Definition Essay: Defining The Death Penalty

Great Essays
Defining the Death Penalty Throughout history the laws and regulations surrounding the death penalty have fluctuated and changed, making the death penalty an unlikely punishment for severe crimes. In 1793, one of the first laws regarding the death penalty was passed, when murder was divided into first and second degrees (H. Bedeau, 2004), this only allowed the death penalty to be a plausible option for first degree or premeditated murder. However, today, this is no longer a “sufficient basis” for the death penalty. The perpetrator must also exhibit “aggravating circumstances” which are generally specified by the judge 's instructions to the jury (H. Bedeau, 2004). Supreme Court cases have also limited the death penalties reach. In 1976, Woodson …show more content…
In fact, “two out of three American Church leaders strongly oppose it as infringement on the dignity of life” (W. Clay, M. Burgess, 1990), based on the idea that the forgiveness and compassion taught in the New Testament should be stronger than a person’s want for revenge or vengeance. Many religious persons, specifically Christians believe that “only God has the power to take life” (W. Clay, M. Burgess, 1990). This idea is backed up by one of the 10 commandments which states “Thou shalt not kill” (Exod. 20: 1–17), making it clear in many followers minds that the death penalty is unacceptable under all circumstances. Additionally, many leaders both religious and political believe that that the death penalty causes unnecessary anguish for the criminal, his family and friends, as well as those who must perform or watch the execution (W. Clay, M. Burgess, …show more content…
Bedeau, 2004). For example, the south has carried out nation 's executions since 1976 (H. Bedeau, 2004), and certain states, and even cities have a higher percentage of requests for the death penalty than other places. This is specifically seen in cases when prosecutors are able to manipulate the court system in order to increase the chances of the death penalty being sentenced. For example, when two snipers from Washington DC had their trials moved to Virginia by the Attorney General since it was more likely to receive a death sentence in Virginia (H. Bedeau, 2004). This unfair manipulation of the system, can cause unfair rulings. Additionally, many people who receive the death sentence are poor or mentally ill, they are usually appointed lawyers by the court system. In some circumstances, these lawyers may lack the skills or motivation to avoid a death sentence, and therefore criminals with these lawyers often have a higher chance of receiving the death penalty. Another argument that arises in discussions of the death penalty is the unforgivable nature of it, and the possibility to convict and essentially murder an innocent person. In many cases the death penalty ruling is circumstantial and varies on a case to case basis, again due to the irreversible nature of the punishment after it has been executed. The

Related Documents

  • Improved Essays

    In 2010, 14000 homicides occurred but only 106 death sentences were imposed (Garland, September, 13, 2010). In countries like Singapore (Garland, September, 13, 2010) a drug trafficker will hang “swiftly and often.” This measure of punishment is meant to deter the crime but implement retributive punishment and Singapore does not share their law enforcement statistics (Garland, September, 13, 2010). Cunningham & Vigen (2002) found when describing profiles for inmates on death row, the intellectual, reading ability and psychological defects are the stifling setbacks to inmates participating in their appeals. As has been shown (Cunningham & Vigen, 2002) demographically, the states with the highest number of death row inmates are California (607),…

    • 375 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Georgia decision noted that the use of the death penalty over the years appeared to show a pattern of bias, it was not given the same for people having committed the same crime on every occasion and it was implemented on persons of color far more than it was on whites. Due to the clear bias of the death penalty application, one justice was noted as saying it was “unusual and that it lacked it due process”. The death penalty lacked in due process simply because it was not applied the same across the board; there was not clear cut definition for who would qualify for it. Without a clear and precise set of determinants, one could be ambiguous in the reasons for the application of a death penalty, thus allowing for the overtone of racism or other poor moral judgements to be factored in to the reason for individual trails and…

    • 842 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Georgia consisted of 5 other cases took place in 1976. In all 5 cases a defendant had been convicted of murder and sentenced to death. The defendants had gone to their states, but decided once that failed to go to the Supreme Court. This case would give the final word on the death penalty. The Supreme Court decided in a 7-2 Justice Stewart wrote the majority saying that the death penalty was “ cruel and unusual in the same way that being struck by lighting is cur and unusual” .(Wiki) .…

    • 1155 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Furman v. Georgia case of 1972 put a temporarily hold on the death penalty in the United States. Supreme Court Judges found that the death penalty in this case where Furman dropped his gun while running away from the scene of the crime, and the gun went off and killed a resident, “constituted cruel and unusual punishment and violated the Constitution.” Not only did this case suspend the death penalty but it also made crimes such as rape not punishable by death, “on June 29, 1972, the Supreme Court effectively voided 40 death penalty statutes…and suspending the death penalty because existing statutes were no longer valid.” The Furman v. Georgia case would change the face of death penalty cases for the foreseeable future in the United…

    • 528 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Ambiguity of Capital Punishment Punishment has always and continues to be a corrective plan of action for violations that range from a minor assault to murder. In the case of capital punishment – a process of sentencing convicted offenders to death for the most serious crimes (capital crimes)(bsj.gov), punishment for such crimes can range from lengthy prison time to death penalty sentencing. The citing below will delve into the justification or lack thereof on how this kind of punishment is administered through the justice systems in states that carry out death penalties. Lewis E Laws gives a personal account of his over 20 years of experience and observations of murderers in questioning the consistency of the law as it relates to the morphing…

