Death Penalty Essays Examples

Death Penalty Informative Speech Outline

Death Penalty

This informative speech outline topic DOES THE DEATH PENALTY DETER CRIME? The outline detailed 4 APA references. It follow format detailed referenced. Please outline tornadoes OUTLINE FOR INFORMATIVE SPEECH Tornadoes Purpose: To inform audience tornadoes Thesis: Today I discuss fascinating facts tornadoes.

To inform the audience about the two sides of the debate on the death penalty, regarding its justice and its deterrent effect.

The death penalty is one of the most frequently-debated topics in American criminal justice, and it is important to understand both sides of the death penalty debate.

Organizational Pattern: Topical

Attention getter- America is the only major industrialized democracy that still has the death penalty. "Of the 197 countries in the world, 135 (69%) have abolished the death penalty in law or practice and only 62 (31%) continue to use capital punishment" (Support for the death penalty continues to decline, 2013, Arkansas Abolish).

B. Relevance-As American citizens, it is important that all of us are aware of critical facts about the death penalty.

C. Credibility -- the death penalty is a subject on which I have done much personal soul-searching.

D. Thesis -- the death penalty is a controversial subject and one which is…… [Read More]

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Death Penalty Is Fair Punishment

Death Penalty Is Fair

The Death Penalty Is a Fair Punishment for Murder

Arguements have been raised concerning death penalty for a long time now. A lot of people consider death penalty as an immoral, or an unreasonable punishment. (Messerli, 2007) Despite the fact that the death sentences were a constant element of society in the past, which actually initiated from lynching and ended in the modern capital punishment and is still applicable in some states the topic of death penalty is one amongst the most fretfully discussed topics in public. The topic of Capital punishment accompanies several legal, communal and ethical concerns. (Lifton and Mitchell, 2007)

Lots of people are against death penalty. They argue that it is against humanity and immoral and is there any a crime (or series of crimes) so terrible the offender deserves to depart his life? 33 states in America say yes, rest of them answer no. (McCord and Latzer, 2010) People usualy give thousands of arguments against capital punishment: a few of these include, it's barbaric, chauvinistic, redundant, and possess no long lasting effect. However, I am one among the majority, in my opinion capital punishment is nothing but the only fair punishment…… [Read More]

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Death Penalty as Retribution

Death Penalty as Retribution

The Retributive Nature of the Death Penalty

The peaceful fabric of society is torn whenever a crime is committed. In the case of murder, the suffering of the victim's loved ones can be unbearable and last for a lifetime. The destructive ripple effect of these tragedies cannot be compensated for in any way, not even by the capture, conviction, and execution of the killer. However, many states still rely on the death penalty as a form of retribution for capital murder, but if the wrong committed cannot be corrected or compensated for, then what value does the death penalty serve?

One argument in favor of the death penalty is that it allows the government to exact retribution by taking the life of the killer (Budziszewski). Retribution, known by some as 'an eye for an eye' and 'just deserts' form of retaliation, attempts to reestablish social order by forcing the criminal to suffer in the same way that his or her victims did. This form of justice has been attributed to Genesis 9 (5-6) in the Old Testament of the King James Bible, which states that "Whoever sheds the blood of man, by man shall his blood…… [Read More]

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Death Penalty Is A Fair Punishment For Murder

Death Penalty

All indications are that capital offenses are on the rise and the response to this phenomenon has been a cry to impose capital punishment as retribution. Certainly the issue is one of the most hotly debated in the world today; both for consideration of its humaneness as well as efficacy as a deterrent. For the purposes of this assignment we will examine the issue from both sides with the intent of persuading the reader of the necessity of the death penalty.

The United States legal system currently allows for executions; although not all states practice capital punishment. It is a charged moral issue that regularly invokes heated debates both for and against the death penalty. Since the inception of executions, ethicists have used religion, emotion and practicality as the basis for their arguments. Since 1976 when capital punishment was reinstated in the United States one of the reigning views is that executions are morally acceptable and our country has an obligation to maintain these statutes that will allow the continuance of capital punishment (Radelet et al., 2006).

Originally capital punishment followed the colonists here from Britain and each state legislature voted on the application and manner of the…… [Read More]

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Death Penalty Debate on Ethics and Morality

Death Penalty

An on-going Debate on Ethics and Morality

The debate on whether the death penalty, or capital punishment, should be utilized in the United States is best seen in the varied laws that exist within each state. For this reason, many states, most of which are in the northern parts of the country are against capital punishment, while many southern states support this kind of a law. The U.S. map is quite divided and many have joined the on-going debate on whether or not the U.S. should utilize this form of punishment. Despite the fact that most industrialized, westernized countries have rid themselves of the death penalty, and despite the fact that many argue cruelty and lack of civilized due process in utilizing such punishment, many of those who uphold the death penalty claim that it does work, especially in deterring criminals. The three articles presented below were thus retrieved in order to conduct further research on this issue and examine what beliefs are still held and why, from both the pro and against camps.

In choosing the three articles, the search topic was capital punishment. The ____ (School Name) Library provided over 300 results for this topic. When…… [Read More]

Death Penalty Within the Realm

The debate over the death penalty remains and the Supreme Court will most likely be asked decide such cases for years to come.

Summary and Conclusion

The purpose of this discussion was to examine several landmark Supreme Court cases and explain the evolution of capital punishment jurisprudence from 1972 to the present. The research focused on the cases of Furman v Georgia, Woodson v. North Carolina, Gregg v Georgia, McCleskey v Kemp, Ford v Wainwright, Atkins v Virginia and Roper v Simmons. The research demonstrates a gradual evolution in the manner in which the Supreme Court views cases involving the death penalty.

In cases such as Furman v Georgia the arbitrary nature of the case was taken into account. The fact that the murder was not premeditated seemed to also be taken into account. The facts of the case seem to indicate that Furman went to rob someone and that murder was not the intended crime. As such the court ruled that the death penalty constituted cruel and unusual punishment.

