The Death Penalty Is Not Morally Permissible?

By the 1950s, it was not uncommon for both state and federal appellate courts to review a defendant’s capital conviction. In recent

Throughout mankind has been using the death penalty as a form of punishment. Many people argue with this type of punishment because they believe in an eye for an eye. Many people that it is okay to murder a human being due to them having killed an individual over time. There have been many cases that have proven that they death penalty violates the constitutional ban on cruel and unusual punishment, being very expensive, and innocent lives are convicted.

State governments tried two new strategies to be more specific and direct in death penalty trials: guided discretion and the mandatory death penalty. In Gregg v. Georgia, 428 U.S. 153 (1976) among others, the Supreme Court gave sentencing courts the right to impose sentences of death for specific crimes and allowed a two-stage (“bifurcated”) trial (www.cpa). In the first stage, the guilt or innocence of the defendant is established, while in the second stage, the jury or the judge (depending on the state) determines the sentence. Mandatory death penalty for specific crimes, on the other hand, was deemed unconstitutional because of cases such as Woodson v. North Carolina, 428 U.S. 280 (1976). These rulings lead to the modification of each state’s statutes regarding the death penalty (www.uaa). The moratorium ended and executions resumed in January 1977.

The death penalty is a punishment given to people who commit heinous crimes. Since 1976, there have been over 1,390 executions. But does that make the death penalty, necessarily, a correct and justifiable form of punishment? “The death penalty is our harshest punishment,” states Ernest van den Haag, author of “The Ultimate Punishment: a Defense.” Van den Haag, in his article, argues how the death penalty is effective and should be used. However, Jack Greenberg, James P. Gray, and Jeffery Reiman, all concur that the death penalty should not be used as a punishment for criminals. Jack Greenberg, author of “Against the American System of Capital Punishment,” argues how the death penalty is an

The courts positions of the death penalty has changed over the years. For centuries societies have used death as the ultimate penalty for crime. In the 1960's, the court ruled against the death penalty as a "cruel and unusual punishment", which was forbidden by the eighth amendment of the Constitution. By the 1990's the death penalty was again in wide use supported by the court and Congress, which continually expanded by legislation the crimes for which death would be an acceptable penalty.

The Gregg vs Georgia (1976) case study is important because the state of Georgia was in the U.S. Supreme Court’s decision that capital punishment (the death penalty) was constitutional so long as the procedures involved in its execution did not oppose the Eighth Amendment to the Constitution. U.S. Supreme Court’s ruling in Gregg vs Georgia which involved a prosecution for a double murder committed in the development of a robbery. The ruling was rejected the legal argument that capital punishment in and of itself establish “cruel and unusual punishment” and thus disregard the Eighth Amendment of the Constitution.

This decline culminated in an unofficial national moratorium on executions in the late 1960’s that became official with the Supreme Court’s decision in Furman v. Georgia (408 U.S. 238, 1972). The decision in Furman officially ended the death penalty in the United States, as then practiced. However, just four years later in Gregg v. Georgia (429 U.S. 1301, 1976), the Supreme Court, citing change in public opinion and the passage of new death penalty statutes by 35 states, reauthorized the use of capital punishment. Despite the reversal, the effect of the decision in Furman was to put states on notice that the Supreme Court would be the ultimate arbiter of all future standards and rules regarding capital punishment administration (Cohen & Newcombe, 2014). At the national level, the 2001 execution of Timothy McVeigh marked the first time the death penalty had been used by the federal government in almost four decades, despite the continuous existence of a federal statute authorizing its use since the inception of the nation (“Federal Executions 1927-20013,” Death Penalty Information Center,

The death penalty in the United States can be traced all the way to early American history when it was under the colonial rule of Britain. Though in early history the death penalty was used for even menial crimes such as burglary, capital punishment in the United States is currently used for only the most heinous crimes, such as first degree murder, rape, treason, or espionage. Because the nation was unified under similar Christian beliefs, there was no question of how death could be the worst punishment for the worst crimes. However, through diversified religions and a growing sensitivity to criminal rights, the death penalty is increasingly under more scrutiny in regards to the 8th amendment, which bans the implementation of cruel and unusual punishments. In Furman v. Georgia, three inmates challenged the legality of their sentences, bringing light to the questionable relationship between capital punishment and the Eighth Amendment. In order to appease this realization that the death penalty was too gruesome, many states have changed their execution methods from hangings and electrocution to lethal injections that create a more seemingly peaceful death. “In fact, death penalty opponents often argue against the use of lethal injections on the grounds that this method makes executions more palatable to the public by creating the appearance that the inmate is simply being put to sleep” (Radelet, Borg 54). However, though lethal injections are far less violent compared to

The Death Penalty is Unconstitutional Because No One Has the Right to Take Another’s Life.

