The Constitutionality Of Capital Punishment - 1726 Words

Since the 1970 s, almost all capital sentences in the United States have been imposed for homicide. There have been intense debates among Americans regarding the constitutionality of capital punishment. Critics charge that executions are violations of the â€Å"cruel and unusual punishment† provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia, the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States, a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the f irst state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 Americans’ support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility, andShow MoreRelatedThe Constitutionality Of Capital Punishment Essay1970 Words   |  8 Pageswhy there is such diversity. Most controversial subjects are brought into the light after something happening that relates to it. Capital punishment is one issue that, for the most part, is always a topic of interest. There are many extremists on each side of the argument, and there are also many issues that make up this debate. The constitutionality of capital punishment is one of the most debated issues. It’s a question of ethics and of its effectiveness. Execution has been a popular way to dealRead MoreThe Constitutionality Of Capital Punishment1625 Words   |  7 PagesCapital punishment is a form of taking someone s life in order to repay for the crime that they have committed. Almost all capital punishment sentences in the United States of America have been imposed for homicide since the 1970 s. Ever since the reinstatement after 38 years of being banned, there has been intense debate among Americans regarding the constitutionality of capital punishment. Critics say that executions are violations of the â€Å"cruel and unusual punishment† provision of the EighthRead MoreThe Constitutionality Of Capital Punishment2105 Words   |  9 PagesA major discussion and legal issue that has been the topic of major debates across the world is the legality of Capital Punishment. Capital Punishment, also known as the death penalty, is defined as â€Å"the legally authorized killing of someone as a punishment for committing a crimeâ⠂¬  (Oxford, n.d.). The issue has been undecided by the federal government, which gives the states the right to determine their own laws on the issue. Some states have outlawed the death penalty while others still use thisRead MoreEssay about The Debate Over Capital Punishment1141 Words   |  5 Pages The debate over capital punishment has been raging on for countless number of years. Capital punishment has been used for thousands of years due to the physiological fear it inflicts on the people who witness and learn about the death penalty. The use of this punishment has helped to reduce crime and alter the minds of future criminals to deter them against committing heinous crimes such as murder, treason, espionage, terrorism and in some cases aggravated kidnapping. Advocates say it deters crimeRead MoreCapital Punishment : Deontology Vs. Consequentialism1165 Words   |  5 Pages Capital Punishment: Deontology vs. consequentialism Subject: Analyze the deontological and consequentialist arguments on both sides of the issue of capital punishment in Gregg v Georgia. In this paper I will present the moral arguments of deontology and consequentialism used to determine whether or not using the death penalty was in fact constitutional. I will present both sides of the arguments and present them in the context of this trial and of similar situations where the arguments couldRead MoreThe Death Penalty : Costly, Counterproductive, And Corrupting1678 Words   |  7 Pagescrime: costly, counterproductive and corrupting; 35 Santa Clara Law Review 1211 (1995) Summary paragraph: In Stephen Bright’s article, â€Å"The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting† Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claimRead MoreThe Death Penalty Is Justified1143 Words   |  5 PagesObjective paper on the death penalty Capital punishment is legally authorized killing as punishment for a crime. The death penalty questions the morality of killing a person as justification for their crime. It also brings to question whether the death penalty actually serves as a deterrent for crime, and that some of the people executed are found innocent afterwards. The debates over the constitutionality of the death penalty and whether capital punishment should be used for retribution are alsoRead MoreShould Capital Punishment Still be Used in the American System1260 Words   |  6 PagesCapital punishment, also known as the death penalty, â€Å"is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person† (usliberals.about.com). â€Å"Most death penalty cases involve the execution of murderers.† Capital punishment can also be â€Å"applied for treason, espionage, and other crimes† (ProCon.org Death Penalty ProCon.org) . The death penalty is done â€Å"primarily by means of lethal injection† (ProCon.org Death Penalty ProConRead MoreCapital Punishment and its Controversies 1434 Words   |  6 PagesCapital punishment uses death penalty as a form of punishment in many states and countries. It is a practice that has raised endless questions all over the world. Capital punishment or death penalty policy has changed in many countries overtime. Countries such as, New Australia, Zealand and 15 states in the US do not have capital punishment. One of the major concerns arising with capital punishment is because it causes ending of a human life. People and organizations of different backgrounds areRead MoreThe Case Against Death Penalty: Article Analysis1694 Words   |  7 Pagesconsenting adults. While there have been ongoing calls to abolish this sentence, capital punishment is still used in some cases on the basis that international law does not prohibit the death penalty. However, its now appar ent that many nations across the globe are abolishing capital punishment as evident in the fact that various international treaties now outlaw the death penalty. One of the major reasons capital punishment has largely been used in the past is the publication of various studies that