In the Woodson V North Carolina case the question at hand involved the mandatory sentencing laws of the state. In this case the Supreme Court also ruled that mandating such…… [Read More]

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Death Penalty Ethics and Effectiveness

However, sociologists argue that the retributive justice theory suffers due to the lack of appreciation of circumstantial causes involved in the commission of crime. By counting 'free will' as the only factor involved in a crime the deontological thinking lacks in the comprehensive analysis of criminal behavior. For instance the disproportionate number of crimes by the economically disadvantaged African-Americans when compared to Caucasians is a clear instance for external factors that could influence the behavior of a person. In the words of philosopher Thomas. a. Mappes, "Pure retributive thinking seems to presuppose a radical sense of human freedom and its correlate, a radical sense of personal responsibility and accountability for one's actions." [Laurence]

Moral Evaluation

A moral community is based on the principle where each and every member of the community has equal rights to "life, liberty, and the pursuit of happiness." [Kenneth Cauthen] Under these circumstances if one person willfully affects the right of the other person to live it is a serious breach of the moral justice principle and undermines the moral structure of the society. Retribution is in order for such acts of violation of basic human rights. However, if we view from a purely spiritualistic standpoint…… [Read More]

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Death Penalty & Race in

"

This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" is a pivotal place to begin (Ruddell, et al., 2004). It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system; it may actually "contribute to increased crime."

The rationale behind Ruddell's study is partly sociological and partly philosophical: when ethnic minority groups "increase in number and size, they also contest the status quo," and become a "threat." As the minority group grows, so do perceived threats to the economic and social structure of the majority increase, and hence "minority communities are likely to be policed more aggressively," Ruddell continues. As a result more arrests take place in these communities - and on down the road, more executions as well.

The Journal of Human Rights published an article titled "Of rights and men: towards a minoritarian framing of male experience" which adds another level - that is gender, e.g., black men - to the well-documented disproportionate number of blacks killed…… [Read More]

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Death Penalty One of Society's Significant Issues

It would seem that many criminals would find this more amusing than frightening. They do not take their chances of being caught and subjected to capital punishment seriously enough to be frightened by the penalty like many assume they will be (van den Haag, 2001).

According to some who believe in God and feel that capital punishment is acceptable under the scriptures, there is one main point, which is that "This is not an issue that may be measured accurately in terms of statistics. No one can ever know how many potential murderers have refrained from taking human life due to their fear of prosecution, conviction, and ultimate execution" (Jackson, 2003). It is also questioned during this same argument, though, by those who conclude that capital punishment is not a deterrent to violent crime, whether they should also be able to conclude that prison is not a deterrent either, since people seem to keep undertaking crimes, whether or not they think they will go to jail.

Another concern over capital punishment and violent crime is the issue of the mentally handicapped. They, along with juveniles, also undertake violent crimes on occasion. These mentally handicapped people, not to be confused with…… [Read More]

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Death Penalty Unsatisfactory Approach To Serious Crimes

Studies consistently and generally show that, all factors held constant, the race of the accused is a critical variable in determining who will be sentenced to death. Black citizens are, thus, subjected to double discrimination. From initial charging decisions to plea bargaining to sentencing by the jury, Black defendants receive harsh treatment and, as victims, their lives are given less value than whites. Most juries still consist of all white members in many places (Freedman).

Freedman (1997) adds that most capital defendants cannot afford a suitable attorney and so the court must appoint a counsel. Major studies found that the quality of defense representation in capital murder trials is in general far lower than in felony cases. This area is highly specialized. The State must offer attractive pay to competent counsels on the one hand and there many poor people needing them on the other. When the poor person must contend with an equally or more culpable but more financially capable contender, the poor one would clearly suffer on account of this incapacity alone (Freedman).

It is also not rare that jurors tend to sentence to death a person who seems different from themselves more than someone who is similar…… [Read More]

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Death Penalty Is the Most Severe Forms

Death Penalty is the most severe forms of punishment that can be accorded to a criminal who has committed a crime and deserves to be punished. The brief history of death penalty shows that this is nothing new, because it was something that was practiced right from the eighteenth century BC, in Babylon, and thereafter in Athens, and in Rome, and in Great Britain. The death penalty methods of punishments were actually brought in from Great Britain to the United States of America, and there were any number of methods of execution, like for example guillotine, burning at a stake, or impalement. There are many numbers of people who either support death penalty or are against it, and there are quite a few arguments in support of both. However, what one decides ultimately rests on the individual and his cultural background and his religious and moral ethics, but the death penalty is now being supported by many more people today than it was before, and maybe the number of supporters will keep on increasing.

Death Penalty

What is Death Penalty? Death penalty also means capital punishment, and it is used both today as well as in ancient times in order…… [Read More]

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Death Penalty Is a Subject

The Eighth Amendment to the United States Constitution states that people convicted of crimes should not be subject to excessive bail or fines, and that authorities may not inflict 'cruel and unusual punishments' (Eighth Pp). Ratified in 1791 as part of the Bill of Rights, this amendment has been cited as an argument against capital punishment (Eighth Pp). In the 1972 United States Supreme Court case 'Furman vs. Georgia, three men who were sentenced to death argued that the death penalty violated their Eighth Amendment protection against cruel and unusual punishment, and the Court ruled that the death penalty was cruel and unusual in this case because it was not applied fairly or objectively (Eighth Pp). This decision affected six hundred people already on death row and since then, several states have adoped new laws to prevent arbitrary use of the death penalty (Eighth Pp).

In 2002 United States District Judge Jed Rakoff ruled that the 1994 Federal Death Penalty Act had created a system that "is tantamount to foreseeable, state-sponsored murder of innocent human beings" (Bowles Pp). Rakoff said that too many innocent people have been executed in state-court jurisdictions around the country (Bowles Pp). Rakoff, believed to be…… [Read More]

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Death Penalty for Juvenile Offenders

Death Penalty for Juvenile Offenders

Supreme Court by a majority decision on March 1, 2005 in Roper v. Simmons held that death penalty for juveniles was "cruel and unusual" and as such the Eighth and Fourteenth Amendments of the U.S. Constitution forbid the execution of offenders who were under the age of 18 when their crimes were committed. The action reversed the death sentences of 72 convicted murderers in the U.S. who had committed their crimes as juveniles. While the Supreme Court decision has pleased the anti-death penalty advocates, it has not put to rest the debate about death penalty for juvenile offenders. In this paper I shall examine some of the arguments for and against the death penalty for juveniles and the implications of enforcing or doing away with juvenile death penalty.

