concerning the use of capital punishment. As long as it has existed in the United States, there has been controversy and divided views regarding the death penalty. One of the earliest views from the nation was from Dr. Benjamin Rush, who argued that the death penalty did not deter crime, but actually caused crime rates to rise. This is a view that...
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...other its taking a life. These two mind set lead to numerous debates and disputes on the topic and even be linked to other controversial topics like abortion or gun laws. If someone was to believe that capital punishment was just and deserved to the law breaker, they are viewed as mad or blood thirsty. While if one was against it they are called weak or not American in some minds. With both views come valid points but also hard issues. The economic argument that is always seems to come up is the cost of the death penalty opposed to just life in prison. According to California state records, the operating expense to finance the penalty costs tax payers more than $114 million annually (Tempest). A 2005 report from Newsday concluded that New Jersey tax payers have spent a total of $253 million since 1983, which is an incomparably greater cost than if capital punishment was idle (Newsday). "A 1991 study of the Texas criminal justice system estimated the cost of appealing capital murder is around $2.3 million. In contrast, the cost of housing a prisoner in a Texas maximum security prison single cell for 40 years is estimated at $750,000" (Punishment). People always ask the question, “Why keep the death penalty if it is so costly?” and, “It is a wasteful investment that is only adding to the national debt.” However, the federal government had given $3 million to researchers at the University of California at Irvine to fund their...
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... 12/8/2011 History of the Death Penalty The first death penalty laws date back to the Eighteenth Century B.C. The death penalty was punishable for 25 different crimes. The death penalty also dates back to the Fourteenth Century when it was punishable for any kind of crimes. In the Fifth Century, death sentences were administered by ways such as drowning, beating to death, burning alive or even crucifixion and in the Tenth Century A.D. hangings became the main method of execution. During the Sixteenth Century, under the power of Henry VIII, 72,000 people were executed by boiling, hanging, beheading, and boiling. People were executed if they had failed to report a crime or committed treason. During the 1700s, even small crimes were punished by death. These crimes included stealing or even cutting down a tree. A total of 222 crimes were punishable by death (“Part I: History of the Death Penalty”). Capital punishment in America was heavily influenced by Britain. When settlers came to the new world, they brought the form of capital punishment with them. Captain George Kendall was the first recorded execution in the United States for being accused of being a spy for Spain. This occurred in 1608, while in 1612 the Divine, Moral and Martial Laws were created, allowing capital punishment to be enforced for the smallest of crimes such as trading with Indians. The death penalty varied from colony to colony. The New York colony followed the Duke laws of 1665 where offenses such as...
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...Index 0% Similarity by Source Internet Sources: 0% Publications: 0% In this paper of the Bill of Rights and several amendments will be discuss, which is the First, Fourth, Fifth, Sixth, and Fourteenth. Also will discuss how the Bill of Rights evaluates different areas in security and the administration of justice. Such as challenges of law enforcement, roles of the courts, roles of the security, and recommendation. The main purpose of the Bill of Rights is to protect the freedoms and the rights of the American citizens. Also, so that every individual can worship wherever he or she feel comfortable without restrictions. If an individual born inside the country or outside the country his or her citizenship as an America and recognized as an America. American citizens protected from seizures and searches by law enforcement agencies unless there is a warrant presented. The warrant must be present before the seizure and search take place. The warrant will specify what and who will be search so that an individual privacy not invaded. The United States Constitution of the first amendment states Congress cannot make laws condensing the right for people the peacefully assemble, speech, the press, and religion (Bill of Rights). Chris Neefus wrote article that challenge the First Amendment. The title of that article was “Justice Breyer suggests that burning a Quran could be like shouting fire in a crowded theatre and not protected by First Amendment.” The article...
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...Article Rebuttal Unraveling the “Three Strikes law and making it unconstitutional is the primary focus of the Criminal Defense Clinic at Stanford Law School. Its founder Michael Romano States in his article “Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California’s Three Strike Law” (2010), his clinic believes the “Three Strikes Law” is unconstitutional and unfair punishment. Our argument we will make the case stating he is using fallacies to strengthen his argument. In California there are no class systems for felonies. Whether or not the felony is violent or not violent, California imposes a harsh sentence. We will give an overview of what “The Three Strikes” law are, the “Death Penalty” and our rebuttal. California's Three Strikes Law "is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies." California Criminal Defense Lawyers,(2013). This law "three strikes law" also known as the Three Strike Law, was enacted in California in the 1990s to allow harsher punishments for those that committed felonies more than once and to provide for relief of the crimes themselves. A felony is defined "as a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor" The Felony Law & Legal Definition (2013). Although a violent felony is defined as "a crime consisting of conduct that presents a serious risk of potential...
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