Nobody downloaded yet

Capital punishment the United States - Essay Example

Comments (0) Cite this document
Summary
Capital punishment also known as the 'Death Penalty' is a sentence punishable by death. It is a punishment for offences that are considered vitally or fatally harmful (David, R.D. & Mark, D 5). In the United States of America 38 states, the millitary and the Federal government authorize capital punishment.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.2% of users find it useful
Capital punishment the United States
Read TextPreview

Extract of sample "Capital punishment the United States"

Download file to see previous pages 36]. Other capital offenses include treason, aggravated rape, espionage, large scale drug trafficking and aggravated kidnapping among others. Capital punishment has been a subject of much debate in recent times. The reasons that form the basis of this debate are crosscutting and include moral, religious, practical, philosophical and emotional. Proponents of capital punishment argue that it acts as a deterrent to crime, purges dangerous criminals from the society and that it is definitely more economical to execute than to keep criminals in prison [Megivern, James J 93].
Opponents of capital punishment argue that it does not deter crime, cheapens human life and discriminates along racial and social lines [Lane, Brian and Wilfred Gregg 12]. Others have argued that killing a person for killing another is hypocritical since it brings the state to the same level as the criminal. However, previous research as well as the statistics on crime tends not to support the argument that capital punishment deters criminal activity. On the contrary studies have shown that incidences of homicide are lower in states that do not sanction capital punishment than those that do [Harries KD 22]. This paper examines the practice, the effects and whether or not capital punishment serves as a deterrent to crime.
According to the SP file there have been about 15,000 capital punishment exec...
The military courts executed 160 errant officers between 1930 and 1961. A massive mass execution occurred on December 1862 where 38 people were killed by hanging in Mankato, Minnesota. Out of the 38 states that sanction capital punishment, Texas has had the largest number of executions - 378 since 1979 to November 2006 [Amnesty International-1997 Executions]: The Federal government has reported less activity in regard to executions and has executed only 3 people for the last 27 years.
The Legal Process
Once an offender is convicted of a crime that qualifies for the death penalty, the legal course involves four stages: -
1. Sentencing - involves trial like proceeding where a jury decides on the appropriate sentence though it's the judge's discretion to make the final decision [Kerr, Norbert L. and Robert M 33-75].
2. Direct review. After the sentencing stage the case moves to the direct review level. Here the process is similar to that of an appeal. This court evaluates the decision of the sentencing court to establish the validity of the judgment. If this court does not find fault with the previous judgment from the sentencing hearing, then it ratifies the judgment. If it does find fault then it can void the judgment and/or order a repeat haring. The decision by the court is considered final.
3. The Collateral review. This is the only way that a judgment by the direct review court can be upset. Most states have this form of review. The purpose of collateral review1 is to allow the defendant to dispute the previous decisions on grounds of previously unavailable evidence.
4. Federal habeas corpus. This is the fourth level and is the only exclusive way that a state capital defendant can challenge a death penalty in a Federal court. It exists for the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Capital punishment the United States Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Capital punishment the United States Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/miscellaneous/1531762-capital-punishment-the-united-states
(Capital Punishment the United States Essay Example | Topics and Well Written Essays - 1500 Words)
Capital Punishment the United States Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/miscellaneous/1531762-capital-punishment-the-united-states.
“Capital Punishment the United States Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1531762-capital-punishment-the-united-states.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Capital punishment the United States

Capital Punishment

...? Capital Punishment Summary There is much debate surrounding the imposition of capital punishment in the legal system. Those who oppose capital system assert various grounds including injustice in the legal system and protecting the value of life. On the other hand, the main assertion by advocates of the death penalty is that it helps to deter prospective crimes. Another assertion is for exercise of justice. However, even the opponents deem that there is injustice in imposing capital punishment. There is much controversy since opponents indicate that death penalty does not produce deterrence in reality. Introduction...
8 Pages(2000 words)Research Paper

Capital Punishment

...source for the Church to tolerate the capital punishment meted out by any State or government for dreadful crimes. Since Church leaders are normally bound to adhere to the Sacred Scriptures and Sacred Traditions. Accordingly, the Magisterium has never expressly supported the idea of abolishing capital punishment, but neither does it specify in any way that using it is necessarily required and should only be implemented rarely because respect for all human life is a must. This means that even the most hardened criminal whom we see as lower than any animal must be given human dignity despite his or her deeds; and should be given the chance to repent and...
4 Pages(1000 words)Essay

