History of the Death Penalty Law - Research Paper Example

? The death penalty February 27, The death penalty is a punishment that has been around for many decades, if not centuries. It is used to put an end to some of the most heartless crimes, such as murder and rape, which are considered to be capital crimes. Due to the nature of the death penalty, which involves one person being put to death by another, many people have doubted as to whether or not the death penalty is the most moralistic way to go about making a point. The death penalty has evolved immensely over time, but the intentions remain to be the same. The death penalty Introduction There are many punishments that a criminal can face if found guilty of a greater crime, but none is as jarring and final as the death penalty. The death penalty is the sentencing of death to a person who has been found guilty of a criminal offense. When a crime results in the death penalty, the crime is known as a capital crime or capital offense. A lesser crime does not hold the possibility of resulting in the death penalty; a person may face the death penalty if they are found guilty of first degree murder, but not for grand larceny. The death penalty in the United States is only inflicted when the guilty offender has willingly taken the innocent life of another or more than one person. In some states, attempted suicide can be met with the death penalty as the person is attempting to take a life (Carmen, 2008). The ultimate purpose of the death penalty is to take a life for another life. The death penalty is considered to be one of the most controversial punishments for criminal offenders. While there are people that believe the punishment follows the adage “eye for an eye”, there are still others that feel that governments and countries should be “practicing what they preach” instead of condoning murder by killing another, even if it is done in the name of justice. Regardless of these opinions, the death penalty is alive and well in thirty-five states, the United States military, and the United States government, as well as countless other countries. History of the death penalty law The death penalty has been around for hundreds of years in the United States, though it also has history in Europe in the pre-America era. Practiced by many countries and villages, the death penalty was not nearly as sophisticated as it is today. First and foremost, the death penalty was not only limited to murder, but expanded to include sexual crimes, such as adultery and sodomy, drug and human trafficking, and treason. Some countries today still recognize some of these offenses as crimes being worthy of the death penalty. Treason resulting in the death penalty is still highly common among militaries throughout the world. If another life was taken or put at stake, then the person who placed them in that position would be faced with death. The methods of how the death penalty was to be implemented have also evolved. One of the earliest methods of the death penalty was by means of stoning. Usually regarded as a public spectacle to make both the crime and the consequence known, the criminal would stand in a designated meeting area before many of the townspeople, all of whom would often play a part in throwing the stones that would kill the criminal (Hood & Hoyle, 2008). Other antiquated methods included hanging and beheading; again, these would take place in public areas to serve as a lesson to prevent further criminal activity. Torture was another common method, one that is looked upon today as being both immoral and unethical. Other methods that were observed, though were not as common, were boiling to death, disembowelment, burning, or being slowly sliced or impaled repeatedly. People during these times did not have the fancy machines or equipment that we have now, so they had no choice but to work with what they already had. They got creative with their punishments, looking for methods that would not only get the job done but also supply the criminal with plenty of pain. The gruesome images left in the minds of the onlookers would also help to prevent further criminal activity. This was an intended response to having people witness someone else’s death sentence. The death penalty was a law that was widely observed. Even though the controversy that exists now was also present during those times, people were seldom likely to do anything about it because more people approved of the methods being implemented. The governments did not have the means, especially the money, to make large prisons to house all of their criminals, so the criminals were killed the moment they were found to be guilty (Ives, 2009). It could not be risked that they would repeat their crimes. This method was more time-friendly than our current system, but it left room for many mistakes to be made in the sentencing. Due to a massive lack of our modern technology, determining someone’s guilt or innocence would be based on witnesses, basic and obvious evidence, and the location of the person prior to and after the crime was committed. Numerous times, due to many of these elements being amiss, people were wrongfully executed. The current death penalty As time went on and we advanced civilly and technologically, both our feelings for and methods of the death penalty also changed. One of the changes that came about was the