Jalynn Jureczki
Individual Policy Report 2: Texas Castle Doctrine “Capital Punishment”
If you’re gonna do it, do it right!
Due: March 8, 2016
I. Introduction
According to Texas Law, there are nine different specifications an individual of the age of eighteen must do in order to receive Capital Punishment such as, murdering of a peace officer or firefighter, murder during a kidnapping or robbery, a correction officer by an inmate or a judge, in a result while being paid in committing murder, someone who is already sentenced for life or in jail in the act of murder, a child under ten years old, and a murder of more than one person (Background, 2016).
II. Rationale and Intent for Texas’ Policy
The purpose of the Texas Law “Capital Punishment”
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Some negatives outcomes in the “Capital Punishment” Law is the cost of putting one to death. Studies show that it cost $2.3 million for each death row case, which is about three times the amount to keep someone in jail with the highest security for forty years (Cost of the Death Penalty, 2016). The other negative in the “Capital Punishment” law is not guilty people sometimes get put to death such as, Cameron Todd Willingham was sentenced to death for the killing of his three daughters in a house fire, but later evidence proved that the house fire was accidental and he was found not guilty but it was too late as he had already been sentenced to death (Texas, …show more content…
I believe the positive outcomes outweigh the negatives because even though it is more cost efficient to give a life sentence to a criminal, you have the consequences of the criminal planning a way out of prison and put society in more harm than just sentencing the criminal to death and keeping the society at peace and safe. The other negative stated was some not guilty people were sentenced, while I believe it is not fair to them, but society is not perfect and will not be so keeping society at peace and safe is better than having someone on the lose if you are not sure if they may or may not be the criminal, therefore I am pro death
The issue involved in the U.S. Supreme Court case of Roper v. Simmons (2005) affects the Eighth and 14th Amendments to the United States Constitution (Roper v. Simmons, 2015). The visited factors included whether it is permissible under both Amendments to execute an individual for the commission of a capital offense committed while the offender was under the age of 18 (Roper v. Simmons, 2015). In Roper v. Simmons (2005), 17-year-old, Christopher Simmons, committed capital murder and after he turned 18, he was sentenced to death. Case Facts: At the young age of 17 years, Christopher Simmons planned and later committed a capital murder (Roper v. Simmons, 2015).
In this research paper, I will be talking about the moratorium of the death penalty, also known as, the capital punishment for criminals who have committed a serious crime. Following the discussion of Gregg v. Georgia Case, that happened in 1976, Furman v. Georgia, and how they each contributed to the moratorium of the death penalty. Later, comparing and contrasting about some aggravated assaults and mitigating assaults and how they differ from each other. Also about the direct causes of the moratorium of the death penalty. Then explain the indirect effects of the moratorium and the procedure of capital punishment and the policy of the death penalty.
So the court then deemed that capital punishment can’t be given to anyone under the age of 16 no matter what the crime is. Basically the Eighth Amendment was interpreted to have that no one under the age of 16 shall have the death sentence in the United States since it a cruel punishment to give to a minor. In addition, the next evidence brings up Penry v. Lynaugh. Johnny Paul Penry was a mentally disabled person who had the mental age of 7.
RUNNING HEAD: Executions pg. 1 Inmate Executions COR 120_191 Mia Lombardi Tiffin University RUNNING HEAD: Executions pg. 2 The question of the constitutionality of the sentencing of an inmate on Death Row in Texas is currently being reviewed by the Supreme Court and found in favor of defendant Duane Buck.
In the days leading up to the crime Christopher Simmons would pressure his peers, Charlie Benjamin and John Tessmer, into assisting him in committing a crime. He wanted to burglarize a home and commit murder by tying up the victim and throwing them off of a bridge.. He told them that they could get away with it because they were all under eighteen meaning that no matter what they did they couldn’t get the death sentence. Christopher Simmons came up with the idea to break into the home of Shirley Crook, and without telling the others about it also had planned to murder her as well. The trio met up at Brian Moomey’s house, a local convicted felon who allowed teens to hang out on his property.
