Against The Death Penalty

There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?

Forms of punishments within the United States’ system of criminal justice can range from a simple warning all the way up to the death penalty, depending on the nature and type of crime committed. The goal of punishment in the criminal justice system is deterrence and crime prevention, however when the punishment offers no major impact on crime, is extremely costly, exhibits racial bias, and has taken the life of innocent people, (socially and physically) the death penalty is not only viewed as punishment, but as revenge and as murder. Taking a look at the death penalty from a lawyer point of view we have Michael A. Mello, author of Dead Wrong: A Death Row Lawyer Speaks Out Against Capital Punishment. He tells his story of being a professional lawyer, who “worked within the legal system to prevent the state from executing some of its citizens.”

The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.

In most cases when a person commits a major crime they will get the same or close to the same sentence as someone that did the same thing but, in other cases the defendant will be judged by their skin color rather than the extent of their crime. That is why the death penalty violates the 14th amendment because when stuff like that happens and the defendant gets a death sentence there is no equal protection of the law. Lastly the death penalty

There is not sufficient evidence that midazolam causes severe pain. Further, the 8th amendment does not obligate the execution method be free of pain. Besides, those given capital punishment are “deprived of life”(Alito), so the meager pain they encounter is incomparable to the amount of pain he/she caused to the victim(s). In addition, there is not sufficient evidence that the use of midazolam causes induces a notable risk of severe pain that the death penalty should be outlawed. Judges agreeing with the majority opinion are John Roberts, Antonin Scalia, Anthony Kennedy, Samuel Alito, and Clarence

He claims “… ‘cost studies’…” essentially reveal most murders take a life without parole which costs the government inmate finances whereas the penalty gives the offender no room for an appeal. Capital punishment puts an end to a life that deserves ending due to the choices made of ending an innocent person. In my opinion, looking at both sides as to why and why not the death penalty should be instated or abolished, I agree that it should be a constitutional law reinforced in every state, with each state continuing to define capital punishment as it chooses. Although it violates some of the constitutions laws in different ways, it saves the government

Ayala chose not to seek the death penalty in the case regarding Markeeth Lloyd, due to her beliefs that the death penalty should not primarily be a deterrent to crime. Historically, it has been shown the death penalty has been imposed on the innocent way too often, exorbitant to taxpayers and lastly, it adversely affecting both families of murder victims and families of the accused. Additionally, it has been apparent that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences as well. In knowing Markeeth Lloyd killed two individuals, had a long criminal history and was a threat to society, I believe he had demonstrated to be tried for the death penalty. Although this case was highly publicized and nearly two percent of murderers actually get the death penalty, this does not mean leaving hardened criminals without stringent punishment, and I have to disagree with D.A. Ayala's decision.

Should Death Penalty be abolished? Over decades people have been arguing about whether the death penalty should be abolished or not if death is morally right or cruel and unusual penalty. Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for crime. Is it right to see people dying even though it’s under the act of government punishment?

Capital punishment has been in this nation long before it even became the United States. On 1608, in the British American colonies now known as the United States, the first ever recorded execution happen. Ron Fridell stated that Captain George Kendall was executed for the capital crime of treason in Jamestown colony of Virginia; Kendall would spy on the colonist for Spain. Today people are given the death penalty, a punishment given for the result of a murder. Before, early colonist was hanged for trading with Native-Americans or simply stealing chickens, people were executed for minor crimes as it would disturb the peace of another colonist (Fridell, 2004 page 12).

He will not be in my head. " That was a quote from a father who had lost his daughter from a serial killer. To conclude, society wants to feel safe. "I believe the death penalty should be used sparingly for heinous, forensically supported crimes. In these cases, I truly believe that our foremost responsibility is to ensure our own safety and that of our children and our communities," (-Anonymous).

In today’s day and age, a person does not get put to death for just any crime. A recurring argument against the death penalty is that sentencing a defendant to death violates the Eighth Amendment’s prohibition. The Eighth Amendment protects against cruel and unusual punishment. Mental illness is expressly recognized as a mitigating factor in most death penalty statutes. The Supreme Court came to the conclusion in the case of Ford vs. Wainwright that the use of cruel and unusual punishment under the Eighth Amendment to execute a person whose mental state renders understanding of capital punishment is impossible.

These conclusions are not supported by the available data. Justice Stevens has also argued that the risk of error in capital cases may be greater than in other cases because the facts are often so disturbing that the interest in making sure the crime does not go unpunished may overcome residual doubt concerning the identity of the offender. The same could be said of any criminal penalty, including life without parole; there is no proof that in this regard the death penalty is distinctive. He also states: I have relied on my own experience in reaching the conclusion that the imposition of the death penalty" is

Many have been discussing the choice and finalizing the decision on whether to abolish or keep the penalty around the country itself. The state of Connecticut should get rid of the death penalty. Lethal injections may go horribly wrong, innocents are wrongly accused, and it does not serve justice. Why do we kill people, who kill people, to show that killing is wrong? Death is a cruel and unusual punishment, and is a violative of the Eighth and Fourteenth amendments.

This rule proved to be highly immoral, because it basically led one achieving and performing their revenge on another. Sentencing an individual to death for a crime they had committed, whether it be murder, rape, or another heinous crime, is using Hammurabi’s code. Individuals on death row were put there because members of the court believed that they had committed a crime worthy of death. By sentencing them to death, the court is committing a murder as well, even if it is of a guilty individual. Murdering or sentencing one to death row is not just, even if the individual is guilty of treason.

Criminals that are apprehended are punished with jail time. Some go to state run jails, federal prison, boot camps, or maximum security prisons. I theory that criminal sanctions should scare criminals straight, and convinced them that they never want to commit a crime again because of jail time. You would think that the loss of freedom, privilege to vote, and ability to enjoy life would scare someone straight. Well it does not, Research has found that prisoner’s in max security prisons has a higher return rate, than prisoner’s in state ran jails.