Regardless of how heinous the murderer's crime is, the constitution stipulates that "cruel and unusual" punishment is illegal, and because the constitution is written with an assumption of equality, this suggests that the standard applies to everyone. Furthermore, Saunders and other pro-lethal injection lobbyists' opinion that lethal injection is not cruel due to the amount of anesthetic given are directly encountered by physical evidence, such as the burn marks eil notes were observed on the body of one executed man and the lack of execution training that eil argues is commonly practiced. In addition, proponents of legal injection may note that lethal injection is not unusual, in that 37 of the 50 states use this method (eil). But when viewed in globally, the United States, paired with the likes of China, Iran, Pakistan, Iraq, and Sudan, performed 91% of all executions (Amnesty International). Thus, among industrialized democracies, lethal injection, executions…… [Read More]
Like many other of the court's death penalty cases, oper was a close 5-4 decision of the nine justices (p. 58)."
It is interesting to note that this decision by the Supreme Court concerning the death penalty and individuals under the age of 18 would be consistent with the public opinion today that would find outrageous taking the life of a teenager. In this matter, the Court takes away the right of the state to decide the punishment, saying that the language of the Eighth Amendment as decided by the Court in the case cited above applies to young people who have erred in a horribly bad way, but should not be subjected to death.
It is the Supreme Court that is the final interpretation of the Constitution. To date, it holds that death by lethal injection is not contrary to the language of the Eighth Amendment, and that…… [Read More]
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,…… [Read More]
Life and Death: The Life Support Dilemma by Kenneth E. Schemmer M.D
Kenneth Schemmer in his thorough, thought provoking book brings to life the controversial subject of the life support issue. For years, many all over the country have pondered, "What if a person were in some kind of an accident and the physicians told them that they were not going to make it?" And all that he or she could do is just lie there in extreme pain waiting for their life to the end. Or even worse case scenario what if they happened to end up completely brain dead? These debated questions are taken on by Dr. Schemmer in making his point that life support decisions may not necessarily be the decision of the family, the doctor or the patient but by a higher being that gives life and takes life. Schemmer uses these controversial questions in his…… [Read More]
Transforming Scheduled Death Into Renewed Life
One of the harsh realities of living in an otherwise-free society is the fact that the United States incarcerates far more of its citizens than other leading industrialized nations, and it one of the few countries in the world that retains the death penalty on its books. hen capital offenders are executed, there exists the opportunity to turn this scheduled death into renewed through organ donations. At present, while an individual has the right to say whether their organs should be donated, death-row inmates are considered wards of the state and it is the position of this study that the state should have the corresponding right to harvest their organs as a means of execution in order to save and improve the quality of the lives of others. To determine whether the potential exists for such an approach, this study examines the relevant peer-reviewed…… [Read More]
A person should always have the opportunity to die with dignity and perhaps even "discover the meaning of one's life" as pointed out by Pythia Peay.
At the very least, those that hold contrasting opinions on euthanasia should be able to come to an agreement that medical treatment must never be superseded by moral treatment. Even though the science of medicine is often highly specialized, it must never go against the moral ideals of the terminally-ill patient. Undoubtedly, there are many risks associated with euthanasia, but in the end, it should be the patient who decides. But in cases where the patient cannot respond nor make decisions, a living will appears to be the best solution, for this document clearly states the wants and desires of the person in case their lives turn for the worse and if they end up connected to a machine in order to stay alive,…… [Read More]
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.
hen 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,…… [Read More]
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial court fashioned a remedy that required the Department of Corrections to prepare a written protocol requiring the participation of a board-certified anesthesiologist, at least 5 grams of thiopental, and certification that an inmate has achieved sufficient anesthesia before administering the next two chemicals. The court required that it certify the protocol and stayed all executions till it was approved. The State submitted a plan, which was not approved by the court. The State then appealed the trial court's decision.
Rule of Law: A State's lethal injection protocol did not violate the Eighth Amendment, because the protocol required a sufficient dose of thiopental to eliminates an inmate's risk…… [Read More]
It is the premeditated and cold-blooded killing of a human being by the state. This cruel, inhuman and degrading punishment is done in the name of justice. It violates the right to life as proclaimed in the Universal Declaration of Human ights. Amnesty International opposes the death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner. (Abolish the death penalty, 2008, p. 2).
Despite these increasingly vocal protestations from at home and abroad, a majority of the states in America continue to retain the death penalty as a lawful punishment for capital offenses today. While the trend toward abolishing capital punishment was apparent in recent years, it would seem reasonable to assert that the death penalty will continue to be practiced in the United States for the foreseeable future and…… [Read More]
Justice Kennedy, writing for the majority, warned about broader problems with the capital punishment. "When the law punishes by death, it risks its own sudden descent into brutality, transgressing the constitutional commitment to decency and restraint." He took into account the many dangers of the death penalty and concluded it should be restricted to homicides (Death Penalty Information Center, 2008).