Being on death row often prolongs the pain for the inmate. They spend their time in prison fearing the inevitable which for them is death. Today, we live in a society that is very divided on this issue. There are many in support of the death penalty, suggesting that it acts as a positive deterrent against future crime. There are also many
When adolescents' reduced culpability is remembered, it is apparent that neither of the two enological avocations for capital punishment - revenge and prevention of capital crimes by imminent guilty parties - gives satisfactory defense to forcing that punishment on adolescents. The Court disregards completely the limit request in figuring out if a specific discipline agrees to the Eighth Amendment: whether it is one of the 'modes or demonstrations of discipline that had been viewed as barbarous and unordinary at the time that the Bill of Rights was received.' As we have noted in earlier cases, the confirmation is strangely clear that the Eighth Amendment was not initially understand to forbid the death penalty for 16-and 17-year-old guilty parties. Drugs utilized as a part of deadly infusions could incapacitate prisoners to the point where they can't convey any pain they are feeling from the accompanying dosage of potassium chloride.
overview In 1854 the Texas legislature authorized a commission to codify the existing laws in Texas; and in 1856 the Texas Penal Code was established. Prior to 1856 Texas was governed mostly by common law; it was not until 1895 that the Texas Penal code was revised. In 1974 the Texas Penal code went through another revision, this time more extensive than the previous revisions, and mostly based on the American law institute penal code model. The main goal of the revision was too Clarify and consolidate the fundamental law of crimes, and to modernize and simplify the penal code for the rural, less populated areas of Texas, to reasonably grade offenses based on the severity of the crimes; as well as to ensure that the punishment for committing
An Ethical Critique of the Texas Death Row Appeals Process Rachel St. Pe’ CJ412-Criminal Justice Ethics Texas A&M University-Central Texas Abstract Although the methods of execution in Texas have evolved throughout time to more humane techniques, an increase in the cost of living of prisoners and the time between conviction and execution has resulted. By shortening the appeals the process, the overall funding and labor to house death row inmates will be decreased and a the possibility of an 8th Amendment violation by keeping prisoners on death row for years and years will be diminished. Introduction
Introduction Since its independence in 1836, Texas has had several constitutions all of which were formulated from time to time based on Texas political situation throughout its history (Maxwell et al., 2014). The Texas constitution is merely a document that provides a scope for good governance by separating and limiting the powers of each arm of the government. It does so by elaborating the function and structure of the Texan government. More importantly, the current constitution is the most notable one; first of all because it’s considered as one of the oldest constitutions in the U.S. Additionally, it’s also considered to be one of the longest documents as it has 17 articles (Coleman, 2018).
Why the prison system is flawed The american prison system is flawed and should be changed because it is very expensive to keep it running the way it is, the prison system is helping gangs grow and it can be fixed it is possible. I believe that it needs to change so that cities will have more tax money to fix other things and the people who don't deserve to get released won't be. The prison system is very expensive for taxpayers because they have to pay to employ the officers, they have to pay for the building, the tools, the food for them to eat, there clothing and bedding.
Private Prisons Many people in America have no idea that there are different types of prison systems. The two different types of prisons include state-ran and private. State-ran prisons are prisons owned and operated by the local, state, or federal government; however, private prisons are prisons in which individuals are incarcerated by a third-party organization that is under contract with a government agency. Private prisons are funded by the government and have the unique ability to do whatever they want.
The First State Prison San Quentin Imagine a time where there weren’t prisons. A time when criminals were not incarcerated and just roamed freely. Well when California became a state in 1850 numerous people were rushing to the newly found state seeking the new opportunities and the gold rush. Well with that along came the criminals. They required a place to incarcerate criminals and that was first met on prisons ships.
The death penalty is a controversial issue that has been debated in the United States for a long period of time. In our own state of Texas, executing convicted criminals has become second nature. This is due to the fact that Texas has executed more people than any other state in the United States since 1976. So why does Texas lead the United States in executions? There are many reasons and factors that has led to this point.
The Death Penalty, loss of life due to previous crimes and actions, is believed by some to be extremely costly, inhumane, and cruel unlike some others whom believe it is just, right, and provides closure. The Death Penalty is not a quick and easy process. Most who get sentenced to deaths row wait years for their ultimate punishment of death. Some believe that it is not right to punish and kill a human for actions they have done because, they believe that the inmate should have another chance. Then others believe that it is right to punish someone for their actions especially if their actions involve killing another or multiple humans.