Arguments for Juvenile Death Penalty

A Murder is a Murder:

The advocates for juvenile death penalty argue that a murder committed by a 16 or 17-year-old is as gruesome as that committed by an adult. There have been several incidents of horribly grisly murders by teenagers that deserve the maximum penalty. For example, Kenneth Loggins (a 17-year-old) along with his friends picked up a hitchhiker in 1994…… [Read More]

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Death Penalty Theoretical Perspectives Death

Functional Theory Approach to Death penalty

The functional theory approach to the death penalty is the longest standing explanation for why the death penalty works. Simply put, the death penalty serves a function. The functionalist theoretical approach suggest that death penalty serves a certain function, that is, deterring crime (Weisberg, 2003; Gamson, 1988). This may also be referred to as manifest function. Unfortunately this theory is somewhat debunk, as there is little hard evidence supporting the notion that the death penalty successfully deters crime. In this case a functionalist may in turn look for latent functions the death penalty might serve including revenge or victim appeasement (Weisberg, 2003). Functionalists support strong condemnatory action because weak or less severe penalties may suggest that the underlying conduct "is not genuinely worth condemnation" (Weisberg, 467).

Social Conflict Theory and the Death Penalty

Social conflict theory typically connects deviant behaviors with power. It suggests that within society certain populations are more vulnerable to crime and subsequent punishment, in part perhaps due to disparate values (Aguirre & Baker, 1993). Conflict theory may support the idea that minority populations, more often than white members of society subject to the death penalty, may not accept societal values…… [Read More]

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Death Penalty Should Not Exist in the United States

Death Penalty

Whether or not the death penalty should be utilized as a punishment for serious crimes is a contentious issue, one that is hotly debated throughout the world. In the past few decades the number of nations that sentence criminals to the death penalty has dramatically decreased, as more than two thirds of countries in the world have abolished the use of the death penalty in practice or law (Amnesty International, 2010). The increase in countries choosing to abolish the death penalty is for good reason, as the arguments against its use are numerous and are based in reliable research and logic. The following discussion will highlight three facets of the powerful argument against the use of the death penalty. These three key points include: the fact that the death penalty is ineffective in efforts of crime prevention; the death penalty is immoral; and the majority of Americans do not think the death penalty should be used, and feel instead that it should be abolished.

First of all, one of the key points in the argument against the use of the death penalty is that it is actually highly ineffective in preventing crime. Many studies conducted since the 1970s…… [Read More]

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Death Penalty Pros and Cons

It violates the right to life...It is the ultimate cruel, inhuman and degrading punishment. There can never be any justification for torture or for cruel treatment" (White, n.d., pg. 1).

In addition to the argument that it is a denial of human rights, abolitionists have an equally strong offender-centered argument of innocence (White, n.d. pg. 2). They argue that innocent people are often put to death, in what can only be termed a heinous denial of justice. Further arguments against the death penalty consist of its use against primarily poor offenders, its inconsistent use, and the fact that convicted criminals, even murderers, can reform in prison and be reproductive once again (White, n.d., pg. 2). White uses the example of Stanley "Tookie" Williams to show this is true. Williams, a former gang member and founder, was executed in 2005, but only after he had sincerely reformed of his ways during the prison sentence prior to his execution. He wrote children's books about the dangers of gangs and was nominated for both the Nobel Peace and Literature prizes. Despite protest, the state decided to execute him for his crimes. Advocates of the death penalty would most likely question his conversion or…… [Read More]

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Death Penalty Few Issues in

All arguments against the death penalty appear doubly applicable to women so convicted; those already victimized by their circumstances and relationships are further victimized by a justice system that is supposed to help them, while the guilty are allowed to continue with their crimes, freed by the skill of high-priced lawyers.

According to Dreyfuss (2003), women convicted of murder specifically face issues such as prosecutors who ignore mitigating circumstances, self-defence, abuse, and mental illness in seeking the death penalty. These are issues that further contribute to the injustice of the death penalty for women, particularly in states such as Texas, and particularly in cases where women are innocent like Jacobs or mentally ill like Yates.

IV. CONCLUSION

Women face a wide variety of integrated problems when faced with any sort of conviction, and particularly the death penalty. These issues are generally a result of circumstances beyond the control of these women, who are then further victimized by a justice system that does not know how to handle, or indeed care, about their needs.

The way in which women on death row are treated is inhumane. Indeed, Scott (2002) notes that the treatment of these people are not even on the…… [Read More]

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Death Penalty Human Civilization Has Come a

Death Penalty

Human civilization has come a long way in terms of upholding and safeguarding basic human rights to life, liberty, dignity, equality and justice. Indeed, this trend is evident in the worldwide human rights movement that protests and fights against cruel practices such as child labor, prisoner abuse, war crimes, and domestic violence against women and children. It is, therefore, surprising that some countries continue to use the death penalty for capital crimes such as murder. Indeed, as this paper will argue, the death penalty has no place in any society that claims to be progressive, humane and just.

What constitutes a progressive human society? Surely, it is one that refuses to allow brutal punishments such as the death penalty and attempts instead to work towards rehabilitating its criminals? This is precisely the point that King raises in her article The Death Penalty Is a Step Back. Indeed, one can't but help agree with King for the very thought of the death penalty is horrible even if the sentence is carried out through the least painful method of lethal injections. For, the manner in which society kills the criminal does not take away the fact that a killing has…… [Read More]

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Death Penalty Society's Primary Responsibility Lies in

Death Penalty

Society's primary responsibility lies in working towards assuring the physical and psychological well-being of its honest and upright citizens. Implicit in the preceding statement is that government and other social institutions must bring about a social environment that is safe and free of crime, especially serious offenses that can endanger lives. Viewed from this perspective, it appears that perhaps the death penalty is a necessary recourse for any society, which wishes to prevent the reoccurrence of severe crimes. Further, and more important, imposing the death penalty plays a pivotal role in society being able to uphold the values of justice, innocence, and social well being.