The main question regarding the research for or against capital punishment as a deterrent is whether to continue the death penalty because the findings are inconsistent or to stop it for the same reason. esearchers adelet and Borg (2000), in fact, say that the findings impact how Americans perceive the death penalty. They showed how the conclusions of the research over the past several decades have influenced the debate pro-or con capital punishment. Their literature review in relationship to historical events "suggests changes in the nature of death penalty debates…… [Read More]
Ethical Evaluation of Dr. Pou
Ethical Evaluation of Mrs. Everett's Claims
Gert's two-step process Evaluation of Dr. Pou
Nursing Ethics in Emergency
Ethical Evaluation of Dr. Pou
From the contents of the article and the actions and the explanations given by Dr. Pou, it is clearly evident that the Kantian theory of ethics was followed by the doctor while she euthanized the seriously ill patients.
The Kantian theory of ethics was propounded by German philosopher Immanuel Kant which states that the will or intention behind an action is the sole judge of the morality of the action and morality is not influenced by the outcome or the results. The theory essentially emphasis the principles that are followed behind actions and influence the actions and not the end result of the actions. The universal principles that treat everyone equally is the motivating factor for acting according to this theory. Animal…… [Read More]
ethics prepared here, is based on two primary sources, (Callahan, 2012) and (achels, 2012). The article discusses the need to legalize and regulate voluntary active euthanasia in the United States (U.S.).
Can We eturn Death to Disease?
Callahan (2012) presents medical, moral and metaphysical perspectives to show the differences between active and passive euthanasia. He is of the notion that even though humans, through medicine, may be able to prevent death temporarily; there exist external factors that are beyond our control. Euthanasia refers to the act of painlessly putting to death individuals who are ailing from untreatable diseases or conditions. Some have referred to the act as a release from incurable, painful suffering. However, others argue that euthanasia initiated by a terminally ill patient as amounts to suicide. This is because it is the responsibility of physicians to treat and comfort their patients, not to use their medical expertise to…… [Read More]
Physician Assisted Suicide in Patients With Unbearable Suffering or the Terminally Ill
One of the most hotly debated issues today is physician-assisted suicide. ecently, California became the fifth state to legalize physician-assisted suicide, and there is an increasing likelihood that other states will follow suit in the foreseeable future. The purpose of this study is to determine if the factors chosen have any bearing on those who choose to end their life with physician assisted suicide. In support of this purpose, the objectives of this study were as follows: (a) to research scholarly articles regarding physician-assisted suicide and gather pertinent information into a comprehensive profile; (b) to research whether unbearable suffering is the dominant motive to request physician-assisted suicide; (c) to research whether the race and level of education of the patient are contributing factors when physician-assisted suicide is requested; and, (d) to research whether the type of terminal illness…… [Read More]
Paradoxically, states with harsher criminal statutes and higher conviction rates tend to maintain fewer inmate developmental programs because high-volume prisons tend to be run on a for-profit basis that discourages "unnecessary" spending. The most cynical suggestion is that decreasing recidivism is against the financial interests of private prisons and (although to a lesser extent,) those of government-run prisons as well (Schmalleger, 2008).
Other aspects of many types of contemporary criminal trends may also significantly undermine any strategy of deterrence through awareness of strict prosecution and sentencing. In that regard, law enforcement authorities across the nation have catalogued volumes of information about criminal subcultures in general and of the street gang mentality in particular (Pinizzotto, Davis, & Miller, 2007). Urban street gangs in particular have given rise to a culture of remorseless violence and disregard for the consequences of even the most violent crime that largely precludes any real deterrent value…… [Read More]
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,…… [Read More]
Death penalty has become a very controversial and high-visibility topic in the recent political and social activities. This is true both in the United States as well as around the world. There has already been a lot of shifts and changes over the years including the abandonment of hanging and firing squads. Even the electric chair has fallen mostly out of favor with the governments and law enforcement agencies of the world. However, even the remaining method commonly used in death penalty executions has started to get difficult, that being the use of lethal injection. hether it be fear of liability or concern about conscience, many of the drug companies that manufacture the drugs that are used in lethal injections are starting to rescind their cooperation with law enforcement and government. This is part of a wider movement around the world to abolish the death penalty due to it allegedly…… [Read More]
Anckar, arsten. "Why ountries hoose the Death Penalty." Brown Journal of World
Affairs 21.1 (2014): 7-25. Business Source Premier. Web. 28 Mar. 2016.
