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Institutional racism has been outlawed for more than 50 years but racism within the legal system continues unabated. Racial profiling insures more minorities in jail and, by extension, a larger ratio are put to death. The death penalty is patently and obviously unfair to minorities.
Whether or not it is cruel is not definable by law. It can only be defined by the collective social conscious of a culture. The legal interpretation of ‘cruel and unusual’ is somewhat open to debate but in general, the term ‘cruel’ refers to brutal punishments that cause excessive pain. Most legal experts agree that punishments including bodily dismemberment or torture are undoubtedly classified as cruel. Again, terminologies are open to interpretation as evidenced by the current debate at the highest level of government involving the definition of torture. The term ‘unusual’ is commonly understood to define the equitable application of punishment for a particular offense. For example, if ten people were cited for speeding and nine of them were fined $100 but one was fined $1000, this penalty would be considered ‘unusual.’ Taken together, both ‘cruel’ and ‘unusual’ indicate that the punishment should be exacted in proportion to the offense committed. A life term in prison is an acceptable form of punishment but if it were imposed for jaywalking, this would be an unacceptable sentence because it would be considered excessive given the severity of the offense. Excessive is also open to wide interpretation in both the public and legal realm. Some would argue, for example, that imprisonment of any amount of time for ‘crimes’ such as gambling, prostitution and the possession of drugs should be interpreted as excessive therefore ‘unusual.’ By definition, capital punishment is not unusual, legally speaking, unless one considers and acknowledges the racial bias that exists in the justice system.
Capital punishment opponents claim
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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 penalty the most, and it is a very solid form of teaching the people a lesson.
Capital punishment has been abolished in many countries across Europe, Latin America although it is still retained in some parts of Asia and Africa1. In non democratic countries, especially in Middle East, capital punishment is still quite common. Capital punishment is usually given for murder, treason and in Muslim countries it is also given for sexual and religious crimes2.
In United States the legal administration of it is complex it involves four critical steps: 1. Sentencing 2. Direct Review, 3. State Collateral Review 4. Federal Habeas Corpus. (www.aclu.org).
The first established death penalty laws date as far back as the Eighteenth Century B.C.
Some people have said that by allowing the killing of a criminal, it will only teach others that revenge is what capital punishment is all about, instead of seeing it as a means to removing a danger permanently from society.
In analyzing capital punishment, a person must look at it from all angles.
Supporters believe that the penalty is justified (at least for murderers) by the principle of retribution, that life imprisonment is not an equally effective deterrent, and that the death penalty affirms the right to life by punishing those who violate it in the most strict form.
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 previously talking about revenge in this case are the same people who said that McVeigh is diverse-that approach of "I'm against the death penalty/capital punishment except for.
Indeed, the likelihood is great that the punishment is tolerated only because of its disuse." Provide an analysis of how issues of public opinion indicate support or rejection of Brennan's reasoning. What is the Marshall hypothesis and what role does it play in the support or rejection of Brennan's argument Include both national and international examples in your response.
Rabbah, 1987). With the appearance of God, the rationale for imposing the capital punishment shifted from private revenge to a divine one.
The first capital punishment law was the lex talonis of the God of Hamurabi (M.H. Reggio, 2008). Later, in the seventh century BC, the Draconian Code of Athens prescribed death as a punishment for all crimes.
In addition, there exist a number of arguments in favor of and against death penalty. Thesis statement: Death penalty or capital punishment is a controversial issue but the same is the best possible way to provide justice to the victim, not the
It gives an explanation of how it is used to be executed during the colonial days and the changes it has undergone over the years with human progression. It also explains its effects to the victims as well as to the society.
This article focuses on the ethics of death
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