Cesare Beccaria Argumentative Essay: The Death Penalty

Improved Essays
The Death Penalty has been a hot button topic for generations. Cesare Beccaria is considered the father of criminal justice first claimed that “the use of capital punishment inherently violated the social contract” and also from the book introduction to criminology by Stephen Tibbetts “the second reason for why Beccaria felt that the death penalty was a inappropriate form of punishment was that the governments endorsing the death of a citizen would provide a negative example for the rest of society. Although I am for the death penalty there are so many flaws within the criminal justice system that unfortutnaly will probably never be fixed. Several studies relating to crime have both disputed and defended capital punishment in America. There have been multiple studies suggesting that having the death penalty doesn’t reduce the crime rate. On the other side of the coin some have suggested that the death penalty is deterrence for crime.
The major flaw I see with the Death penalty is that it takes too long. On average it takes 10 to 12 years to get an order of execution. This is due to our judicial system and the failure of swift due process. I understand that it doesn’t state anywhere that you have the right to a speedy or fast death however, once you are convicted of a capital crime and you
…show more content…
Recently the court has upheld death penalty decisions 4 times in the state of Alabama. These decisions cited HURST V. FLORIDA and in an article from the Constitional accountability center states “In Hurst v. Florida, the Supreme Court considered whether Florida’s death sentencing scheme violated the Sixth or Eighth Amendments in light of the Court’s 2002 decision in Ring v. Arizona. In Ring, the Court held that Arizona’s capital sentencing scheme was unconstitutional because it allowed a judge sitting without a jury to find the aggravating circumstances necessary for imposing the death

Related Documents

  • Improved Essays

    Although some believe that it violates the 8th amendment that forbids any cruel and unusual punishment, but the only crimes that are punishable by death are espionage, terrorism, treason, large scale drug trafficking, federal murder, or attempt to kill a witness, juror, or anyone affiliated with the trial. The 8th amendment was originally used to prevent judges from making bails based of biased decisions and opinions. It also prevented cruel and unusual punishment from being placed for crimes that aren 't as harsh as they might be punished for. Since it is not clear on what it means by “cruel and unusual,” the dismissal of the death penalty cannot be justified by the 8th Amendment without a more clear, concise definition. Some of the amendments might be a little out dated and aren 't put to use in modern times.…

    • 1174 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Capital punishment is seen by not only many people but also states immorally just and a waste. The death penalty is way to punish the ones who have unfairly punished others. It is a good thing because life sentences given to criminals who should receive the death penalty is an unfair financial burden on the state. The prison system in America is the largest…

    • 337 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The morality of the death penalty has long been, and still is a controversial topic in the United States. People have been debating for centuries whether or not this form of punishment should exist. Those supporting it have claimed that the death penalty acts as a deterrent of future crimes. On the other hand, those against it have disproved this claim. Studies show that capital punishment should not be used in the United States, since it does not act as a deterrent, certain groups are more likely to be sentenced to death, and it does not offer closure for families.…

    • 1248 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    The death penalty goes against the 8th amendment. As the ACLU says,”life without parole…

    • 614 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    The People of the United States of America, are entitled to many rights, those rights are practiced in the court of law. Amendments 5, 6, 7, and 8 are court rights that are given to the citizens, these rights are a right to a grand judge and jury and no abuse of governmental authority, a speedy trial, the reservation of a defendant’s right to a trial with a jury, and forbidding cruel and unusual punishments. “In 1976 the Supreme Court tried to heal the constitutional infirmities, in the death penalty- 40 years years later a survey shows that this has failed and that it is a violation of the 8th Amendment,” as Juris Doctor, Stephen G. Breyer says (“Top” 2016). The 8th Amendment protects our right to cruel and unusual punishment, Court is thinning our rights to create a death penalty to kill someone who is supposed to be protected. “Death Sentences are meted out not only erratically, but also discriminatory, on the basis of race.”…

    • 1744 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Since August, 6, 1912, there have been two hundred and eighty two executions, done by the state of South Carolina (South Carolina Department of Corrections, 2016.) Death row is not only morally wrong, but it is telling the murders, and other people up for death row, that killing someone for doing something wrong is right. Death row should be abolished, not only does it give inmates the impression that an eye for an eye is okay, but it puts innocence people lives at risk, it costs taxpayers millions of dollars, and it is a violation of the eight amendments. First of all, the death penalty puts innocent lives at risk. One hundred and thirty eight men and women have been acquitted from death row, and some of these individuals were days or even…

    • 1124 Words
    • 4 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
  • Improved Essays

    But today many states use the gas chamber, hanging, the lethal injection, the electrical chair, or the firing squad, which seem to all fall in “cruel and unusual punishments”. Executing someone found guilty of a terrible crime seems to be “cruel or unusual”. In the case of Robinson v. California, the Supreme Court made two rulings on the meaning of the “cruel and unusual punishment” clause of the 8th amendment. As stated before the 8th amendment guarantees that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. The issue in the Robinson v. California was the constitutionality of a California Criminal law that made being a narcotics addict a crime.…

    • 787 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Death Penalty: Cruel and Unusual Punishment The death penalty is a cruel process of a bygone era and has no place in modern day civilized society. The death penalty has evolved from a punishment for crimes such as petty theft and adultery to the absolute punishment for crimes such as the rape of a child, kidnapping, treason, and murder, to name a few however the death penalty is fraught with errors.…

    • 1050 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Lloyd Turner Death Penalty

    • 2013 Words
    • 9 Pages

    The Death Penalty Throughout history, people have condoned capital punishment and believe it to be a proper punishment for certain crimes. However, like with anything, there has been increasing scrutiny behind the death penalty. Capital punishment is the legal and politically correct way to refer to the death penalty. The death penalty has been around for thousands of years and has been performed in many different ways. Throughout time, the laws and rules surrounding this form of punishment have been altered and changed, and in many places, it has even been abolished.…

    • 2013 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    The death penalty is a growing debate in the United States. There are so many reasons why people teeter with this subject. There are many people that have been wrongly accused and put to death. Many people have argued that it is against their Eighth Amendment Right, because it is “cruel and unusual punishment” to be put to death for crimes.…

    • 510 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Capital punishment is a subject that can be and has been debated for lengthy amounts of time. There are still many countries that perform executions today, but many of these countries differ from the United States greatly. While the death penalty has been used as early as eighteenth century B.C., there is no doubt that there are many factors that make the death penalty a questionable subject in the modern United States. The death penalty should not be utilized in the United States because it is costly, inhumane, and inaccurate.…

    • 812 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Capital Punishments role in America plays a huge part in how America handles offenders and repeat offenders. Staticbrain.com reports that Time magazine says,” An estimated 2,000,000 people have been victims of crimes, from assault to murder. With insufficient laws to address these issues, criminals become careless and bolder. For this reason, there is a need for a death penalty.” Capital punishment, should not be abolished because, it takes committing a heinous act to receive the death penalty.…

    • 1214 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Justified Murder Essay

    • 1941 Words
    • 8 Pages

    It provides “the perfect punishment” for murderers, a life for a life. But punishment’s arguably most important purpose is to deter crime. Deterrence has the greatest effect on society as a whole (Winters 90). The death penalty it just that, the…

    • 1941 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Does the death penalty deter crime, especially murder? Is the death penalty just? Should the death penalty be reformed? The death penalty also known as capital punishment continues to be an issue of controversy for many years. It seems that public opinion on the death penalty has changed over the year and is still changing, but there are still other people who believe that the death penalty is a good punishment and will continue to believe.…

    • 1307 Words
    • 5 Pages
    Improved Essays