    • 1733 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    As the costs of the death penalty varies from state to state and even between different counties the taxpayers are still the sole providers to how the counties can even afford the option of pursuing the death penalty. The Dallas County District Attorney, Norman Kinne says, ‘”If you can be satisfied with putting a person in the penitentiary for the rest of his life…I think we have to be satisfied with that as opposed to spending $1 million to try and get them executed.”’ Kinne, makes a plausible point as he argues that although morally one might have stronger feelings about ‘eye for an eye’ and doing to one what they’ve done to others; in the long run it is more cost effective to just lock them away in the penitentiary than to waste taxpayer dollars on one trial that might not even end up with the outcome originally pursued. While most of the costs that accumulate from these kinds of cases are from the trials themselves, the process of appeals that the offenders get if they are sentenced the death penalty takes a serious toll on not only the financial aspect of the government, but the time it takes to go through that…

    • 526 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Detrimental Effects of the Death Penalty in America After several decades of debate, the death penalty continues to rise as a contentious issue in the United States of America. The morality and inefficient process of execution has come into question, with many opposing a punishment that half the world no longer uses. A slow and tedious process that welcomes botched executions, the legality of the death penalty has raised reasonable concern. Although the Supreme Court ruled the death penalty as constitutional, capital punishment still has various disadvantages that many Americans are unaware of.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    As John Morrison exclaimed,“It should be clear that the death penalty does just the opposite of promoting decency and respect for life... It can never be applied fairly.” Since the mid nineteenth century, inmates on death row have been murdered by a plethora of gruesome methods, such as venomous lethal injections, gas chambers, and electrocution. According to the Death Penalty Information Center, there have been 1,413 executions in the United States from 1976 to the present. Although the number of death penalty verdicts are decreasing, flaws in the American judicial system have caused an increase in the amount of punishing wrongfully accused suspects to the death penalty.…

    • 1178 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    One of the first arguments that come up is if the person is actually innocent, naturally, there have been innocent people that were executed and there likely will be more executed. It comes down to the skill and the will of the prosecution and defense lawyers and the hopes that the system will work for those innocent people and not against them. Next, the innocent family, friends of criminals, the accused, and what they have to deal with. It cannot be easy having a love one convicted and sentenced to capital punishment, the emotional toll this can put on a person can be overwhelming. Not only do they face personal troubles with this, there is also the social media coverage and abuse the media can produce unintentionally against them.…

    • 780 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The Death Penalty: The Price Society Pays The death penalty has been a topic of controversy for centuries, known for its inhumane brutality methods which have evolved over the years from lynching to gassing, electrocuting and now the lethal injection; it is in fact the sentencing of those who have committed a heinous crime. On the other hand, justice has been served when the death penalty has finally been executed on the prisoner, bringing a sense of retribution to those who have lost a loved one due to the crime committed. Although many people might think it is a working system, others land in the mixture of controversy for various reasons. Over the course of time, the death penalty has started to become obsolete and is slowly making a turnover…

    • 1158 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    When it comes to the topic of the Death Penalty you have to ask yourself the morality of what you are doing, and if other human beings should have the right to take the life of someone else for what you deem as wrong above and beyond the normal crime. From an economic standpoint you realize that it is extremely inefficient not only in terms of time, but in the sheer amount of money it takes for the death penalty to actually be handed down making it more economically inefficient. I. Monetary Cost a. Texas i. Being the state with the largest amount of executions I deemed it fitting to be seen as a key component of defining how much it really costs to actually have the death penalty take place. ii.…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The death penalty is a capital punishment where criminals that have been convicted are put to death by the government (Issitt). The death penalty started over 400 years ago in America when George Kendall committed espionage and was sentenced to a hanging in 1608 (Issitt). This…

    • 1827 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    DChism 10/10/2017 American government Research Paper #2 Outline Opening Statement /Thesis: There are many thoughts and questions that plague my mind when it comes to the death penalty and although this is a controversial topic, many laws concerning it don’t seem to be right to me. I mean, I would like to know why take a life for a life when you have been giving a life sentence. This makes no senses and even though an individual may commit murder no one deserves to die. The United Sates is made up of three branches of government.…

    • 432 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    Death Penalty The death penalty or Capital punishment is a legal process whereby a person is put to death by the state as a punishment for a capital crime. However, since this punishment is established people are still wondering if the death penalty is a fair verdict. The first death penalty laws are established as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon (in modern-day Iraq). The code implies that there are twenty-five crimes punishable by death in these times.…

    • 1630 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In relation to that, race and class play a major part in who gets the death penalty, those who have less money, are more likely to receive an inadequate defense team. Those who are wealthier can afford good legal counsel, and therefore have a better chance of being acquitted or receiving a lesser sentence, than someone with a public defender. Sixty-eight percent of all death penalty cases that have been overturned, were found guilty because they had inadequate defense. (Facts about the Death Penalty) The death penalty is permanent, once you execute someone there is nothing that can be done if it is found they are actually…

    • 1379 Words
    • 6 Pages
    Improved Essays

Related Topics