The ongoing debate on whether the death penalty should be retained or abolished concerns itself with the issue of justice from differing perspectives. The abolitionists, for instance, argue that the death sentence runs the risk of executing some convicted people, whose innocence is proved retrospectively. Further, they contend that the death sentence only serves as a form of retributive justice for the families of victims (Kane, 2003). This view point can, however, be countered effectively by the fact that the death sentence actually delivers a far more all-encompassing form of social justice. For,…… [Read More]

Death Penalty in Favor of

In viewing the basic research available on this issue, the average cost of keeping a prisoner in jail falls somewhere between $100 and $130 a day depending on what area of the country that offender is imprisoned. This equates to a rough estimate of nearly $40,000 per prisoner per year, which not only equals an exceedingly large sum of money, but also surpasses that national average salary of hard working men and women who have done nothing to offend their country or its laws. In viewing the state of the national economy alone in terms of this number, it becomes clear that death-row prisoners kept in prison as well as those prisoners serving a life sentence continue to offend society by becoming a consistent drain on the country's resources.

With the average individual on death row being sent to prison not to be executed immediately, but to serve a significant portion of time behind bars during his or her appeals process, this financial drain on society continues to mount. While critics of the death penalty argue that this time in prison is well spent repenting one's crime, this remains to be proven. While some believe that rehabilitation is the only…… [Read More]

Death Penalty

As such, it is unlikely to change in light of knowledge or information about the death penalty and its administration" (Vollum & Buffington-Vollum, p. 30). Furthermore, "those who scored higher on value-expressive attitudes were less accepting of information critical of the death penalty and, in turn, less likely to change their views in light of the information presented." Thus, the widespread support of the death penalty in the face of ample evidence suggesting both its functional inefficacy and unjust application is explained by the fact that much support for the death penalty is shaped by values and beliefs wholly separate from evidence or data, and as such those beliefs are largely immutable in the face of such evidence.

Thus far the death penalty has only been considered in general as it relates to people's support for it. As has been shown, not only does the death penalty lack any kind of deterrent effect, but its supporters are uniquely attributed in such a way that this lack is utterly incapable of dissuading them from their beliefs. In effect, the main support for the death penalty has been shown inadequate, and the main supporters have been shown to be, if not acting…… [Read More]

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Capital Punishment in the United States

Capital Punishment in the United States

Capital punishment is one of the comprehensive, but debatable punishments given to criminal offenders in the U.S. And many other nations across the globe. Capital punishment involves the issuance of the death penalty because of committing serious crimes like crime in the society. Capital punishment has received tumultuous public support touching both ends of the society with its authorization in thirty-seven American states. It is widely used by the federal system of government and the military. The essence of capital punishment or the death penalty was directed at ending or terminating acts of violent behaviors among U.S. citizens. Many people support this form of punishment while others view it as unfair, unconstitutional, and sheer breakage of human right to life. Based on the connotations laid out by the U.S. state and other nations supporting the elimination capital punishment, capital punishment should be eradicated in the human society (Palmer, 2008).

Although capital punishment appeals to some members of the public, it does not hold water. Even when committed or done by the Federal Government, this punishment does not meet its intended purpose in the society. As such, it turns out to be against the wishes…… [Read More]

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Death Penalty Annotated Bibliography

Death Penalty+ Annotated Bibliography

It has been theorized and even proven that many laws that are in place in America are the product of JudeoChristian religious beliefs, practices and writings, that have over the years been toned down to better meet the needs and standards of the U.S. society. There is a clear sense that some penalties for breaking the law have little if any effect on crime committed in the future, i.e. act as deterrents to crime and penalties for crime range from paying small fines to capital punishment. Opponents of capital punishment have always claimed that it does not deter crime while proponents have claimed that it does. Opponents have also claimed that the death penalty is a violation of the 8th amendment, cruel and unusual punishment and that it does not belong in any civilized society. Proponents on the other hand state that it is important to retain the death penalty for the crime of murder as this crime should be answered with death of the convicted. The debate over capital punishment will likely rage on for a very long time, as there seems to be no end to the evidence and theory surrounding it, but it…… [Read More]

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Death Penalty Anti Historically Much

A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). During those 17 years, Cynthia Barlieb's family was forced to repeatedly relive her murder.

When a person is murdered, it is understandable that American society demands justice, particularly on behalf of the victim's family and loved ones. But we can not advocate capital punishment under the guise of protecting the interests of victims' families, and then cut those members out of the process when they do not support the death penalty. and, yet, there are many examples of this occurring. It is especially heinous to pursue a death penalty sentence against the wishes of victims' families when the pursuit of that sentence will force the victims' families to be part of the legal process for years.

In the end, pursuing the death…… [Read More]

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Death Penalty Although it Lasted

Coming across cases in which people were charged with crimes that did not commit and as a result risked being executed, people in Maryland appear to be unsupportive toward capital punishment, as they recognize that one cannot be brought back from the dead. (Will Maryland follow Illinois's lead and abolish the death penalty?).

With death penalty being presently a part of legal systems from around the world, it is particularly important for people to acknowledge the wrongness, risk, and destructive nature of the procedure. It is almost impossible to believe that modern society and some of the world's greatest powers continue to uphold such practices.

Works cited:

Geraghty, Thomas F. "Trying to Understand America's Death Penalty System and Why We Still Have it," Journal of Criminal Law and Criminology 94.1 (2003)

Haines, Herbert H. Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996)

Langan, John. "Capital Punishment," Theological Studies 54.1 (1993)

Steiker, Carol S. "No, Capital Punishment Is Not Morally Required: Deterrence, Deontology, and the Death Penalty," Stanford Law Review 58.3 (2005)

"Capital Punishment," the Columbia Encyclopedia, 6th ed.

