Premeditative Punishment Research Paper

Great Essays
Does Premeditated Murder Justly Deserve Premeditative Execution? Since the beginning of history, humankind has been entangled in a barbaric love affair with human sacrifice. The practices of which can be traced back to biblical texts in the new testament where the “eye for an eye” ideology takes root. An ideology that has been universally referenced to support that retribution alone makes the killing of another an acceptable punishment. Or, has its biblical substance been misinterpreted? Debate surrounding this sacrificial fetish has been timeless in all cultures. Many great minds have contemplated the intellectual struggle of the death penalty as a state regulated punishment. It has now become a generational struggle in which citizens must ask themselves difficult and profound …show more content…
In the context of the death penalty, racial disparities have been evident for generations. Black people have suffered from unfair treatment as alleged perpetrators and victims of capital crimes. Since the Civil War, blacks suffered a lengthy era in which legal lynchings were in the South. With such a rough history, it is unsurprising that the NAACP Legal Defense and Education Fund choose to led the campaign against the death penalty in the 1960s and 1970s. What is surprising, however, is the Supreme Court’s avoidance of the race issue in constitutional cases. Despite the obviousness of racial discrimination in many court cases, the Court consistently avoided direct engagement with the issue of racial discrimination in capital punishment. This claim that the death penalty is administered by a systematically racist state institution was at the center of Furman v. Georgia. When the Supreme Court struck down on all state death penalty punishments. Above both the moral and constitutional reasonings for this case stood the contention that the death penalty was racially prejudice in its

Related Documents

  • Improved Essays

    Finkenbiner Case Summary

    • 1290 Words
    • 6 Pages

    Solely based on race, McCleskey had a greater chance of receiving the death penalty than his white counterparts. The Supreme Court claimed that McCleskey's death sentence was not "wantonly and freakishly" imposed, and thus that the sentence was not disproportionate within any recognized meaning under the Eighth Amendment6. The Supreme Court’s avoidance of dealing with racially biased sentencing caused great unrest in the media and with the United State’s population. James Acker, an acclaimed death penalty expert, stated, "The time has surely come for a sober reassessment of this ruling" and "we must question if justice truly has been served when racial prejudices influence capital case decisions.…

    • 1290 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Summary Of Just Mercy

    • 1082 Words
    • 5 Pages

    This book gives a passionate account of the way the nation thwarts justice and punishes the poor and disadvantage. Chapter three “Trials and Tribulations”, recounts Walter McMillian’s arrest, the trail, and the verdict. Although having many people testify on McMillian’s behalf, it was clear that racism outweighed it all. McMillian was placed on death row before his murder case even went to trail. The trial was moved from a majority black community to a white community.…

    • 1082 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Teresa Lewis Case

    • 1204 Words
    • 5 Pages

    The Gregg v. Georgia court case is essential to the controversy surrounding capital punishment because it acknowledges the other side of the debate and completely conflicts its preceding case, Furman v. Georgia. Both cases provide the notion that the constitutionality behind capital punishment is still a subject that is up for…

    • 1204 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Court stated that unless a uniform policy of determining who is eligible for capital punishment exists. The death penalty will be regarded as “cruel and unusual punishment.” Due to the Furman v. Georgia case, the death penalty was ruled illegal within the United States in…

    • 645 Words
    • 3 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

    DMW: A Rhetorical Approach Human life is the most sacred phenomenon man-kind possesses, for centuries humans have pondered their existence, and its meaning. Every person’s life has an intrinsic value which should never be taken by anyone, including governmental systems. Capital punishment dates back as far as 17th century B.C. During that time the Draconian Code of Athens, the death sentence, was the only punishment for all crimes.…

    • 1985 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    The death penalty has caused tension between more than just those who enforce it and those who receive it. The shock waves caused by the death penalty can be found building tension within the conversations of those who may not have a true role in the process but who, in the eyes of the American democracy, have a voice on the matter. As an observer of the current and past status of the death penalty, one can form the opinion and understanding the necessity of capital punishment in the form of the death penalty. The death penalty has been apart of the court rulings since its reinstatement in 1988. Although those who are against the death penalty would argue that each one of these deaths were not necessary to the safety of our nation..…

