...Penalty in the United States Rebecca Bartley ENC3211-Report Writing Professor Johnson June 8, 2013 Death Penalty 2 Abstract Death penalty has had so many changes in the last 300 years many states still use the death penalty. There are many states that are abolishing it for any number of different reasons. Many now believe the death penalty is unconstitutional and also cruel and unusual punishment and it should no longer be used. Many believe life in prison is a better remedy than putting someone to death. Keywords: Death Penalty Death Penalty 3 The Death Penalty in the United States: How it has changed over years. The death penalty policies and ideas have changed from state to state over the last ten (10) years. Each state is now making the chose on whether to have or use the death penalty, or to abolish it for any number of reasons. There are a couple of reasons that the death penalty is being abolished: (1) the first would be that many states are starting to believe that it’s unconstitutional; and (2) the death penalty is being used less and less, there are more inmates who are sitting on death row for many years. “New Mexico repeated the death penalty in 2009, and replacing it with a sentence of life without the possibility of parole” (NM repeal, 2012).”With this new Mexico was the last state to implement true life without parole, and in the last five (5) years, five (5) states have repealed the death penalty, these states would be: (1)...
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...Austin Day Criminal Justice 1010 Capital Punishment: Execution by the State 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...
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...THE CONSTITUTIONALITY OF THE DEATH PENALTY The Supreme Court of the United States has the authority to decide whether state statutes conflict with the provisions of the Constitution and the Court’s prior interpretations of those provisions. This power of judicial review has given the Supreme Court the crucial responsibility to assure individual rights, as well as to maintain a “living Constitution” whose broad provisions are continually reviewed and applied to complicated new situations. Since Justices are appointed for life, when the Supreme Court rules on an issue involving the interpretation of the U.S. Constitution, that judgment is final unless altered by a constitutional amendment or the Court’s subsequent ruling (Booklet). The Court decides whether specific state statutes are applied rightly or whether a person’s Constitutional rights have been violated. The Constitutionality of the death penalty in the United States has been decided by the Justices of the Supreme Court based on cases appealed from different states. The people who founded the United States came from England and European countries where there had always been a death penalty. This does not mean there are no reasons for states to abolish the death penalty; just that it is currently legal for the states to have this punishment. The present controversy started when the Supreme Court decided in Furman v. Georgia, 408 U.S. 238 (1972), that imposition and carrying out of the death penalty in the...
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...people are wrongly convicted of murder. Some Americans would also argue that some forms of capital punishment such as the electric chair, firing squad, gas chamber, and hanging are cruel and unusual punishment. Other Americans who agree with capital punishment would argue that murderers have relinquished their rights by their actions and should be punished accordingly. To reduce the number of murders each year in the United States, this country’s judicial system needs to use the death penalty more often. More frequent death penalty sentences would reduce murders in America. In Detroit, hurt by the auto industry's woes, there were 163 murders reported in the first six months of 2009 (Berman, 2009). This country needs to lead by example. If a person is proven beyond a shadow of a doubt guilty of murder then they should automatically get a death sentence. Offenders should not get weaker sentencing for testifying against another, or for petty technicalities. If firm death penalty consequences were known before the criminal committed the murder, they may think twice about committing the crime. In recent years, DNA profiling and forensics have helped solve many murder cases, even ones that are decades old. DNA can be found in blood, skin cells, tissue, organs, fingernails, muscle, bone, saliva, mucus, urine, feces, hair, teeth, semen, brain cells, and perspiration (Lotter, 2007). Every person has a different DNA sequence, except for identical twins (Lotter, 2007), so this makes it easier...
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...punishment is a troublesome topic that encompasses many moral 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...
