Death Penalty Is Constitutional

In: Other Topics

Submitted By jhaddad
Words 639
Pages 3
Jamil Haddad February, 13, 2013’ Death Penalty is Constitutional The 8th Amendment prohibits the justice system to condemn cruel and unusual punishment. However there has been a big controversy whether death penalty is constitutional. In the Gregg case, the majority in the Supreme Court stated that the new requirements in order to sentence someone prevents jury’s from being, “Cruel and unusual”. “Moreover, they added the new Georgia statues were sufficiently rigorous so as to ensure that the death penalty would not be arbitrarily applied”, (Potter Stewart). Because Georgia has made strict rules in order to regulate death penalties, it has stopped jury’s from making decisions capriciously and arbitrarily. “The new Georgia sentencing procedures by contrast, focus the jury’s attention on the particularized nature of the crime and the particularized characteristics of the individual defendant.” Capital punishment is constitutional according to the Gregg vs. Georgia precedent. Before the judges can pull out the execution card, now they are obligated to examine the details of the action committed and examine the circumstances that have made the criminal commit the crime. By doing this first simple procedure it gives the defendant a chance to know that their truth would be valuable and would feel more security in knowing they wouldn't be discriminated on. Including every person that gets death penalty as a punishment will get an automatic appeal. The defendants would get a second chance to re-analyze the case, so they can re-measure the factors that sentence that person to execution. Opponents of the death penalty might argue that in the Furman v. Georgia violates the 8th Amendment. Furman became a thief due to survival. His biggest struggle was finding a job, that’s why he…...

Similar Documents

Death Penalty

...The Death Penalty Is It a Deterrent to Cop Killing And Crime in General Eastern Michigan University School of Police Staff and Command Executive Lieutenant Ronald Livingston Huntington Woods DPS Huntington Woods, MI An applied research project submitted to the Department of Interdisciplinary Technology as part of the School of Police Staff and Command Program. 2 Abstract This paper examines whether or not the Death Penalty is a deterrent to crime in general and more specific, it examines if the Death Penalty is a deterrent to the murder of Police Officers in the line of duty. It explores the history of the death penalty as our country moves through different periods in its history. Comparisons were made of regions throughout the country as to how the death penalty impacts crime in general and whether the fact that having the death penalty makes Police Officers safer with potential Cop killers knowing that the death penalty awaits them should they kill an Officer. This paper was compiled mainly by researching online periodicals, newspapers and books. This is a topic that evokes strong feelings, pro and con. These feelings and responses to certain crimes provide a virtual emotional roller coaster ride depending on circumstances. The killings of two Detroit Police Officers earlier this year proved to be no different. 3 Table of Contents Abstract ………..……………………………………………………………………..2 Table of Contents………………………………………………………………….....3......

Words: 8281 - Pages: 34

The Death Penalty

...The Death Penalty Capital punishment is putting a condemned person to death. When one reads history of the world, it is seen that many people were sentenced to death because they raised a voice against the king. Ending a person’s life without giving him a chance to repent is not the best of the correctional methods. It might serve as deterrence for others but to what extent is that entirely true will be examined in the paper. The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas. There is still confusion about what is actually constitutes “cruel and unusual punishment.” There have been several court cases of interest that have challenged and redefined this concept. In Louisiana ex. Rel. Francis v. Resweber, a convicted murderer was subject to a botched execution, and subsequently argued that a second attempt at execution would be a violation of the Eighth Amendment constituting cruel and unusual punishment. Previously the forms of execution were very painful. Many were beheaded while many were crucified. Crucifixion was the method used to execute Jesus according to Christianity. Such methods aimed at prolonging the pain before death. “Some may attempt to argue that there is scriptural authorization for the death......

