Who chooses who lives and who dies? In the case of people charged with capital punishment within the United States, the government decides. What gives the American government the right to do this? What makes the death penalty constitutional or unconstitutional? Opponents of the death penalty believe that capital punishment is unconstitutional because it goes against the 8th amendment, which prevents the use of cruel and unusual punishment. Contradictorily, I believe that the 5th amendment, which allows the use of capital punishment, is constitutional on the grounds that it is allowed by the U.S. government. I also believe that the death penalty is needed because of the fact that there are some crimes that are so heinous that there is no other punishment that fits the crime. I understand why many Americans may believe that the death penalty can be considered cruel and unusual punishment on the grounds that many execution methods can be painful and lengthy in time. We can all agree that capital punishment is a last resort option, but I can argue that capital punishment is legal through research based on evidence from the constitution and real world accounts. The death penalty is a very controversial topic across America, and even the world. Undeniably, with every topic there will often be more than just one argument to a particular subject. In the case of capital punishment, the two main sides are simply for capital punishment, and against capital punishment. For the portion
"Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by ... any … kind of willful, deliberate, malicious, and premeditated killing ... from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree." (Cornell) First-degree murder is very clear in its definition in US law. On the fateful night of November 14, 1959, Perry Edward Smith and Richard Eugene Hickock seemed to have completely disregarded that very law when they made the decision to murder the innocent Clutter family after a planned robbery attempt and murder for cover up. Herbert and Bonnie Clutter and two of their children, Nancy and Kenyon Clutter, were brutally slain that night only for a total gain of fifty dollars for the killers. For the brutal murders of the Clutter family, Perry Smith and Richard Hickock should undoubtedly be punished by receiving the death penalty.
The death penalty has been battered backwards and forwards by the questions of abolishment and replacement, with mixed results. There seems to a jagged line in the sand on where people stand, and due to the continuous use today (albeit at a slower clip than in the past), it is still very much a prevalent topic of punishment. Those who argue for it believe that taking it away will take away a great deterrent, that families find peace, and that those who commit egregious crimes deserve only death. Anything less “would fail to do justice because the penalty – presumably a long period in prison – would be grossly disproportionate to the heinousness of the crime” (“Top 10 Pro & Con Arguments,” 2016). Those who don’t believe in this punishment as a modern-day, useful tool of deterrence and punishment for crime, continuously counter these arguments, as well as any others, daily at every turn. Though many states have made it illegal, others placing moratoriums or refusals to use it, the death penalty can still be found active today. But why can’t it be replaced with life without parole, and it if can why should it?
The death penalty has been around for ages, but criticism about the death penalty is new. The has been criticism has soared to a new high because some people believe it is inhuman. In recent years debate about death penalty has risen to a new height. The pros and cons of the death penalty are being weighed in court rooms across America because of court cases killing innocent people. While the cons have noble intentions behind them for saving a human life. The pros far outweigh the cons because certain situations, the only true justice is through the death penalty. The death penalty is beneficial to America due to the cost of keeping prisoners in prison, and it is the only moral way to punish some crimes while also keeping some crimes from happening.
Death is something that a lot of people think about, but do people think about the Death Penalty? Having been given the death penalty means that someone is going to be put to death by a lethal injection or an electric chair; There are more ways, but the injection and the electric chair are the most used. There are many different opinions surrounding the idea of death penalties; which some people think the death penalty should be used more and some believe the complete opposite.
“There were eleven votes for “guilty”. It’s not easy for me to raise my hand and send a boy off to die without talking about it first” (Rose). The death penalty is a punishment of execution given to criminals convicted of heinous crimes. Since 1976, 1,463 people have been executed by the death penalty (Death Penalty Information Center). As of November 2016, there are 31 states that still implement the death penalty, 19 that have abolished the death penalty and 4 states with gubernatorial moratoria. Some people believe that the death penalty should be used as a form of punishment, while others believe that the death penalty is immoral and should not be used as a punishment.
The death penalty has been a controversial issue in American society for decades. There are some who believe that the most villainous of criminals (i.e serial rapists, mass murders, serial killers etc.) should pay for their crimes with their life since they had the audacity to take the life of another. Others believe that taking away a life, no matter how immoral or treacherous the person or their crime may be, is wrong under any and all circumstances. In Stephen Nathanson’s book An Eye for an Eye, he follows the belief that the death penalty should never be an option when sentencing, and I agree wholeheartedly. There are many other ways to inflict punishment on someone without taking away the most sanctified part of them: their life.
During the year of 1608, the first recorded execution took place, killing Captain George Kendall. Since that moment, as the United States of America expanded, the death penalty became part of the law. Killing 1465 criminals since 1796, the death penalty has kept numerous crimes from happening. The death penalty is supported by the victim of the crime’s family, follows the “eye for an eye” rule, is a deterrent of crimes and should not be abolished.
