In Furman V. Georgia (1972), the Court held the death penalty is a violation of the Eighth Amendment. Furman quickly gave rise to the controversial issue of capital punishment. As a result, several states adopted laws requiring juries to consider aggravating factors (justifying the imposition of capital punishment) and mitigating factors (justifying the imposition of an alternative sentence to the death penalty based on the aspect of the defendant’s character and/ or record) (O’Brien).
In Gregg V. Georgia (1976), the Court upheld Georgia’s statute specifying the aggravating and mitigating circumstances for imposing the death penalty and providing two separate trials: one for guilt and the other for punishment. Gregg reversed Furman. According to Kenneth Haas, the aftermath of Gregg led the Court to be aware: death is a different kind of punishment from any other and there should be fairness and consistency in determining the sentence. I agree. When determining a decision there should be consistency in making a decision. However, the Court must also take into account the facts and issues of the case. As stated in Lockett, every case for the individual is different.
In Lockett V. Ohio (1978), with a six to three vote, the Court held states...
... middle of paper ...
...el and unusual punishments inflicted.” If we as a society accept the death penalty then we are morally wrong. Protected under the Constitution, “No person shall be deprived of his or her LIFE, liberty, and property under Due Process of law.” These fundamental rights, primarily LIFE, apply to capital punishment- the death penalty. I agree. There should be consequences for committing a crime, but retaliating in the motion to killing the offender is not just.
Haas, Kenneth. “The Emerging Death Penalty Jurisprudence of the Roberts Court.” 6 Pierce L. Rev. 441 (March 2008).
O’Brien, David M. Constitutional Law and Politics. 7th Ed. 2008. W.W. Norton & Company, Inc., 500 Fifth Ave, New York, NY. 10110.
Peyton, Thomas. “State v. Kennedy: Death Penalty for Non-Homicidal Aggravated Rape of a Child.” 9 Loy J. Pub. Int. L. 87 (Fall, 2007).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Welcome to America, the land of the free, of the prosperous, of the opulent. America the Beautiful, one of the only places in the world where all citizens regardless of race, background, or social class are constitutionally guaranteed life, liberty, and the pursuit of happiness—that is unless you're on death row. In modern day America we are still faced with the antiquated ritual of capital punishment, a practice that interferes directly with the law of the land. The same forms of punishment used during the middle ages are still in effect today, the same ideas that should have been abolished had the U.S.... [tags: Anti Death Penalty Essays]
1099 words (3.1 pages)
- Protected under the Constitution, “No person shall be deprived of his or her LIFE, liberty, and property under Due Process of law.” These fundamental rights, primarily LIFE, apply to capital punishment- the death penalty. For years, the Court has deliberated decisions in regards to the death penalty and countless times they have overthrown previous decisions. This in no way means laws, under the Constitution, have changed; however, the Court and our interpretation(s) of the law have changed. In Furman V.... [tags: Anti Death Penalty Essays]
1244 words (3.6 pages)
- The Death Penalty does not promote retribution, reconciliation, or rehabilitation; instead it fuels revenge and thus, it should be put to death. The Death Penalty is as old as humanity. Over the years executions were carried out by hanging, crucifixion, boiling until dead, firing squad, drowning, beheading, and lethal injections. It is viewed as a way to discourage crime and free mankind from dangerous criminals. An important fact to note is in Europe in the middle Ages as well here in America, the social status of a condemned person often influenced was the individual was executed.... [tags: Violation of Rights]
772 words (2.2 pages)
- A Non-Pacifist Argument Against Capital Punishment ABSTRACT: In this paper I present a moral argument against capital punishment that does not depend upon the claim that all killing is immoral. The argument is directed primarily against non-philosophers in the Judeo-Christian tradition. Oddly, the moral argument against capital punishment has not been effective in the United States despite the biblical injunction against killing. Religious supporters of the death penalty often invoke a presumed distinction between ‘killing’ and ‘murdering’ and avow that God forbade the latter but not the former.... [tags: Argumentative Persuasive Papers]
2773 words (7.9 pages)
- Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes.... [tags: Persuasive Essays, Argumentative Essay]
2208 words (6.3 pages)
- Capital punishment is the punishment of death for a crime given by the state. It is used for a variety of crimes such as murder, drug trafficking and treason. Many countries also have the death penalty for sexual crimes such as rape, incest and adultery. The lethal injection, the electric chair, hanging and stoning are all methods of execution used throughout the world. Capital punishment has been around since ancient times; it was used in ancient Rome, and one of the most famous people to be crucified was Jesus Christ.... [tags: Argument Against Death Penalty]
869 words (2.5 pages)
- Should murderers and rapist be given the death penalty. Should you kill someone because they killed another. If you’re for or against capital punishment we can all agree that, one who commits a crime should be punished. Picking a side for capital punishment is a hard one because no one case is the same as the last one. Convection someone to capital punishment would cost more than just sending them to prison “One Ohio trial judge estimates a death penalty trial will cost 3-4 times as much as life-without-parole trail.” Study also shows that death penalty costs average as much as $10 million more per year per state than life sentence costs.... [tags: Argument Against Death Penalty]
909 words (2.6 pages)
- "What says the law. You will not kill. How does it say it. By killing!" -Victor Hugo, author of Les Misérables Capital punishment, also known as the death penalty, is the practice of killing criminals or accused criminals (Issitt, Micha L.Newton, Heather.) In most Western countries still using this practice, death by lethal injection is most common(“Forms of Execution in the United States”) and in the United States federal capital punishment is mostly used in cases of first degree murder or murder in which the killer meant and planned to kill the victim or victims, but is also used for espionage and treason(Federal Laws Providing for the Death Penalty.) Many other Western countries have ban... [tags: Argument Against Death Penalty]
1873 words (5.4 pages)
- The debate over capital punishment in the criminal justice system is intense Capital punishment is the killing of someone authorized by law for committing a heinous crime. It is currently practiced in thirty-two states. While both sides have a valid viewpoint concerning this issue, the bottom line is that capital punishment is not a deterrent to heinous crimes committed throughout the United States. Factors such as race and socioeconomic status also affect the outcome of the person who committed the crime.... [tags: Argument Against Death Penalty]
1398 words (4 pages)
- Argument Against the Death Penalty Life is sacred. This is an ideal that the majority of people can agree upon to a certain extent. For this reason taking the life of another has always been considered the most deplorable of crimes, one worthy of the harshest available punishment. Thus arises one of the great moral dilemmas of our time. Should taking the life of one who has taken the life of others be considered an available punishment. Is a murderer's life any less sacred than the victim's is.... [tags: Argumentative Persuasive Capital Punishment]
3429 words (9.8 pages)