Capital Punishment Essays
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Thursday, August 16, 2012
The Legal Issues in Imposing Capital Punishment
For a more comprehensive discussion of the legal process involved and the legal issues related to capital punishment visit Andrew Friedman's blog.
In his blog, he discussed about the history of death penalty in the United States and the number of states imposing death penalty. He also discussed the legal proceedings involved when a person is sentenced to death. More importantly, he also discussed the sensitive issue of the possibility that innocent individuals have been executed and what happens to a person who is released from prison after being wrongfully executed.
It is very comprehensive discussion and any student who is writing an essay on capital punishment should see it first.
Follow the link below for his essay.
The Morality of Capital Punishment
Discuss capital punishment and the moral dilemma it presents
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This is a free essay on the morality of capital punishment. We are the most affordable and reliable essay writing company in the United States and the United Kingdom. If you need help we will write well written essays on capital punishment and virtues in the execution of Troy Davis at very affordable costs starting at $7.50/page.
An ancient proverb provides that “an eye for an eye, a tooth for a tooth”, while the Code of Hammurabi in the 18th
century B.C. likewise says that “if a man put out the eye of another
man, his eye shall be put out, if he break another man’s bone, his bone
shall be broken. These moral principles are the foundation of capital
punishment. For centuries, the laws of many states adhere to and enforce
capital punishment as a deterrent against heinous crimes. In essence,
capital punishment is usually being observed to preserve peace and order
and to prevent anarchy in the society. However, the enforcement of
capital punishment raises some religious, moral and ethical issues since
it involves the killing of convicted criminals and depriving them of
their natural right which is the right to life.
The
principle of morality states that the taking of one’s life is wrong in
all aspects notwithstanding the seriousness of the crimes and
wrongdoings of such person. On the other hand, capital punishment is
enforced to provide justice to the victims of the crimes. In reality,
both views are based on valid and solid grounds but one issue that calls
for further evaluation is which of these two opposite views will
produce greater benefit to the society in general.
As
deterrent against crime, studies show that capital punishment
significantly decreases the crime rate in most states which strictly
enforce the law on capital punishment. Based on the study, prior to the
enactment of Anti-terrorism and Effective Death Penalty Act in 1996, the
murder rate in California was 9.1 persons out of every 100, 000 people
(Helen Chen). In the year 2008, the murder rate had declined to 5.8
persons out of every 100, 000 people (Helen Chen). Likewise, in 1996,
the murder rate in Alabama was 10.4 persons out of every 100,000 people
(Helen Chen). The murder rate had significantly decreased dropped to
5.4 in 2004 (Helen Chen).
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The
decrease in murder rate as a result of strict enforcement of capital
punishment has not only been experienced in the US but in other
countries as well. Countries like China and Singapore which have the
highest execution rate in the world are presently experiencing low crime
rates.
Recent
studies also show that capital punishment improves the prison system
since it consequently reduces congestion in prison cells. However, the
aforementioned issue may raise moral question like, why does the state
need to kill persons convicted of heinous crime in order to solve the
issue on inefficient prison system? But it bears stressing that the
effect of capital punishment in the decongestion of prison cells is mere
incidental to the primary purpose of death penalty which is to enforce
justice and to deter criminals from committing heinous crimes.
Most
states that observe capital punishment have noble intention of
enforcing it which is to preserve the order and protect the welfare of
the society. Thus, it is worthy to note that the life of one criminal
who was proven guilty of a heinous crime beyond reasonable doubt is
worth the sacrificing for the benefit, safety and security of the entire
society. The imposition of capital punishment may be immoral but the
preservation of order and welfare of each individual shall be the
primary consideration and shall prevail over all moral issues.
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Essay on Execution of Troy Davis
Are you looking for a persuasive essay on capital punishment or death
penalty? Are you searching for an essay on the execution of Troy Davis?
Do you want to add information in your essay to make it more impressive?
A few months ago, Troy Davis who was convicted of killing MacPhail was
executed. Before that he filed a final appeal with the state of Georgia
and 7 of the 9 witnesses against him had recanted their testimonies.
The United States Supreme Court also denied his application to stay the
execution.
As a backgrounder, Davis was pistol-whipping a homeless man after asking him for a beer when MacPhail who was working as a security guard rushed over to help him. It was alleged that Davis had a smirk on his face when he shot MacPhail in a Burger King parking lot.