    Each year there are about two hundred and fifty people added to death row, while thirty-five are actually executed. Since capital punishment was resumed in 1976, there have been three hundred and ninety-one executions ("Cruel and Unusual" 27). If the judge recommends the death penalty and the judge agrees, the criminal will face some form of execution. Lethal injection is the most common form. From 1972-1976, capital punishment was ruled unconstitutional (Capital Punishment 2). The Supreme Court's reason for abolishment was the death penalty was cruel and unusual punishment. They reversed their decision when new methods of execution were introduced.

There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished, re-instated, and vice-versa. From 1976 to present day the death penalty has been in effect federally, but that does not mean that the law will remain in place for good. There are still several issues concerning the death penalty; such as the method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally handicapped individuals should be considered for the death penalty, and the

Georgia (1972), the Supreme Court put an end to capital punishment in a short run” (O’ Connor et. al 2014). The Court administrated that it underlies irreconcilable concerns and, thus affects the Eight and Fourteenth Amendments because of its “cruel and unusual punishments”. And in 1976 Gregg v. Georgia, the Court “ruled that capital punishment was unconstitutional” for its violation of rights and the given justification withheld by researchers. As a matter of fact, the United States “is the only western nation to put people to death for committing crimes”. It was illegal in many states, and was hardly implied in others states.

The death penalty has been has been questioned about whether it is a reasonable sentence based on our 8th Amendment Right which protects us from cruel and unusual punishment. In the 1976, Gregg v. Georgia case the U. S. Supreme Court chose to uphold the death penalty. The only way an offender can be sentenced to the death penalty is if they have intentionally taken the life of the victim. A large number of Americans are afraid of putting an innocent individual to death for a crime they did not commit. Offender’s that are found to be guilty and sentenced to the death penalty sit on death row with more the adequate time to file appeals to their sentences. The average offender spends at least a decade on death row. A direct appeal begins with the state’s highest court when someone is sentenced to the death penalty where offenders are given the opportunity to have the death sentenced overturned. In some states, it is required, however in other states it is the offender’s decision. After the completion of this appeal, it is the offender’s decision to attempt another appeal in a higher court, in an attempt to get the sentence of death overturned. If the offender does not get the sentence overturned, the offender will remain sentenced to death most likely by lethal injection; lethal injection is a less painful, more humane way to execute the offender. Some states allow the offenders to choose from various approved means of execution to include death by firing squad, hanging,

Capital punishment in the United States is a widely debated topic due to the many opposing views of abolitionists, people who want the death penalty abolished. The controversy led to continuous changes in the legalization of the death penalty in the late 1900’s. As noted by Wesley Lowe, a popular Retentionist and author of “The Death Penalty in the United States,” capital punishment was terminated in 1967, but reinstated in 1977. However, state-sanctioned executions are only authorized for certain heinous crimes and must be implemented in the least barbaric ways. According to Tracy Snell, Bureau of Justice Statistician, this type of punishment is only used for certain acts of violence, such as first-degree murder; and it is performed in various ways, including lethal injection and electrocution (5-6). The death sentence still remains in effect today in 31states and receives support from 60% of the United states people (Wikipedia Contributors). These people who support the death penalty, also known as Retentionists, provide indisputable arguments, and refute the opposing views. Capital punishment in the United States is necessary because it provides an equitable punishment, while ensuring the safety of citizens and honoring the lives of the victims.

As noted earlier, the death penalty is one of the most discussed topics in the criminal justice system. The death penalty used to be legal in the united states until 1972 when the supreme court in Furman v. Georgia ruled it unconstitutional arguing that it violated