Capital Punishment, also known as the death penalty, is the gravest punishment in the U.S. criminal justice system (Van den Haag, E., & Olin, J. M., 1986); It is the legal killing of a person guilty of committing heinous and malum in se acts against the public, such as the intentional killing of an individual, intentionally committing an act of violence knowing that it may be deadly to an individual, inflicting injury to a victim resulting in death, etc. (18 U.S. Code § 3591). According to the U.S. Code,
“(a) A defendant who has been found guilty of– … shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence
…show more content…
Furthermore, when investigating the costs of the death penalty versus a life without parole (LWOP) sentence, the Justice For All (JFA) estimates that, over time, “LWOP cases will cost $1.2 million - $3.6 million more than equivalent death penalty cases” (Sharp, D., 1997). The death penalty is not only supported by most of the general public and arguably less expensive than LWOP sentences, but it is also a just punishment for individuals whom commit heinous acts. Often, non-supporters of the death penalty will use the Bible, specifically the Sixth Commandment, to fight against the law, however, some Christians rebuttal saying that Jesus said to his disciples “’…all who take the sword will perish by the sword’ (Matt 26: 52)” (Lowe, W., 2011). Though Christians view every human life as important, we also believe that the death penalty is necessary in cases where the defendant is a grave threat to the community while alive. Lastly, those sentenced to death shalt not be the ones remembered or given attention to, but rather we should remember the thousands of lives lost each year to murder – “The combined loss is incalculable” (Who Speaks for the Victims of Those We Execute?, 2015). The guilty criminal who receives this punishment has voluntarily assumed the …show more content…
Although there has been an abundant effort made to fully prove beyond a reasonable doubt that a person sentenced to death is guilty of his crime, “37% of all death row cases [since 1973] have been overturned for due process reasons or commuted” (Sharp, D., 1997). Furthermore, according to the Innocence Project, 349 individuals have exonerated due to new DNA evidence and there have been 149 newly identified perpetrators in national cases (Help Us Put An End To Wrongful Convictions!, 2017). A growing problem in the Criminal Justice System (CJS) is in prosecuting innocent persons; former Illinois Governor George Ryan recognized this problem and decided to “pardoning four death row inmates and commuting the sentences of 167 men and women” (Holguin, J., 2003). Three years prior, Governor Ryan enacted a moratorium, a legal suspension on a certain law or procedure, on executions after being informed of thirteen wrongfully convicted death row inmates (Holguin, J., 2003). According to the article, “the only way capital punishment will survive as a legal option over the next 10 years is if the procedures by which men and women are sentenced to death are fixed from the ground up; from and within state legislatures” (Holguin, J., 2003). Another issue with the death penalty was that the mentally challenged might have been taken advantage of in trial leading to a capital punishment conviction, however, in 1989, the UN
For years the death penalty has been one of the most controversial topics in the judicial field. The death penalty has been abolished in 18 states leaving 34 states that allow it. It is argued that the death penalty goes against moral and religious beliefs along with being unconstitutional. I’m against the death penalty not because of sympathy for criminals but because it isn’t effective in reducing crime, cost more than it would to incarcerate a person for life, and worst of all it risks executions of innocent people. Capital punishment is an increasingly argued issue in today’s society. The main focus of the criminal justice system is to rehabilitate criminals and to protect society from those who are not. Ernest Van Den Haag argues that,
According to the Death Penalty Information Center, eighteen states have abolished the death penalty since its implementation (Facts About the Death Penalty). But what are the reasons behind doing so? Historically, public policy concerning capital punishment has shifted dramatically, from required capital punishment to jury nullification to a rise in the abolition of the practice. Public opinion has shifted alongside policy, with more and more Americans disapproving of the death penalty and the morality behind it, citing it as an inhumane and hypocritical approach to justice and punishment. I am with the the more progressive Americans that do not believe in administering the death penalty under any circumstances. Rather, I support life imprisonment or the insanity defense for capital offenses whenever appropriate. Capital punishment is ineffective because it lowers the state down to the level of the defendant, frequently discriminates against racial minorities and those of lower socioeconomic status, and it has been abolished in nearly every other modern democratic country.