Words: 1624 - Pages: 7

Death Penalty

...Paper Section 1 “Should The Death Penalty Be Legalized?” I. Although the death penalty is in decline, the “Golden Age’ of capital punishment in the United States peaked in the year 1999, where there were a total of ninety eight executions (“The Tide Shifts Against the Death Penalty” 1). This was the highest number seen since 1976. Advocates of the death penalty feel that the fear of death will make criminals think twice before committing a crime. However, opponents of the death penalty feel that innocent people are too often sentenced to death for crimes they did not commit. As to any argument, there are pros and cons of the death penalty. Is the death penalty just a punishment? Do certain crimes cry out for the death penalty? Does it violate the United States Constitution? Does it deter crimes? As of January 1, 2008, the number of people on death row in the United States since it originated is 3,263 (“The Death Penalty in the U.S. 1976-2008” 1). II. The most common means of executing prisoners on death row is by lethal injection. Some claim that this violates the Eighth Amendment prohibition against cruel and unusual punishment (“The Tide Shifts Against the Death Penalty” 1). There are other methods of execution in the United States, such as firing squad and electrocution. There are thirty seven states in the U.S that use the death penalty (“Death Penalty Information Center Facts About the Death Penalty” 1). This includes the Federal......

Words: 1575 - Pages: 7

Death Penalty

...For decades the death penalty has been an emotional and almost unmentionable issue that has affected people in many different ways. Whenever the word "death penalty" comes up, extremists from both sides start yelling out their arguments. One side says deterrence, the other side says there's a potential of executing an innocent person; one says justice, retribution, and punishment; the other side says execution is murder. Regardless of people’s philosophic points of view, it is important to be aware of the facts. This is exactly what I would like to talk about in this essay: the facts regarding this controversial issue. I do not have the answer to this question; I believe both viewpoints have good arguments. Everyone is entitled to his or her own opinion in this or any other matter, but no one is entitled to his own facts. What is the death penalty? Congress or any state legislature may prescribe the death penalty, also known as capital punishment, for murder and other capital crimes. (Death Penalty: An Overview, 2010) As far back as the Ancient Laws of China, the death penalty has been established as a punishment for crimes. In the 18th Century BC, the Code of King Hammurabi of Babylon established the death penalty for twenty five different crimes, although murder was not one of them. The first death sentence historically recorded occurred in 16th Century BC Egypt where the wrongdoer, a member of nobility, was accused of magic, and ordered to take his own life. During this...

Words: 2381 - Pages: 10

Death Penalty

...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.......

Words: 4062 - Pages: 17

Death Penalty

...Death Penalty The Death penalty is one of the most controversial and debatable questions in the history of criminal justice. The main problem is that the death penalty is irrevocable so a wrong decision can lead to a terrible mistake and injustice towards an innocent person. “On the other hand, the death penalty is the only possible measure to punish criminals and protect our society from cruelty and repeat crimes” (Coyne and Entzeroth 72). Objectively speaking, plausible moral arguments can be made both for and against capital punishment. A key element of the debate, moral arguments have tended to remain fairly static over the years, and often have been used in conjunction with religious arguments. Two moral arguments have remained particularly important throughout the death penalty debate: retribution and the sanctity of life. Argument: Death penalty is a crucial punishment which violates human and constitutional rights of people, thus it is the only possible measure to protect society from violence and repeat crimes. Those favoring the death penalty often argue that society must express moral outrage at -- and condemnation of -- heinous crimes such as murder. Proponents of death penalty typically consider deterrence to be one of its fundamental goals. “The execution sermons of the early colonies were full of warnings against following in the footsteps of the condemned, and executions were public events designed to instill fear and reverence for the law in the people of...