As a backgrounder, Davis was pistol-whipping a homeless man after asking him for a beer when MacPhail who was working as a security guard rushed over to help him. It was alleged that Davis had a smirk on his face when he shot MacPhail in a Burger King parking lot.
The execution of an individual, such as what happened to Troy Davis, is
always contentious issue. It is a contentious issue because it
involves the interplay of several virtues which are being observed in
the United States Constitution and the American society.
On one hand, the victims and the relatives of the victims are asking
for closure. The courts also want the doctrine of the finality of all
judgments to be enforced. This means that all litigations have to end
somewhere. When the issues have been resolved and all legal measures
have been taken including an appeal, then only recourse is to implement
the decision of the trial courts.
On the other hand, the defendant who asks for a stay in his execution
is also seeking to exhaust all legal remedies that the constitution has
provided him. In the news article entitled “Troy Davis and
constitutional virtues”, Marc Osler, a professor of law and a federal
prosecutor, said that those who are seeking a stay in the execution are
banking on the virtues of due process and clemency.
Under the doctrine of due process, all individuals who are accused of a
crime are entitled to exhaust all legal remedies to defend himself.
This is a protection that is guaranteed to make sure that the person to
be executed is indeed guilty of the crime charged. The defendant who
is also seeking for a stay in the execution is only asking for mercy.
When there is doubt on the guilt of the inmate who is about to be
executed is it only right for the courts to grant the stay in execution
so his case can be reviewed?
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Argumentative Essay Against Capital Punishment
If
there are people who are in favor of capital punishment, there are also
those who want it to be abolished. According to the Abolitionists,
capital punishment is nothing but an act of violence. There is nothing
more inhumane than tolerating the killing of another human being. It is
indeed very paradoxical that the state will allow the execution of a
human person as a solution to crime and violence. It is said that:
“legalized homicide as punishment is generally inconsistent with the
values it is presumed to protect, and in a broader context is demeaning
of the dignity of human life. “ (Capital Punishment: British Columbia
Civil Liberties Association, p.1)
Violence
will never be the right solution to the rising criminality. It bears
stressing that when the society tolerates execution as a solution to
criminality, in effect, we are leaving an imprint on the minds of the
youth that the proper approach to violence is to impose violence.
Violence begets violence. It is sad that when this happens we are
legitimizing violence in our society. Thus, the Abolitionists argue
that capital punishment should be abolished because it degrades the
value of human life.
Capital
punishment is also perceived to be beneficial for the society because
it deters the criminal from committing another crime and it prevents the
other criminals from committing the same crime. It must however be
emphasized that until now there has been no scientific literature that
will prove that there is a causal connection or a cause and effect
relationship between capital punishment and the commission of a crime.
Further,
there is empirical research that will prove that a great majority of
crimes being committed in our contemporary society are either crimes of
passion or crimes that are not premeditated or planned. Logic will tell
us that if a crime is committed in a fit of rage and anger then the
thought of being executed for a would-be criminal offender will not
serve any deterrent purpose because at the time of the commission of the
crime he is no longer capable of making rational calculations about the
benefits and disadvantages of his actions.
The
third objection against capital punishment is that it is always
possible that an inmate who is on death row may turn out to be
innocent. There are flaws in every criminal justice system. We adopt
the adversarial system wherein the prosecution and defense have
sufficient freedom to control the manner and process of presenting
evidence. In this system, the judge acts merely as a passive arbiter
who ensures that everything is in order and decides on the issues
presented to him. In this system, the prosecution lawyers in their
haste to “win” their case, more often than not, are obsessed not with
finding the truth but with the conviction of the accused. The public
prosecutors, on the other hand, are already burdened with the number of
cases they are currently handling that they can no longer adequately
defend the cause of the accused.
