The Death Penalty : A Terrible Scar On American Justice

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.

The use of capital punishment in the U.S. is a growing concern for most American citizens. According to statistics, seventy percent of Americans are in support of the death penalty, while only thirty percent are against it. These statistics show that few people are against capital punishment (“Fact” 1). With the use of the death penalty growing the controversy is becoming more heated. With only twelve states left not enforcing it the resistance is becoming futile (“Fact” 4). Many debates have been made and even clauses have been invoked, such as, the “Cruel and Unusual Clause” that was invoked by the Supreme Court in 1962 (Meltsner 179). The use of death as a punishment has been viewed as “cruel

In the article "The Case Against the Death Penalty," which shows up in Crime and Criminals: Opposing Viewpoints, Eric Freedman contends that capital punishment does not discourage fierce crime as well as conflicts with decreasing the crime rate. This essay will analyse Freedman 's article from the perspectives of a working man, a needy individual, and a government official.

This paper will discuss the Death Penalty. It analyzes the effectiveness of the death penalty. It covers the history of the death penalty as our nation shifts through various eras in its history, as well as the historical background of the death penalty in New York. It considers all factors such as crime rates, deterrence, the rights of the people, and consequences of the death penalty. Analogies were made of areas all over the country as to what degree the death penalty effects crime all around. It concludes this paper by reflecting on the information provided of the death penalty and provide an alternative to it.

The criminal justice system was made to protect the rights and the safety of the citizens of the United States, It was created to have justice in the United States, But even then it has some flaws. Three of the faults I decided to discuss about are the death penalty, Issues within prison for example; weapons and riots, and high incarceration rates.

“The use of the death penalty in the United States has been rapidly declining since the end of the 1990s” (Dieter, 2015). This is contrast to the believes of the Founding Fathers where “the death penalty was widely accepted at the time the U.S. Constitution and the Bill of Rights were ratified” (Gardner & Anderson, 2014). While the crimes have not changed, aspects of capital punishment which were once viewed as constitutional, today are deemed cruel and unusual. The prevailing liberal view sees the death penalty as morally unjustified and a vengeful form retribution. “It is the most brutal form of state power, requires massive state administrations and it costs significantly more than life imprisonment which is both more humane and equally effective” (Davidson, 2015). They point to the lack of deterrence it provides and highlight the racial and gender biases of the criminal justice system and the potential for the execution of the innocent by the State. In contrast, those in favor of capital punishment see it as a valid, moral and constitutional punishment as punishments should be imposed in proportion to the crime. The death penalty is reserved for the most violent of crimes in society and without it, justice is not achieved for victims and their families. The death penalty must be viewed again as a valid, moral and legal

The death penalty is one of the most controversial forms of punishment in the United States criminal justice system. For many, the death penalty seems like a way to gain retribution, and to help make this country a better place, however there are many reasons why the death penalty is also not a good thing. My main points that I’m going to talk about for my paper is why I don’t believe in the death penalty. Throughout the paper the reader will be able to understand exactly what the death penalty is, the pros and cons of the death penalty, and eventually be able to depict for themselves whether the death penalty is “good” or not.

The death penalty, as we know it today, didn’t exist in the United States until 1976. However, the American penal system has incorporated capital punishment since the earliest settlements were founded in the early 1600’s. The first recorded execution in the United States occurred in 1608 in Jamestown, Virginia when Captain George Kendall was executed just one year after the Jamestown settlement had been established after he had been convicted of being a spy for Spain (Part I: History of the Death Penalty). Over the next 250 years, several states moved toward abolishing capital punishment altogether. While there has been serious push towards ending capital punishment, more than half of state governments within the United States cling onto their right to execute criminals who perform truly heinous crimes.

The death penalty has been debated for centuries. Within just America, it dates back all the way to 1608. In an article entitled “History of the Death Penalty” from the website Death Penalty Information Center, it states, “The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain.” So, it is safe to say that the death penalty has been around for a long time, and has been debated by many for just as long. Most people will claim that they are against the death penalty with no reason other than they believe it is immoral and wrong. Those people simply do not know the facts of how the death penalty actually helps the American Justice System. The death penalty prevents overcrowding in prisons, reoffenders, and is cheaper to the taxpayers.

Capital Punishment has historically divided the United States and its meaning has changed depending on the time period. Capital Punishment, the “punishment by death for a crime,” has existed in societies throughout history. In the United States, the constitutionality of Capital Punishment is a debated topic; but the morality behind the death penalty is an often passionate and intense argument. At the birth of the United States and creation of the Constitution, the Fifth and Fourteenth Amendments have been interpreted to permit the death penalty. While the Fifth Amendment states, “no person shall be deprived of life, liberty, or property without due process of law;” the Fourteenth Amendment restricts “cruel and unusual punishment.” Bruce Nelson,

There's a long history of capital punishment in the USA as it has been used since colonial times. The American constitution gives each state the right to govern over their own criminal laws. 31 states still have capital punishment and they use it on a number of crimes, including treason and crimes causing death, and use a number of different methods to kill those convicted of capital crimes. The death penalty has its supporters and opponents. Both groups have heated and emotional reasons for their point of view, plus, they each have their statistics to strengthen their argument. Additionally, each side uses the US Constitution to bolster their argument. Proponents use the Fifth Amendment which outlines the conditions for capital crimes. Opponents

James Madison once stated that, “Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction” (Madison, 1787). What Madison meant by this was that factions, or groups of people with similar ideas, are bad for the nation since they do all they can to better their faction instead of bettering their nation. Thankfully in America, factions usually get controlled by equally powerful opposing factions. These parties usually have opposing viewpoints for several reasons and in a way make sure that citizens don’t have to all think in the same way. Furthermore, the issues of the death penalty, abortion, and the influence of religion of

The death penalty has long-since been a controversial procedure throughout the United States in the law and jurisdiction fields. The death penalty is only for the most heinous crimes, or capital crimes. Crimes considered punishable by death differ from state to state but murder, rape, terrorism, kidnapping, and treason are among the most common.

Bright, Stephen B.: "The death penalty as the answer to crime: costly, counterproductive and corrupting"; 35 Santa Clara Law Review 1211 (1995)