Capital Punishment

...?Introduction Capital punishment is a debate on many levels – moral, legal, personal. The points raised range from whether the eye for an eye mentality is archaic to whether another human has a right to kill another just because one has committed a crime. These questions, and more, lead to the complexity of the death penalty debate. This paper will explore the moral reasoning for and against capital punishment, whilst taking into account two very different cases where the death penalty was used in the United States. The History of Capital Punishment The history of capital...
8 Pages(2000 words)Research Paper

Position Paper: Ban of Capital Punishment in the United States for Convicted Criminals

...and Cons of Capital Punishment”). The present study focuses on the debate of the possibility of ban of capital punishment within the range of punishments meted out to convicted criminals in the United States and discusses the evidence and arguments in support of the statement. Capital Punishment should be banned in the US: Arguments and Evidence: Banning the capital punishment would enable US to work more in tune with the global community. Such a ban might also allow other countries to leave the criminals so that they can return to the US. It is also a...
4 Pages(1000 words)Essay

Capital Punishment in the United States

...and progress cannot be guaranteed by the death of such people but on the total reformation of the society that man in his search for truth must first clear himself of any doubt before he considers something as right and just that no one among us, in our limited knowledge could guarantee the infallibility of imposing death penalty. As the truth tells us that we cannot contest the ultimate truth, what is extremely right, as we, all know that God's law is absolute since the righteousness of something lies in infallibility and incorruptibility. Works Cited Cochran, Sarah. "Death Penalty" The Cornell University Website. 27 June 2008. Cornell University. 31 Mar 2008...
5 Pages(1250 words)Essay

Capital Punishment in the United States

...Capital Punishment in the United States A Political Science Perspective Capital punishment has always been a controversial issue anywhere in the world, and has been synonymously used with the death penalty. It is commonly viewed as unethical and immoral means of punishment upon those that are found guilty of having committed heinous and violent crimes. Various governments and political entities differ on their views of capital punishment and thus, its practice is more common in some areas of the world than in others. The situation in the United States...
3 Pages(750 words)Essay

Capital Punishment

... Capital PunishmentPunishment for crimes which are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. This amendment is often invoked when discussing the legal merits of the death penalty. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death. Opponents also maintain that the practice is racially biased, overtly costly and does not achieve the intended outcome. Proponents believe it to...
2 Pages(500 words)Essay

Capital Punishment

...Capital punishment broadly refers to ‘death penalty’ for the criminal as the only option for serious crime committed by him or her. The concept of punishment has evolved as a justified step making the criminal realize his act of omission and offense that is committed and also as an attempt to give justice to the person or people against whom it has been committed. The changing paradigms of the emerging new pluralistic society have necessitated the need to study the wider implications of punishment for the various types of crimes that are becoming a regular feature of the American society. Despite increasing crimes, I am against capital...
2 Pages(500 words)Essay

Capital punishment in the United States and around the world

...Sociology Capital Punishment in the United s and Around the World Capital Punishment Introduction " There will be no lasting peace either in the heart of the individuals or in social customs until death is outlawed" Albert Camus. There has been persistence in legal, moral, and political controversies over capital punishment during the last 150 years. However, abolition groups were only moderately well organized during three periods in United States history. Those periods were the 1840s, 1910s, and late 1950s. These abolitionists only resulted in severe restriction of the death penalty in 10 states in 1962. However some other things came out of the abolitionist movements. Some of those being the Supreme Court ruling against racial... in the...
7 Pages(1750 words)Term Paper

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

...Amendment of the United States Constitution. In the case of Kennedy v. Louisiana, 554 U.S. 407 (2008), involving the rape of a 12 year old girl by his stepfather, the ruling was against the death penalty. It was argued that one should not be sentenced to death since the victim did not die. They laid out debate that it was unfair to kill such a criminal since it was not a capital offense compared to other cases involving outright murder. There is a trend showing that with the passing of time, capital punishments had to be revised so as to allow justice and consistency in the rulings of court. No evidence has shown that the death penalty had an effect...
1 Pages(250 words)Essay
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 the United States for FREE!

Contact Us