"Will Maryland follow Illinois's lead and abolish the death penalty?." Retrieved March 11, 2011,…… [Read More]

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Death Penalty as Justified Murder

However, the reasons why people commit crime are as different as the individuals themselves. Intentional murder comes in two different flavors. The first is the carefully plotted, well thought out, planned act. In this scenario, motivational theory takes over. The person must feel that they will gain some type of value from the action. It may be that they gain something, such as money, or they may feel that eliminating a person will offer them some type of protection. In any case, the person justifies their actions through a perceived reward in the future (Horisch and Strassmair).

In the case of an intentional murder, the death penalty may deter the action. However, several conditions must be met for the fear of death to act as a deterrent. The person must feel that there is a significant possibility that they will be caught and punished for their crimes. In many cases, they have thought out a plan that they feel will work and result in them escaping punishment. The person must also feel that the punishment is an immediate threat. Criminal minds tend to have a feeling of superiority and do not feel that they will ever be caught or face…… [Read More]

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Death Penalty the United States

Murder cannot be a decried and yet practiced by the same entity without being hypocritical. Innumerable individuals on death row have been wrongfully convicted due to any number of reasons. The appeals of death row inmates sometimes never get heard. Those inmates who cannot afford to fight a good appeal are the worse off of all. Because DNA testing and more traditional forms of evidence can be used to reverse the death penalty, caution should be used when sentencing a citizen to death. Death is irreversible; life in prison is not. The families of the wrongfully convicted deserve such consideration.

Moreover, the death penalty is meted out unjustly to a greater number of poor, minority, and disabled population. Capital punishment reveals biases and flaws in the American judicial system. The death penalty is also extremely costly even though it would seem that killing a convict costs less than feeding one. Rather, data shows that the price of death penalty trials, the appeals to those trials, of keeping inmates on death row, and of the executions themselves is greater than it would be if the same individual were tried for life in prison without parole. The death penalty is costly to…… [Read More]

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Death Penalty Evolution of the Death Penalty

Death Penalty

Evolution of the Death Penalty in Supreme Court Jurisprudence

Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi (Death Penalty Information Center [DPIC], 2010). The utilization of the death penalty for designated crimes continued through the years and became incorporated in Britain's penal system (DPIC, 2010). Britain's use of capital punishment carried over into colonial America (DPIC, 2010). Since that time, the death penalty has been a part of the American criminal justice system. However, its use has not been without strong opposition. This paper explores the Supreme Court cases exploring this controversial topic and discusses the evolution of jurisprudence on the subject matter.

Much of the legal support or opposition for the use of the death penalty has been at the state level. Where the death penalty has been abolished, it has been by states. Beginning in the Nineteenth Century, some states began outlawing capital punishment (DPIC, 2010). However, this was not a permanent change as the national security concerns in the early Twentieth Century led to a reinstatement of the death penalty in some states…… [Read More]

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Death Penalty Cannot Be Equalled

[James fieser] We also have to assess the 'proportionality of happiness' factor in determining if capital punishment is justifiable in a particular case. That is to say that if the execution of a prisoner will save the lives of many people capital punishment can be approved in such cases. Let us for instance take the example of a captured terrorist or a suicide bomber. In this case it is fairly obvious that the destructive potential of these people would be greater and consequently their execution entails greater safety, protection and happiness for the society. Under these circumstances capital punishment stands clearly justified. Finally, the cost factor is also used by abolitionists in supporting their argument. While the legal cost of executions maybe high they are insignificant when compared with delivering justice.

The deontological theory on the other hand is concerned only with the rightfulness of an act irrespective of its consequences. So the deterrent value of the capital punishment is not taken into account. Kant, the chief proponent of the deontology theory advocated punishment as a 'categorical imperative' and the 'principle of equality' [Allen Stairs]. In his article, Koch the former Mayor of New York, and a proponent of capital…… [Read More]

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Capital Punishment Does it Reduce Crime Capital

Capital Punishment: Does it Reduce Crime?

Capital Punishment is a social controversy that epitomizes the axiom "an eye for an eye."

In the United States there are 38 states that utilize the death penalty, and usually for select crimes, including treason, and mass murder. In 2002, 71 inmates were executed, which was 5 more than 2001, and of these 71 inmates, 53 were Caucasian, and 69 were male (Capital Punishment Statistics, 2003).

Capital Punishment has been in effect since the 1970s, despite cases and controversy that it goes against a person's 8th Amendment rights. Nevertheless, there has been changes in Capital Punishment laws and "in 2002 the Court barred the execution of mentally retarded offenders, overturning its 1989 ruling on the matter. In the same year the Court ruled that the death penalty must be imposed through a finding of a jury and not a judge" (Columbia, 2003). In 2002, lethal injection accounted for 71 executions (CP Statistics, 2003) while 1 was carried out by electrocution. Statistics in Capital Punishment have shown though that the numbers for 2002 have decreased for a second year in a row, and all inmates on Death Row had committed murder.

Capital Punishment is the…… [Read More]

Capital Punishment the Use of

It is important to note that though the victim's family also does suffer, the accused could be somebody's mother, father, spouse or even best friend. In such a case, it becomes hard for many to come to terms with death as a form of punishment for a loved one. Thus though capital punishment may be viewed as a symbol of justice by the victim's family as well as friends, it surely does cause pain to the wrongdoer's family and friends who may have had nothing to do with the offense committed.

In recognition of opposing views, it is important to note that over time, those in support of capital punishment have often cited cost considerations. Here, they argue that through the long-term imprisonment of criminals, who would have otherwise been on death row, the government wastes funds which should ideally be used for other more worthy needs including but not limited to health care and education. Indeed, according to Souryal (2010), one such argument brands capital punishment a cost effective way of offender management. What this argument fails to appreciate is the fact that the bulk of costs relating to long-term imprisonment are as a result of lengthy and numerous…… [Read More]

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Death Penalty Is the One

Our prejudiced minds and clouded vision make us believe that all black men are criminals resulting in a twisted criminal justice system. Thomas Sancton (1991) reveals, "...blacks and Hispanics are proportionally far more likely to be sent to death chambers than whites; that poor defendants are condemned more often than rich ones; that the existence of the death penalty, despite widespread beliefs to the contrary, in fact has no deterrent value. The execution in some states of minors and retarded inmates is profoundly shocking to many people in the U.S. And abroad, as is the multiplicity of judicial errors that have sent innocent people to execution chambers or long terms on death row."

