The Death Penalty, the Ultimate Punishment
Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. The death penalty is an extremely controversial topic in the United States today; and has been for a number of years. The issue of whether the death penalty should be abolished or not has been widely debated for years and there are a lot of different views. It is an important issue since it concerns one of the most fundamental human rights, which is the right to live. “The Fifth Amendment to the Constitution recognizes the existence of capital punishment and outlines conditions for trying individuals accused of capital crimes. The amendment states that no person shall be deprived of life without due process of law” (Capital Punishment). This amendment means that before an execution, certain legal procedures such as formal arrest, charges, and a trial must be followed.
Capital punishment is one of the oldest forms of punishment documented in history. Capital punishment has been in effect since the 1600's. However, in 1972 the U.S. Supreme Court ruled that the death penalty was cruel and unusual punishment, which was unconstitutional according to the Eighth amendment. It was public opinion that the current methods of execution, hanging, electrocution, and facing a firing squad, were too slow and painful upon the person to be executed. The U.S. Supreme Court reversed this decision when a cleaner way to bring about death was found in 1976. This cleaner way is death by lethal injection, which is quick and painless if administered right.
Most commonly, the death penalty is challenged as a violation of the Eighth Amendment, which states, that the U.S. cannot use "cruel and unusual" punishment (John McAdams.) Due to the fact that "punishment" is a legal infliction of suffering, it must be somewhat "cruel.” As for being unusual, it is anything but, due to the long history of its usage. People will scavenge, take advantage of others, and commit crimes as long as it is in their best interest to do so. The purpose of our entire criminal justice system is to protect the rights of life, liberty, and property for all its citizens. To do this, the punishment for crime must be harsh enough to stop potential criminals. Crime is a large part of society, and everyone is aware that something must be done about it. Most people know the threat of crime to their lives, but the question lies in the methods and action in which it should be dealt with.
Many death penalty supporters feel that the death penalty reduces crime because it deters people from committing murder if they know that they will receive the death penalty if they are caught. Others in favor of the death penalty feel that even if it doesn't deter others from committing crimes, it will eliminate repeat offenders. Death penalty opponents however feel that the death penalty actually leads to an increase in crime because the death penalty desensitizes people to violence, and it sends the message that violence is a suitable way to resolve conflicts. Death penalty opponents also condemn the death penalty because of the possibility of an innocent person being put to death and because it can be unfairly applied. Author John McAdams states, “If even one innocent person is executed, opponents claim, that would make the death penalty morally unacceptable”.
Death Penalty opponents would argue that the death penalty is a violation of two fundamental human rights, as found in Articles 3 and 5 of Universal Declaration of Human Rights: “The right to life” and “The right not to be tortured or subject to any cruel, inhuman or degrading punishment”. Human rights are for everyone, always, with no exceptions. Furthermore, there is a risk that it can be inflicted on the innocent, and an execution is final and a life cannot be taken back. Opponents also believe there is racial and economic
Death Penalty By Susan Doe April 15, 2013 Is the Death Penalty Just and Applied Fairly? The death penalty, also known as capital punishment, is the punishment of execution, administered to someone convicted of a capital crime; it is the most severe form of corporal punishment. The death penalty in the United States has been an ongoing debate throughout history. Capital punishment has been banned in many countries, except in the United States; there are thirty-three states that currently…
What are the latest developments concerning the death penalty? In June 2008, the Supreme Court held that it was cruel and unusual punishment to use the death penalty against individuals convicted of raping a minor. In April 2008, the Supreme Court has held that lethal-injection procedures in Kentucky do not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The action opens the way for an end to a de facto national moratorium on lethal injection executions that has…
Is the Death Penalty Just and Applied Fairly? I. What is the death penalty? a. Capital Punishment b. Fifth Amendment II. History a. Babylonia B.C. b. First execution in the colonies c. First woman to be executed III. Pros a. Eye for an eye b. Closure c. Getting rid of evil d. Deter crime IV. Cons a. Discriminatory b. Risk of executing the innocent V. Statistics a. By year b. By state VI. Alternatives to the Death Penalty a. Life Sentence VII. Death Penalty here to stay…
07/29/2013 The Pros and Cons of the Death Penalty in America The ’Death Penalty’ is a problem of much concern; many countries favor the ‘Death Penalty’ and apply that, while many other object strongly to this punishment. My opinion is that the death penalty should be banned as a form of punishment. What is Capital punishment? Capital punishment is the death penalty. It is used today and was used in ancient times to punish a variety of offences. The death penalty has no place in a civilized society…
Capital punishment is a prudent issue that creates a spectacle among those for and against the death penalty. From those that have lost loved ones from homicides to those that have committed murder and are then “lawfully”, according to the judicial systems, put to death. Although those for and against the death penalty may agree that there is a lawful and unlawful treatment of people, there is discern on who has the right to make the decision on who lives and who dies. Does man have the right to…
Death Penalty Lots of crimes happen throughout society but murder is the most harmful, not only to the victim but also to the victim’s family. The death penalty will bring justice to the victim and their family. Uma Kukaths said, “Death penalty supporters claimed that not only is the state justified in permanently removing a murderer from society, it is obliged to do so to protect its law-abiding citizens from harm”. The victim’s family would be happy to know that the murderer is gone and justice…
the capital punishment. Capital punishment is a life or death situation. It is the execution of people who have been found guilty of certain offenses. Many people in today’s society believe that a death crime is so severe that they deserve a punishment equal to their crime. In some people’s mind they believe in killing the killer, but how does that show us that killing is morally okay? There are numerous proven reasons why the death penalty should be abolished. The best reasons are to not violate…
The topic about whether or not the death penalty should be abolished has been a very controversial one for years. Dating back to the first English colonies in the 1600’s, the death penalty, or capital punishment as it is formally referred to, is a part of American history that never began to be questioned until the American Revolution in 1776. To this day, many people have mixed opinions on the matter. Some people strongly believe that the death penalty should be instituted, while others strongly…
This is a dossier on the effectiveness and the racially implicated sanctions for the application of the Death Penalty. This paper is a general indictment of the entire criminal justice system, and the faults that exist within. This is not an attempt to sway your opinion, but instead to raise the awareness of those of us who hold the creed of this Great Nation dear and the potential that it holds. I think that in the terms of greatness there is a clause that as a people and a nation, we continue…
Death Penalty Life and death; the two things that all birthed beings are guaranteed. Two concepts that are understood to be normal and unavoidable. Our mortality, though deeply mysterious and uncontrollable, is something that we have come to accept on a basic level. We all know that to live, means to die. That once we are born into life, our fate has been inevitably sealed to a single future. That though the means and the details may vary according to the individual, we will all certainly die.…