This source focuses on why countries choose to use the death penalty to punish certain crimes. The crimes punished for with the death penalty vary but the use of the death penalty is typically for one or more several common reasons. For the countries that do choose the death penalty, the reason is usually because it is seen as the "ultimate" form of punishment and is typically (but not always) reserved for crimes of a very obscene and/or violent nature. In the vast majority of cases, the taking of a life is required for those that get death sentences. For countries that do not choose the death penalty, it is typically avoided because it is seen as ineffectual, barbaric to engage in despite the nature…… [Read More]
This has sparked many debates in social and political arenas in regards to personhood, self-determination and human autonomy.
Any time a person wants to intentionally end his or her life, it is considered suicide. Suicide, in itself is now legal (Manning, 1998), but proponents of euthanasia argue that suicide may not be an option for the terminally ill, the hospitalized or physically disabled. These people may not have the strength or the means to end their lives alone, therefore, they cannot exercise the option of suicide and consequently are being discriminated against (Gifford, 1993).
I personally agree with those on the pro-euthanasia side of the camp, who believe that suicide is not an appropriate term for this issue because suicide is often associated with desperate emotion whereas euthanasia is based on a "cogent and deliberate form of relief from a painful and hopeless disease" (Adams, 1992). As opposed to suicide,…… [Read More]
Wrongful Executions Are Likely
There have been cases where people are convicted and sentenced to death although they were innocent and committed no crime. "In the United States not only do countless men and women get arrested for murders they did not commit -- they get convicted and often sentenced to death as well. Occasionally they are even executed" (obert M. Baird, et al., p.141). When such executions are likely and they do occur then death penalty should be abolished. Advocates of death penalty would surely not take the responsibility of any such faulty convictions.
IS the DEATH PENALTY JUST?
When the system is infected with diseases like discrimination then death penalty is definitely not just. Moreover with wrongful executions taking place the whole idea of death sentences should be abolished. There are many aspects to death sentences which should be taken into consideration before one can come to…… [Read More]
In oodson v. North Carolina, the Court held that an offense may not carry a mandatory capital punishment sentence, concluding that it violated both the Eighth and Fourteenth Amendments because it precluded consideration of factors such as the defendant's character and life experiences in coming to a punishment decision (Larson 2003). This decision was affirmed in Roberts v. Louisiana when the Court held that even where a state narrowly defines an offense for which capital punishment be given, a mandatory imposition of the death penalty is unconstitutional (Larson 2003).
In Zant v. Stephens, a petitioner again alleged that an aggravating circumstance listed in the Georgia capital sentencing statue was invalid, and although the Court rejected the claim, it addressed the constitutionality of aggravating circumstances (Larson 2003). The Court held that an aggravating circumstance must "genuinely narrow the class of persons eligible for the death penalty and must reasonably justify the…… [Read More]
"Criminology & Public Policy 7.1 (2008): 37-42. The research study conducted experiments which provided information on the most effective means of treatment within the criminal justice system in regards to its incarcerated. This study is an experimental study of intervention on the payments of court-ordered financial obligations. It is afinding within the research that court-ordered fines cannot be dealt with seriously. The study involves experiments on these interventions and their outcomes. The outcomes were then analyzed in terms of how much they are directly costing for the criminal justice system. This has to do with the increasing population of the incarcerated, and how to effectively keep them in line. It has been found that ways of keeping them incapacitated have been costing the government a lot of money, and there needs to be new ways in going about this. These studies made it possible for the criticisms to provide answers…… [Read More]
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history.
According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of…… [Read More]
Various objections to capital punishment hinge on religious beliefs. On the other hand, the American justice system does not recognize religious principles.
Capital punishment also raises numerous ethical issues pertaining to the likelihood of errors in its administration. Lethal injection, for example, causes excruciating pain and a slow death from prolonged suffocation instead of instantaneous death if it is performed incorrectly. If suffering of this nature were considered torture when inflicted purposely, what incidence of error would be enough to prohibit lethal injection altogether on ethical grounds? Finally, does the prospect of erroneous conviction or disproportionate application to the poor or to racial minorities undermine all the other ethical justifications for capital punishment?
osenstand, N. (2008). The Moral of the Story: An Introduction to Ethics. New York:…… [Read More]
California's Proposition 34 calls for the end of the death penalty and replaces death sentences with a sentence of life without parole. The proposition would: (1) repeal the death penalty and replace it with life imprisonment without the possibility of parole; (2) retroactively remove all current death penalty sentences and replace them with life without parole; (3) require all people convicted of murder to work while in prison and apply their wages to victim restitution and/or fines; and (4) create a $100,000,000 for law enforcement agencies specifically to solve murder and rape cases (Ballotpedia). Currently, there are 725 people on death row in California, though current challenges to California's lethal injection procedure means that none of them are currently facing execution. In fact, in 2006, a federal court judge halted all executions in California due to concerns over administration of the penalty in the state (Ballotpedia).