) Moreover, the pattern of this kind of murderer, the killer, is almost by definition a person who takes his chances like the soldier of fortune he thinks he is. (37) Most killers do not engage in anything like a cost-benefit analysis. They are impulsive, and they kill impulsively. If capital punishment does deter criminals, it can do so only indirectly. Potential murderers must have some standard of right and wrong. They must acknowledge morals issues. They must be without mental illness and they know and have the capacity to think about what they are doing. This conception of general deterrence seems deeply flawed because it rests upon a doubtful conception of how this murderous population internalizes social norms. Although the perpetrator
The death penalty has been debated for centuries. Within just America, it dates back all the way to 1608. In an article entitled “History of the Death Penalty” from the website Death Penalty Information Center, it states, “The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain.” So, it is safe to say that the death penalty has been around for a long time, and has been debated by many for just as long. Most people will claim that they are against the death penalty with no reason other than they believe it is immoral and wrong. Those people simply do not know the facts of how the death penalty actually helps the American Justice System. The death penalty prevents overcrowding in prisons, reoffenders, and is cheaper to the taxpayers.
Why is the death penalty so ineffective and expensive? There are multiple reasons to both questions, ranging from the trial cost and appeals or to the 153 people that have been exonerated. Theres also the declining popularity of capital punishment with only 60% of americans saying that they support it, as of 2013. Also a 2014 poll by the Washington Post and ABC News found that a majority of Americans (52%) prefer life without parole as punishment for murder, with just 42% preferring the death penalty.(“Public Opinion About the Death Penalty.” Public Opinion About the Death Penalty | Death Penalty Information Center, Deathpenaltyinfo.org, deathpenaltyinfo.org/public-opinion-about-death-penalty.)
In a perfect world, there might not be any “victims” of the death penalty, but a simple, accidental house fire was all it took for one man’s life to take a tragic turn onto death row. There he was, bound to a metal chair, sitting lifelessly with both arms hanging down his sides, a victim of the death penalty. He pleaded his innocence throughout the entire case. For many months, he had pleaded to everyone including prosecutors, jury, and lawyers, to see that it must have been an accident, but no one believed him. He was found guilty for spreading flammable liquids through the house and setting the house on fire, murdering all three of his children, and was sentenced to death. Years later, when the same researchers studied the fire more thoroughly,
“An eye for an eye, and a tooth for a tooth” is how the phrase goes. Belonging to Hammurabi’s code, this ancient motto has become the basis of a great political debate over the past few decades - the death penalty (US History). The legal definition of the death penalty, also known as capital punishment, is a sentence of execution for murder, treason, and other capital crimes, which are punishable by death (Legal Information Institute). This is an issue that has the United States quite divided. While there are many supporters of the death penalty, there is also a large amount of opposition. Currently, there are thirty-two states in which the death penalty is legal and there are eighteen states that have abolished it (Death Penalty Information Center).
Ending another human’s life is a very touchy and hard concept to grasp. At times it may seem like it is appropriate but I do not agree. Supporters believe that this punishment is discouraging for other criminals. My personal stance on the death penalty is that it is a worthless and an antiquated sentence.
The death penalty is quite a controversial subject, and for good reason, with news headlines such as “5 of 6 candidates for California governor oppose death penalty”, this one being from the San Francisco Chronicle, coming up everywhere. There is more to it than just political candidates making a stance on the subject to help appeal to voters. Out of the fifty states, thirty-one support the death penalty, while four have a governor-imposed moratorium, which suspends the death penalty until events warrant the need for it to be imposed again. With capital punishment being such a hot topic, many people are either for it or against it. Those who are against it may consider it unconstitutional and error prone. Well, that is not necessarily the case because the death penalty has many pros. In fact, the death penalty helps deter future criminals, has a lower cost compared to life without parole (LWOP) for criminals, and executions are humane.
One highly controversial, highly debated topic in the United States today is the death penalty. Is it just or unjust? Does is deter murders and crimes? Are there proper rules for it, and a fair system to decide who gets the death penalty? The death penalty is “the punishment of execution, administered to someone legally convicted of a capital crime.” Today it is mostly used for murder cases, however, depending on the state it can also be used for treason, aggressive kidnapping, drug trafficking, aircraft hijacking, espionage, and aggressive assault by felons, murders or the incarcerated. The death penalty is primarily given as a lethal injection, but in the past has also been given as electrocution, gas chambers, hangings, or firing squads. It is important here to point out the difference between execution and capital punishment. Execution is: “the act or process of executing.” Capital punishment is: “punishment by death for a crime; the death penalty.” They are different in that execution is not always for a crime; it can be random and unjust. Capital punishment is always for a serious crime. The question of the death penalty is a very important question because of the finality of the death penalty. Once the person is put to death, we cannot bring them back. The question of the death penalty is relevant because it it a popular, ethical, and serious question we are faced with today.