There are about 121 innocent people sitting on death row tonight. A study by the National Academy of Sciences reports that conservatively, 4.1 percent of defendants sentenced to death are indeed innocent. Capital punishment is abolished in many parts of the developed world, but is still carried out daily. In this day and age, its existence may seem questionable. After World War II, crime rates increased in the United States, peaking from the 1970s to the early 1990s. Violent crime nearly quadrupled between 1960 and its peak in 1991. Sure enough, thirty-two states, the federal civilian and military legal systems permit the death penalty. Its application is limited by the Eighth Amendment to the Constitution to aggravated murders committed
The Britannica Encyclopedia declares that capital punishment is a criminal sentence in which one is sentenced to death, after being found guilty of a capital offense, by a court of law. The death penalty and capital punishment are synonymous in terms of the law (“Capital Punishment”). Capital offenses are often serious, major crimes that usually involve either the murder or harming of another individual. The death penalty process has become a long and arduous process that can last a decade or more. This process can entail innumerable appeals, public defenders stalling time and dozens of trials and retrials that cost taxpayers millions. Therefore, the American death penalty process for death row inmates should be revised and if it cannot
“The use of the death penalty in the United States has been rapidly declining since the end of the 1990s” (Dieter, 2015). This is contrast to the believes of the Founding Fathers where “the death penalty was widely accepted at the time the U.S. Constitution and the Bill of Rights were ratified” (Gardner & Anderson, 2014). While the crimes have not changed, aspects of capital punishment which were once viewed as constitutional, today are deemed cruel and unusual. The prevailing liberal view sees the death penalty as morally unjustified and a vengeful form retribution. “It is the most brutal form of state power, requires massive state administrations and it costs significantly more than life imprisonment which is both more humane and equally effective” (Davidson, 2015). They point to the lack of deterrence it provides and highlight the racial and gender biases of the criminal justice system and the potential for the execution of the innocent by the State. In contrast, those in favor of capital punishment see it as a valid, moral and constitutional punishment as punishments should be imposed in proportion to the crime. The death penalty is reserved for the most violent of crimes in society and without it, justice is not achieved for victims and their families. The death penalty must be viewed again as a valid, moral and legal
The death penalty has been present, in one way or another, for virtually as long as human civilization has existed. The reasons why are apparent; it is intrinsically logical to human beings that a person who takes the life of another should also be killed. This philosophy is exemplified in the famous Biblical passage, "An eye for an eye, and a tooth for a tooth." However, in light of recent research into ethics, criminology and the justice system, the time has come for us to re-examine our ageless paradigm of revenge.
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
Though capital punishment does indeed fail to eliminate crime from the streets, the possible execution of innocent individuals outweighs many other concerns. Most capital punishment cases pose great difficulty in the determination of guilt or innocence beyond a reasonable doubt. An example of possible wrongful execution appears in
Lenta (2015) challenges a report on the ethical justification for use of the death penalty as he examines the philosophical investigation conducted by Matthew Kramer, who reports that the death penalty is not an acceptable form of punishment and that repentance is a preferred option. Lenta (2015) relates that the proposal he examined, called the “purgative rationale,” does not offer a convincing argument that the system should be adjusted according to that author’s suggestions. For example, “defilingly evil offenders,” those with abusive or deprived backgrounds, may not have had the societal tools to develop into a fully-functioning adult, and that these adult criminals should be offered a chance at redemption. He further challenges the notion that the community be responsible for incarcerating an offender for the amount of time it takes that person to be repentant. Instead, Lenta (2015) argues that even with repentance, there is no guarantee that the condemned would no longer pose as an affront to humanity, and there is no guarantee that a prescriptive approach toward offenders is more favorable than a punitive
The vast majority of Americans have a rational and firm position concerning capital punishment, regardless of which position they hold. The supporters of capital punishment adamantly state it serves as a crime deterrent, while serving justice for our society and is morally right. Whereas the opponents believe that capital punishment is racially bias towards African Americans and other that other forms of punishment can be used without the government taking human life, and is immorally wrong. I personally think capital punishment is it is a vital part of our United States criminal justice system, just as it was in the Old Testament. The Old Testament states that it was a major element of the justice system in Israel. “Justice in God’s eyes requires that the response to an offense, whether against God or against humanity, be balanced. The lex talionis (“law of the talion”) served as a restraint, a limitation, to ensure the punishment would be no greater than the crime” (Colson, 2017).