The death…… [Read More]
Active and Passive Euthanasia, by James achels. Specifically, it will explain his arguments that active euthanasia is morally permissible, and the extent to which his arguments illustrate Kantian and utilitarian considerations.
ACTIVE AND PASSIVE EUTHANASIA
achels is an advocate of physician-assisted suicide, or euthanasia, and he wants to convince the American Medical Association (AMA) to change their definition of euthanasia, allowing doctors to allow terminally ill patients with no hope of recovery to be euthanized. His arguments for euthanasia are effective and compelling, and though directed at physicians, they are of interest to anyone thinking about euthanasia for themselves or a loved one. achels discusses the differences between "killing and letting die" (achels 561), and discusses specific cases where allowing the patient to simply die without further treatment could actually prolong their life and their suffering. "Part of my point is that the process of the 'allowed to die' can…… [Read More]
An Ethical Analysis & Position Statement
Against the Practice of Capital Punishment
An Historical Overview
Issues and elevant Facts
Application of Ethical Theories
Support for Capital Punishment
Arguments Against Capital Punishment
An Historical Overview
The practice of capital punishment is often known by other names such as the death penalty or an execution, but the basic concept is that someone convicted of a crime that is worthy of their life (capital crime) is put to death after their conviction by some form an authority figure taking the life of the convicted. There are many different methods that have been employed to take a convicted person's life and history and it is striking to read about the creativity in which brutal forms of executions have been designed over the millennia. Even the Old Testament is riddled with a plethora of different crimes that are considered…… [Read More]
Both doctors feel physician-assisted suicide is a compassionate alternative to living the remainder of life filled with pain and suffering. Many others agree, and there are even published documents instructing loved ones and physicians how to go about assisting in a death with dignity suicide. In fact, many physicians feel that physician-assisted suicide could help keep health care costs in check as the baby-boomer generation ages. Unfortunately, statistics are lacking in the area of terminally ill patients and how many would end their lives if given the choice. Statistics do show, however, that many physicians receive requests for medications that will hasten death, or requests for lethal injections, and that a small number to comply in some cases.
Many physicians oppose the practice because they feel it goes against the oath they took to always save lives, while some do sympathize with terminally ill patients. here are also similar considerations…… [Read More]
Euthanasia Should e Illegal
Euthanasia is the act of putting to death painlessly or allowing death, as by withholding extreme medical measures, a person or animal suffering from an incurable, often painful, disease or condition (Euthanasia, Infoplease.com). Today, medical advances have made it possible to prolong life in patients with no hope of recovery, and the term negative euthanasia has arisen to classify the practice of withholding or withdrawing extraordinary means (e.g., intravenous feeding, respirators, and artificial kidney machines) to preserve life. Positive euthanasia, on the other hand, has come to refer to actions that actively cause death such as administering a lethal drug.
Much debate has arisen in the United States among physicians, religious leaders, lawyers, and the general public over euthanasia (Euthanasia, Infoplease.com). Pro-euthanasia societies were founded in 1935 in England and 1938 in the United States. The Hemlock Society is one group that has pressed for right-to-die…… [Read More]
Euthanasia: "Should physicians be allowed to assist in patient suicide?" (No)
Euthanasia is, quite literally, a "life and death" issue. It is no surprise, therefore, that it evokes heated debate among doctors, lawyers, philosophers, academicians as well as the general public all over the world. Although, recent developments in modern medicine have given it a new dimension, euthanasia is by no means an exclusively modern-day concern. Even the ancient Greeks had pondered over the issue centuries ago, albeit without reaching a definite conclusion about its merits or otherwise. In more recent times, euthanasia has been the subject of discussion in various forums including the Supreme Court of the United States with similar inconclusive results. Despite considerable debate and weighty arguments by either side, several key euthanasia questions remain unresolved such as "Should physicians be allowed to assist in patient suicide?" which is the subject of this paper. In the following…… [Read More]
56). This refers the fact that the AMA "…allows the withdrawal of what it calls extraordinary means of preserving life" (Sullivan, 1977, p. 56). Ordinary means refers to " & #8230;All medicines, treatments and operations which would offer a reasonable hope of benefit for the patient ands which can be obtained and used without excessive expense, pain and other inconveniences" (Sullivan, 1977, p. 57). Extraordinary means refers to "… all those medicines, treatments, and operations which cannot be obtained without excessive expense, pain, or other inconveniences, or which, if used, would not coffer a reasonable hope of benefit" (Sullivan, 1977, p. 57).
The implied intention is therefore to do as much as possible ensure the continuation of life without promoting suffering in the face of a hopeless situation.
