Capital Punishment

Capital punishment in America developed as a result of the influence of the British when they settled in America. They brought with them the laws that include capital punishment. The earliest form of death penalty ever recorded was that of Captain Georg Kendall in the year 1608 in Jamestown Colony, Virginia. Kendall’s execution was attributed to his being a spy of Spain. Captain Georg Kendall was a member of the first council that was appointed in Jamestown in Virginia colony. In that year, he was executed by a firing squad making him the first person to have ever been sentenced to death in the United states.

In the present day of America the death penalty has diminished greatly in its use to a point where it is almost never used in most states and most other countries accept a select bunch, have also adhered to this same philosophy. (deathpenaltyinfo.org)

Some may be shocked to be informed that capital punishment actually costs more than life in prison; that is without parole. Many would figure that the costs would be less for the death penalty because of the food, place of living for the prisoners, etc., but quite frankly, it costs more for a prisoner to be punished to death rather than to having life in prison (Hyden). Some state’s taxes differ but for the state of California, capital punishment costs taxpayers more than $114 million a year (Bushman). Additionally, the taxpayers of California spend $250 million per execution (Bushman). According to the nonpartisan state legislative analyst’s office, the average cost of imprisoning an inmate was around $47,000 per year in 2008-09. In comparison, the death penalty can lead to an additional $50,000 to 90,000 per year, according to the studies found (Ulloa). In more studies, they have estimated the taxpayers to spend $70 million per year on incarceration, plus $775 million on additional federal legal challenges to convictions, and $925 million on automatic appeals with the initial challenges to death penalty cases

October 21, 2002 - In a 5-4 decision, the Supreme Court refuses to reexamine whether executing killers who were under 18 when they committed their crimes is constitutional. The US, along with Somalia, is one of the last remaining countries in the world where it is legal to execute juveniles.

Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation

In the United States, there are around 40 to 50 executions per year, Texas with 10 or more prisoners put to death each year. Texas has the highest rate of deaths out of all the other states with the death penalty. Texas currently has three prisoners put to death already. The United States has currently 31 states with the death penalty; the remaining states abolished it. The death penalty should be abolished because of the cost, it shortens punishment for the person who did the crime,and it puts innocent lives at risk.

In the United Sates, the first juvenile death penalty recorded occurred in 1642 of a minor under the age of 18 and the youngest person ever given the death penalty was ten-year old James Arcene in 1885 for robbery and murder (Strater, 1994-1995). By 1994 there were only 9 states, among which were New Jersey, Kansas, and Maryland, that prohibited the death penalties for juveniles. In 2003 the number of states permitting capital punishment declined to 21, a number of them allowing this punishment to those as young as 16 (Steinberg & Scott, 2003). Since the days of the first juvenile execution approximately 362 more juveniles have been

     In 1643 a sixteen year old boy was put to death for sodomizing a cow.

There have been over one thousand executions by this method, which is the most so far in history. Other execution methods include electrocution, gas chamber, hanging, and the firing squad. Although these methods still exist, all the state's using the death penalty consider lethal injection to be the first option, if it is unavailable, those executions will be the alternative, varying by state. Some states would even display the executions for the public eye through television or public events. “In 1834, Pennsylvania became the first state to move executions away from the public eye and carrying out in correctional facilities.” Eventually, most states started to perform executions behind closed doors, where the public could not see

The U.S. Supreme Court decided, on January 27, 2004, to evaluate whether executing sixteen and seventeen year-olds violates the Constitution’s ban on 'cruel and unusual punishment.' The evaluation comes after the Missouri Supreme Court overturned the death sentence of 17 year-old Christopher Simmons. The United States Supreme Court ruled, in March 2005, that the death penalty for those who had done their crimes before they were 18 years old was cruel and unusual punishment and henceforth barred by the Constitution. Four justices have called the juvenile death penalty 'inconsistent with evolving standards of decency in a civilized society' (Juveniles and the Death Penalty).

In 2005, the Supreme Court in Roper v. Simmons struck down the death penalty for juveniles. 22 Defendants had been executed for crimes committed as juveniles since 1976 ("Juvenile Offenders Who Were On Death Row | Death Penalty Information Center"). From the research I have gone through Tennessee has never executed a juvenile, to date the youngest person to be on death row is Sedrick Clayton, 33. (Courtesy: Tennessee Department of Correction).

Criminal law is imposed by almost every nation in the world to reduce crime rate and maintain law and order of the society. An individual who found guilty of a crime will have to face corresponding punishments. Among all penalties, capital punishment is considered to be the most severe and cruelest one which takes away criminal’s most valuable right in the world, that is, right to live. It is a heated debate for centuries whether capital punishment should be completely abolished world widely. The world seems to have mixed opinion regarding this issue. According to Amnesty International (2010), currently, 97 countries in the world have already abolished capital punishment while only 58 nations still actively adopt death penalty.

Murder, a common occurrence in American society, is thought of as a horrible, reprehensible atrocity. Why then, is it thought of differently when the state government arranges and executes a human being, the very definition of premeditated murder? Capital punishment has been reviewed and studied for many years, exposing several inequities and weaknesses, showing the need for the death penalty to be abolished.

The death penalty is something about which many people do not have a clear opinion. It is considered to be the punishment of execution, administered to someone convicted of a capital crime. Many people support the death penalty, while others wish for the death penalty to be abolished. My personal opinion on the death penalty is that it should be administered only in cases of certain crimes such as: serial murder, serial rape, and terrorism.

In his paper, “The Minimal Invasion Argument Against the Death Penalty”, Hugo Adam Bedau argues against the death penalty. Bedau’s purpose is to convince people to favor the lifetime imprisonment over the death penalty with an argument that had been previously used by other authors called “The minimal Invasion Argument”, which he considers to be “the best argument against the death penalty”(Bedau, 4). In this paper I will describe Bedau’s argument and show how he has some weaknesses addressing the concept of the minimal invasion argument by ignoring what in my opinion is the main reason why the death penalty has not been abolished; this reason being our incapacity as humans to “define” our environment. When