Nobody downloaded yet

Capital Punishment/Death Penalty - Essay Example

Comments (0) Cite this document
In Furman, Justice Brennan writes: "When an unusually severe punishment is authorized for wide-scale application but not, because of society's refusal, inflicted save in a few instances, the inference is compelling that there is a deep reluctance to inflict it…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
Capital Punishment/Death Penalty
Read TextPreview

Extract of sample "Capital Punishment/Death Penalty"

Download file to see previous pages Public opinion regarding the death penalty has been a controversial subject for many decades. The public's attitude towards the matter seems to depend upon the question that is asked as much as what they actually feel about the death penalty. Thus if given the choice between the death penalty and life imprisonment without the possibility of parole, the public tends to choose life sentences. If asked merely whether they support the death penalty - with no other choices - they support it. It should be seen that a "reluctance" on the part of society to use the death penalty, or a happiness with it, is more difficult than Justices on either side of the death penalty would admit.
The background to the Furman decision is important to understanding the context in which Brennan's comments need to be considered. The case of Furman v. Georgia occurred after a burglar, William Henry Furman was interrupted while inside a house by its owner. As he was trying to escape Furman tripped and fell, and the gun he was carrying accidentally fired. One of the residents was shot and killed and Furman was convicted of murder. Subsequently he was sentenced to death.
The case of Furman v. ...
For, of all the people convicted of rapes and murders in 1967 and 1968, many just as reprehensible as these, the petitioners are among a capriciously selected random handful upon whom the sentence of death has in fact been imposed. My concurring Brothers have demonstrated that, if any basis can be discerned for the selection of these few to be sentenced to death, it is the constitutionally impermissible basis of race. See McLaughlin v. Florida, 379 U.S. 184 (1964) But racial discrimination has not been proved, and I put it to one side. I simply conclude that the Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed."
(Stewart, 1972)
This was the Majority's opinion, but Justices Brennan and Marshall went even further, suggesting that the death penalty was incompatible with evolving standards of decency within society. Ironically, the very fact that the death penalty was being imposed "wantonly" and "freakishly" was used as proof by both of these justices that in fact society was evolving beyond the death penalty. The central point of Brennan's argument is that the death penalty is only allowed by society because it was so rarely imposed and even more rarely carried out. This rarity made it capricious in nature and would, had it been needed, have also been contrary to the ideas of equal treatment under the law.
One argument that can be made regarding the public's attitude towards the death penalty is that the enormously long appeals process that, while it has been shortened somewhat, still actually exists in most states, shows the public, through its representatives, have put in a place ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Capital Punishment/Death Penalty Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Capital Punishment/Death Penalty Essay Example | Topics and Well Written Essays - 2500 words. Retrieved from
(Capital Punishment/Death Penalty Essay Example | Topics and Well Written Essays - 2500 Words)
Capital Punishment/Death Penalty Essay Example | Topics and Well Written Essays - 2500 Words.
“Capital Punishment/Death Penalty Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Capital Punishment/Death Penalty

Capital Punishment

...?Capital Punishment Prior to actually tackling the issues behind the death penalty, the aspects linked to the death penalty or capital punishment ly: the Sacred Tradition, the Magisterium, the Sacred Tradition and Human Reason will primarily be discussed. First of all the Sacred Scripture is considered as the written word of God, which are Divinely certain facts that was assigned to the Catholic Church; who in turn implements its “lawful administration”(The Original Catholic Encyclopedia). The Magisterium on the other hand, pertains to the “teaching authority of the Church” that is generally achieved...
4 Pages(1000 words)Essay

Capital Punishment, A life and Death Issue

...Capital Punishment, a Life and Death Issue Punishment for crimes that are considered cruel and unusualis prohibited by the Eighth Amendment to the U.S. Constitution. This amendment is frequently invoked when speaking of the legal merits regarding the death penalty. Utilizing the death penalty is considered by some to be the most heinous and obvious instance of cruel and unusual punishment. Those against the use of capital punishment do not think that the government should be given with the power to kill any of its citizens. Opponents also assert that the...
7 Pages(1750 words)Research Paper