If we take this point into account then the intention of the AMA document becomes clear and the views that achels suggest…… [Read More]
Moreover, it is not necessarily even clear that capital punishment through humane means is worse than life imprisonment without the possibility of parole. The many prisoners who choose not to appeal their capital sentences and (especially) those who purposely commit capital offences while incarcerated for the express purpose of qualifying for capital punishment provide evidence that life imprisonment may be comparable in "harshness" to the death penalty.
With respect to the issue of mistaken prosecution, that represents a completely valid concern; to the extent capital punishment is justified in principle, it must be applied through procedures that preclude erroneous sentences. However, that is not a valid objection where evidence of guilt in uncontroverted. Likewise, both the general moral obligation and the U.S. Constitution require that execution of capital sentences not involve unnecessary or prolonged physical suffering. At law, that issue has long-been decided by the U.S. Supreme Court, which specifically…… [Read More]
Death penalty advocates rationalize capital punishment under the principle of an eye for an eye which is the belief that punishment should fit the crime. In particular, people who support capital punishment dispute that murderers should be put to death in retribution for their crimes and that such vengeance serves justice for murder victims and their survivors. Death penalty opponents stress the purity of life, quarrelling that killing is forever wrong whether by a person or by the state and that justice is best served by way of reconciliation (The Death Penalty: Specific Issues, 2010).
Opponents of the death penalty dispute that there is a hazard of putting to death innocent people, and cite real cases in which defendants were incorrectly convicted of, and occasionally put to death for, capital crimes. Death penalty opponents see current laws which limit the appeals process as equivalent to mounting the likelihood for putting…… [Read More]
Euthanasia (active and Passive)
A Moral Philosophy Paper
Euthanasia is the practice of ending a person's life for the sole purpose of relieving the person's body from excruciating pain and suffering due to an incurable disease. The term euthanasia is often referred as mercy killing or the 'good death' as derived from the Greek. Euthanasia can be classified into four categories. In active euthanasia, a person's life is terminated by a doctor through a lethal dose of medication. Passive euthanasia implies non-provision of life-sustaining treatment to a patient based on logical reasoning or in other words doing nothing to save a person's life by abstaining to give life saving measures like putting a person on artificial respirator. Simple way of distinguishing active and passive form of euthanasia is a mere difference between act and omission. The other forms include voluntary euthanasia in which a person's consent is obtained for either…… [Read More]
There are many situations and concerns in the world that require using ethical thought. There are many issues we read about an learn about when we have to ask ourselves what we believe in. hich side do we take on euthanasia or abortion or sexual morays? It is the responsibility of all people to explore these issues so that their opinions are education and well-informed. It is the lazy individual who formulates their opinions on innuendo and rumor. hat is ethical? hat is moral? hat is right? hat is good? It is everyone's responsibility to ask themselves these questions and formulate their own answers to these extremely important issues. Perhaps one of the most controversial topics for debate is over the ethical right of the death penalty. Some feel the penalty to too severe and inhumane. Others feel the penalty is just and not used often enough. How…… [Read More]
right to die. The writer uses analytical skills to dissect and argue several right to die cases that have been presented in court in America. The writer discusses the ethics of the practice as well as presents ideas about the future "right to die" arguments and cases. There were eight sources used to complete this paper.
Through the advances of medical science people are living longer than ever before. Those who are chronically ill are being helped in the quest to alleviate symptoms and those who might have become ill in the past are being cured. The medical science advances have also allowed those who would have died in the past from head injuries, car crashes, gun shots wounds and other accidents to live. All of the advances that have been made have worked in favor for millions of people who otherwise would have died. The advances are also providing…… [Read More]
Governor of Illinois, not long ago, declared a temporary moratorium on death penalty cases. He then commuted the sentences of all death row inmates in Illinois prisons. This was due to reports of egregious miscarriage of justice. Innocent people were unfairly sentenced. (Davey & Mills, 2003) While this was welcome news to some, it also provoked outrage among those who felt that the "blanket moratorium" was an injustice to the families of victims, especially since the perpetrators were sentenced because they were found guilty without a shadow of a doubt. Capital punishment is a difficult subject to discuss. Groups that support the death penalty and those that oppose it put forth arguments that are then refuted by those on the other side of the divide. Statistics, data and personal testimonies and eyewitness reports are used to support their respective causes. In the U.S., Crimes such as murder, treason and other…… [Read More]
Right to Die
For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the meanings of liberty and freedom of choice, the morality of taking one's own life, the ethics of people involved in such actions, and the laws related to this issue take center stage in the arguments.