Regardless of what people have to say about death penalty, researches and unbiased studies have shown that this form of punishment doesn't serve any good purpose. It exists because society refuses to operate with compassion but revels in intense hatred of criminals. Posner (2002) shed further light on this, "The support for capital punishment is based primarily on retributive motives, or more bluntly on notions of vengeance, or simply on hatred of criminals and crime, and on the discrediting of "progressive," therapeutic approaches to crime that are…… [Read More]

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Death Penalty and Mental Illness

Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who has committed a capital crime, and that the reason that mentally ill defendants should not be executed is because they lack competence, then it does not seem unethical to allow them to be forcibly medicated in order to be competent. After all, in that scenario, avoiding medication could be likened to any other attempt to avoid punishment. Moreover, an organic physical disorder that arose after conviction, but that would have prevented a defendant from committing a crime, would not be sufficient reason not to execute a person on death row.

However, forced medication, especially for court appearances, may violate a defendant's Fifth Amendment right to present a defense. After all, if a defendant's defense is based on insanity, or he intends to rely upon a mental illness as one of his mitigating factors, then forcing him to present himself in a medicated state before the factfinder deprives him of a meaningful element of his defense.

In addition,…… [Read More]

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Death Penalty Dudley Sharp Claims

Racism is also a problem in the penal system. Furthermore, even if only one innocent person were sentenced to death it would be too many.

1. Perez's observations are most likely correct. Although whistleblowers perform an admirable and courageous act of public service, their efforts are thwarted by legal, political, and social obstacles. I fully agree with the author's observations but still believe whitleblowers are admirable. Whistleblowers should be encouraged to come forward because they ensure a more ethical society. Discouraging whistleblowing allows white collar crime to flourish.

2. Rob Perez claims that whistleblowers suffer consequences including social isolation that may outweigh the impact of their courageous deeds. Colleagues and coworkers cut off the whistleblower. A whistleblower is brought into the public eye, making it difficult for that individual to operate socially or in a business environment. A whistleblower might lose all his or her business accounts and contacts because they are viewed as being untrustworthy.

Citing evidence from whistleblowers whose testimony resulted in convictions, Perez notes that many regret their decision to come forward due to the personal problems they face. Even whistleblower defense groups discourage coming forward because of the personal and financial consequences. Families have been torn…… [Read More]

Death Penalty Is the Use of Death

Death penalty is the use of death as a punishment for the crimes committed by an individual. In most cases, death penalty is administered by lethal drugs or by electrocution. There has been a lot of debate on the moral and ethical aspect of issuing death penalty to criminals and many human rights groups are advocating the use of long-term imprisonment without parole (LWOP) as an alternative to death penalty. But, are they really justified in opposing the death penalty? In many cases, this justification is not valid as it leads to more crime and higher taxes for the society.

Death penalty has been present in the United States from colonial times. The first ever recorded execution was in Jamestown in 1608 and since then, it has been used as an effective tool of punishment (Supreme Court Debates, Dec 2004). With such a long history, it is no surprise that we continue to use this form of punishment as a way to correct the crimes that take place in our society. When a murderer is executed, it instills fear in the minds of other criminals and this prevents them from murdering innocent people. Moreover, the criminals who have committed such…… [Read More]

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Death Penalty and Race Arguments

Statistics show that black murderers are far more likely than white murderers to get the death penalty, especially if the victim was white. Blacks make up 12% of the population but 40% of the population on death row, as noted. Georgia can serve as a case in point. Statistics show that a black man accused of killing a white person in Georgia is substantially more likely to receive the death penalty than a white person convicted of killing either a white or a black, and forty-six percent of the inmates on Georgia's death row are black, with most on death row for killing a white person. The situation is much the same in the 35 other states that have capital punishment. In Maryland, blacks make up nearly 90% of the prisoners on death row; in Illinois, 63%; and in Pennsylvania, 60%. The disparity nationwide is even greater when the race of the murder victim is taken into account: although half of all murder victims in the U.S. are black, 84% of the inmates on death row are there for killing a white person. In the last 47 years, only one white person has been executed for the killing of a…… [Read More]

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Death Penalty Support of the

The Death Penalty should not be considered as something that people desire, but as a form of punishment whose purpose is to deter crimes from being committed. Those who support this form of punishment believe that this is the only way that society can make sure that people who consider committing serious crimes can be stopped. There is a strong sentiment that those who commit the kind of crimes that would warrant the death penalty should not be put into prison for life. It is believed that this still presents these people with the opportunity to offend again.

References

Anderson, David. (2008). Arguments for the Death Penalty. Retrieved May 25, 2010, from Web

site: http://sites.google.com/site/yesdeathpenalty/home2

Death Penalty Arguments: Deterrent or Revenge. (2001). Retrieved May 24, 2010, from Web

site: http://www.prodeathpenalty.com/ornellaspaper.htm

Hinton, Patrick. (2009). The Pros and Cons of the Death Penalty. Retrieved May 25, 2010, from Suite 101 Web site:

http://americanaffairs.suite101.com/article.cfm/the_pros_and_cons_of_the_death_penalty

In Support of the Death Penalty. (n.d.). Retrieved May 25, 2010, from Web site:

http://deathpenaltycurriculum.org/teacher/c/about/arguments/argument2a.htm

The Death Penalty Prevents Murders. (n.d.). Retrieved May 24, 2010, from Web site:

http://deathpenaltycurriculum.org/teacher/c/about/arguments/argument1a.htm… [Read More]

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Death Penalty the United States

However, this difficulty can be avoided by examining van den Haag's distinction between justice and equality. The physical reality of administering justice can never match its theoretical guidelines. Justice is a necessary tool in the aim of producing a functional society. Accordingly, inequities that arise in its practice must be tolerated -- although fought against. State sanctioned killing, on the other hand, is not a logistic necessity for any society. Death is the most severe and permanent form of punishment American society has to offer. Mistakes and breeches of justice cannot be rectified. The most direct, simplest, and easiest way to eliminate the arbitrary factors in a form of punishment not essential to society is to remove that form of punishment. Justice is intrinsically unequal, so assigning it the responsibility of life and death decisions is unwarrantable. Stephen Nathanson writes,

To do away with punishment entirely would be to do away with the criminal law and the system of constraints which it supports. Hence, even though the system is not a just one, we believe that we must live with it and strive to make it as fair as possible. On the other hand, if we abolish capital punishment, there…… [Read More]

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Death Penalty Thirty-Eight States in

The victim is unable to make peace with himself, say goodbye to his family or have his constitutional rights seen too. When a murder is committed, I believe that the perpetrator does not forfeit his rights, but rather some of the respect and convention which is usually given to a dying person. After all, what respect and convention was awarded to his victim?