The
result is that we have a justice system wherein only those who can
afford the best lawyers can be adequately represented or defended in
court. In this justice system the accused is at the mercy of the public
prosecutor. Thus it is not surprising that most people who are
languishing in jail are those living below the poverty line who have no
means to pay for a competent lawyer to defend themselves in a court of
law. On the other hand, those who are financially capable can hire
skilled lawyers who can assist and defend them. Thus, Christina Swarns
(2004) states that:
“The
primary reason for this economic disparity is that the poor are
systematically denied access to well-trained and adequately funded
lawyers. Capital defense is now a highly specialized field requiring
practitioners to successfully negotiate minefield upon mine field of
exacting and arcane death-penalty law. Any misstep along the way can
literally mean death for the client” (Christina Swarns p 3)
Death
penalty is a process that is irreversible. Once it is imposed it can
no longer be taken back by the state. In the past, there have always
been cases where a convict was perceived by the public to have been
arbitrarily imposed the capital punishment. (Bryan Vila, & Cynthia
Morris, p.169) It bears stressing that when a person is sentenced to
death, he can no longer be benefited by any amendments in laws.
Likewise, he can no longer be benefited by the possibility that new
evidence will be discovered that will exonerate him. It bears stressing
that no less than scientific evidence has in the past been used to
reverse past convictions. A study conducted by Bruce Robinson (2002)
states that at least 350 people between 1900 and 1985 in America
might have been innocent of the crime for which they were convicted,
and could have been sentenced to death.” (Bruce Robinson, p.2)
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Argumentative Essay In Favor of Capital Punishment
Capital
punishment or death penalty is the penalty of death for a person
convicted of a serious crime. It is derived from the Latin word
‘capitalis’ which means ‘of the head.’ The penalty is so-called since
centuries ago beheading was the most frequent form of punishment for
serious crime. Among the current methods of implementing capital
punishment are firing squad, hanging, electrocution, gas chamber and
lethal injection.
Capital
Punishment is still being imposed in some states. Because we adhere to
the federalism as a form of government, our Constitution gives
sufficient freedom to the individual states to make to their own laws
and to determine the proper imposable penalty for their violations.
Thus, some states allow capital punishment and still impose it depending
on the nature of the crime committed.
A
review of the laws of the different states will reveal that 38 of these
states still impose capital punishment. On the other hand, 12 States
and the District of Columbia have abolished the capital punishment. (“US Supreme Court Rules on Death Penalty Sentencing” p.1)
It
bears stressing that as early as 1976, no less than the highest court
of this land, the United States Supreme Court has ruled that the
imposition of capital punishment does not violate the constitution.
(Franklin E. Zimring, p. 143) It is not a cruel and inhuman punishment
as discussed in the case of Gregg v Georgia (428 US 153). Any question therefore on the constitutionality of the capital punishment is already well-settled.
The
only change in the past years among the states which impose it is the
movement towards a less painful and more humane executions. Firing
Squad, Hanging and Guillotine which were practiced before were gradually
replaced by electrocution and gas chamber. Now, most states use the
method of lethal injection which is perceived as the quickest, least
painful and most humane than the other methods of executions.
Arguments in Favor of Capital Punishment
There
are two opposing forces on the issue of capital punishment: a) the
abolitionists or those who argue in favor of the rejection of capital
punishment; b) the retentionists or those who argue in favor of the
propriety of capital punishment.
The
Retentionists rely on two main theories as justification for the
imposition of capital punishment: The Retributivism Theory and the
Utilitarianism Theory. According to the theory of Retributivism, the
imposition of capital punishment for certain crimes is allowed because
the convicted prisoner deserves it. This is also known as the doctrine
of ‘just desert’ which is founded on the “eye for an eye, tooth for a
tooth” philosophy. When a person causes damage to another, an imbalance
between the two parties is created and the imposition of capital
punishment against the wrongdoer removes the unfair advantage and
restores the balance.
The
advocates of the Retributivism Theory argue that no less than God
himself in the Old Testament institutionalized the legitimized the
imposition of capital punishment against a criminal offender. Consider
also this biblical passage in the Book of Exodus which confirms that
punishment is not immoral: “If men who are fighting hit a pregnant woman
and she gives birth prematurely but there is no serious injury, the
offender must be fined whatever the woman's husband demands and the
court allows. But if there is serious injury, you are to take life for
life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn
for burn, wound for wound, bruise for bruise.” (Exodus 21:22-25.) This
only confirms that there is a biblical foundation for the imposition of
capital punishment.
The
advocates of capital punishment argue that their position on this issue
is founded on the Utilitarian Theory. They believe that we will have a
better and peaceful society if capital punishment is imposed.
According to them, based on the principle of utility, we must first
determine the consequences of carrying out the punishment. If
punishment will most likely produce benefit to the greater number of
people then there is no reason for not imposing it.