Words: 588 - Pages: 3

Death Penalty

...Death Penalty in India As Team B began its journey on the debate topic, research gave insight in which direction the team would follow. After evaluating the sources, articles, websites, and information gathered by the team; the presentation was complete. The topic is “Should the Death Penalty be approved in Puerto Rico?” The team has determined that it does not approve the death penalty. Death Penalty in the island was abolished in 1929, and on 1952 on the Constitution. Therefore, no matter the crime committed by an individual, the most severe punishment he or she would get is life imprisonment. Although many Puerto Ricans believe in the Death Penalty, it is unconstitutional to reinstate it. The team had to compare how the arguments, and the outcome would change as the result of cultural differences in the country. India has a culture very different to Puerto Rico. The Death Penalty in India is in effect for (Arora, 2013) “rarest of rare case” (para 3). In fact, India is in the process of sentencing to death four men who raped and killed a woman. People in India have gathered in the streets in protest demanding the government to hang these men. According to, "Crimes And Offenders Punishable By Death" (2013), The Indian Constitution, “According to the Penal Code, if any member of a group commits murder in the course of committing an armed robbery, all members of the group can be sentenced to death. ......

Words: 443 - Pages: 2

Death Penalty

...Running Head: The Death Penalty The Death Penalty Berenice Paz Kaplan College The Death Penalty, also known as Capital Punishment, has been a controversial issue for many years. Some people believe that it is wrong and should be abolished, while others believe that capital punishment should continue to be enforced. Arguments for this are issues of deterrence, the question of whether it’s excessive cruelty, questions of equability, and the public attitudes. In this paper I will explain viewpoints of proponents and opponents of the death penalty. Capital punishment in the United States has been around for many, many years. It was commonly used in the history of the criminal justice system. The methods of executions in history were cruel and unusual. Some of the methods included boiling the guilty in oil, burning to death, hanging them, strangling, stoning, and impaling. 1968 was the first year where the death penalty was not exercised in the United States. In 1976, Georgia, Florida, and Texas were the first three states to uphold the death penalty statues. Later, capital punishment was reinstated to other states as well. Since then there have been debates with this topic. Abolitionists believe that it is morally wrong. They may also believe that it has no benefits to our society. On the other hand, proponents feel that it is a deterrent and can save many innocent lives by getting rid of the murderers that can possibly take other lives. During the 1970s,......

Words: 1358 - Pages: 6

Death Penalty

...Benefits of the Death Penalty  Have you ever thought about if the person next to you is a killer or a rapist? If he is, what would you want from the government if he had killed someone you know? He should receive the death penalty! Murderers and rapists should be punished for the crimes they have committed and should pay the price for their wrongdoing. Having the death penalty in our society is humane; it helps theovercrowding problem and gives relief to the families of the victims, who had to go through an event such as murder.  First, people should know the history of the death penalty. The death penalty has a long history dating back to the 16th Century BC. "In 16th Century BC Egypt, a death sentence was ordered for members of nobility, who were accused of magic. They were ordered to take their own life. The non-nobility was usually killed with an ax"(Burns). During the 18th Century BC, King Hammurabi of Babylon had a code that arranged the death penalty for 25 different crimes although murder was not one of them (Burns).  The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was "cruel and unusual"......

Words: 1489 - Pages: 6

Death Penalty

...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 research on video games such as World of Warcraft.  Wouldn’t we all love to have a “research job” like that? I think Americans should be more worried about that than if a convicted killer or rapist is put to death. Some people, although, are not worried about expenses. To them the financial situation is a problem, but isn’t what’s important. It comes down to the question that has......

Words: 1245 - Pages: 5

The Death Penalty

...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;......

Words: 1656 - Pages: 7

Death Penalty?

...Matt Russo Criminology Paper The Death Penalty Throughout history mankind has had a way to deal with crimes. The idea of punishment and retribution has been around since the first set of written laws, the code of Hammurabi. Since then citizens worldwide have committed crimes and have paid for their actions, whether it be an eye for an eye, or paying a one hundred dollar ticket, punishment is still relevant today. In our world today there is a massive scale on which crime can be committed and the worst of the worst can be put to death. For centuries humans have killed humans when they fell justified. Should we have that power, should we be able to take the lives of others? The death penalty might be the most controversial penalty in existence. The penalty of death was used for over twenty five different offenses for the code of Hammurabi, ancient Greece and Rome also killed civilians for crime. Every civilization in history with a set of laws has been using the death penalty, and there are only a few differences today. Instead of crucifixion, drowning, burning or burying someone alive we think that we kill in a more humane way. In the last fifty years we’ve been avoiding using the electric chair, hangings and firing squads. Now we use the lethal injection, a mix of toxic chemicals injected into the bloodstream to kill the person from the inside out. Now this strikes a debate with most people should we do it? Are we doing it the right way? And who deserves......