existence of the death penalty. As people began to question the morality and ethicality of “rightfully” killing someone to seek out justice, changes were made to the death penalty, including getting rid of it entirely in many states and some countries. It is now up to the state to use the death penalty; previously, it was practiced by everyone with the government being taken out of the equation (Bohm, 2008). Where the death penalty no longer exists, a lifetime prison sentence usually takes its place. In some situations, depending on the severity of the crime, a criminal can face numerous life sentences, or life sentences that exceed over a hundred years. These governments feel that this is a more beneficial and responsive punishment than death. Similarly, the reasons for receiving the death penalty have also changed. Treason may still result in the death penalty in some situations, but it is reserved most for cases of willingly killing someone else. Drug and human trafficking are criminal offenses, but are not able to result in the death penalty. Some sexual crimes can result in the death penalty depending on the severity of the actions, though lengthy prison sentences are usually the punishment for these actions. Adultery is considered more of a sin than a crime in the United States, and is therefore not punishable by a state of law unless the person committing adultery is married and is seeking marriage with another. The methods have also changed to adapt to current society and beliefs. Though some countries still resort to stoning and hanging, the more common methods in the United States include lethal injection, being placed before a firing squad, and electrocution, which is slowly but surely being debated out of death penalty procedures due to issues regarding the morality of the action. In some cases, the criminal gets to decide on their method of death, though it often depends on the severity of the crime they have committed (the difference between killing one innocent person and killing five). The comfortability of the criminal is the last concern of government officials and criminal justice professionals. One of the greatest changes in the modern-day death penalty is that witnesses are few and far between. The execution procedure is no longer a public event due to issues surrounding morality and privacy for the families of the guilty criminal. Aside from the executioner, a witness, and a professional in the medical field to confirm the death of the criminal, only people related to the criminal and to the family of the murdered are allowed to watch the event. If the criminal requests it, a priest, pastor, or rabbi is also able to be present to read the criminal their last rights or to pray for their soul. Although criminals had this opportunity in previous decades, it was gone about in a different way. Since religion was a bigger aspect of life in earlier times, the criminal would always have their last rights read to them in the hopes that God would have mercy on them. Finally, the guilty criminal is placed on death row, which is more or less the “waiting” list for those who have been given the death penalty. Though there are many people that are against this wait, which can span upwards of twelve years (Elkind, 2009), it has become somewhat of a blessing as it gives detectives the chance to make sure that an innocent person does not suffer a punishment that they do not deserve. Unfortunately, there have been incidences when a person is found to be innocent only a day or two after their execution. Rising technology in the criminal justice field is helping to make these mistakes less common. Points of the issue There are many sides to the argument of whether or not the death penalty is beneficial or even moral. Part of the uncertainty rests with the fact that if the death penalty is not doing any good, then there is no point in upholding the law. This causes those that are against the death penalty to believe that what the government is doing is no different than what the criminals have done. However, there is still an equally strong argument that claims that the death penalty is very beneficial punishment for people who have no regard for the lives of other human beings. Positive The greatest positive point of the death penalty is that it takes the most ruthless and dangerous criminals off of the streets. The death penalty sees to it that they can no longer do harm to others. Some believe that the criminal gets two punishments in one: they have their stay in prison to think about what they have done and to be treated like the other criminals, and then they are put to death so that they are unable to do further damage to humanity. It becomes one less criminal for the world to worry about. Yet another positive aspect is that the death penalty removes the hardened, most dangerous criminals from prisons, making more room for criminals who would do well to serve time in prison. Overcrowding has become a problem, with rising criminal activity and a decline in funding to allow prisons to expand or for new prisons to be built. Part of the solution of this problem involves releasing petty criminals on good behavior, but another solution is seen in permanently getting rid of these hardened criminals. A final positive aspect of the death penalty is that it has the ability to stop murder. The consequence is enough to make