Since civilization began, suicide has existed in one form or another, with varying degrees of acceptance, such as the ancient Greeks who held tribunals for elderly people who requested to die, and if approved, were given hemlock and during the first century B.C. actually held annual banquets where the elderly were allowed to attend and drink poison if they felt they had lived long enough.
Moreover, "traditional…… [Read More]
upport for this contention comes from the observation that male offenders too are comparatively lightly punished when domestic abuse is involved.
Other factors, however, indicate greater complexity. treib (1990), for instance, showed that confounding factors for deserving the death sentence include the offender's prior record for committing crimes; premeditation of the crime; and her potential for future violent crimes. Women are less likely to represent or possess these characteristics than men and, therefore, subsequently are figured less often on Death Row.
However, it is also very likely that simple sexism plays a part. This is particularly likely when it is seen that those tending more towards the death penalty - i.e. more conservative, Republican, white-male dominated groups -- are also less strongly against women receiving this penalty. In fact, these groups have sometimes even prominently militated against women receiving the death sentence, as was the case with Pat Robertson and…… [Read More]
That is a perfectly valid reason not to engage in the practice, at least in the case of any person who makes that decision because of his or her religious beliefs and values. However, the very same concept of religious freedom means that no person should ever have his or her rights defined against his or her will by the religious beliefs and values of other people. In this country, the First Amendment to the U.S. Constitution expressly prohibits the state from imposing religion on any individual; yet that is exactly the situation to the extent that legislators ever oppose euthanasia on "religious" grounds. Incidentally, the exact same principle applies to abortion to the degree that the issue involves religious beliefs about when human life "begins."
Supporting the right of the individual to choose euthanasia does not mean that there should be no safeguards to protect mentally unstable patients…… [Read More]
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…… [Read More]
However, even with the restriction of capital punishment to crimes involving murder, several issues still remain that contribute heavily to public opinion.
Specifically, the methods used for execution in several states are susceptible to errors capable of causing extreme and prolonged suffering too often. That is because lethal injection involves the administration of several different intravenous drugs in a precise order; mistakes in the sequence can cause the condemned person to suffocate slowly while paralyzed instead of dying nearly instantaneously after the heart is stopped, as intended (Kaveny, 2008).
Another basis for moral concern expressed by many people is that poverty and minority racial classification are both statistically linked to higher conviction rates and capital sentences than non-minority citizens with financial resources (Schmalleger, 2001). Furthermore, DNA-based forensic techniques are now being applied to evidence preserved after its use at criminal trial decades ago. In several highly publicized instances, convict have…… [Read More]
But as it currently stands, the practice is pervasively regarded by United States law as manslaughter, with its perpetrators subject to prosecution to the fullest extent thereof. This is why at present, the American court system "goes beyond attempting to have assisted suicide legalized. Instead, it seeks to have hastened death constitutionalized." (Marker, 6).
This speaks to one perspective on the capacity of this legislation to alleviate personal pain and suffering for those contained within Oregon's public healthcare system. The terms of the 1994 legislation are quite specific in their delineation of preconditions required for the administering of a lethal injection using a legally controlled substance. These include multiple levels of physician and witness approval concerning the patient's physical and emotional state as well as a mandatory waiting period during which the patient is enabled to reflect on the decision before reaching a final resolution. The helps to shape its…… [Read More]
They may know what they have done and freely confess to it, but a true understanding of what they have done is not really present.
It is somewhat like the difference between knowing that jumping off the roof and hitting the ground will hurt, and actually making the jump and understanding what it feels like to hit the ground that hard from 10 or 15 feet up. The concept of what it really means to take another human being's life is not there; nor is the concept of being executed by the state for the taking of that life.
Third, the person must have an IQ that is significantly below average. There are quite a few people out there who do not have an 'average' intelligence score, (around 100 to 110, as previously mentioned), but that does not make them mentally retarded to the point that their reasoning and abilities…… [Read More]
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…… [Read More]
Williams...consistently denied killing Owens.
March 11, 1979 --...three of Williams' friends -- all with criminal histories and motivation to lie, Williams says -- testify that he confessed to the killings. A ballistics expert links a shotgun shell at the motel to Williams' gun. Williams has also steadfastly maintained his innocence in the Yang killings.
1981 -- Williams is tried and convicted in Los Angeles Superior Court of all four murders, plus...sentenced to death. He arrives at San Quentin's death row on April 20.
1987 -- Williams is placed in solitary confinement for 6 1/2 years after committing a string of violent incidents behind bars, including assaults on guards and other inmates.
1988 -- the California Supreme Court affirms Williams' death sentence, and he files his first federal appeal to the U.S. District Court.
1996 -- Williams, with co-author Barbara Cottman Becnel, publishes the first of a series of anti-gang books…… [Read More]
Disguised in stolen civilian clothing, the escapees made their way to the prison gate where they pretended to install video monitors before raiding the guard tower and seizing numerous weapons. They then stole the maintenance truck and drove away.