Meet Jimmy Lee Gray. In 1968 he murdered his fiancé by cutting her throat, he only served seven years of his twenty year sentence when he was given parole. Not long after this he struck again, this time it was even worse. One June 27, 1976 he kidnapped a girl, took her to the woods where he raped her and attempted to drown her. When drowning did not work he broke her neck with his boot. Her name was Daressa Jean Seales and she was three years old.
What in the world would be the punishment for the most brutal killers beside the death penalty? Historically, people have been murdering people mostly because of either how popular they are or how wealthy they are. Such as In In Cold Blood, the author stated that the two killers killed the entire family in one night intentionally just because of hatred or thievery. The judges of the court must give Dick and Perry Smith the death penalty because the most brutal killers should be eliminated in order to assure that one day these killers cannot come out of prison and commit another crime.
Capital punishment is a failed and outdated government practice. The death penalty denies citizens of civil liberties and is in direct conflict with the values of the democratic system. American citizens have fallen victim to the penalty of execution and it is time we demand action. For centuries capital punishment has been the subject for criticism; according to Deathpenalty.procon.org, back in the late seventeen hundreds an Italian Jurist name Beccaria, "The first prominent European to call for an end to the death penalty, Beccaria is considered the founder of the modern abolition movement. He published a prolific article about Crimes and Punishments; it was the first key study of the criminal justice system as it functioned in eighteenth-century Europe; it was also the first to call for the abolishment of capital punishment. It still stands as the greatest significant attack on the death penalty ever published. With that being said, today we are still going through this continuous battle to abolish capital punishment.
The United States Constitution was based on the principles of what was right. It presented a radical new system of government, to right the wrongs of the past, to create a more perfect society. However, the Constitution has led to many disagreements on its interpretation. In the case of capital punishment, while the Constitution does not explicitly outline its practice, it offers insight to how such systems should be excluded from American Society. For this reason, the death penalty clearly acts in violation of multiple amendments that protect American citizens. As the death penalty violates the 5th, 6th, 8th, and 14th Amendments, it is an unconstitutional practice that should be outlawed.
The death penalty is still a valid form of punishment in the United States and the debate of whether or not this is a just act has been of popular discussion. The controversy surrounding capital punishment and its morality has been an argument since the formation of the anti-death penalty movement. Many abolitionist argue the morality and constitutionality argument of capital punishment stating that “it [is] morally wrong, and even unconstitutional (Sween).” This is because anti-death penalty organizations like ones in Maryland claim that not only is it unjust to kill a person, but that “capital sentencing… is prone to racial bias and fails to deter crime (McLaughlin).” In addition, the death penalty could be construed as cruel and unusual punishment and would be therefore unconstitutional. While people who are pro death penalty argue that a twisted form of justice should be served. Although the abolitionist movement has been around for centuries, little headway has been made in the name of ending capital punishment in America. That is until the argument of economics within the death penalty was popularized in the nineties (McLaughlin). This argument of finances is structured around the inefficiencies of the economics of administering the death penalty along with the process of the death penalty. In addition, there are many flaws within the system of capital punishment. “Columbia University published a report on capital punishment in 2000, which found that 68%