The importance of this case is due to the Supreme Court’s landmark decision that held the Eighth Amendment’s Cruel and Unusual Punishments Clause. This does not permit a state to punish the crime of raping a child with the death penalty if the death of the victim was not intended. This resulted in death penalty only being used for crimes against the state, such as espionage or treason. On Kennedy’s appeal, the Supreme Court of Louisiana affirmed. Additionally, he petitioned for a certiorari. This was granted to him, and eventually the U.S. Supreme Court reversed and remanded.
Although she ended up spending months in jail, the arguments against her conviction on the legal terms of a change in jury member were not only heard out, but accepted, resulting in her freedom. (122). Although she faced unideal consequences under the law, as the jail time and fear of execution were certainly detrimental, they were far less severe than those that would have been expected. Compared to other women accused in other areas, Disborough’s legal consequences were notably light. She did, however, face more harsh consequences from her peers and fellow citizens. Regardless of legal acquittals, the public opinion is not easily changed, and so even after attaining freedom, Mercy Disborough found herself facing consequences from the people of Connecticut, including defamation by James Redfin (127). Such attacks, however, were conquerable through the law yet again and still paled in comparison to what could have befell Disborough in a less careful legal
Bryan Stevenson knew the perils of injustice and inequality just as well as his clients on death row. He grew up in a poor, racially segregated area in Delaware and his great-grandparents had been slaves. While he was a law student, he had interned working for clients on death row. He realized that some people were treated unfairly in the judicial system and created the Equal Justice Institute where he began to take on prisoners sentenced to death as clients since many death row prisoners had no legal representation of any kind. In Just Mercy, Bryan Stevenson focuses on some of these true stories of injustice, mainly the case of his client, Walter McMillian.
In The Farm: Angola, documentary filmmakers Jonathan Stack and Liz Garbus follow the lives of six prisoners in a maximum-security state penitentiary in Louisiana. Known as 'The Farm ' because it has fertile soil for crops and was once a former plantation where slaves worked its 18,000 acres-slaves from Angola, Africa. Of the six prisoners mentioned in the film, I felt the most compassion for Eugene ‘Bishop’ Tannehill, an elderly inmate who preaches eternal salvation as he awaits a parole that never comes. I also felt the least compassion for Vincent Simmons, accused of raping two women, but he says he didn 't commit the crimes. Later down the road, Wilbert Rideau lectured as the advocate for the reform of the criminal justice system and against the death penalty.
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case. The argument that four months would be
In In Cold Blood, the issue over the death penalty is prominent. Did Perry and Dick deserve to die? Should the severity of one’s crime determine one’s fate? Although Truman Capote writes the novel in a straightforward, “from a distance” way, he conveys, through his characters, theme, and plot development, that the death penalty is an issue that should be looked at from all sides and that the legal system itself is the real issue at hand, and that the death penalty is used as a means to suppress the distress and indignation of the citizens surrounding the case, instead of suppressing the victim himself.
“There is a strength, a power even, in understanding brokenness, because embracing our brokenness creates a need and desire for mercy, and perhaps a corresponding need to show mercy (Stevenson 109) .” This bold statement is one of many as Bryan Stevenson sets the tone for his renowned award winning novel Just Mercy. As a young lawyer from Georgia, built the foundation for his company, SPDC (Southern Prisoners Defense Committee) to help convicts that are on death row or in need a second chance. Bryan Stevenson, a young lawyer from Georgia who fought for justice on the behalf of inmates on death row, showed tremendous intelligence in becoming a successful lawyer, demanding for not backing down in moments of refusal, and was an overall advocate
In Bryan Stevenson’s Just Mercy, he writes to illustrate the injustices of the judicial system to its readers. To do so, Stevenson utilizes multiple writing styles that provide variety and helps keep the reader engaged in the topic. Such methods of his include the use of anecdotes from his personal experiences, statistics, and specific facts that apply to cases Stevenson had worked on as well as specific facts that pertain to particular states.
(2) A person sentenced to imprisonment to life for the crime of murder is to serve that sentence for the term of that person’s natural life.
Death Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty." In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal. The first objection is that the death penalty does not "provide a measure of moral desert" (Nathanson). For the second, Nathanson states "it does not provide an adequate criterion for determining appropriate levels of punishment." The main objection is an "eye for an eye", or Lex talionis, and I believe it fails to support equality retributivism and creates punishments that are morally unacceptable. There is no way that
The Eumenides confronts two contradictory perspectives: the Furies of the ancient order against Apollo of the young generation of Gods. Aeschylus introduces spiritual conflict within the human and universal realms. There is a lack of understanding of justice within the individual, producing an interrelational struggle amongst citizens, and resulting to the incomplete human identity in correspondence to their community. The justice system conquers upon an arbitrary verdict, providing little insight of the positions of good or evil. Aeschylus, through Athena, offers a compromise between two opposing radical ideas, balancing the neutrality of logic and sentiment within the individual, to strengthen unity of a society, and to stimulate the transcendance of humanity.
Georgie Milton did something not many people have the guts to do, he took the life of his best friend to save him from the torture that awaited him, but, he took the life of another man and he took this life with the intention of murder. Ladies and gentlemen of the jury, there is no difference between euthanasia and murder; and to this indictment, George Milton has pleaded not guilty. If I am to prove him otherwise, you must find him so.
8th juror appeals to their sense of pathos and pity by saying “this boy’s been kicked around all his life…He’s had a pretty terrible sixteen years. I think maybe we owe him a few words. That’s all.” While this has nothing to do with the case, he hopes to appeal to their humanity in order to get them to give him a chance in these deliberations. Many of the jurors use logos, logic and reasoning, to lay out the evidence in a rational and concrete manner to convince him. An example is when 4th Juror lays out all of the evidence of the knife to convince 8th Juror with seven, linear, factual points. The reader and audience is meant to connect a sense of ethos, reliability or competence, to 8th Juror, as he is the only one who doesn’t, at first, seem to be clouded by ignorance, racism, disinterest, or any other characteristic that might cloud
His combination of appeal and troupes proved to be effective when Leopold and Loeb were gifted life in prison rather than a rope. His plea became an avenue for the digression of capital punishment by creating a sense of shame and sadness in his audience, a result of his ethos and pathos. Darrow’s rhetoric directly saved the lives of two young men as well indirectly saved the lives of many more by creating a negative connotation towards the death
The death penalty is a precedent set centuries ago as a method of punishment for severe crimes. In 1923, the state of Texas declared that those sentenced to death were to suffer through the electric chair by the hands of the state, instead of being hanged by the hands of the counties (TX Executions). Later on, Texas would adopt the lethal injection method. Many see the death penalty as an inhumane violation of the basic rights defined in the Bill of Rights. On the other hand, others may argue that it is unpractical to abolish the death penalty due to the voidance of justice. These arguments can be supported and solidified by the cases of Andre Thomas and Anthony Graves.