In
simpler terms, the idea is that if we are to weigh the positive effects
of punishment as against its negative effects and the positive effects
outweighs the negative ones then it has to be imposed. This theory
somewhat looks forward and considers the consequences of imprisonment to
the society.
Capital
punishment is considered beneficial for the society because it deters
and hinders the commission of more crimes by other persons. The idea is
that if the state imposes a stricter policy against crime it is a
manner of showing to the future offenders the kind of punishment they
will receive if they violate a certain law. It is also a declaration on
the part of the government that it is engaged in a war against crime
and against the violators of the law. Once the people who are
contemplating on committing crimes see that the commission of a crime
has serious consequences for him then this will have a positive effect
of deterring criminality. Although it may not altogether stop the crime
of murder it will however reduce it.
The
Utilitarians argue that the society will be benefited from the
execution of convicted murderers of the convicted prisoner because
executing a convicted offender will incapacitate him from further
committing a crime. When a person commits a crime, he is regarded as a
danger to the society. Thus he needs to be separated from the society
in order to prevent him from committing another crime. Capital
punishment is imposed to protect other members of the society.
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Argumentative Essay on Lethal Injection
Introduction
Hanging was one of the earliest methods of execution used in the United States. As a punishment for violation of certain crimes, hanging was considered very effective because of its simplicity and social impact. It was simple because it only required a tree and a rope to be implemented. It was effective because it allows the rest of the community to witness the offender’s execution and consequently sends a strong message to the community about the severe punishment of crime.
There are however certain imperfections in the use of electrocution. One of the most common problems encountered in electrocution are burning of the portions of the inmate’s body; eyeballs sometimes pop out and rest on his cheeks; flesh swells and skin stretches; sometimes the procedure fails to cause instant death and there is a need to administer repeated shocks. (“Methods of Execution”)
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Hanging was one of the earliest methods of execution used in the United States. As a punishment for violation of certain crimes, hanging was considered very effective because of its simplicity and social impact. It was simple because it only required a tree and a rope to be implemented. It was effective because it allows the rest of the community to witness the offender’s execution and consequently sends a strong message to the community about the severe punishment of crime.
As
technology developed, changes were also made in the implementation of
capital punishment. In the 1890s, there was a radical change in the
manner executions were made as the state of New York
utilized electrocution in implementing the death penalty. (Richard C.
Dieter 2) The shift from hanging to electrocution can be interpreted
as a shift in the attitude towards capital punishment. While in hanging
every member of the community is made a participant in the execution by
acting as a witness, electrocution emphasized on privacy. Moreover,
since electrocution takes place inside a private room, the incidences of
unruliness on the public are avoided. The shift can also be
interpreted as the first concrete step towards the search for a more
humane, quick, less painful means of executing criminal offenders.
There are however certain imperfections in the use of electrocution. One of the most common problems encountered in electrocution are burning of the portions of the inmate’s body; eyeballs sometimes pop out and rest on his cheeks; flesh swells and skin stretches; sometimes the procedure fails to cause instant death and there is a need to administer repeated shocks. (“Methods of Execution”)
Because
of the inefficiency of the electrocution to effect a more humane way of
execution, gas chamber was used as an alternative and the use of
cyanide gas was introduced in Nevada
in 1924. Lethal injection is just a continuation of the state
searching for the most humane method of punishing a criminal offender.
In search for the most humane, less painful and quickest means to execute criminal offender, the United States was the first country to perform executions by lethal injection in 1982 although Oklahoma as early as 1977 had passed legislation allowing lethal injection. China subsequently followed and became the second state to adopt lethal injection in 19977.
In the United States,
Charles Brooks was the first convicted criminal to have been executed
through legal injection on December 2, 1982. It is said that 38 states
are currently adopting this method of execution. (“Descriptions of
Execution Methods”) As of July 1, 2006,
861 of 1,029 (81%) executions performed since 1976 have been by lethal
injection, including 375 of the last 378 executions. (“Methods of
Execution”)
It
is presently considered as the most humane and least painful means of
execution. This method makes use of a combination of three drugs: a)
sodium thiopental or sodium pentothal which is a barbiturate that
renders the prisoner unconscious, b) pancuronium bromide which is a
muscle relaxant that paralyzes the diaphragm and lungs and c) potassium
chloride which causes cardiac arrest. In this method, the convicted
individual is first escorted into the gas chamber and is strapped into a
gurney with ankle and wrist restraints. He is then connected to a
cardiac monitor which is connected to a printer. Two needles are then
inserted into the person’s veins, usually in his arms. The needle is
connected to long tubes which contain harmless saline solution that is
started immediately. Then, he is injected with sodium thiopental. Then,
pancuronium bromide is injected to the convicted person. Finally, the
flow of potassium chloride stops the heart. Death results from
anesthetic overdose and respiratory and cardiac arrest while the
condemned person is unconscious.