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...Fighting Crime with Murder Introduction—two wrongs don’t make a right even though two negatives make a positive. I. What is death penalty? A. Methods of execution. B. The history of the death penalty. II. How do you got put on the death row “death penalty” A. What state uses what method? B. What states don’t use any method? III. What do the people think about the death penalty in the U.S.? A. Why are people for the death penalty? B. Why are people against the death penalty? Conclulusion-The death penalty isn’t the right way to go for punishment after a crime it just as worse as the person that committed the crime. Fighting Crime with Murder The death penalty is a common topic and one of the major’s topics today. This research paper as you can already see is about the death penalty and it will show and tell what it is, how it works also how it is wrong because, two wrongs do not make a right even though two negatives make positive. I have learned many of things about the death penalty more than what I expected to learn. I hope by you reading my research paper you will learn how the death penalty isn’t the right way to go just like abortions some people say abortions are right but not the death penalty or the other way around it does not make any sense they both are murdering someone. Yes, the person on the death penalty did something wrong to get there but like I said before two wrongs does not make a right. Make them suffer in the...
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...Tradition September 24, 2011 The History of the Catholic Church and the Death Penalty The Ten Commandments, principles issued by God for us to live our lives by, includes one that states – “Thou Shall Not Kill.” However, on Wednesday, September 21, 2011, two men in the United States were executed – Mr. Troy Davis in Georgia, and Mr. Lawrence Brewer in Texas. (Jonsson) While the approaching execution of Mr. Brewer was almost unmentioned, the approaching execution of Mr. Davis garnered much public attention with many believing his claims of innocence. According to an article published in The Christian Science Monitor, this public attention included world leaders, a former president and Pope Benedict XVI - the head of the Catholic Church. (Jonsson) Pope Benedict without a doubt was against not only Mr. Davis’ execution but that of Mr. Brewer’s as well. With the Catholic Church against the taking of another life, what exactly is the history of the Catholic Church and the death penalty? The Death Penalty, also known as capital punishment, can be traced back to the Eighteenth Century B.C. in Babylon and the first recorded execution in what eventually would become the United States dates back to 1608. (Death Penalty Information Center) Back in the colonial times, the laws were different from colony to colony as to how severe the crime had to be in order to receive a punishment of the death penalty. In some colonies, treason was a punishable offense, as well as “stealing...
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...you think is right, what do you think America needs to do about capital punishment? Capital punishment dates back to the eighteenth century B.C. in the code of King Hammurabi of Babylon. At this time only twenty five crimes were punishable by death. These crimes were carried out by crucifixion, drowning, beating to death, burning alive and impalement. As you can tell capital punishment has been around for a long, long time and probably not going anywhere (DPIC). Do you know when the first form of capital punishment was performed on North American soil? The first execution in the colonies was that of Captain George Kendall. The execution took place in the Jamestown colony of Virginia in 1608. Captain Kendall was executed for being a spy for Spain. From there on out, capital punishment continued throughout the colonies. The crimes punishable by death varied for colony to colony (DPIC). Today, there are around fifty countries that still use the death penalty. One of these countries is the United States of America. The United States has condemned over a ten thousand people to the death penalty since its beginning. Should the United States continue with the death penalty or should it be abolished. Do you believe the death penalty goes against everything the United States stands for? Do you think that capital punishment goes against our constitution, particularly the eighth amendment? I personally believe that the death penalty is not breaking the eighth amendment. As a citizen...
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...question their ethical, legal and moral participation in procedures. Physician participation in executions of convicted criminals is explored in this paper. The history of the death penalty, including the early involvement of physicians is surveyed. The pros and cons as well of the legal and ethical grounds for medical professionals are weighed ultimately present the necessity for qualified medical professionals to carry out state sanctioned executions regardless of one’s position on the death penalty. Outline I. Introduction a. Thesis- Even though physician’s participation in the implementation of court ordered executions are in direct violation of the fundamental directive of the Physician’s Code of Ethics, “First, do no harm…,” it is a necessary product of the practice to ensure a “good death” for the convicted. II. History and Development of Capital Punishment a. Primitive Forms b. Physician Involvement in capital punishment progression c. Federal Government Intervention d. Current participation state statistics III. Medical Code of Ethics History IV. American Medical Association (AMA) a. AMA stance b. Acceptable actions c. Unacceptable actions V. The Physician’s Argument a. Same motivations- different point of view VI. Other Ethical Governing Bodies a. Tennessee b. Virginia c. Ethical Bodies Statements VII. The process of capital executions a. Exhausting legal options b. Movement from death row to the death chamber c. Witnesses-observers ...