The prisoner's first robbed a Radio Shack in Pearland by breaking through the outside wall, tying the safe to the truck, and pulling it out. Later they robbed Oshman's Sporting Store in Irving by holding up the store at gunpoint. When Aubrey Hawkins, a local police officer, arrived at the scene, he was almost immediately shot dead. Due to the wide-publicity that the escape received, Wayne Holder was able to recognize and report to authorities that the group of seven escapees were staying at his RV Park in Woodland Park, Colorado.
Almost immediately, three of the escapees were caught by the Colorado Springs SWAT Team. Shortly thereafter two more were found…… [Read More]
The agency therefore arbitrarily uses its discretion to refuse the respondents' request.
The case presents a number of difficulties in terms of reviewability. The agency does have the right to refuse the requested action to remove drugs as a result of misbranding, and relating to the fact that an approved drug is used for an unapproved purpose. The respondents' claims in this regard are not relevant to the right of the agency to used discretion in its refusal to take action. Because of the very vagueness relating to the jurisdiction of the FD, the agency does have the right to make a final decision in this regard, which it deems most beneficial for the judiciary parties involved.
s the respondents were mainly irrelevant in their arguments in appeal attempts, the agency has the right of discretion in its final decision to refuse.
Hall, Daniel E. (1994). dministrative Law: Bureaucracy…… [Read More]
After exploring both sides of the death penalty argument, it's important to remember that neither side supports executions based on racial or financial bias. And, all want to see the defendant having competent defense and receiving the correct verdict. These issues are related to the application of the death penalty rather than the death penalty itself and they can be fixed. The two real differences between those supporting and opposing the death penalty are whether it actually deters crime and whether it is appropriate punishment. There doesn't appear to be a clear answer regarding crime deterrence to put a stake in the ground for one side or the other. The remaining issue, cruel and unusual punishment is entirely subjective based on personal beliefs. Perhaps adequate alternatives to capital punishment such as life without parole would make the abolition of the death penalty more acceptable to some. However, there…… [Read More]
Bad Opinions Death Penalty
Justice or Death?
There has been a significant amount of debate surrounding the issue of the death penalty, particularly as it applies to the United States criminal justice system. Those in favor of utilizing this punitive measure as an ultimate deterrent and as a means of providing a sense of closure for family members and friends of both actual and potential victims may very well have possibly overlooked two very salient points about this issue. The first is related to the fiscal responsibilities that tax payers incur at the state and municipal level -- put simply, it costs a significant amount of money to execute a criminal (if he or she actually even is guilty). Furthermore, the savage act of killing someone for the fact that he or she may have killed someone else largely constitutes a violation of the "cruel and unusual clause" in the…… [Read More]
Crimes are classified as felonies or misdemeanors. Felony refers to serious crimes such as rape, murder, violent robbery, while misdemeanor refers to lesser crimes such as theft, fraud, or unlawful carrying of weapons.
2. eview the crimes of John Wayne Gacy. Classify his crimes and explain the classification. Examine each component of the classification modeling the examples used in the text. Use what you can find in published articles, interviews, and scholarly information on the web. Make sure to reference your sources.
John Wayne Casey was the notorious serial killer who was guilty of murdering at least thirty three young males between 1972 and 1978 in Chicago. His victims were males aged from twelve to their mid-twenties. His court trials began in 1980 after physical evidences pointed to his guilt and he had admitted to killing over thirty persons and burying them under his house. The prosecutors insisted that Gacy…… [Read More]
The term signature aspect is used to refer to unique behavior that is exhibited by the criminal that is peculiar to that particular criminal though may not be necessary in committing the crime. One of the most common signature aspects is the calling card, or tattooing of the dead bodies, use of excessive force, leaving notes behind and many more. These are not necessary in killing of victims but are a sign of claiming the crime (John E. Douglas, 2011).
The components of crime classification that I learnt about and are central in the crime classification are finding out the defining characteristics of the crimes and the crime scenes, this will be instrumental in telling the motive behind the crime and in the case of multiple motives, the most outstanding will guide the profiling. The other component is victimology which is the complete history of the victim which will help…… [Read More]
Hayes was pressurized into making a statement which placed him and Matthews at the scene of the crime. Hayes and Matthews were no where near the scene of the crime when it happened. Hayes had to make a forced statement where he claimed he drove Matthews to the store and only heard gunshots after Matthew entered the store. He did not bother to ask Matthews about the activity inside Hayes was also forced into making a false confession. The prosecutors relied on this false confession and the witnesses' confession to try Matthews.