Eighth Amendment Argument against Lethal Injection
Despite
the evolution in the manner convicted criminal offenders are being
executed and the use of modern medical methods of execution, there are
still those who oppose lethal injection and argue that it can cause
unnecessary pain and suffering. Specifically, lawyers for the accused
in Kentucky challenged
the use of three-drug combination arguing that lethal injections
violate the Eighth Amendment prohibition against cruel and unusual
punishment. In view of these oppositions, executions in the United States have been stopped pending the resolution by the Supreme Court on this case.
The
opponents of lethal injection who are anesthesiologists and end-of-life
doctors argue that if a person is not properly anesthetized the
paralyzing drug which is the second drug injected will prevent the
inmate from being able to indicate any pain or distress. (Eric Weiner
1) The third drug will make matters worse for the inmate as he will
only feel as if he is slowly being suffocated. This experience will be
excruciatingly painful for him and he will most likely feel burning
sensation in his veins.
Baze v. Rees
The
argument that lethal injections violate the Eighth Amendment has
already been settled by the Supreme Court in the case of Baze v. Rees,
217 S. W. 3d 207 (2008). In ruling that lethal injections do not
violate the prohibition on cruel and unusual punishments, the Supreme
Court made the following declarations, to wit: 1) The case of Gregg v.
Georgia, 428 U.S. 153 (1976) has declared that capital punishment is
constitutional. This only means that the constitution accepts the fact
that pain cannot be absolutely avoided in capital punishments. No
matter how humane the method is, it must follow that there will always
be pain associated with capital punishment. Thus, it can be inferred
that in order to comply with Eighth Amendment it does not demand the
avoidance of all risk of pain in executions; 2) Although it may be true
that there is a significant risk that the procedures in lethal
injections may not be properly followed, and that the execution may
result in pain, either because of accident or as an inescapable
consequence of death, it does not follow that the punishment violates
the Eighth Amendment prohibition on cruel and unusual punishment; 3)
While it may be true that there are other safer and less painful
alternative to lethal injection, as claimed by the opponents of lethal
injection, it also does not follow that lethal injections violate the
Eighth Amendment. To allow opponents of capital punishment to establish
that a violation of Eighth Amendment had taken place merely by virtue
of presenting other alternatives, which they claim to be less painful
and more humane, would in effect convert the courts to board of inquiry
which shall be responsible for determining the best practices for
executing criminal offenders; 4) lethal injections do not violate the
Eighth Amendment because the same is accepted the 36 states that
consider lethal injection as the preferred method of execution. The
same states utilize the three-drug combination in their executions. It
must be stressed that none of the states presently use the one-drug
alternative being proposed by the opponents of lethal injection; 5) the
risk of the improper administration of the drug involved does not also
suffice to render lethal injections as violating of the Eighth Amendment
as all the states that adopt lethal injections provide for safeguards
to ensure that an adequate dose of drugs is administered to the
convicted offender. One of the safeguards is that the members of the
team who will administer the three-drug combination are required to have
at least one year of professional experience. Also, they must be
licensed medical professionals and must participate in at least 10
practice sessions per year. An additional safeguard is the presence of
the warden and deputy warden in the execution chamber who are tasked to
closely monitor and watch for problems in the execution.
Conclusion
The
Supreme Court has eloquently spoken on the issue of Eighth Amendment
violation of the use of lethal injection as a method of execution.
Lethal Injections do not violate the Eighth Amendment. Gregg v. Georgia
allows and recognizes that constitutionality of death penalty. The
three drugs administered to the offender which serve different functions
in the body ensure that the offender will experience a quick and
painless death. The persons administering the lethal injection are all
medically qualified and with sufficient expertise and training. The
warden also closely monitors the administration of the lethal
injection. While it may have imperfections, as of the moment it is the
quickest, less painful and humane methods of execution.
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