people realize that killing someone else is not worth it in the long run. This is similar to the idea of making public displays of the death penalty in early years, hoping that people would understand that their deeds will not go unpunished. It puts the right amount of fear into them. Negative The morality of the death penalty is the greatest part of the controversial debate in regard to the law. The common question surrounding this issue is: who are we to decide when someone should die? After all, did the criminal not do the same thing in taking the life of someone else? The argument is that we should be spending more time trying to uphold justice than attempting to play God. The criminal had no say in ending an innocent life and neither should anybody else, even if it is for the sake of bringing about justice and closure. This is why many states prefer using life sentences as opposed to the death penalty. It gives the criminal plenty of time to realize the wrong that they have done and that is one more life that has been spared. It also presents the possibility of the criminal being reformed. While it is true that the death penalty helps to clear up room in overcrowded prisons, this does not take place until the death sentenced criminals have received their punishment. Prisons continue to become overcrowded as these prisoners await their death sentence. The process of cleaning up the prisons in this sense takes many years, and is not entirely beneficial in that matter. Finally, the death penalty is often regarded as cruel and unusual punishment. The methods used against the criminals are not in compliance with “natural causes,” which should be the only way that someone should die. The methods implemented, such as firing squad and electrocution, are cruel punishments that nobody should have to endure. Despite the fact that these criminals have taken the lives of others, cruel and unusual punishment resulting in death does very little to teach them a lesson. Requirements for a constitutional death sentence To avoid moral and ethical issues that may arise, the sentencing of the death penalty requires the adherence of many rules. First and foremost, there has to be enough evidence to properly convict the suspect of the crime in question. This will ease doubt about whether or not the suspect is innocent. Numerous investigations are made to guarantee that the criminal is guilty before sentencing. Other issues are looked at during this time, including the mentality of the criminal, such as if they are mentally unfit to understand that they have done something wrong. All of the facts of the case have to be considered before someone is sentenced to death. This also includes letting the criminal be aware of everything that is taking place, so that they are not surprised by the goings-on in their case. However, it is often argued that the death penalty itself goes against the Eighth Amendment of the Bill of Rights, which speaks against the infliction of cruel and unusual punishment. Governments and criminal justice officials argue against this with what can be summed up as “the criminals are getting what they deserve (Burkhead, 2009).” They also argue that the cruel and unusual punishments are no longer in practice, such as burning and stoning. Personal conclusion I believe that there is no punishment harsh enough for criminals that have become hardened during their time on death row. The death penalty has become an easy way out for the criminals that do not care about the horrible crimes that they have committed against humanity. Many of these criminals look at their time on death row as simply a long wait; they know what is going to come after this wait is over - death - and there is no point in feeling remorse for their actions. Furthermore, instead of serving a lengthy sentence like other criminals, time is cut short for those on death row. Nothing can be learned from their mistakes if the chance is not given to them properly. Moreover, the death penalty really is only condoning the deadly actions that we are trying to put an end to in this world. Fighting fire with fire will only make the fire bigger. The government and criminal justice professionals should be the example that we follow in regard to how we should treat our fellow human beings. Telling a criminal guilty of murder that all that is left for them is death only shows that the state is as heartless as that criminal. The death penalty fails to be beneficial to anybody, even if they are not directly involved in the situation. References Bohm, R. M. (2008). The death penalty today. Boca Raton, Fla.: CRC Press. Burkhead, M. D. (2009). A life for a life: The American debate over the death penalty. Jefferson, N.C.: McFarland & Co. Carmen, R. V. (2008). The death penalty: Constitutional issues, commentaries, and case briefs (2nd ed.). Newark, NJ: LexisNexis Matthew Bender. Elkind, R. (2009, September 25). Death row: The cruel and unusual wait. The Cornell Daily Sun. Retrieved February 25, 2011, from http://cornellsun.com/section/opinion/content/2009/09/25/death-row-cruel-and-unusual-wait Hood, R. G., & Hoyle, C. (2008). The death penalty: A worldwide perspective (4th ed.). New York: Oxford University Press. Ives, S. (2009). Capital ideas: 150 writers on the death penalty from the Code of Hammurabi to Clarence Darrow. San Antonio, TX: PeaceCenter Books. Read More