On any given day, someone might read in the newspaper or hear about a person committing a crime. Say that person committed murder. They then receive the death penalty. Is this justice? What if they raped someone and recieved the death penalty? Does the punishment fit the crime? Capital punishment is quite controversial. Many argue against it saying this form of punishment is unconstitutional. However, those convicted are given a reasonable punishment and opportunities to have their cases reassessed if need be. The death penalty provides criminals with a reasonable punishment, given their case, without exceeding constitutional provisions. Capital punishment provides reasonable punishment given the crime. According to state laws, the death …show more content…
Specifically, it is argued that this punishment violates the Eighth amendment under cruel and unusual punishment. Over time concerns arose about how some states handled the death penalty, however a number of states addressed this and The Supreme Court approved their revisions (“Introduction to Death Penalty” 1). In approving revised laws and procedures, The Supreme Court Stated, “the death penalty itself was constitutional under the Eighth Amendment” (“Introduction to Death Penalty” 1). Many crimes are not punishable by the death penalty simply because the victim may not have died. In order for one to receive the death penalty, the victim must have died. “the death penalty may not be given for the crime of rape when the victim does not die, reasoning that to do so would constitute a disproportionate punishment in violation of the Eighth Amendment” (“Introduction to Death Penalty” 2). This ensures that those on death row have been punished fittingly based on the crime committed. It would be wrong to put one to death if their crime was not extreme enough to where they cost someone else their life. However, there are exceptions to this. Some crimes such as piracy, hijacking and treason are given the death penalty under the law (Evans, “Death Penalty Laws” 1). These crimes must still be to a large enough extent to where the death penalty …show more content…
However, this type of punishment just allows criminals to kill again. According to studies done in recent years, if each killer was to receive the death penalty it would save between 3 and 18 lives per convict (Evans, “Capital Punishment” 1). Life without parole is just providing more and more opportunities for murder. Along with this, life imprisonment has an effect on the prisoners.”Once entering the penitentiary the individual feels in a greater or smaller measure, depending on the age, on his psychological structure, social maturity and level of culture, the effect of liberty deprivation and react in a personal manner to this situation”( Rus 2). A “range of psychical and psycho-social turmoil”, which may start off silent and grow into aggression ( Rus 2). According to a study done on prisoners from the Poarta Alba Maximum Security Prison, “Offenders manifest an accentuated egotism, vanity, lack of adjusting, intellectual immaturity meaning that they have a [reduced] capacity to establish a rational relation between losses and gains in designing and conducting a criminal act” (Rus 8).Given that prisoners may eventually become aggressive, this leads to more issues and more potential victims. The point of punishment is justice as well as preserving the safety of the majority. Life without parole may seem like justice however, this may be the cause of continual offenses. The death
He tried to flee, and while doing so tripped and fell. The gun that he carried went off and killed a resident of the home. He was eventually convicted of murder and sentenced to death. The question in this case is, “Is the imposition and carrying out of the death penalty in this case cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” Reasons for Majority
Being in jail is better than a death sentence in many ways; they get good meals, they have clothes or someone could escape. They have everything that any normal person would have besides independence and sometimes connections to the outside world. The inmates
For the victim's families, it may not feel good enough to just be living a life in prison or in some cases even being let back into society. And the death sentence
“The Court has consistently ruled that capital punishment itself is not a violation of the Eighth Amendment, but that some applications of the death penalty are "cruel and unusual." (Cruel & Unusual Punishment) The execution of the death sentence is subject to mistakes and flaws that may lead to the punishment being applied unfairly and in violation of the Eighth Amendment. The death penalty is an extreme and irreversible punishment placed on criminals in the United States legal system. The error and bias found within sentencing capital punishment cause it to be an unjustifiable and unethical practice that should be abolished and replaced with more life sentences without the possibility of
Capital punishment, or the death penalty, is a legal process in which a person is put to death as a punishment for a crime by the government of a nation. The United States is in the minority group of nations that uses the death penalty. There are thirty-three states that allow capital punishment and seventeen states that abolished it (Death Penalty Information Center). The morality of the death penalty has been debated for many years. Some people want capital punishment to be abolished due to how it can cost a lot more than life imprisonment without parole, how they think it is immoral to kill, and how innocent people can be put to death.