Death or Dying: Capital Punishment

...? Death & Dying: Capital Punishment Death & Dying: Capital Punishment There are some questions that social scientists should be able to answer. Either executing people cuts the homicide rate or it does not. Or perhaps it does under certain conditions and not others. In any case, the data are readily available and researchers should be able to answer the question. Of course, this would not resolve the ethical issues surrounding the question, but that is another matter (Capital Punishment and Homicide: Sociological Realities and Econometric Illusions, 2004) Capital...
8 Pages(2000 words)Research Paper

Case study paper on - death penalty both pro and anti capital punishment

...?Death Penalty Both the articles talk about the issue of death penalty in detail. And both the articles take opposite stance with respect the execution of death penalty. The first article proposes the institutionalization of death penalty since it feels that it is the best form of punishment. According to Ernest Van Den Haag, death penalty is the best form of retribution and deterrence the law can provide to the society. He argues that death penalty shall be allowed since it is a case where people fear such...
3 Pages(750 words)Essay

The Death penalty/capital punishment: Can It Ever Be Justified

...The Death penalty/capital punishment: Can It Ever Be Justified I believe the vital thing we can do for the people in the world is to let them recognize that it is acceptable to be angry. You must be angry, you should want revenge -those are especially usual responses. My concern is with the criminal justice system in the United States of America and how that functions. The only ones that we execute in America are the unproblematic ones-with the exemption of Timothy McVeigh, the victims of the death penalty/capital punishment are minorities, the poor and the most defenseless. The same people that are...
2 Pages(500 words)Essay

Capital punishment and the death penalty

...Capital Punishment/Death Penalty Annotated Bibliography Andre, C. & Velasquez, M. . Capital Punishment: Our Duty or Our Doom? Retrieved from http The article features an interview of Ellen Kreitzberg, who is an Associate Professor of Law at Santa Clara University. It focuses on the ethical and legal concerns about death penalty or capital punishment in the United States. Banner, S. (2003). The Death Penalty: An American History. New York: Harvard University Press. This book gives...
1 Pages(250 words)Annotated Bibliography

Discuss at least two of the U.S. Supreme Court rulings in regards to the death penalty and how it has impacted capital punishment in the United States

...IMPACT OF THE DEATH PENALTY ON CAPITAL PUNISHMENT Over the years, there have been occasional incidences of execution of criminals for various capital offenses in the country (Bureau of Justice Statistics). This was practiced in various states with numbers varying in individual states. However, there were oppositions to these rulings since some people argued that it was an inhumane way of punishing capital offenders. In the case of Furman v. Georgia, 408 U.S. 153 (1972), there was debate over declaring the death as punishment for rape. After a suspension of the case for four years, it was...
1 Pages(250 words)Essay

Capital Punishment/Death Penalty in U.S. Is it a deterrence of crime

...Capital Punishment Task: Capital Punishment Execution has generated massive controversy since no individual should have the authority to terminate life. Activists have concluded that capital punishment has led to execution of numerous innocent people. Crime level increased in the 1980s and 1990s. This culminated in the repealing of this sentence in numerous states in America including New York. The previous elimination of this sentence was a key win for humanitarian activists. Therefore, serial killers would only face a lifetime sentence instead of execution. In New York, crime rose significantly over the period, which the execution...
6 Pages(1500 words)Research Paper

Death Penalty Outline

...Argument against Death Penalty Argument against Death Penalty Introduction Death penalty involves killing criminals who commit crimes such as murder as a way of punishment. States should ban death penalty because it is cruel and unfair, wastes resources, is against the due process of law, and violates human rights. Countries should abolish death sentence/capital punishment. Violation of Human Rights Death penalty violates the standards of human rights. Human rights standards requires everyone to respect...
1 Pages(250 words)Coursework

Support the punishment (ex. death penalty)

...Support the Capital punishment The issue of capital punishment like death penalty raises significant ethical concerns. Various theories have been advance for and against capital punishment. The proponents of death penalty have their ground on which they attempt to convince the society to uphold the act. In respect of Kant theory on ethics, capital punishment is considered applicable on the following reasons. The moral obligation of the society to protect its citizen’s welfare and safety justifies capital...
1 Pages(250 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Capital Punishment/Death Penalty for FREE!

Contact Us