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...April 1, 2012 there are 3,170 inmates on death row in the United States. Since 1973 140 people have been exonerated or let go off death row and freed from death row. “The death penalty is much more expensive than life in prison without the possibility of parole because the constitution requires a long and complex judicial process for capital cases.” (deathpenalty.org 2012) If the death penalty was replaced with life in prison it would save each state millions of dollars and it would take away the chance of permanent mistake. The permanent mistake is executing someone on death row that is really innocent of the crime that they are charged for. Life in prison without the possibility of parole means you spend 23 hours a day in a cell and there is no way to get out of prison unless you can prove your innocence. There are five methods of execution in the United States; lethal injection, electrocution, gas chamber, hanging and firing squad. All states have lethal injection as the primary method. “New Mexico abolished the death penalty in 2009. However, the act wasn’t retroactive, leaving two people on the state’s death row.”(deathpenaltyinfo.org 2012) Daily (2012) found “As of January 23, 2012 there have been 140 people in 26 different states released from death row with evidence of their innocence.” There is no way to tell how many of the over 1200 people executed since 1976 may have been innocent. Wrongful execution is the main argument used by people who oppose...
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...INTRODUCTION India as is seen during present days has changed its conscience towards a new penal jurisprudence in abolishing the capital punishment. This is to counter the plenary provisions of Article 5 of International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1 It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon. In the year 2003, Government...
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...penalty is an ethical and equitable punishment for murderers, and should be used throughout our country. The seemingly greatest amount of debate comes from a religious standpoint. Depending on whose interpretation one hears, the Bible is for or against capital punishment. Verses from The Bible are used by both sides of the argument to support their own beliefs. The United States is made up of numerous different religious cultures. A sample of a few official policies from some denominations’ web sites shows an almost fifty-fifty split for and against. For example, the Assemblies of God (USA) do not take a stance for or against the death penalty. The same is true for the Church of Christ of Latter-day Saints, who say that it should be left to “…the prescribed processes of civil law.”(November 28, 2011). The Catholic catechism posted on their web site shows support only if non-lethal methods will not serve to preserve human life. In other words, if there is absolutely no way to stop a person from killing another person, then execution is acceptable. The Southern Baptist Convention states in its Resolution on Capital Punishment (June, 2002), that there must be clear and overwhelming evidence in...
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...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 men in the past, has no moral grounds, it is barbaric, it violates the 18th amendment does not prevent a murderer from killing again, and it may only serve as a form revenge and not justice. ...
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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...before his execution were: "I am an innocent man. May God forgive everyone who said anything against me." The next year, the victim's husband confessed on his deathbed that he [the husband] had murdered his [own] wife (Radelet, Bedau, & Putnam, 1993). There are an uncertain numerous amount of incidents similar to the one depicted above, that have repeatedly occurred throughout the course of history. Two highly distinguishable figures in the area of capital punishment in the United States, Hugo Bedau and Michael Radelet, discovered in 1992, at least 140 cases, since 1990, in which innocent persons were sentenced to death (Hook & Kahn, 1989). In Illinois alone, 12 death row inmates have been cleared and freed since 1987. The most conclusive evidence in support of this "comes from the surprisingly large numbers of people whose convictions have been overturned and who have been freed from death" (Bedau, 1997). One out of every seven people sentenced to death row are innocent (Bedau, 1997). The numbers are disturbing, innocent people are becoming victims of the United States judicial system by its overlooked imperfections. A former president of the American Bar Association (ABA), John J. Curtin Jr., said it best when he told a congressional committee that "Whatever you think about the death penalty, a system that will take life must first give justice. Execute justice, not people." Though some of the innocent death row inmates have managed to escape their execution, there are...
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