The prosecutors used witness testimony to convict Matthews. They did not have any forensic or scientific evidence which could link Matthews to the murder. One of the witnesses alleged that he managed to catch a glimpse of Matthews in the rearview mirror at the scene of the crime. The district attorney believed that it was enough evidence to…… [Read More]
Specifically, Singleton's case was denied review by the U.S. Supreme Court in 2003, and he was executed in Arkansas on January 6, 2004. As noted in the lower court's dissent: "Treating the prisoner may provide short-term relief but ultimately result in his execution, whereas leaving him untreated will condemn him to a world such as Singleton's, filled with disturbing delusions and hallucinations." Simply put: The Court found it in the state of Arkansas' best interest for Singleton to be forcibly treated and executed rather than left untreated but alive."
The U.S. Supreme Court has been consistently clear since the decision in Gregg v. Georgia that the Constitution does not prohibit execution as long as procedural safeguards are established, but the Court's jurisprudence concerning the mentally ill as opposed to the mentally retarded has been less clear. In 2002, the Court ruled that it is unconstitutional to execute the mentally retarded…… [Read More]
org. "It is stacked again and again in the killers' favor and victims are an after-thought. It would be unlikely to ever lead to an execution in Massachusetts."
Chief among the group's gripes is that the bill does not specifically call for death in child or sex slayings but would put death on the table for inmates serving life who kill behind bars. Romney's bill provides the death penalty for killings involving terrorism, the murder of a law enforcement officer and slayings involving multiple victims or torture - all backed by irrefutable DNA evidence.
Paranzino also said a requirement for "no doubt" scientific proof conflicts with existing "reasonable doubt" standards. "This bill itself deserves to die of lethal injection," he said. "America is safer without this bill than we would be with it."
Romney aide Shawn Feddeman said the governor "focused on the worst of the worst murders (in drafting…… [Read More]
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…… [Read More]
Hanging, for example, can sometimes produce horrendous results: if the drop is too short, it results in slow and agonising strangulation; if it is too long, it may tear the head off. Electrocution too, at times, fails to kill instantly and the awful stench of burning flesh that follows the process is indicative of the excruciating pain suffered during the killing.
Another reason why capital punishment is wrong is because death is irreversable, human justice is fallible and criminal proceedings would always be prone to errors. There have been several cases of sentencing to death before evidence proving their innocence was uncovered. Since 1973 alone, 119 people in 25 USA states have been released from death row when evidence of their innocence came to light. ("Capital Punishment" ikipedia) Others, not so lucky, have been executed before evidence clearing them was discovered. James Adams, a Black American, who was executed in…… [Read More]
Capital Punishment be Eliminated?
Death penalty is cruel and unusual punishment and is a relic of the times when practices such as slavery, branding, torture and other harsh and arbitrary punishments were common place. As civilized societies developed and evolved they began to follow higher standards of justice and respect for human life. Unfortunately, capital punishment, which is the most cruel of state-sanctioned punishments (being irreversible) has survived in several countries. Although more than half the countries in the world have abolished the death penalty in law or practice, surprisingly, this cruel and inhumane form of punishment is still retained in the United States of America where 976 people have been executed since 1977 and around 3,500 men and women currently sit on the death row. ("Death Penalty," 2005) I strongly feel that taking the life of a person by the state is a gross violation of human rights and…… [Read More]
WHAT FUTUE HOLDS
With such an amplified legal awareness, our country is and will continue to project the emblem of conscious and the fairest legal security system offered to the people of America and the rest of the world. As for the pro-abortion groups, to say that the Unborn Victim Act is "analytically incoherent," or "a deceptive scheme" designed to erode the "right to choose" is a downright perverse idea. In fact, this appears to be an excuse of protecting the "right to choose" as a mere tool for expanding it far beyond lawful limitations. And it simply implies denial of the right to protect what the Supreme Court pronounces "the potentiality of life." Many people celebrate the announcement of this bill as a bold step towards fair play and justice and believe that it answers the prayers of a million Shewonas and Lacis whose families have suffered and struggled…… [Read More]
He argues that if society were to allow the terminally ill to commit suicide, then it would be a small step to allow other members of society -- like the handicapped -- to do so as well. This is not a completely trivial argument for two reasons: first, it is the point-of-view held by the majority of the Christian right -- a powerful political force in the Untied States; and second, if we accept his principle that life is intrinsically valuable, regardless of individual's rights over their own bodies, then we should be inclined to believe that active euthanasia is always wrong. Yet, Otremba is willing to concede that passive euthanasia may, sometimes, be permissible; this, however, only under the conditions of extreme suffering and impending death.
Fundamentally, it is a precarious moral position to contend that each and every human life demands society's active preservation. Otremba, and many others,…… [Read More]
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…… [Read More]