Words: 2445 - Pages: 10

Death Penalty

...Death Penalty Definition The death penalty is a sentence of execution for murder and other serious crimes, which are punishable by death. The term capital punishment was borrowed from Latin word capitallis meaning related to head. It, therefore, referred to the one commonly used the method of execution, beheading. Death penalty and capital are terms widely used together to mean the same. However, some people have argued that the terms might not be the same. They believe that capital punishment might not necessarily result into a death penalty since the penalty might be translated into life incarceration. Throughout history, people have found wise to repay a victim by death for wrongs committed against them. For purposes of personal retribution and religious influence, death was seen as the best punishment one can be handed for committing a crime. However, this notion has significantly changed over time with some countries abolishing it completely while others have reduced the offences punishable by death. Historically some of the common crimes that were punishable by death included murder, adultery, robbery with violence, apostasy, rape, treason and some military offenses. These crimes are however different among countries. China, for example, punishes serious corruption crimes by death. Countries like Saudi Arabia, Yemen and Qatar, which derive their legal system from Sharia law, also have different crimes, which are subjected to a death penalty. Such countries are most......

Words: 1248 - Pages: 5

Death Penalty

...salaries to P75,000 to P100,000 within 3years. -Bring back the death penalty for drug trafficking, kidnapping, rape, robbery, homicide. -Pass the Freedom of Information Act. -Monitor front-line government offices using real-time video and audio surveillance. -Bring back special criminal courts to speed up resolution of serious crime cases. -Call a constitutional convention, within first year of term, to study the shift to a federal form of government. -Maintain Conditional Cash Transfer program (Pantawid Pamilyang Pilipino Program or 4Ps) but with a livelihood component that will give loans to the poor for small and medium enterprises. -Establish tourism, agricultural, and industrial hubs in the countryside to create jobs. -Introduce P1 billion “small capital fund” for every region outside Metro Manila where farmers and other poor workers can borrow from to put up businesses. -Provide free irrigation and subsidized fertilizer and seeds for farmers. -Build food terminals in the countryside with cold storage facilities. -Build Mindanao Railway system. -Double salaries of teachers by the end of their term. -Require all hospitals to have a facility for very poor patients with government paying for the health services using PhilHealth reserve funds, sin tax revenues, and Department of Health budget. DUTERTE -Increase police salaries to P75,000 to P100,000 within 3years. -Bring back the death penalty for drug trafficking, kidnapping, rape, robbery,......

Words: 1237 - Pages: 5

Death Penalty

...The Death Penalty In his essay "The Case Against the Death Penalty", this appears in Crime and Criminals: Opposing Viewpoints, Eric Freedman disputes that the death penalty not only does not avert violent crime but also works against compressing the crime rate. Professor Freedman is a distinguished educator who has two essential areas of academic interest. The first is constitutional law and history, with a special emphasis on the history of the Revolutionary period, First Amendment topics, and separation of powers The second is litigation-centered and includes the fields of civil and criminal procedure and strategy, with a focus on the death penalty and habeas corpus. Freedman says, "The death penalty not only is useless in itself, but counterproductive . . ." (140). This paper will examine Freedman's article from the viewpoints of a politician, middle-age working man, and a poor person. In Freedman's article, he argues that the death penalty does not deter crime. He also argues that states that use the death penalty have crime rates that are nearly identical from those states that do not have the death penalty. He also states that criminal cases in which the death penalty is wanted are much more costly to investigate and try, thus denying much-needed funds to programs that have been proven to diminish crime. A politician is likely to disagree with Freedman because he believes a price tag should not be put on doing the things that are right. In Freedman's article he......

Words: 961 - Pages: 4