Many of the states which currently allow the death penalty have victim services via the department of Corrections. The services which they provide range all the way from family support and counseling to the provision for family members of the victim to watch the execution should they so desire. This ability is limited state to state, however. It should also be noted that several of the victims services programs have been severely curtailed due to budget cuts, while the needs of the prisoner in the time surrounding the execution can cost upwards of $100,000.

It is my opinion that Michiganders should think long and hard about reestablishing the death penalty in our state. It would seen that it may be effective in stemming what has truly been an alarming increase in the rate of violent crime we…… [Read More]

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Death Penalty and the Bible

Death Penalty II

The Death Penalty and the Bible

The Bible is an important and valuable book providing a wealth of information, and it should be used as a determination as to whether the death penalty should be chosen for certain, specific crimes, despite the often-cited issue of separation between church and state.

Biblical Crimes

Rape

Sodomy

Bestiality

Adultery

Murder

f. Other Crimes

The Death Penalty

Biblical Times

Ransom From the Death Penalty

The Separation of Church and State

The death penalty has been around since biblical times, during which it was commonly used for a number of offenses. It is important to point out, however, that these offenses were punishable by death, meaning that the death penalty could be used. That does not mean that it had to be used, and there was discretion available. Here, several common crimes will be looked at in the context of biblical death penalty issues, and will be considered in the context of today's death penalty. That will be done in order to determine whether the death penalty that is used today should be based on the Bible, or whether it is better off being judged in some other way. The ransom that…… [Read More]

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Death Penalty as a Deterrent

In contrast, other data, compiled by state and federal agencies within the last twenty years, failed "to demonstrate any deterrent value to the death penalty" and according to data from the Bureau of Justice Statistics, "when states with the death penalty (were) compared to those without the death penalty," it was shown that "a majority of death penalty states have homicide rates higher than non-death penalty states" (Espejo 58).

The death penalty has also come under other criticism, especially in relation to executing innocent persons on death row in America's prison system. Of course, with the advent of DNA testing, many death-row inmates have been exonerated after tests revealed that they could not have been involved in their alleged crimes. Yet some death penalty advocates still believe that the possibility of executing innocent people does not justify the abolition of the death penalty. As Stephen Markman puts it, "the death penalty serves to protect a vastly greater number of innocent lives than are likely to be lost through its erroneous application" (Pojman 216). Amazingly, a 1995 Gallup poll revealed that 57% of Americans would still favor the death penalty even if one out of one hundred of those executed were…… [Read More]

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Death Penalty the Debate Surrounding Capital Punishment

Death Penalty

The debate surrounding capital punishment is not as clear as one might think -- in fact, there is a great deal of gray within this debate. The actual definition is State controlled taking of a human life in response to some crime committed by a person who was legally convicted of that crime (Lacayo, 2009). Capital punishment has been part of human history, and currently 58 global nations actively practice it, 95 have abolished it, and the remained have not used it in over a decade (Amnesty International, 2010). Some scholars tout the view that capital punishment produces an extremely strong deterrent effect to crime that actually saves lives, is supported by the majority of Americans, and that each execution actually results in a statistically viable reduction in murders (Muhlhausen, 2007). As of 2010, however, Amnesty International categorizes most countries as abolitionist regarding the death penalty (Figures on the Death Penalty, 2010). Even the United Nations has adopted non-binding revolutions calling for a global moratorium on capital punishment, even though 60% of the world's population lives in countries that still have the law on the books (General Assembly Committee, 2007).

Historically, capital punishment has been practiced by most…… [Read More]

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Capital Punishment the Pros and

life imprisonment, we must follow common sense and assume that if one punishment is more fearful than another, it will deter some potential criminals not deterred by the less fearful punishment" (p. 282). In an effort to deconstruct the tenability of van den Haag's assertions, Reiman takes the deterrent analogy to an extreme and suggests that the death penalty is insufficient and that death by torture would serve as an even more effective deterrent.

While some observers might suggest that this is precisely what is happening to internees at Guantanamo Bay detention camp, Reiman's extreme position concerning capital punishment does serve to highlight the moral and legal ambiguities involved in assessing the value of the death penalty for a modern society. Notwithstanding these moral and legal ambiguities, though, in the case of capital crimes, there is far too much at stake to allow such heinous acts to go unpunished, and van den Haag's "best bet argument" maintains that it is better for society to err on the side of safety by using the death penalty rather than taking a chance on alternative punishments. This pragmatic perspective is reinforced by the fact that having been convicted of a capital offense, death…… [Read More]

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Death Sentence Capital Punishment and

The death penalty is therefore morally and ethically necessary not only for an ordered society but as a necessary means to protect the innocent from evil.

Secondly, from a Catholic point-of-view this stance is supported by centuries of Church doctrine and by references to Biblical test, as discussed above. This also refers to the view that many modern Catholics take; which in turn refers to the contemporary emphasis on the right to life as a sign of the decline of religion and the growth of secularization. This reflects the view that the growing opposition to the death penalty"… has gone hand in hand with a decline of faith in eternal life." ( Dulles)

4. Conclusion

The above discussion has outlined the two central arguments for and against the death penalty from a Catholic perspective. There is little doubt that this topic has also crested intense debate within the Church. This can be seen from the fact that a poll of views among Catholics indicates that members of the church are divided in this issue. It is also noteworthy that there has in recent years been a marked increase in the number of Catholics opposed to the death sentence. A poll…… [Read More]

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Death Penalty -- it Doesn't

165). On page 166 Bannister points out that outside of China, the numbers show a decrease in individuals being put to death through capital punishment. In 2006, the number of reported executions dropped to 1591 from 2148 in 2005; also, since 1996 more than 30 nations have "put an end to this cruel and inhuman practice" (Bannister, 170).