    • 1818 Words
    • 8 Pages
    Great Essays
  • Decent Essays

    The Supreme Court of Georgia subsequently set aside Defendant’s death sentences on the armed robbery counts, on the basis, that defendants are rarely subject to capital punishment for that crime. The Court upheld defendant’s death sentences with respect to the murder convictions. In the wake of the Supreme Court’s decision in the Furman case, which held a death penalty statute to be unconstitutional, because it resulted in death being imposed in an “arbitrary and capricious” manner, the Georgia legislature revised its death penalty statute so that death could only be imposed when the jury had found the presence of specific aggravating factors. This effectively narrowed the class of murderers subject to capital punishment. The new statute created…

    • 141 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In the essay Race, Capital Punishment, and the Cost of Murder by M. Cholbi, the author examines the issue of racial discrimination in capital punishment among African Americans; also, how African Americans murderers are more likely to receive the death penalty over white murderers. The Author believes capital punishment and the death penalty are just punishments for the actions of perpetrators, however the author believes the unequal distribution of capital punishment is not a just action (Cholbi 1). The argument of whether capital punishment is immoral has shifted to if its distribution among criminals is tolerable and just (Cholbi 1). Cholbi states,”I believe that the issue of racial disparities in capital sentencing deserves to be reinvigorated…

    • 910 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Discrimination in the Justice System August 9th began as any other day for young Michael Brown of Ferguson, Missouri. Little did he know that walking down the street would end his life in just a blink of an eye. Officer Darren Wilson, who ruined the Brown family and took an innocent life by mistake, will not suffer nor be punished. It is moments like these when society must come to realize the obvious discrimination in the justice system. African Americans, especially, but minorities of all color and ethnicity, have been victim to endless amounts of prejudice.…

    • 1998 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    The Scottsboro Case

    • 800 Words
    • 4 Pages

    One capital punishment case that stands out during the 1930s is the Scottsboro case, and the implications of this case are true throughout the first half of the 20th century. 9 African American males aboard a train in Alabama got into an altercation with white passengers that resulted in the white passengers being thrown off the train, so the nine African American males became put into custody for assault. While the nine boys are in jail, two women Victoria Price and Ruby Bates, also aboard the same train, stated to the police that they had been raped by 12 African American males holding guns and knives, and Price was able to pick six out of the nine boys as her rapists. Even before the trial started local newspapers read, “All negroes positively identified by the girls and one white boy who was held prisoner with pistol and knives while nine black friends committed revolting crime.” The crime happened in the South during a time where African Americans had limited rights and still struggled to break free from social prejudices, the combination of the “crime” and where it was committed allowed for overt racism.…

    • 800 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The death penalty is the most severe form of current legal punishment. The question that is hotly debated is if this form of legal punishment is just and necessary. Hugo Bedau argues that capital punishment is not ethically acceptable. On the other hand, Ernest Van Den Haag argues that this penalty is completely necessary. This paper will summarize both opinions and give two reasons why the death penalty should be abolished, both from a ethical point of view and from a practical perspective.…

    • 1410 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The death penalty is a controversial topic which receives a great deal of criticism from parties on both sides of the argument. Some suggest that it is morally sound on the basis of an eye-for-an-eye ideology, while others argue that its inherent hypocrisy makes the act illegitimate. By examining and analyzing Igor Primoratz’s A Life for a Life and its argument in support of the death penalty, I will attempt to both explain and discredit his argument on the grounds that murder ought not justify murder. Igor Primoratz’s central argument is that there is no equivalent punishment to murder, which is why in cases of murder, the death penalty is justified. Simply imprisoning someone who committed such a heinous crime as murder does not equate…

    • 1621 Words
    • 6 Pages
    Superior 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
  • Great Essays

    The use of punishment is highly debated topic for many, as both sides of the spectrum are at odds. Therefore, the purpose of this journal is to divulge into the concept of punishment, and to determine if its use is valid. In order to accomplish the task at hand; I shall, firstly, define punishment and its goal, secondly, describe some arguments for punishment and determine their validity, and lastly, mention my own experience with punishment. In the end, it will be clear that the use of punishment serves a minimal purpose, and does not help in ensuring that its main goal of correcting behaviour is achieved. Punishment can be defined to be “deliberate infliction of pain on a person for the sake of attaining revenge”…

    • 1341 Words
    • 6 Pages
    Great Essays