The Death Penalty Protects our Society The death penalty is a punishment of execution, administered to someone legally convicted of a capital crime. William Tucker, a journalist and author of Vigilante, states that “after the death penalty was abolished, murder rates nearly tripled, rising to an all-time high in the 1980s.” Abolishing the death penalty will cause more murders in our community, and overpopulate our prisons. Many people that oppose the death penalty believe that it kills innocent people, but in reality, most innocent people are released before their sentence.
Bryan Stevenson writes in Just Mercy, “The state [Alabama] had nearly a hundred people on death row as well as the fastest-growing condemned population in the country, but also had no public defender system, which meant that large numbers of death row prisoners had no legal representation of any kind (21).” That’s why the death row needs to be more considered and decreased because of the humanity. First, let discuss about some advantages and disadvantages of the death penalty. Death penalty helps prevent crimes as an example.
The death penalty also known as “Capital punishment” has been around for decades and has been used throughout the years against people who have been convicted of committing horrendous crimes such as first-degree murder. Almost all countries in the world have the death penalty or have had it at one point, but most nations have since abolished the practice of the death penalty because it is inhumane and violates human rights. The united states of America is one of many countries that still practices the death penalty to this day and it continues to be a hot button issue of controversy among its citizens. Most Americans have a very strong point of view when it comes to the death penalty, no matter which side of the debate they belong too. Supporters
The death penalty is still in “criminal law” of some of the countries and has a lot of opponents as well as I who think this punishment is not effective for the following reasons. First of all I believe this punishment violates the fundamental principles of human rights according to the United Nation’s Universal Declaration which says everyone has the right to life, liberty and security no matter what is their status, but unfortunately there is no prohibition against the death penalty in international law. There is no clue that the death penalty can reduce the crimes more than life imprisonment. It only can effects the pre-programmed crimes. So in the best case, the offender is aware of the legal consequences of his behavior.
There are many factors that plays into the reasons why the death penalty is wrong and no one deserves it. No matter how heinous the crime(s) was. One major factor that plays a role in the death penalty is, racial discrimination or being poor. African Americans are at a higher risk of the death penalty than any other minority. There are more white prosecutors in death penalty states, than any other minority.
As you can see from the reality above, capital punishment is inhuman and sadistic. The 8th amendment of the constitution reads no cruel or unusual punishment. “In any case, execution is more than a punishment exacted in retribution for the taking of a life” (ACLU, 7). The definition of the word cruel is willfully causing pain or suffering to others. Extensively, officials are willingly executing the convicted and in some cases where error is present, there is suffering undoubtedly.
Most criminals don't think about what they are doing at that exact moment or think that once they have already started they can't stop. I would think lots of criminals would not want to go to prison either, I would think prison would be worse than death. Once in prison, those serving a life sentence often settle into a routine and are less of a threat to commit violence than other prisoners. The death penalty also does not give the felon time to think over their actions. States that do not use Capital Punishment usually have a lower murder rate than states that do.
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.
Capital Punishment is the death penalty for those who commit murder. The thought behind this punishment is a life for a life. There has been debate on if the death penalty is right or wrong. Some poeple want the death penalty to be illegal while others argue it is needed to deter crime. There are many valid arguments regarding the death penalty.
The death penalty happen in all different type of states. In every state that retains the death penalty, jurors have the option of sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is cheaper to tax-payers and keeps violent offenders off the streets for good. Death penalties mostly consist of various forms of murder such as murder commited during a drug related drive by shooting, murder during kidnapping, murder for hire, and genocide. During the death penalty those who kill white peoples are more likely to be sentenced to die than those that kill African-Americans.