Conclusion

The Chief Editor of Criminal Law Review, Chen Xingliang, writes that there is a consensus among the scholars that contribute to his publication; and those scholars "…are in favor of strict limitations on the death penalty in order to eventually abolish it" (p. 41). However, Xingliang admits that the "public understanding of the death penalty is quite different fro that of these scholars" (p. 42). That is because the "public support for the death penalty is formed with an irrational understanding and thus should not be a justified factor considered for legislation," the editor says. He believes, and this paper agrees, that "Blind faith in the restrictive nature of the death penalty and human beings' natural incentive to retaliate against crime" are two of the most important forces driving the continuing use of capital punishment. Blind faith is irrational, and believing…… [Read More]

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Death Penalty a Political Science

Again, here we see that political disposition is a significant factor in shaping one's position on the subject. Those who support the death penalty tend to take a position of greater trust in the fairness and equality of the government, which is a disposition promoted itself by certain cultural, economic and racial characteristics. From this disposition, a counterargument frequently proposed against the notion of discontinuing the death penalty due to its apparent racial biases cites "a 1987 U.S. Supreme Court ruling that evidence specific to a defendant -- not statistics showing systemwide bias -- is necessary to challenge an individual's death sentence on a racial claim." (Melone, 1) This is to argue that an individual case evaluation, whereupon capital punishment is considered, should inherently protect against the permeation or ethnic, racial or geographical biases. Of course, in order to accept this argument, one must possess a certain degree of faith in the system itself as offering fair protections within the context of individual cases against prejudicial impulses.

However, most evidence suggests that the correlation between socioeconomic status and proclivity toward death penalty sentencing is far too high. Indeed, "most have contended that the death penalty is bad because it is…… [Read More]

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Capital Punishment the Argument Over

Therefore, even staunch proponents of capital punishment share the concern that it be (1) imposed only where extreme punishment is appropriate to the nature of the crime, and (2) applied in a manner that does not cause unnecessary pain or prolonged suffering. Assuming those elements are satisfied, capital punishment is warranted in certain situations.

The prospect of conviction in error is one of the strongest positions against capital punishment, precisely because the concept of valuing the preservation of the freedom of the innocent from wrongful conviction over the value of ensuring punishment for the guilty is fundamental to American justice. By extension, one could argue convincingly that protection against wrongful execution is even more important than wrongful criminal conviction in general. However, it is possible to establish more stringent standards of proof, judicial review, and myriad other conceivable procedural safeguards short of abolishing capital punishment altogether. Therefore, that approach would seem logically preferable.

Capital punishment is the only practical alternative to conviction for crimes so heinous that they require lifetime incarceration, as much to protect innocent members of society as to provide a means of punishment or retribution. In that sense, it is difficult to understand the suggestion that individuals…… [Read More]

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Capital Punishment Is Barbaric the

And such an event, unfortunately, is all too possible, as evidenced by a review done by Bedau and Radelet in 1987. The authors used a variety of published and unpublished sources to locate information on potential capital cases in the United States during the twentieth century. Of the cases identified, Bedau and Radelet found 350 persons who had been wrongfully convicted of potentially capital offenses between 1900 and 1985. Of these, 139 were sentenced to die (Haines, 1996, p. 87-88). Thus, it is evident that capital punishment can end up reflecting very poorly on a society that practices it, in more ways than one.

The other reason why capital punishment can be said to be socially unjust is because, all too often, it is imposed indiscriminately against the poor and underprivileged sections of society, who also lack the means of better representation. This fact has been addressed in a wide body of literature. Donna Lyons (2000), for instance, cites several instances where reputed bodies such as the American Bar Association and the Federal Justice Department have raised concerns over the increasing evidence of racial disparity in prosecution and sentencing.

Thus, whichever way one looks at the issue of capital punishment,…… [Read More]

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Capital Punishment the Issue of

What happens at this point is the issues are then prioritized, and the death penalty can potentially be considered less important than personal taxes, abortion, or whatever other issue the voter deems as important. This results in an extremely clouded concept of what the majority of the population actually supports in this country -- not just on the death penalty, but any issue. Ultimately this point of this argument, though not invalid in a humanistic point-of-view, is invalid because of its lack of solid, empirical ground to stand on. In fact, it is in danger of being ignored all together if we are to take a macrocosmic view of the country in terms of the constitution and the freedoms from religious policy that we enjoy. Of course if we take this point-of-view then we have to ask how we come to any decisions about our laws at all if not based on moral judgment. As can be seen by this, this point could go in circles for many more centuries.

The idea of retribution is equally as difficult to fairly analyze. Is an "eye for an eye" policy the best policy to exact the most powerful amount of retribution on…… [Read More]

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Death Penalty Capital Punishment Also Known as

Death Penalty

Capital punishment, also known as the Death Penalty, is a legal penalty enacted against a person who has been found guilty, via the judicial process, of committing a capital offense. This paper seeks to briefly introduce the history of the death penalty, and introduce current thought for and against the use of the death penalty in the United States.

The earliest record of an established death penalty law is found in the Code of King Hammurabi of 18th century BC Babylon, which allowed the death penalty for 25 crimes.[footnoteRef:1] One famous ancient examples of the death penalty can be found in the Trial of Socrates who was sentenced to death, by consumption of hemlock, in a Greek court. In the United Sates, the first recorded legal execution was carried out by British soldiers in 1776 against Nathan Hale, a revolutionary War Solider, who was hung for treason. Hanging was the ordinary means used to carry out death penalties in the United States until the invention of the Electric chair. In New York on August 6, 1890, Ax murdered, William Kemmler was the first person to be executed by electric chair. In the United States today, lethal ejection is…… [Read More]